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, WEDNESDAY, AUGUST 5, 2015 No. 126 House of Representatives The House was not in session today. Its next meeting will be held on Friday, August 7, 2015, at 11 a.m. Senate WEDNESDAY, AUGUST 5, 2015

The Senate met at 9:30 a.m. and was NUCLEAR AGREEMENT WITH IRAN when he announced it by falsely called to order by the President pro Mr. MCCONNELL. Mr. President, as conflating debates from more than a tempore (Mr. HATCH). the administration’s agreement with decade ago with the unique and con- f Iran comes under greater scrutiny, sequential realities of today. Now is a time to aim higher. Now is PRAYER there is growing bipartisan concern. It is widespread, and it is well founded. a time to dig deeper. What I am asking The Chaplain, Dr. Barry C. Black, of- The leading House Democrat on the is for President Obama to join us in ris- fered the following prayer: Foreign Affairs Committee recently ing to the moment. Let us pray. Senators and the American people Immortal, invisible, God only wise, said the deal ‘‘troubled’’ him because ‘‘it doesn’t prevent Iran from having a are being asked to weigh the con- continue to lead our lawmakers like a sequences of what it would mean to great shepherd. May they be watchful nuclear weapon, it just postpones it.’’ Yesterday another House Democrat allow Iran to become a nuclear-thresh- among the unwatchful and awake said the deal lacks ‘‘sufficient safe- old state with the power to dominate among those who sleep. Give them the guards’’ and ‘‘could lead to a dangerous its neighbors, spread its influence, and wisdom to speak and act with such regional weapons race.’’ She warned threaten our allies. This is a serious pure minds that joy will follow them that the agreement would leave the decision to make with serious con- like gentle winds. Lord, guide their consciences so that international community with limited sequences for our country. America de- our Senators may faithfully serve our options to prevent Iran’s nuclear serves a debate worthy of it. Nation and uphold Your values and breakout. I imagine the many Democrats with These are strong words, and they are truths. As we near the August break serious reservations about this deal from congressional Democrats who are may our lawmakers appreciate that feel the very same way. Nearly every otherwise supportive of the President. substantive things have been accom- Member of both parties voted to have It is clear that this deal is making plished, but much remains to be done. this debate when they passed the Iran Thank You that the illumination of Members of both parties uneasy—and Nuclear Agreement Review Act this Your wisdom enables us to more clear- with good reason. spring. Given the widespread bipartisan America’s role in the world, its com- ly see Your truth. concern about this deal, it is clear that We pray in Your sacred Name. Amen. mitment to global allies, and the kind a serious and proper debate, followed of future we will leave our children are f by a vote on the agreement, is now just all tied up in this issue. That is why I exactly what our country needs. PLEDGE OF ALLEGIANCE have called for a debate worthy of the The President pro tempore led the importance of the agreement when the f Pledge of Allegiance, as follows: Senate takes it up in September. I hope the President will echo this I pledge allegiance to the Flag of the CYBER SECURITY United States of America, and to the Repub- tone of seriousness in his remarks later lic for which it stands, one nation under God, today. I hope he will avoid tired, obvi- Mr. MCCONNELL. Mr. President, a indivisible, with liberty and justice for all. ously untrue talking points about this cyber attack can feel like a very per- f being some choice between a bad deal sonal attack on your privacy. A crimi- and war. Of course it isn’t. He knows it nal with your medical records, your RECOGNITION OF THE MAJORITY isn’t. He himself has said that no deal credit cards, and your Social Security LEADER is better than a bad deal. number; a stranger with emails from The PRESIDING OFFICER (Mr. There is also no need to insult the your boss, texts to your friends, and BOOZMAN). The majority leader is rec- man who negotiated this agreement pictures of your kids—it is personally ognized. and the man who stood by his side violating, financially crippling, and it

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

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VerDate Sep 11 2014 05:50 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\CR\FM\A05AU6.000 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE S6328 CONGRESSIONAL RECORD — SENATE August 5, 2015 can be just plain creepy. But with ef- Russ has all of the qualities you would 1. That is a short time away—less than fective cyber security legislation, we look for in a highly successful member 2 months. Every day that passes we are can help protect America’s privacy. of our leadership team—always willing another day closer to the crisis of an It seems the White House agrees too. to take on the difficult but necessary unfunded Federal government. We were glad to see such a strong tasks, unafraid to offer his candid ad- For months we have been warning statement of support yesterday for the vice, working each vote until the gavel Republican leaders that there is a need strong bipartisan and transparent falls, and defined by loyalty and integ- to find a solution to these budget prob- cyber security bill before the Senate. rity. This is someone whose judgment I lems. We have offered to meet with The President’s spokesman said ‘‘the value greatly. them. We have urged them to nego- Senate should take up this bill as soon I am glad Russ’s son Austin got to tiate. The answer is always no answer. as possible and pass it.’’ That is what see him in action. He has had a front- The Republican leader knows he the President’s spokesman said just row seat as a page here in the Senate. must negotiate. Here is what he said yesterday about the bill that is cur- We hope Austin will be seeing more of yesterday: ‘‘Different parties control rently on the floor. It is easy to see his dad soon, the same with his sister the Congress from control the White why. This bipartisan legislation would Sasha and Russ’s wife Cindy. House, and at some point, we’ll nego- help the public and private sectors pro- Thank you, Russ, for your service to tiate the way forward.’’ I am sure that tect America’s most private and per- the Senate. You have been an invalu- didn’t come out exactly the way he sonal information by defeating cyber able member of our team, and you will wanted, but I think I get the picture. attacks. be truly missed. He believes we have two Houses of Con- It contains important measures to gress that are different from the White f protect ‘‘individual privacy and civil House. I am quite certain that is what liberties,’’ as the top Democrat on the RECOGNITION OF THE MINORITY he meant to say. issue put it. It has been scrutinized and LEADER Regardless, the question remains: supported overwhelmingly—14 to 1—by The PRESIDING OFFICER. The Why does the Republican leader con- both parties in the Intelligence Com- Democratic leader is recognized. tinue to decline our invitation to sit mittee. down and craft a bipartisan solution Our colleagues said they would be f and do it now? Why does he continue to happy to consider the bill in a timely NUCLEAR AGREEMENT WITH IRAN tell us no? This should not come as a fashion—a couple of days ‘‘at the surprise, however, because Republicans Mr. REID. Mr. President, the Iran ac- most’’ is what the Democratic leader are in the habit of governing by manu- cord is the result of many years of hard told us—if allowed to offer some factured crisis. We have seen that over work by lots of people. Congressional amendments. That seemed reasonable the past 7 months. committees are conducting hearings to enough to me. That is why I offered a Their obvious distaste—some say ha- listen to the administration’s case and fair proposal yesterday that would tred—of government generally is so others. For example, this evening at 5 have ensured at least 10 relevant deep that many take pleasure in clos- p.m., we will have an all-Senators clas- amendments to be pending and debated ing it. We hear that from the state- sified briefing. At that meeting, we will for each party. That is actually more ments that have been made over the hear from Dr. Moniz, the Secretary of than what Democrats have been asking last few days. That could explain why Energy, a man imminently qualified as for. So I think everyone was a little they keep fighting to not move forward a scientist—an MIT physics professor taken aback when they chose to block on negotiations and finding excuses to who is world famous for his scientific the proposal anyway. simply close the government. Lately it prowess—and Wendy Sherman, one of I am still determined to see if we can has been women’s health. They are America’s truly great diplomats during find a way forward on this bipartisan going to close the government because the last 20 years. bill. Republicans support it, Democrats they don’t like the way women are get- We have yet to see the language of support it, and President Obama sup- ting their health care. the legislative response to the accord ports it. I am asking colleagues to join In the 1990s Republicans shut the that has been negotiated. I know that me to open debate on it today. With a government to force cuts in Medicare. Senator CORKER and Senator CARDIN little cooperation, we can pass a strong In 2013 they shut the government to are working on that, but it is not out bipartisan cyber security bill this force repeal of the Affordable Care Act. yet. It is incumbent on Congress to re- week. It is clear that both of those times view this agreement with the thought- f were total failures. ful, level-headed process that an agree- Earlier this year Republicans came TRIBUTE TO RUSS THOMASSON ment of this magnitude deserves. within hours of shutting down the De- Mr. MCCONNELL. Now, Mr. Presi- Let’s hopefully remember that we all partment of Homeland Security. That dent, on one final matter, I know my agree, and now the world agrees, that a is the agency which is tasked with friend from Texas will have some words nuclear-armed Iran is unacceptable and keeping our homeland safe. They came to say about the man who has been a threat to our national security, the within hours of closing down the whole helping him run the whip operation so safety of Israel, and the stability of the Department. effectively the last few years, and I Middle East. Like many Senators, I am There is always a new reason—some know Senator CORNYN won’t mind if I continuing to consider this matter. I grievance from the partisans at FOX share a few thoughts first. am looking forward to the briefing to- News, some complaint from whiners on Russ Thomasson is preparing to bid night. It is altogether appropriate for talk radio, some attack from radicals farewell to the Senate after many Senators to consider this deliberately in the tea party. It makes one wonder: years in the trenches. He is one of the and with the understanding that this is What will be next? Will the Repub- most approachable and good-humored very important. I admire those Sen- licans again use shutdown extortion to staffers around here. He is also incred- ators on both sides who have come to a try to repeal ObamaCare or to attack ibly effective. conclusion on how they feel about this. immigrants or to cut Social Security This former intelligence officer al- A number of us have not and are look- or to privatize Medicare? ways has his ear to the ground. When ing for more information to better un- As I just said, there is a new one. he takes the pulse of the Senate, it is derstand this very important time in They are targeting the health of with uncommon precision. the history of the world. women in America. Could it be any Russ loves a good nail-biter too. And f more obvious that the Republican in a more open, more freewheeling, Party doesn’t care about the health of and, by definition, more unpredictable FUNDING THE FEDERAL women? That is obvious from the state- Senate, you are inevitably going to GOVERNMENT ments that have been made. The legis- have a few of those as well. What is im- Mr. REID. Mr. President, on another lation before this body says money portant is that with Russ’s help, we al- matter, unless Congress acts, there will that goes to this organization which most always seem to push through. be a government shutdown on October they dislike—other agencies will take

VerDate Sep 11 2014 05:50 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\CR\FM\G05AU6.002 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE August 5, 2015 CONGRESSIONAL RECORD — SENATE S6329 care of it. Well, we have learned that in privatizing them. And we insist on sup- should take up this bill as soon as pos- Texas alone, hundreds of thousands of porting women’s health, not gutting it. sible and pass it.’’ people simply wouldn’t be able to have We know that Republicans disagree Here is why this is so important. the care they need. Yesterday Jeb Bush with us about these middle-class prior- Last year the cyber security com- went so far as to say this, a direct ities, but I hope these disagreements— pany McAfee and the Center for Stra- quote: ‘‘I’m not sure we need half a bil- serious though they are—won’t get in tegic and International Studies, which lion dollars for women’s health issues.’’ the way of keeping the government op- we call CSIS, estimated that the an- Unfortunately, the attack on wom- erating. Whatever our differences, we nual cost of cyber crime is more than en’s health is only one example of the should act responsibly. We should at $400 billion—that is the annual cost— many legislative riders Republicans least be able to agree to not shut down and could cost the United States as are pursuing. This isn’t just talk; they the government. Republicans should many as 200,000 jobs. That is not my have actually done it in the various not once again take legislative hos- analysis; that is the analysis of secu- bills that have come out of the House tages to get some rightwing prize that rity experts. Also last year the cyber in the appropriations process and over is within their grasp. security company Symantec reported here by the Republicans. These par- Mr. President, would the Chair an- that over 348 million identities were tisan riders have nothing to do with nounce the business of the day. exposed through data breaches—348 million people had their data exposed. funding the government and every- f thing to do with ideology and special Poll information out this week from interests. RESERVATION OF LEADER TIME the Financial Services Roundtable For example, there is a legislative The PRESIDING OFFICER. Under shows that 46 percent of Americans rider to block implementation of the the previous order, the leadership time were directly affected by cyber crime Affordable Care Act, which would deny is reserved. over the past year—that is almost one- half of the American population—and health coverage to millions of Ameri- f cans—that, after almost threescore dif- 66 percent are more concerned about CYBERSECURITY INFORMATION ferent attempts to repeal ObamaCare. cyber intrusions than they were last SHARING ACT OF 2015—MOTION Each of them turned out the same: year. Why are people so concerned? TO PROCEED They were defeated overwhelmingly. Well, here is a list of 10 of the most There is a legislative rider on behalf The PRESIDING OFFICER. Under noteworthy cyber breaches and attacks of Wall Street to protect institutions the previous order, the Senate will re- from the past year and a half. Of course, we all know OPM. June of that are too big to fail, making tax- sume consideration of the motion to this year, Office of Personnel Manage- payers more vulnerable to future bail- proceed to S. 754, which the clerk will ment. There was an announcement outs. report. that roughly 22 million government There is a legislative rider to under- The bill clerk read as follows: employees and security clearance ap- mine the President’s work to address Motion to proceed to Calendar No. 28, S. plicants had massive amounts of per- the dangers of climate change. And the 754, a bill to improve cybersecurity in the sonal information stolen from OPM dangers of climate change exist. United States through enhanced sharing of information about cybersecurity threats, databases. Spread across all the news today is the Primera Blue Cross. In March of this fact that the Forest Service is going to and for other purposes. The PRESIDING OFFICER (Mr. COT- year, Primera Blue Cross, a health in- be spending 75 percent of its money surer based in Washington State, said fighting fires in the future. There will TON). Under the previous order, the time until the cloture vote will be that up to 11 million customers could be no money left for anything other have been affected by a cyber breach than fighting fires. equally divided between the bill man- agers or their designees. last year. There is a fire going on in California Anthem. In February 2015, Anthem, The Senator from California. now. It is 15 or 20 percent contained. one of the Nation’s largest health in- Mrs. FEINSTEIN. Mr. President, it is There are 7,000 or 8,000 firefighters try- surers, said that hackers breached a my understanding that although the ing to stop that fire from spreading database that contained as many as 80 Senate had been scheduled to vote at even more. That is only one of the million records of current and former 10:30 on a cloture motion, that time many fires burning as we speak. customers. There is a legislative rider in their might be changed. However, I wish to Sony Pictures Entertainment. In No- legislation attacking immigrants by make some further remarks in addition vember of last year, North Korean undermining President Obama’s recent to what I said yesterday on the Cyber- hackers broke into Sony Pictures En- Executive actions. security Information Sharing Act. tertainment and not only stole vast There is a legislative rider to block I think it is fair to say that I have amounts of sensitive and personal data the Federal Communications Commis- been very disappointed over the past but destroyed the company’s whole in- sion from implementing its recent net couple of days that we have not moved ternal network. neutrality order. Let’s not forget that to this bill more quickly and that we Defense Industrial Base. A 2014 Sen- this is what the Republican leader haven’t reached an agreement to take ate Armed Services Committee inves- wanted; in fact, this is what he prom- up and begin considering amendments. tigation found over 20 instances in the ised. It was just last month that he There has been a lot of talk about com- previous year of Chinese actors pene- told the Lexington Herald Leader that mittee jurisdictions and germaneness trating the networks of defense con- he and Republicans would ‘‘line the in- of amendments and process issues that tractors to the military’s Transpor- terior appropriations bill with every the American people just don’t care tation Command. rider you can think of.’’ In this in- about and which, frankly, don’t make JPMorgan Chase. In September of stance, he certainly is a man of his anyone safer. So I wish to take a few last year, it was reported that hackers word. minutes to point out what we are real- broke in to their accounts and took the Democrats disagree with these Re- ly talking about. account information of 76 million publican attacks, and we are going to Here are a few facts and figures. As I households and 7 million small busi- resist them. We believe in standing up said in my remarks yesterday, cyber nesses. not for billionaires and tea party attacks and cyber threats are getting Home Depot. In September of last ideologues but for everyday, working more and more common and more and year, Home Depot discovered that families. Take sequestration, for exam- more devastating. This isn’t going to hackers had breached their networks ple. While Republicans want relief only stop. It is going to get worse, and it af- and may have accessed up to 56 million for the Pentagon, we insist on equal, fects everyone. That is why last night credit cards. dollar-for-dollar treatment for the the White House had a simple message, EBay. In May of last year, it was re- needs of America’s middle class—for and I hope my colleagues will hear it. ported that up to 233 million personal jobs, for education, for health care. We A White House spokesman said yester- records of eBay users were breached. insist on strengthening Social Security day: ‘‘Cybersecurity is an important There are people here who are con- and Medicare, not cutting and national security issue and the Senate cerned with personal information.

VerDate Sep 11 2014 05:50 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\CR\FM\G05AU6.003 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE S6330 CONGRESSIONAL RECORD — SENATE August 5, 2015 Look at the breach of personal infor- portal and goes to the Defense Depart- The earlier bills were fragmented. mation that has taken place because ment or FBI or any other agency. Page This bill has a solid support from over we haven’t been able to stop it. 25 of the bill has details on the agen- 50 different companies and associa- Destructive attack on Sands Casino. cies’ guidelines that will be developed tions. I want to read just a few of them. In early 2014, Iran launched a cyber at- to make a scrub: For the first time, the U.S. Chamber tack on the Sands Casino in Las Vegas Not later than 60 days after the date of en- of Commerce supports the bill; the that rendered thousands of their elec- actment of this Act, the Attorney General Software Alliance supports this bill; tronic systems inoperable, according to shall, in coordination with the heads of the the Information Technology Council public testimony of the Director of Na- appropriate Federal entities and in consulta- supports this bill; yesterday I received tional Intelligence, James Clapper. tion with officers designated under section a letter from General Motors sup- 1062 of the National Security Intelligence Target. In December 2013, Target dis- porting this bill; the American Bankers Reform Act of 2004 (42 U.S.C. 2000ee–1), de- Association; the American Financial covered that up to 70 million customers velop, submit to Congress, and make avail- may have had their credit card infor- Services Association; the American In- able to the public interim guidelines relating surance Association; Agricultural Re- mation taken by hackers. to privacy and civil liberties which shall That is just the last year and a half. govern the receipt, retention, use, and dis- tailers Association; Airlines for Amer- This Senator remembers, before this semination of cyber threat indicators by a ica; Alliance of Automobile Manufac- was disclosed in 2008, when hackers Federal entity obtained in connection with turers; American Cable Association; broke into Citibank and broke into the activities authorized in this Act. American Chemistry Council; Amer- (2) FINAL GUIDELINES.— ican Fuel and Petrochemical Manufac- Royal Bank of Scotland and robbed in- (A) IN GENERAL.—Not later than 180 days turers; American Gaming Association; dividuals in each one of more than $10 after the date of the enactment of this Act, American Gas Association; American million. That was not made public for the Attorney General shall, in coordination Insurance Association; American Pe- a long time because they didn’t want with heads of the appropriate Federal enti- troleum Institute; American Public anybody to know. That was 2008. That ties and in consultation with officers des- Power Association; American Water was 7 years ago, and we haven’t done ignated under section 1062 of the National Security Intelligence Reform Act of 2004 (42 Works Association; Association of anything about it. American Railroads; Association of Those are some of the breaches from U.S.C. 2000ee–1) and such private entities with industry expertise as the Attorney Gen- Metropolitan Water Agencies; The the past year and a half. There are eral considers relevant, promulgate final Clearing House; Consumer Bankers As- cyber crimes, theft of personal infor- guidelines relating to privacy and civil lib- sociation; Credit Union National Asso- mation, intellectual property, and erties which shall govern the receipt, reten- ciation; Electronic Transactions Asso- money every single day. tion, use and dissemination of cyber threat ciation; Financial Services Forum; In 2011 and 2012, there were denial-of- indicators by a Federal entity obtained in Independent Community Bankers of service attacks against major Wall connection with activities authorized in this Act. America; Investment Company Insti- Street banks and Nasdaq, showing that tute. It goes on and on and on. our financial institutions are vulner- Then there is a section on periodic I would point out Oracle and the Na- able. In 2012, Saudi Aramco, the world’s review. tional Association of Manufacturers largest energy oil and gas company, Then there is a section on content: support it; IBM; as I said, General Mo- had three-quarters of its corporate The guidelines required by paragraphs (1) tors; and the U.S. Telecom Association computers wiped out in a cyber attack. and (2) shall, consistent with the need to pro- support it. We are vulnerable and these attacks tect information systems from cybersecurity Mr. President, I ask unanimous con- will continue. threats and mitigate cybersecurity threats— (A) limit the impact on privacy and civil sent that this list be printed in the This legislation, which was approved liberties of activities by the Federal Govern- RECORD. by a 14-to-1 vote in March and has been ment under this Act; There being no objection, the mate- significantly improved since then, will (B) limit the receipt, retention, use, and rial was ordered to be printed in the not end these attacks, but it will great- dissemination of cyber threat indicators con- RECORD, as follows: ly enhance the ability of companies taining personal information of or identi- SUPPORTERS OF THE CYBERSECURITY and the U.S. Government to learn from fying specific persons, including by estab- INFORMATION SHARING ACT OF 2015 each other about the threats they see lishing— U.S. Chamber of Commerce; BSA: The (i) a process. . . . and the defenses they employ. Software Alliance; Information Technology I would like to make a couple of com- And it goes on through page 27 of the Industry Council; American Bankers Asso- ments about the bill on specific points, bill. Everyone can pick it up and read ciation; American Financial Services Asso- it. ciation; American Insurance Association; if I may. We have made some 15 privacy Agricultural Retailers Association; Airlines information improvements in this bill, Section (E) on line 27 says it must ‘‘protect the confidentiality of cyber for America; Alliance of Automobile Manu- and I would like to read page 16 of the facturers; American Cable Association; bill on ‘‘Removal of Certain Personal threat indicators containing personal American Chemistry Council; American Fuel Information.’’ information of or identifying specific & Petrochemical Manufacturers; American persons to the greatest extent prac- Gaming Association; American Gas Associa- An entity sharing a cyber threat indicator tion; American Insurance Association; Amer- pursuant to this Act shall, prior to such ticable. . . . ’’ ican Petroleum Institute; American Public sharing— Somebody can pick up this bill and Power Association; American Water Works (A) review such cyber threat indicator to read the section, pages 25, 26, and 27, Association; ASIS International; Association assess whether such cyber threat indicator and see the second personal informa- of American Railroads. contains any information that the entity tion scrub that is in this bill. It hap- Association of Metropolitan Water Agen- knows at the time of sharing to be personal pens, first, the company must scrub cies; The Clearing House; Consumer Bankers information of or identifying a specific per- the information and then, second, the Association; Credit Union National Associa- son not directly related to a cybersecurity government must scrub the informa- tion; Electronic Transactions Association; threat and remove such information; or tion. I think those are very substantial Financial Services Forum; Financial Serv- (B) implement and utilize a technical capa- ices Roundtable; Independent Community bility configured to remove any information mandates. I have been very disappointed by our Bankers of America; Investment Company contained within such indicator that the en- Institute; NACHA—The Electronic Payments tity knows at the time of sharing to be per- inability to move this bill. Yesterday I Association; National Association of Federal sonal information of or identifying a specific cited the procedural history. This is Credit Unions; National Association of Mu- person not directly related to a cybersecu- the third bill we have dealt with. It tual Insurance Companies; Property Cas- rity threat. gets into a question of committee ju- ualty Insurers Association of America; Secu- That is the first personal information risdiction, but the Intelligence Com- rities Industry and Financial Markets Asso- scrub in this bill. mittee has been working on this issue ciation; BITS—Financial Services Round- The second scrub is left to the agen- for 5 years now. We have worked with table; College of Healthcare Information Management Executives; CompTIA—The cies receiving the information. To that companies. We have worked with tech- Computing Technology Industry Associa- end, the Attorney General is directed nicians. Our staffs are very well aware tion; CTIA—The Wireless Association; Edi- to issue guidelines to all agencies once of all the issues and the technical dif- son Electric Institute; Electronic Payments the information goes through the DHS ficulties in putting together a bill. Coalition.

VerDate Sep 11 2014 05:50 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\CR\FM\G05AU6.005 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE August 5, 2015 CONGRESSIONAL RECORD — SENATE S6331 Electronic Transactions Association; Fed- vacy protection. You can see that by The senior assistant legislative clerk eration of American Hospitals; Food Mar- the cyber interruptions. You can see proceeded to call the roll. keting Institute; Global Automakers; that by the use of insurance data by Mr. LEAHY. Mr. President, I ask GridWise Alliance; HIMSS—Healthcare In- unanimous consent that the order for formation and Management Systems Soci- company to company. You can see that ety; HITRUST—Health Information Trust by companies that are designed to ac- the quorum call be rescinded. Alliance; Large Public Power Council; Na- cumulate data about an individual so The PRESIDING OFFICER. Without tional Association of Chemical Distributors; they can sell that data to other compa- objection, it is so ordered. National Association of Manufacturers; Na- nies, which can tell you who uses a NUCLEAR AGREEMENT WITH IRAN tional Association of Mutual Insurance Com- credit card, how you use it, where you Mr. LEAHY. Mr. President, this is panies; National Association of Water Com- use it, and at what time you use it. To not the first time, nor will it be the panies; National Business Coalition on e- me that is a privacy violation. last time that I speak in this Chamber Commerce & Privacy; National Cable & Tele- communications Association; National Rural We have taken every step to prevent about the Iran nuclear agreement. I lis- Electric Cooperative Association; NTCA— privacy violations from happening tened to some of the hearings on this The Rural Broadband Association; Property under this bill. Yet there are individ- subject in both the House and the Sen- Casualty Insurers Association of America; uals who still raise that as a major ate, last week, and I want to provide a The Real Estate Roundtable; Software & In- concern. I believe it is bogus. I believe bit of my perspective on the challenge formation Industry Association; Society of it is a detriment to us in taking this before us. Chemical Manufacturers & Affiliates. I was a law student in Washington Telecommunications Industry Association; first step to protect our American in- Transmission Access Policy Study Group; dustries. If we don’t pass it, the thefts during the 1962 Cuban Missile Crisis. Utilities Telecom Council; Oracle; National are going to go on and on and on. My wife and I were living probably 2 Association of Manufacturers Association; I understand that the cloture vote miles from the White House, and we IBM; General Motors (GM); US Telecom As- has been postponed until 2 o’clock. I were paying very close attention to sociation. will vote for cloture. I believe we have, what might happen. Afterward, as Mrs. FEINSTEIN. So I want to say in good faith—Senator BURR and I, the more of the history came out, we real- something about jurisdiction of com- committee as a whole, the staffs on ized that some of President Kennedy’s mittees. The Homeland Security Com- both sides of the aisle—gone out of our top advisers and Members of Congress mittee is certainly free to do a bill. way to listen to Senators, to present pushed for a military attack on Cuba— The Judiciary Committee is certainly amendments where they felt they were actually, a military attack against the free to do a bill. We have the one on workable and applicable to the bill. We then-Soviet Union. A war between the the Intelligence Committee—and the need to get on with it because the lit- two nuclear superpowers would have at Presiding Officer is a member of this any I read in the last year and a half of the very least risked the annihilation committee—which has been working on almost half of the American people of both countries. Fortunately, Presi- this for a long time. We have done two being affected by cyber crime cannot dent Kennedy had the thoughtfulness, bills previously. This bill, I believe, has go on. patience, and fortitude to resist the hit the mark of support across the Na- I make these remarks and hope at pressure to go to war. tion, from the companies—both cor- least it can clear the air somewhat, so It is not easy to stick with the long porate and privately owned—that when a cloture vote does come at 2 road of tough negotiations when many would have to use this. o’clock, we will have the votes to pro- are clamoring for a military solution It is all voluntary. It does not force ceed to the bill. rather than negotiations. It is the anybody to do anything they do not I yield the floor. same today as it was back in the time want to do. If one does share, and share The PRESIDING OFFICER. The ma- of the Cuban Missile Crisis. according to the strictures of this bill, jority leader. Today we are considering an agree- you are protected with liability insur- Mr. MCCONNELL. Mr. President, the ment at the end of such negotiations ance. If you reduce it to its basic ele- Democratic leader and myself continue between the United States and our al- mental truth, it is the on-ramp to to discuss the way forward on cyber. I lies, and Russia, China, and Iran to cyber security protection in this coun- think we have made some progress, but curb an illicit nuclear program that try. It gives companies the ability to to make that more possible for us to threatens the Middle East and the talk to each other about a well-defined reach some kind of agreement, I now world. cyber threat indicator, to talk with the ask unanimous consent that notwith- I know from my conversations with government, and to be able to take ad- standing the provisions of rule XXII, the President and with Secretary vice from the government. If they fol- the cloture vote with respect to the Kerry and Secretary Moniz how dif- low the bill, they don’t have to worry motion to proceed to S. 754 occur at 2 ficult this was. I also know from my about a lawsuit. That is what this bill p.m. today; further, that the manda- conversations with them that they does. tory quorum call under rule XXII be were prepared to walk away rather So this Senator must say we have waived. than settle for a bad deal. But based on made at least 15 different privacy The PRESIDING OFFICER. Without what I have heard so far, this is not a amendments to meet individual Sen- objection, it is so ordered. bad deal. ators’ needs. There is a managers’ Mrs. FEINSTEIN. I suggest the ab- There are aspects of the agreement package, a substitute amendment, if sence of a quorum. that I and others have legitimate ques- you will, that takes out any use of this The PRESIDING OFFICER. The tions about, but we already know a lot information from being used for any clerk will call the roll. about it. other purpose—violent crime—other The senior assistant legislative clerk We know that prior to negotiations, than cyber security because a number proceeded to call the roll. Iran’s nuclear program was hurtling of Senators weighed in, and they felt it Mrs. FEINSTEIN. Mr. President, I forward despite multinational sanc- could be used to be monitored as a sur- ask unanimous consent that the order tions. veillance bill. for the quorum call be rescinded. I remember back in September of This is not a surveillance bill. What The PRESIDING OFFICER. Without 2012, I had been named the Senate dele- it is meant to be is a voluntary effort objection, it is so ordered. gate to the U.N., and Israeli Prime that companies can enter into with Mrs. FEINSTEIN. Mr. President, I Minister Netanyahu spoke. He warned some protection if they follow this law. ask unanimous consent that the time that Iran was within months— It gives the Attorney General the obli- during quorum calls be charged equally months—of producing a nuclear bomb. gation to come up with secure guide- to both sides. Well, whether or not that was accurate lines to protect private information. The PRESIDING OFFICER. Without then, it certainly is not accurate if this It is very hard for me, candidly, to objection, it is so ordered. agreement is implemented. understand why this has become such a Mrs. FEINSTEIN. I suggest the ab- We know negotiations succeeded in big issue because we protect privacy in- sence of a quorum. freezing Iran’s nuclear development in formation. Today out in this vast land The PRESIDING OFFICER. The place, and now we have an agreement of the Internet, there is very little pri- clerk will call the roll. to roll back Iran’s program.

VerDate Sep 11 2014 05:50 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\CR\FM\A05AU6.001 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE S6332 CONGRESSIONAL RECORD — SENATE August 5, 2015 We know that this is the most rig- lion and the meter is still running—$2 were asked to testify because the mem- orous monitoring and inspection regi- trillion. It is the first time in this Na- bers of those committees had questions men ever included in a nonprolifera- tion’s history when we went to war on and concerns about those agreements tion agreement. Actually, I think it is a credit card; we didn’t enact a tax to and wanted to hear the witnesses’ re- a lot more rigorous than many observ- pay for it. Even unpopular wars, like sponses. However, rather than a re- ers predicted it would be. Vietnam and Korea, were paid for. spectful, substantive exchange, what We know that without this deal, the Is it the critics’ alternative to reject has too frequently occurred has been monitoring and the onsite inspections this agreement and then somehow con- an embarrassing display of political would go away, and so would support vince the other parties to it—Russia, theater. for the international sanctions we China, and the rest of the P5+1—to im- What we have heard is a series of painstakingly built. Remember, it took pose even stronger multilateral sanc- speeches often containing assertions or years for us to put together a coalition tions? Have they bothered to ask offi- accusations that are either contra- of other countries to impose the sanc- cials in any of those governments what dicted by the actual words of the agree- tions. Many of them did so at great the chances of that would be? Certainly ment or without factual basis, and economic cost to their own economies, the statements those officials have then they are followed by questions the but they stuck with us because they made make it very clear that those witnesses were unable to answer be- thought we would negotiate in good chances—to use a precise expression— cause when they tried, they were inter- faith and that diplomacy could suc- are zilch. rupted or told the time had expired. ceed. If we walk away now, many of I am as outraged as anyone by Iran’s Many Vermonters have talked to me these countries are going to say: OK, support of terrorism, its arbitrary ar- about those hearings. They were often you are in this by yourself. The United rests and imprisonment of Americans, embarrassing to watch, and they did a States can impose sanctions, but they its denial of due process, its use of tor- disservice to the American people who will be nowhere near as effective as ture and other violations of human deserve to know that their representa- they were when we joined you. rights, and its summary executions of tives are engaged in a substantive, in- We know that the sanctions reprieve political opponents, just as I object to depth exchange of views on the hugely in this agreement is limited and revers- similar abuses by many countries we important issue of how to prevent Iran ible. It is structured so that many deal with every day. from obtaining a nuclear weapon. sanctions remain in place, sanctions in But as horrific as Iran’s behavior is, I have questions myself because, which other countries have joined us. If it pales compared to the havoc Iran short of unilateral surrender by one Iran fails to meet its commitments, we could wreak if it obtains a nuclear party, every agreement involves com- and our partners can revoke the lim- weapon. A nuclear-armed Iran could promise. That is as true for inter- ited relief and we can impose addi- commit acts of terrorism that dwarf by national diplomacy as it is for the Sen- tional sanctions. thousands or even millions of times ate. Neither side gets everything it Some criticized this agreement with- over those it engages in today. There is wants. Anyone who suggests that was a in minutes of the agreement being an- simply no comparison. possible outcome here is fooling them- nounced. They are long on scorn, but A workable agreement doesn’t just selves or, even worse, deceiving the they are short on alternatives. buy more time, it can also buy more voters who sent them here. Again, I remember that speech by opportunities. In Iran, the impetus for The President has been unwavering Prime Minister Netanyahu years ago reforming its hostile and destabilizing in his insistence that the goal of this when he warned that Iran was just foreign policy comes from the Iranian agreement is to prevent Iran from ob- months away from building a nuclear people. For decades, the Iranian middle taining a nuclear weapon. I commend weapon. Today, people are expressing class has been smothered—first by a him for his vision and resolve. I have concern about what may happen 15 revolution that crushed their aspira- spoken with him at length about this. I will say to my colleagues what I years from now, not a few months from tions and then by a regime that im- said to the President. It is now up to now. They ignore the fact that if Con- posed the harsh consequences of its Congress to carry out its oversight re- gress rejects this agreement, Iran can own criminal behavior on the Iranian sponsibility. We can strive to make immediately resume its development of population. this work, keeping in mind the vital highly enriched uranium. Iran can Ordinary Iranians overwhelmingly do national security interests at stake for build a nuclear weapon in far less than not want an empire; they want more our country and for our allies, or we 15 years. I would ask, is that the alter- economic opportunities, freedom of ex- pression, and to reengage peacefully can impulsively sabotage this chance. native they support? But we should engage in this process Or is it another war in the Middle with the world. With this agreement, in a manner that enhances the image East, which our senior military leaders the Iranian middle class can continue of the U.S. Senate and that affords say could spiral out of control and at to be a factor in future negotiations. those in our government who spent best would delay the resumption of It is well understood that in the Con- years forging this agreement the re- Iran’s nuclear weapons programs by 2 gress, we agree or disagree, we debate, and we vote. That is one of the reasons spect and appreciation they deserve. to 3 years, after which it would not be Mr. President, there have been many I wanted to be a Member of this body. subject to international inspections? thoughtful articles and opinion pieces Some of the most vociferous critics Ideally, we do so in a manner that re- written about the Iran nuclear agree- of this agreement reflexively supported flects the respect each of us owes to ment. I am sure there will be many sending American troops to overthrow this institution. For a nation of over more. I ask unanimous consent to have Saddam Hussein and occupy Iraq. We 300 million Americans, there are only printed in the RECORD one of those ar- did this after having hearings and 100 of us who have the privilege at any ticles, authored jointly by Eric meetings in which the Vice President given time to serve in this body. We Schwartz and Brian Atwood, two of the United States implied that Iraq are but transitory occupants of the former Assistant Secretaries of State. was involved in the attack on 9/11 and seats the voters have afforded us the There being no objection, the mate- made it very clear that they had weap- opportunity to occupy. In carrying out rial was ordered to be printed in the ons of mass destruction. our responsibilities, we should do our RECORD, as follows: I voted against that war because I best to live up to the standards of [Commentary, July 30, 2015] read the intelligence files, and they those who created what we take pride CHEERLEADERS FOR WAR ARE STILL SO WRONG were very clear that there was no cred- in calling the world’s oldest democ- CONGRESS NEEDS TO ‘‘PRACTICE HISTORY’’ AND ible evidence that Iraq had weapons of racy. OK THE AGREEMENT. mass destruction, and it was very clear I mention this because, as I said ear- (By Eric Schwartz and Brian Atwood) that they had nothing to do with 9/11. lier, I listened to portions of the hear- In ‘‘Practicing History,’’ historian Barbara That colossal mistake killed or ings in the various House and Senate Tuchman observed that there are ‘‘two ways maimed thousands of Americans, hun- committees on the Iran nuclear agree- of applying past experience: One is to enable dreds of thousands of innocent Iraqis, ment at which the Secretaries of State us to avoid past mistakes and to manage bet- and by now has cost more than $2 tril- and Energy testified. Presumably, they ter in similar circumstances next time; the

VerDate Sep 11 2014 05:50 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\CR\FM\G05AU6.034 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE August 5, 2015 CONGRESSIONAL RECORD — SENATE S6333 other is to enable us to anticipate a future enforceable nuclear agreement, we have the motion authority for the first time course of events.’’ strongest capacity to manage such chal- since 2002. We passed a permanent doc Tuchman would find it strange today that lenges effectively. fix to prevent Medicare payment cuts— many of the loudest opponents of the Iran Americans must hope that Congress will be after 17 temporary patches since 2002. nuclear agreement are the same prominent preoccupied with the substance of the Iran individuals and organizations who unequivo- agreement and the poor alternatives to it, And the Senate ended Washington’s cally supported the most significant national and not be influenced by voices of the past test-based education policies by mak- security blunder by the U.S. in recent mem- that cling to dangerous views about our ing States responsible and accountable. ory, the war of choice in Iraq. prospects as a go-it-alone superpower. Con- A lot of people in Washington have As evidence has accumulated since the gress should ‘‘practice history’’ and recog- written about gridlock, and they had failure to find weapons of mass destruction nize that this agreement has the potential to gotten used to the gridlock when in Iraq, the price of that foreign policy en- interrupt the downward spiral in the region, Democrats ran the Senate. Now they gagement has become obvious to most. The from conventional war and terrorism to nu- are starting to realize the Senate real- cost to the U.S. includes trillions of dollars clear conflict. ly is working again. They realize we lost to future generations of Americans, tens Forcing the president to veto a rejection can actually get things done. That is of thousands killed or injured, the opening of resolution would reflect badly on the Con- a Sunni-Shia Pandora’s box of sectarian gress and the United States of America. not me speaking. That is what the Bi- strife, the ascendance of Iran and the dimin- Even worse, overriding a presidential veto partisan Policy Center recently said. ished influence of the U.S. in the Middle would have grave implications for the U.S., This is a group of former Republican East. for Israel and for the region for many years and Democratic Members of Congress. Remarkably, there are still unrepentant to come. They came out with a report called cheerleaders for that war, as well as those Mr. LEAHY. Mr. President, I will their ‘‘Healthy Congress Index.’’ They who argue that the U.S. invasion was a good speak further on this subject, but I see did it for the first 6 months of 2015. idea in principle that was just executed poor- no other Senators seeking the floor. The headline of the report was ‘‘Con- ly. And they are among the most influential voices opposed to the agreement with Iran. While I do appreciate the opportunity tinued Signs of Life in Congress.’’ Con- Why does it matter that the pundits who to be here, I must admit that, looking tinued signs of life—imagine that—ac- were so convinced about invading Iraq more at the weather and live views of tual signs of life and activity taking than a decade ago now pursue with pas- Vermont this morning, I will look for- place in Congress this year. sionate certainty the defeat of the diplo- ward to the time we complete our work This bipartisan group reported that matic effort involving Iran? because after the last vote of this the total number of days worked is up It matters because, then and now, these week, I will be on the first flight I can from previous years—15 more days voices suffer from a greatly exaggerated worked just so far in the first 6 months view of the ability of the U.S. to unilaterally get on and look forward to being in dictate geopolitical outcomes that we desire. Vermont. I will miss all of you, of of the Senate compared to last year. In the case of Iraq, this was perhaps best ex- course, but not so much I want you all That is 3 more weeks of work on the pressed by former Vice President Dick Che- to come and join me. Senate floor than the year before under ney who, when pressed before the war on our With that, Mr. President, I suggest HARRY REID. capacity to remake Iraqi society, argued the absence of a quorum. The Bipartisan Policy Center also that we would be ‘‘greeted as liberators.’’ Of The PRESIDING OFFICER. The said the committees are actually work- course, the experience in Iraq, the resulting clerk will call the roll. ing again. ‘‘Congressional committees ascendance of Iran and reduced U.S. influ- The senior assistant legislative clerk have been extremely active, reporting ence in the region have only further dimin- a significantly larger number of bills ished our capacity to act without the sup- proceeded to call the roll. port of others and have underscored the im- Mr. BARRASSO. Mr. President, I ask than the previous two Congresses.’’ portance of smart power—diplomacy backed unanimous consent that the order for That is because the committees are with all of the resources at our disposal to the quorum call be rescinded. working again. In the first 6 months of achieve our objectives. The PRESIDING OFFICER (Mr. SUL- this year we had 102 bills reported out The nuclear agreement, now endorsed LIVAN). Without objection, it is so or- of committees in the Senate, compared unanimously by the United Nations Security dered. to just 69 in the first 6 months of the Council, is long and complex, and it is pre- last Congress and just 42 in the Con- WORKING TOGETHER IN THE SENATE sumed that Congress will study carefully the gress before that. Now, that is just details. Are the verification provisions ade- Mr. BARRASSO. Mr. President, as through the end of June. Our commit- quate and does the International Atomic En- Senators get ready to head home for tees have produced even more bills ergy Agency have the resources to monitor the August recess, I think it is a good since then. So committees are work- compliance? What is the process by which time to look back at what we have ing—and we are working together—to sanctions could be reimposed if violations been able to achieve so far this year. occur? Are all paths to a nuclear bomb push out bipartisan bills. blocked? What are the alternatives to this I would say, by any measure, the Right now both Houses of Congress approach and are they acceptable to the record of the Senate this year has been are in a 60-day period of scrutinizing American people? one of great accomplishments and bi- the Iran nuclear agreement. We are Our expectation is that a serious examina- partisan achievements because we have able to do that because the Iran Nu- tion of this agreement should win over a bi- worked together to find solutions to clear Agreement Review Act had unan- partisan majority. The agreement’s substan- help the country move ahead. tial reductions in uranium stockpiles and in- imous support in the Foreign Relations With Republicans in charge, the Sen- Committee—Republicans and Demo- stalled centrifuges, robust inspection regime ate set a very fast pace for the first 100 and dramatically diminished capacity for an crats voting together—and then it got Iranian breakout and ‘‘race to a bomb’’ pro- days of the new Congress. We have kept overwhelming bipartisan support on vide unprecedented means to ensure Iran will up that pace now over the first 6 the Senate floor. That is just one more meet its stated commitment to never build a months of the Congress, and we are way the Senate is working again. nuclear weapon. going to continue to build on that mo- So far in this Congress we passed But these elements will not win over those mentum for the rest of the year and, I more than 64 different bills. The high- with an unrealistic view of the capacity of believe, achieve even greater success way trust fund legislation was bipar- the U.S. to play the Lone Ranger in inter- on behalf of all Americans. national politics. And while opponents say tisan. It will fund highways and trans- they support diplomacy, the so-called alter- Under Majority Leader MITCH portation all across the country, and 26 natives they would prefer—like pressing for MCCONNELL, Senate Republicans are Democrats voted in favor of that legis- a harder line on sanctions relief—would put now governing, and we are doing it in a lation. We passed the education reform us at odds with our allies, be rejected by Iran bipartisan way, just as we promised. bill with 40 Democrats in favor. When and increase the risks of another war in the The Senate passed the first budget we passed the trade promotion author- Middle East that would be tragic for both resolution with the House since 2009— ity, 14 Democrats joined Republicans the U.S. and for Israel. the first one since 2009. The Appropria- to get that done. These important The nuclear agreement will of course pose tions Committee passed all 12 spending challenges for U.S. policymakers, as sanc- pieces of legislation are just part of our tions relief will provide benefits to Iran and bills for the first time in 6 years. We commitment to work together to solve opportunities to make mischief in the re- passed the longest reauthorization of problems for the American people. gion. But through our continued presence, the highway trust fund in almost a dec- Even Tom Daschle—Tom Daschle, support of regional friends and allies, and an ade. The Senate passed trade pro- the former Democratic Senate leader—

VerDate Sep 11 2014 05:50 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\CR\FM\A05AU6.002 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE S6334 CONGRESSIONAL RECORD — SENATE August 5, 2015 recently said: ‘‘The good news is that Hardworking Americans are ex- bate, led most Americans to believe Congress is continuing to move in the tremely anxious for us to continue that Saddam Hussein, the leader in right direction: staying in session more working together to solve some of Iraq, possessed weapons of mass de- often, empowering committees to work these problems that continue to face struction. Some of the testimony even together.’’ That is from a former our country. We have done it before, suggested those weapons could threat- Democratic majority leader in the Sen- and we can do it again, as long as we en our allies, our friends, and even the ate, Tom Daschle. He is exactly right. have a willing partner. United States of America. The Senate is working again, we are The Senate passed the bipartisan It was in that context that a decision moving in the right direction, and we Keystone XL Pipeline jobs bill. Then was made to invade Iraq, but first the are just getting started. I am hopeful President Obama vetoed it. decision had to come through Congress. that we can continue to work together We passed an appropriations bill out The American people had their chance to find solutions on more issues that of committee that funded the Depart- through their elected representatives matter to the American people. ment of Defense at the levels the Presi- in the Senate and the House to make There is still a lot of work to be dent requested, and the Democrats that decision. done, specifically related to our econ- here in the Senate have blocked those The public sentiment behind the war omy. People want a healthy economy. funds for our troops. In fact, Demo- in Iraq was overwhelmingly positive as But there is still far too much redtape crats are blocking all of the appropria- we voted. The belief was that we had to and regulation coming out of Wash- tions bills, including ones that passed stop Saddam Hussein before there was ington, and it continues to strangle our out of the committee with bipartisan another attack on the United States economy. support. like 9/11. Sentiments ran very high. New numbers came out last week The American people want their The rhetoric was heated. about the slow pace of economic elected representatives in the Senate I remember that night. I remember growth over the first half of the year. to deal with these issues. The Amer- there were two of my colleagues on the One of the headlines came out last Fri- ican people want to see us get past the floor after everyone had gone home. day about the slow pace and it said: gridlock once more—as we have al- One was Kent Conrad, the Senator ‘‘Worst Expansion Since World War II ready done so many times this year. from North Dakota, and the other was Gets Even Worse.’’ ‘‘Worst Expansion The American people want us to tear Paul Wellstone, the Senator from Min- Since World War II Gets Even Worse.’’ down the barriers to stronger economic nesota. Now, 23 of us had voted no on The article says: ‘‘The economy ex- growth so they can get back to work, authorizing the war in Iraq. It included panded at a 2.3 percent annual rate in they can earn a decent wage, and they the three of us who remained. the second quarter [of the year], once can take care of their families. I was up for reelection, as was Sen- again falling short of projections for a This Senate has accomplished a lot ator Wellstone. I went to Paul decisive rebound and raising concerns in the first half of the year. I believe Wellstone in the well of the Senate and that the six-year old expansion will we can do even more in the second half I said: Paul, I hope that vote doesn’t never pick up steam’’—will never pick of the year. That is the commitment cost you the election in a few weeks. up steam, ever. So the recovery from Republicans made to the American Paul Wellstone said to me: It is all the last recession has been far weaker people, and we are keeping that com- right if it does. This is who I am and than recoveries from other recessions mitment. this is what I believe, and the people of under Presidents Reagan and Clinton. I yield the floor. Minnesota expect nothing less. One reason is that the Obama admin- I suggest the absence of a quorum. The story unfolds. In the ensuing istration has tied the hands of those The PRESIDING OFFICER. The weeks Paul Wellstone died in a plane who hire others. It makes it much clerk will call the roll. crash before the election took place, harder to get our economy going again. The legislative clerk proceeded to but I still remember that moment, and Hard-working families are still strug- call the roll. I remember what I considered to be an gling because their wages are not grow- Mr. DURBIN. Mr. President, I ask act of conscience by my friend and col- ing. unanimous consent that the order for league from Minnesota. That is what another set of govern- the quorum call be rescinded. I thought about the thousands of ment numbers said on Friday. Accord- The PRESIDING OFFICER. Without votes that I have cast in the House and ing to the Bureau of Labor Statistics, objection, it is so ordered. the Senate, and only a handful are still employment costs had their worst Mr. DURBIN. I ask unanimous con- right there in front of me. They include gains ever in the second quarter of the sent to speak as in morning business. the votes that you cast that relate to year. The PRESIDING OFFICER. Without war. You know if you vote to go to war What does the White House plan to objection, it is so ordered. even under the right circumstances, in- do about it? What is President Obama’s NUCLEAR AGREEMENT WITH IRAN nocent people will die. Americans will plan for ‘‘Worst Expansion Since World Mr. DURBIN. Mr. President, I have die. There is no more serious or grave War II Gets Even Worse’’? What does had the honor of serving in the Senate responsibility than to take those ques- the President want to do about it? now for three terms, and I’m in my tions of foreign policy as seriously as Well, on Monday President Obama and fourth term. I have been on the Senate or more seriously than virtually any the administration announced its so- floor a major part of my public life and other issue. called—so-called—Clean Power Plan, witnessed a lot of things that have oc- Fast forward to where we are today. and it is going to mandate massive new curred here. I remember quite a few of We will leave this week and be gone for redtape and job-crushing regulations. them, but the one that sticks in my 4 or 5 weeks and return in September. It is a national energy tax. memory goes back to 2002. It was the The first item of business will be the More Americans will lose their jobs, end of September or the beginning of Iran agreement. I view this vote on the and more hard-working families across October—I will get the exact date—and Iran agreement in the same class as the country will be hit with higher there was a critical debate taking the vote on the war in Iraq. It is a electric bills. Congress can stop this place on the floor of the Senate that question, a serious foreign policy ques- costly and destructive regulation from went late into the night. The final vote tion, about whether Iran will be taking effect, and that is where we are happened around midnight. The ques- stopped from developing a nuclear headed. tion was whether the United States weapon. We have added into this con- The way to do it is by passing a bi- should be authorized to invade Iraq. versation the decision of Congress as to partisan piece of legislation called the I remember that debate because we whether they approve the President’s Affordable Reliable Electricity Now were still reeling from the tragedy of 9/ treaty. That doesn’t often happen, but Act. 11. We were still determined to keep it will in this case. The American people have seen that America safe. We worried about our We have to look at the possibility Congress is capable of coming together vulnerabilities and our strengths. The that Congress will reject the Iran trea- to take on important issues, and this is George W. Bush administration, after ty. Even if the President vetoes it, certainly one. several months of preparing for this de- there is still a question as to whether

VerDate Sep 11 2014 05:50 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\CR\FM\G05AU6.012 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE August 5, 2015 CONGRESSIONAL RECORD — SENATE S6335 Congress would override that veto. We Germany, France, and the United sure it is for all of my colleagues. I have to ask ourselves: What happens if States were all together negotiating, hope there will be the courage to try this Iran agreement comes to an end? trying to bring at least some modicum diplomacy before we turn to war. Military action—some form of military of peace to the Middle East. Some of I yield the floor. action. the statements that were made were The PRESIDING OFFICER. The Sen- One of the Senators on the other side compelling. ator from Oklahoma. of the aisle assured us 4 days—we will A gentleman from the German side Mr. LANKFORD. Mr. President, in take care of the Iranian nuclear prob- said: I won’t go into the history of Ger- the days ahead, we are facing one of lem in 4 days. He wasn’t here when we many—you know it well—but I will tell the most consequential issues we will were told the war in Iraq would last 2 you we are more committed to the sur- face as a nation—this issue of an agree- weeks. So 4,844 American lives later, vival of Israel than any nation in Eu- ment with Iran. Some people want to with tens of thousands injured, and rope. make this into a partisan conversation. trillions of dollars spent, that war Any student of history knows exactly It is not a partisan conversation. It is ended with a result that none of us what he was speaking of. Now we have a national security issue, and it is a really view as a success for American an opportunity to turn to diplomacy to world security issue. foreign policy. Now we face that same avoid the military and avoid war. And The Senate has already held multiple question. Those who would reject the what do we find? In April of this year, hearings on Iran and on this particular Iranian agreement have a responsi- 47 Senators on the other side of the agreement with the Intelligence Com- bility to come to this floor and explain aisle sent a letter to the Ayatollah in mittee I sit on, the Armed Services what happens next. Iran, the Supreme Leader of Iran, and Committee, and the Foreign Relations Yesterday we called a meeting. I said: Do not negotiate with President Committee. I personally met with Sec- asked the Ambassadors from the five Obama and the United States. What- retary of Treasury Jack Lew, Sec- nations that joined us in the negotia- ever you think you have agreed to is retary of Energy Ernest Moniz, and tions with Iran to come meet with subject to congressional approval, and Secretary of State John Kerry. I have Members of the Senate on the Demo- don’t expect the next President of the been through the agreement and the cratic side. We had the Ambassador United States to abide by any agree- classified portion of this agreement in from Russia, the Ambassador from ment. every detail. China, the Ambassador from the Forty-seven Senators from the other I wish I could also go through the United Kingdom, and the Deputies side of the aisle signed that letter. IAEA information about how the in- Chief of Mission from Germany and What would have happened if 47 Demo- spections will actually occur because France. About 30 Democratic Senators cratic Senators had sent a letter to the agreement itself gives broad state- gathered to ask questions in a com- Saddam Hussein before the invasion of ments. The IAEA agreement will be the pletely off-the-record, informal atmos- Iraq and said the same thing: Don’t ne- narrow, practical version of how they phere. gotiate with President Bush. Don’t will actually do inspections. I have The first question asked was, what even think that you can avoid a war. been told over and over again by the happens if Congress rejects this Iranian I think they would have had us up on administration and by officials that agreement? What happens the next charges. At least Vice President Che- the United States will not have a role day? What is the next step? They said ney would have. But in April, before in determining how the inspections the notion that we will sit back down the agreement was even announced on will be done and that they will not at the table with the Iranians, in the the other side of the aisle, 47 Senators even see the methods of how we will do words of one of these Ambassadors, is said: Don’t waste your time negoti- inspections before they actually begin. far-fetched. ating. I think they are wrong. They told me they have been orally We have spent 35 years bringing Iran I think we ought to go back to the briefed on the process, but they have to this table. These nations joined us words of John Kennedy. John Kennedy not actually seen it, which means since in an effort to try to stop Iranians said: We should never negotiate out of they haven’t seen it, I can’t see it. It from developing a nuclear weapon. fear, but we should never fear to nego- seems odd to me that the final aspect These nations are satisfied that what tiate. of the agreement that actually gives we have put together is an agreement Leaders in our country—Republican the greatest detail of how the inspec- that is verifiable with inspections. Presidents—have stepped up to that ne- tions will occur none of us can actually When I think back to Ronald Reagan, gotiating table with a flurry of criti- see. It is difficult to have this ‘‘trust, I didn’t agree with him on a lot of cism that they would even sit down but verify’’ attitude when we were not things, but I sure agreed with what he with these enemies of the United given the ability to verify how they are said when it came to these agreements, States and try to find a more peaceful verifying it and to see how much trust ‘‘trust, but verify.’’ There is verifica- world. Ronald Reagan sat down with is actually being given in this process. tion in this agreement. The IAEA, Gorbachev looking for containment of The White House has told us over and which is the United Nations group that nuclear weapons. It was Richard Nixon, over again that if you don’t like this inspects atomic facilities around the another Republican President, who sat deal, there are two options—it is either world, is tasked with inspecting and re- down with the Chinese to open rela- war or provide a better solution. I am porting and continuing to investigate tions with them while the Chinese were telling everyone: Let’s slow down. Iran throughout the life of this agree- supplying and fortifying the North Vi- Let’s look at both of those things, and ment. etnamese fighting American forces. De- let’s also back up and see where we are. Can we trust them? Well, just as a spite that criticism, they had the cour- For years the United States and the historic reminder, it was the IAEA age to sit down and look for a diplo- United Nations said that Iran should that said to the United States: There matic way to find a more peaceful not enrich uranium. In fact, there are are no weapons of mass destruction world, and that is what we face today. six U.N. resolutions saying that Iran that we can find in Iraq. This Iran agreement is our oppor- should not enrich uranium. Why? Be- We ignored them. We invaded. We tunity to test diplomacy, and I invite cause Iran is the single largest state paid a heavy price for it. It turns out Israel, our friends and allies in Israel, sponsor of terrorism in the world. Iran they were right. Some of our leaders to join us in holding Iran to the letter has propped up the Assad regime in were just plain wrong. The agency has of the law in this agreement. Join us in Syria. They are paying the soldiers to credibility, it has a track record, and it reviewing these inspections. Join us in walk side by side and to fight with is authorized under this agreement to calling for the availability of these fa- Assad right now and hold up that Syr- move forward. cilities so we know exactly what is ian Government. Iran is paying for and What struck me, as I looked at those going on with Iran from this point for- propping up the coup that is in Yemen Ambassadors sitting across the table ward. Let’s join together in a force to right now on Saudi Arabia’s southern from 30 Members of the Senate yester- make this a more peaceful world. I border. They are still chanting in the day, was how historic this moment is. think this is our chance. I know this is streets ‘‘Death to America,’’ and they China, Russia, the United Kingdom, a vote of conscience for me, and I am are actively pursuing larger and larger

VerDate Sep 11 2014 05:50 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\CR\FM\G05AU6.014 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE S6336 CONGRESSIONAL RECORD — SENATE August 5, 2015 weapons. I think there is a reason to year or two, but in the end nothing will only says we have to get all things take this seriously. change and Iran will come back to the from right now forward, that we don’t Now, back to the statement by the table and negotiate a better deal that have to have the documents previous. White House. They have said: If you will be to our advantage. And if we do, Iran will actually pick don’t agree with this agreement, then I will run that by again. He said he the documents that we will see pre- it is either war or you come up with a thought if Congress votes this down, we vious in their nuclear practice. better option. will get a better deal. That means two So now we have to find a location I will briefly touch on those two things: He believes, again, that Iran with no previous documents, with no issues. I think in many ways this will come back to the table on this, way to be able to really see what re- agreement actually pushes us faster to and he also believes there is a better search they have done and how far ad- a process towards war. Why would I say deal out there, and that this is not the vanced they are. We are looking for dif- that? Because the conventional weap- best deal we can get. ferent things, if there are different ons ban is lifted under this agreement, After going through the agreement, I stages of their research and develop- and Iran can freely purchase weapons have very serious concerns about it. I ment on a nuclear weapon. To say in from around the world that have been am concerned there are loopholes in the agreement we are not going to have banned by a U.N. treaty, and that is this agreement that are big enough to to get all the previous research they now lifted under this agreement. drive a truck through. Specifically, have done in the past is an enormous To pacify the Gulf States and Israel, this truck is the truck that is big loophole and it is a definite detriment the administration immediately went enough to drive it through. to what we are doing in our own dis- to the Gulf States and said: We under- I will go through some of my con- covery. stand the conventional weapons ban is cerns. This agreement assumes that Iran has to dramatically decrease the being lifted there, so we are going to the intelligence community can iden- number of centrifuges that are spin- provide you greater technology and tify locations in a country the size of ning and cascading to enrich uranium. weapons, and we are going to provide Texas—all the locations—for a possible That is true, and I am glad for that. you greater access to weapons and help inspection, notify the IAEA which They have to pull out what is a known to be able to get those weapons. places they should go, and that we stockpile and reduce it. I am glad of So help me understand why encour- would be able to contact Iran and get that, and that is a positive thing. But aging the Middle East to start dialing permission from them to visit those Iran can continue to enrich uranium up with more and more weapons on sites, which takes approximately 1 with 5,000 cascading centrifuges, just in both sides of this doesn’t actually push month—I will go into greater detail on smaller amounts and using their older us towards war even faster? that—and that we will actually access centrifuges. Again, that sounds like a Then there is this statement about those sites and find the information we win. But there is no reason, if they providing a better solution, as if this is want there. have peaceful purposes for uranium, to the only option that is sitting out The IAEA is reporting that they can keep 5,000 centrifuges spinning—if they there. Well, the agreement itself was actually only track for uranium. So all are only doing it for peaceful purposes. written in such a way that the U.N. of the other research that goes into Iran can continue testing their ad- would approve this first, the European building a nuclear weapon, they vanced centrifuges in small cascades— Union would approve it second, and couldn’t actually track that after 24 their IR–6s, their IR–8s. then the U.S. Congress would get it days, but if there was uranium there, Iran can continue doing research and third. That was intentionally done to they feel confident they could actually development on their most advanced try to add pressure to this Congress to track that. So basically, if we are in form of centrifuges. Worst of all, they say: You can’t turn away from this. the final stages of their assembling can keep over 1,000 of their most ad- The rest of the world has signed on to something, and we catch them and we vanced centrifuges still in a cascade in it, so you can’t turn away from it. are able to get permission to get in their most heavily fortified facility. This Congress should not process there, we could get to it. Not to men- They just have to promise they won’t things under fear, and this Congress tion the fact that the Iranian leaders put uranium in there. But they can should not process things by saying: have said over and over again since the continue to do testing and development You are the last in line so you better agreement was signed that there is no so when that time comes, they will be sign up to where the rest of the world way that the IAEA will get access to ready to accelerate uranium faster. So, is. military sites in Iran. That is a loop- basically, they can do everything in We have to look at this because we hole big enough to drive this truck the process, except include uranium at are directly affected by this issue. Re- through. that point. member, Iran has said over and over The IAEA has to give 24 hours’ notice We are allowing them time to in- again that the United States is the of its intent to inspect, and then Iran crease their research, with 1,000 cen- great Satan in the world. Anyone who has 14 days to let the inspectors in. Of trifuges in their most advanced level. believes that Iran wants to be able to course, they can stall for 10 more days Why would we agree to that? That come alongside us and be a peaceful in the agreement itself. That is 25 days, doesn’t seem to be a pathway to peace- member of the club is not listening to minimum, to hide whatever they are ful purposes. That seems to be a path- what Iran is actually saying, not to working on. That is a lot of time to be way to high-grade uranium and the de- mention this whole theory of, if you able to move computer equipment and velopment within country. don’t sign onto this agreement, there is all sorts of installed things. At the end I have already mentioned that within no better deal. of it, the IAEA would say, we can actu- just a very few years, the conventional Last week Bloomberg reported that ally determine if there were ever ura- weapons ban is lifted in this agree- the French senior diplomat, Jacques nium there even after 25 days, but basi- ment, allowing additional conventional Audibert—the senior diplomatic ad- cally nothing else. weapons to flood into the single largest viser to President Hollande, the indi- We have incredible people who work state sponsor of terrorism in the vidual who led the French diplomatic for us in the intelligence community world—not to mention the fact that team in discussions with Iran in the that most Americans will never see and what is flooding in before all of those P5+1 group, and the one who was in the never meet. There are some amazing, conventional weapons are billions of room—earlier this month directly dis- patriotic Americans, but they can’t see dollars that have been held in sanc- puted Kerry’s claim that a congres- everything and they can’t catch every tions. sional rejection of the Iran deal would needle in the haystack that is in Iran. Now, again, there has been no change result in the worst of all words, the It would help the intelligence commu- on tactics of terrorism. There has been collapse of sanctions, and Iran racing nity, and it would help us in our in- no change of statement from the lead- to a bomb without restrictions. spections, if we had access to the pre- ership of Iran, but they are getting bil- The French senior diplomat actually vious military dimensions for the nu- lions of dollars. Under sanctions, they said: If Congress votes this down, there clear weapons program that Iran has used their money to prop up Yemen to will be saber-rattling and chaos for a had on board. But the agreement itself form a coup there and to prop up Assad

VerDate Sep 11 2014 05:50 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\CR\FM\G05AU6.016 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE August 5, 2015 CONGRESSIONAL RECORD — SENATE S6337 in Syria. What are they going to do the agreement? Why is it there at all? We already know many of the steps with an additional $60 billion, $70 bil- There seems to be a struggle to be able necessary to reduce the likelihood of a lion? to get an agreement more than it is a cyber 9/11, yet many of these actions The administration has said they struggle to say we have to prevent the have not yet been taken in either the desperately need that money so they world’s largest sponsor of terrorism government or the private sector. As can do infrastructure. They are getting from getting a nuclear weapon at any one former official told the 9/11 Com- billions of dollars. No one is going to cost. This is not about slowing their mission last year in preparation for its tell me a major portion of that is not nuclear program. It should be about 10th anniversary report, ‘‘we are at going to be used for terrorism. stopping their nuclear program. September 10th levels in terms of cyber As the administration has said, we This cannot come to our doorstep. preparedness.’’ How many experts have have built in snapback sanctions so This cannot come to the Middle East. to tell us that it is not a matter of if that if Iran violates something, imme- And while the Middle East further we are going to be the subject of a diately we will snap back the sanc- weaponizes to prepare for a more ag- major cyber attack but when? How tions. But if we actually look at the de- gressive Iran, we continue to step up many more serious intrusions do we tails of how those snapback sanctions and say we will help you weaponize, have to have in the private sector with happen, it is months and months in the and I don’t see how that is deterring us banks, major retailers affected or in process of getting everyone back to- from war. the public sector, where we have had gether and forming an agreement that There is a better agreement out the huge and serious OPM breach we are going to do that. And if we snap there, and we should push to get it. We which affects some 21 million Ameri- back sanctions, written into the agree- should take care of the loopholes that cans? How many more of these do we ment it says Iran can then—if we snap are big enough to drive a truck have to have occur before Congress fi- back sanctions—kick out their part of through. We should resolve this issue. nally acts? the agreement as well and consider it a We should not pretend this is a par- Consider the fact that the economic violation of the agreement and walk tisan issue. This is not about Repub- and technological advantages that the away, and now there are no restric- lican versus Democrat. This is about United States enjoys today required tions on them. So, basically, we are the peace. This is about trying to work out decades of research and development ones that are punished if we ever snap the differences—and the differences are and investment of literally billions of back sanctions. If we snap back sanc- strong—with all nations and Iran. Let’s dollars. Yet these competitive edges tions, Iran could say, see, I told you so, work that out together, and let’s keep are eroding because hackers and other and then immediately kick into the pushing until we get this resolved. countries are stealing the intellectual I cannot support this agreement with normal process they were into before. property that gives us our competitive By the way, their advanced centrifuges Iran. With that, I yield the floor. edge in the world. are already spinning. They are still The PRESIDING OFFICER. The Sen- Three years ago, when I stood on the continuing. Nothing was diminished. I ator from Maine. Senate floor with Senator Joe Lieber- haven’t even mentioned that their re- Ms. COLLINS. Mr. President, I rise man to urge the passage of the Cyber search and development can continue today to speak in favor of the Cyberse- Security Act of 2012, which we wrote, I on all of their weapons systems. All of curity Information Sharing Act of 2015. quoted the then-NSA chief, General that is unabated. The only limitation I wish to first recognize the hard Keith Alexander, who said that we are seems to be around enriched uranium, work of Chairman BURR and Vice in the midst of the greatest transfer of but everything else continues the Chairman FEINSTEIN and their leader- wealth in our Nation’s history. Yet this same. ship on this very important legislation. transfer of wealth continues and accel- I was also appalled as I went through As a member of the Senate Intelligence erates. Information sharing remains this agreement and saw the leader of Committee, I am well aware of the fragmented, and the private sector is the Quds Force, General Suleimani, need to strengthen our computer net- still hesitant about sharing and receiv- who personally coordinated the cre- works against our adversaries, whether ing information with government. We ation, distribution, and installation of they be nation-states, such as China, have lost 3 years and endured endless, improvised explosive devices in Iraq de- Russia, and Iran, or terrorist groups or expensive data breaches since the Sen- signed to kill Americans. This leader international criminal gangs or ate refused to stop a filibuster on our personally was engaged in killing hun- hacktivists. cyber bill in 2012. I urge my colleagues: dreds of American soldiers in the war Along with former Senator Joe Lie- Let’s not make the same mistake in Iraq—hundreds. The sanctions on berman, I authored the Intelligence Re- today. that general are lifted so he can have form and Terrorism Prevention Act of Passing the Cybersecurity Informa- normalized relationships worldwide, 2004. This bill implemented many of tion Sharing Act of 2015 would make it and four American hostages remain. the recommendations of the 9/11 Com- easier for public and private sector en- Can someone tell me why for the mur- mission report in the wake of Al tities to share cyber threat vulnerabil- derer-of-Americans general, his sanc- Qaeda’s terrorist attack on our country ity information to stop the theft of tions are lifted, but American citizens that took the lives of nearly 3,000 peo- trade and national security secrets, to still remain hostages in Iran? ple. Many of the reforms enacted in our stop the theft of personally identifiable I have to tell my colleagues, I was law were well-known and recommended information, and to help stop the theft stunned by many things that were in prior—far before—the attacks on our of important information that all of us this agreement and how many loop- country on 9/11, but they simply were hold dear and consider to be private. holes were built into it, but none sur- never implemented, despite the clear The bill would eliminate some of the prised me more than the part of the and present threat posed by Al Qaeda. legal and economic disincentives im- agreement that we made as a country, Today, my concern is that we are re- peding voluntary two-way information apparently, that if Iran is attacked, peating much the same mistake when sharing between private industry and the United States will now come to it comes to the cyber domain. Our Na- government. It is a modest but essen- their defense. Help me understand this. tion has unparalleled strength, but tial first step, especially for businesses, As they continue a nuclear weapons cyber space allows much weaker adver- large and small, trying to protect their program, if a country steps in and at- saries to target our people, our econ- networks and information. tacks them and says no, you can’t do omy, and our military. Just this week, I met with an indi- that, that is a violation and we are Just as modern passenger planes de- vidual whose trade association has going to stop that, the United States is signed in the United States were been compromised, according to the now agreeing to come defend Iran as turned against us and used as weapons FBI. Indeed, back in 2012, when we were they are advancing their nuclear pro- back in September of 2001, so too could debating whether to bring the Lieber- gram? Have we lost our mind? the digital tools designed in the United man-Collins cyber security bill to the Now, the administration, when asked States be turned against us to deal a Senate floor, one of the chief opponents about this, just said it won’t happen. If devastating blow to our economy, our was being hacked at that very time but it won’t happen, why did we put it in national security, and our way of life. did not know it until the FBI went to

VerDate Sep 11 2014 05:50 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\CR\FM\G05AU6.017 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE S6338 CONGRESSIONAL RECORD — SENATE August 5, 2015 that business organization and in- approved last week by the Senate cyber attack could cause catastrophic formed them. homeland security committee. I thank harm. How is ‘‘catastrophic harm’’ de- While this bill promotes sharing be- the chairman, Senator RON JOHNSON, fined? It is defined as causing or having tween the government and the private and the ranking member, Senator TOM the likelihood to cause $50 billion in sector—and that is an important and CARPER, for making those improve- economic damage, 2,500 fatalities, or a essential step—it does little to harden ments in their bill and incorporating severe degradation of our national se- the protection of Federal networks or our bill. We have joined together to file curity. My amendment would just take to guard the critical infrastructure on an amendment to add the committee- that definition and require reporting which we rely every day. Thus, I am in- approved bill to the cyber security leg- from those entities—that would be troducing, with several of my col- islation. mandatory if there were a cyber at- leagues, two amendments to further The primary problem our amendment tack—and no one else. strengthen our Nation’s cyber security would solve is that the Department of Without information about intru- posture. It would be a good first step if Homeland Security has the mandate to sions into our most critical infrastruc- we could just pass this bill as it was re- protect the dot-gov domain, but it only ture, our government’s ability to de- ported by the Intelligence Committee, has limited authority to do so. As I fend our country against advanced per- but I believe also strengthening the ci- said, this approach contrasts sharply sistent threats will suffer in a domain vilian side of the Federal Government with how the National Security Agen- where speed is critical. and our critical infrastructure is essen- cy defends the dot-mil domain, the in- Let me further explain why this tial for us to do the job completely and formation in the military and intel- amendment is necessary. The fact is effectively. ligence agency networks. The Director that 85 percent of our country’s critical I want to make clear that I recognize of the NSA has the responsibility and infrastructure is owned by the private there is no law we could ever write the authority from the Secretary of sector, and we are not nearly as pre- that is going to prevent every cyber at- Defense to monitor all DOD networks pared as we should be for a cyber at- tack. That is not possible. But there and to deploy countermeasures on tack that could cause deaths, destruc- are effective actions we can and should those networks. If the Director finds tion, and devastation. A recent study take that would lessen the chances of that there is an insecure computer sys- by the University of Cambridge and these attacks occurring and that would tem and wants to take it off the net- Lloyds Insurance found that a major decrease the opportunities for these in- work, he has the authority to do so. cyber attack on the U.S. electric grid trusions. So we must act. It is incum- Although the Secretary of Homeland could result in a blackout in 15 States bent upon us. Security is tasked with a similar re- and Washington, DC, that could cause For the millions of current, former, sponsibility to protect Federal civilian more than $1 trillion in economic im- and retired Federal employees whose networks, he has far less authority to pact and $71 billion in insurance personal data was stolen from the poor- accomplish this task. Yet—think about claims. ly secured databases at the Office of it—Federal civilian agencies, such as Under my amendment, the owners Personnel Management, the threat OPM, the Internal Revenue Service, and operators of our country’s most posed by adversaries to inadequately the Social Security Administration, critical infrastructure would be re- protected Federal networks is all too and Medicare, are the repositories of quired to report significant cyber in- real. As the FBI Director testified be- vast quantities of very sensitive per- trusions, similar to the manner in fore the Intelligence Committee in sonal data of Americans that must be which incidents of communicable dis- open session last month, this breach is better protected. We have that obliga- eases must be reported to public health a ‘‘huge deal’’ and represents a treas- tion. Our bill would help ensure that authorities and the Centers for Disease ure trove of information for potential occurs. Control and Prevention. Think about adversaries. But this cyber hack also Our amendment would harden Fed- the ironic situation we have. Does it points to a broader problem—the glar- eral computer networks from cyber make sense that we require a single ing gaps in the process for protecting threats. I urge my colleagues to sup- case of measles to be reported to the sensitive information stored in Federal port the Johnson-Carper-Collins-War- Federal Government but not an intru- civilian agency networks. ner amendment. sion into the industrial controls con- To respond, 2 weeks ago I introduced I have also filed a second amendment trolling a piece of critical infrastruc- bipartisan legislation with Senators aimed at protecting our country’s most ture that if it were attacked success- WARNER, MIKULSKI, COATS, AYOTTE, and vital critical infrastructure from cyber fully could result in the deaths of 2,500 MCCASKILL that would strengthen the attacks. For 99 percent of private sec- people? security of the networks of Federal ci- tor entities, the voluntary information The threats to our critical infra- vilian agencies. Most importantly, our sharing framework established in this structure are not hypothetical; they legislation would grant the Depart- cyber legislation will be sufficient, and are already occurring in increasing fre- ment of Homeland Security the author- the decision to share cyber threat in- quency and severity. ADM Mike Rog- ity to issue binding operational direc- formation should be left up to them. It ers, the Director of NSA, has described tives to Federal agencies to respond in should be voluntary. the cyber threat posed against critical the face of a substantial or imminent A second tier of reporting is nec- infrastructure this way: ‘‘We have . . . threat to Federal networks to ensure essary to protect the critical infra- observed intrusions into industrial con- that immediate action is taken. structure that affects the safety, trol systems. . . . What concerns us is Think of all those IG reports that health, and economic well-being of that . . . this capability could be used OPM leaders completely ignored. They every American. My amendment would by nation-states, groups or individuals go back to 2008. Last fall the IG issued create a second tier of reporting to the to take down the capability of the con- a report which sounded a warning government that would be mandatory trol systems.’’ which was so serious that he rec- but only for critical infrastructure Multiple natural gas pipeline compa- ommended that certain networks be where a cyber intrusion could reason- nies were the targets of a sophisticated taken down until they were better pro- ably be expected to result in cata- cyber intrusion campaign beginning in tected. But OPM officials largely ig- strophic regional or national threats December of 2011, and our banks have nored those warnings, those calls for on public health or safety, economic been under cyber attacks repeatedly, action. That is why we need to em- security, or national security. most likely from Iran during the past 2 power the Department of Homeland Se- The Department of Homeland Secu- years. curity in a situation like that to act, rity has already identified fewer than By implementing this tiered report- just as NSA acts to protect the dot-mil 65 entities—that is all we are talking ing system for our country’s critical domain, the military and intelligence about—out of all the hundreds of thou- infrastructure at greatest risk of a dev- agencies in the Federal Government. sands of businesses and private sector astating cyber attack, our government I am pleased to report that all of the entities in the United States, they can develop and deploy counter- key elements of our bill were incor- have identified 65 entities where dam- measures to protect its own networks porated into legislation unanimously age caused by a substantial but single as well as the information systems of

VerDate Sep 11 2014 05:50 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\CR\FM\G05AU6.019 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE August 5, 2015 CONGRESSIONAL RECORD — SENATE S6339 other critical infrastructure and help I suggest the absence of a quorum. and as a correctional officer with the these critical infrastructure owners The PRESIDING OFFICER (Mr. State of South Dakota. and operators to better safeguard their SASSE). The clerk will call the roll. Dave will also be remembered person- systems from further attacks. The senior assistant legislative clerk ally as a dad, a husband, and a selfless Simply put, the current threat is too proceeded to call the roll. public servant who longed to help oth- great and the existing vulnerability Ms. COLLINS. Mr. President, I ask ers. Dave leaves behind his wife Erin too widespread for us to depend solely unanimous consent that the order for and their two children Tyler and Ava on voluntary measures to protect the the quorum call be rescinded. of Rapid City. To them, I offer my critical infrastructure on which our The PRESIDING OFFICER. Without deepest sympathy. country and citizens depend. objection, it is so ordered. While we cannot take away the hurt, Again, I want to emphasize, 99 per- Ms. COLLINS. Mr. President, for the please know we will never forget the cent of private sector entities would information of my colleagues, I just sacrifice Dave made, and we will not just have a voluntary system. I am wanted to list the cosponsors of the forget the sacrifice that you as his talking about fewer than 65 entities amendment that I described having to family have made. Not everyone is that operate critical infrastructure do with critical infrastructure. I listed willing to put their life on the line to that the Department of Homeland Se- the cosponsors of the amendment that protect us, but Dave did just exactly curity has identified as at risk and has deals with protecting civilian agencies that. He put others before himself. described that the consequences would but neglected to do so on the other. It Dave is a true hero. be either $50 billion in economic dam- is a bipartisan amendment. It is co- We ask the Good Lord to bless the age, 2,500 deaths or a severe degrada- sponsored by three other members of Ruhl family and their friends during tion of our national security. the Intelligence Committee: Senator this difficult time and we ask all Surely, if we have a cyber attack of WARNER, Senator COATS, and Senator Americans to keep the Ruhl family in that severity, we want to know about HIRONO. their thoughts and in their prayers. it. We will need to act. Our laws have I just wanted that to be clear. I think I yield the floor. I suggest the absence of a quorum. simply not kept pace with the digital it is significant that those members of the Intelligence Community do believe The PRESIDING OFFICER. The revolution. We must not wait any clerk will call the roll. we need to go further in this arena. longer to make these reforms or be The senior assistant legislative clerk I yield the floor. lulled into the mistaken belief that proceeded to call the roll. The PRESIDING OFFICER. The Sen- small incremental steps will be enough Mr. MURPHY. Mr. President, I ask to stay ahead of our adversaries in ator from South Dakota. unanimous consent that the order for cyber space or, worse yet, that we take REMEMBERING DAVID ‘‘DAVE’’ RUHL the quorum call be rescinded. no action, that we allow a filibuster Mr. ROUNDS. Mr. President, I rise to The PRESIDING OFFICER. Without against even a modest bill to help us be honor a fallen hero, David or ‘‘Dave’’ objection, it is so ordered. more secure. Ruhl of Rapid City, SD. Dave was an NUCLEAR AGREEMENT WITH IRAN By adopting the underlying legisla- engine captain on the Mystic Ranger Mr. MURPHY. Mr. President, one tion, plus the two amendments my col- District of the Black Hills National thing we all agree on is that Iran can- leagues and I have offered, we can Forest near Rapid City. Since June 14, not obtain a nuclear weapon. That has begin the long overdue work of secur- Dave had been serving our country on a been the foundation of American pol- ing cyber space. In doing so, we will be temporary assignment as the assistant icy. For a long time, it has been at the securing our economic and national se- fire management officer on the Big root of these negotiations. That has curity for the next generation. Valley Ranger District on the Modoc been our guidepost as a body. It cer- I was in the Senate on that terrible National Forest near Adin, CA. tainly has been my guiding principle as day in September of 2001, on 9/11/2001, Dave had been bravely and selflessly I review the course of these negotia- when our Nation was attacked. I was fighting the Frog Fire near Alturas, tions and the agreement that is now assigned the responsibility, along with CA, along with many other firefighters before us. That is because we know Joe Lieberman and the other members who were risking their lives to protect what a nuclear-armed Iran would mean of what was then the Governmental Af- the people and communities near that for U.S. security, for Israeli security, fairs Committee, to look at whether fire incident. Friends say he took this and for regional security. Not only that attack could have been prevented voluntary assignment to learn more would it make their provocations in if the dots had been connected. The 9/11 about firefighting and improve his the region even more dangerous by giv- Commission’s conclusion was that skills because he was so passionate ing them a nuclear cover of protection, most likely it could have been. about his profession. but it would also lead to a nuclear I don’t want to be here after a mas- Tragically, the team lost contact arms race in the region. sive cyber attack that has resulted in with Dave on Thursday evening, July That doesn’t mean Iran’s unaccept- the deaths of thousands of our fellow 30. Search and rescue teams worked able conduct begins and ends with its Americans, severe economic damage or diligently to locate Dave with the hope pursuit of a nuclear weapons program. a terrible degradation of our national that he would be found safe. Sadly, This is one of the largest state spon- security and ask the question: Why did Dave did not survive. sors of terrorism in the world. This is a we not act? I am not saying any law An investigation will reveal details country that has called for the obliter- can prevent every attack. Clearly, that about this very unfortunate and tragic ation of the Jewish State still to this is not the case. Our adversaries are in- loss of life, and there will be a learning day, chants for ‘‘Death to America,’’ a finitely creative, and they will keep which comes from this. His death is a country that denies basic human rights probing our computer systems, our great loss to the State of South Da- and political liberties to its own citi- cyber networks, but surely we ought to kota, and his legacy and heroism will zens, and executes and imprisons thou- be doing everything we can to make it not be forgotten. Dave will be memori- sands upon thousands of people who far more difficult for any of these at- alized forever on the South Dakota disagree with the regime. tacks to be successful, surely we ought Firefighter Memorial in Pierre, his But this agreement and these nego- to pass the bill reported with only one name etched in history for all to honor. tiations from the beginning have been dissenting vote by the Intelligence Professionally, Dave will be remem- about the nuclear issue. It has not at- Committee, and surely we ought to bered as a passionate, knowledgeable, tempted to resolve all of these other strengthen the protection of our crit- and well-trained firefighter. That is ac- very dangerous and malevolent behav- ical infrastructure and our Federal ci- cording to his colleagues who admired iors that Iran engages in, in the region. vilian agencies. him and respected him. His commit- We are focused on the nuclear issue be- We need to make sure we are doing ment to helping others was evident cause we frankly believe we are more everything we responsibly can do to throughout his life. Dave began his likely to deal with this other activity lessen the possibilities of a cyber 9/11. I Forest Service career in 2001 as a sea- if we remove the question of a poten- urge my colleagues to proceed to con- sonal forestry technician. Prior to tial nuclear weapons arsenal cover sider this important bill. that, he served in the U.S. Coast Guard from the equation.

VerDate Sep 11 2014 05:50 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\CR\FM\G05AU6.020 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE S6340 CONGRESSIONAL RECORD — SENATE August 5, 2015 So the test for this agreement is sim- Finally, I wish to spend a few min- ners in this military action if we stuck ple: Is Iran less likely to obtain a nu- utes talking about this juxtaposition together on this agreement. clear weapon with this deal than with- that the President has created that I I won’t say war isn’t an option, but I out it? Because I answer yes to this know has caused some in this Chamber know it is more likely to be successful question—because I believe they are to blanch—the idea that this is a and effective in the context of this less likely to get a nuclear weapon choice between this agreement or going agreement than without it. And I cer- with this agreement than without it— to war. I understand that feels and tainly would challenge anyone—Sen- I am going to support the agreement sounds very unfair because no one who ator COTTON and others—who try to when it comes before the Senate for a votes against this agreement believes simplify the effects of a military strike vote this September. they are voting to go to war. I want to or suggest that it is the immediate al- That doesn’t mean there aren’t parts make the case it is not as unfair as ternative to this agreement. of this agreement that I find distaste- some may think it is because if there is In 1993, Yitzhak Rabin said, when ful. I would have preferred for the dura- no deal, if there is no ability to stop talking about Israel’s decision to rec- tion of the agreement to be longer than Iran from getting a nuclear weapon ognize the PLO, that ‘‘you don’t make the 10 to 15 years of many of its compo- through a negotiation, and if we accept peace with your friends, you make it nents. I would have preferred to see the premise that we are not going to with very unsavory enemies.’’ Diplo- fewer conditions on the inspections and stand still, do nothing, and take a macy is never easy, and the results of on our access to contested sites. I wait-and-see approach if they were to diplomacy are never pretty. would like for Congress’s ability to im- move closer to a bomb, then the only This isn’t peace with Iran. We still reserve the right to fight them tooth pose new sanctions on nonnuclear ac- option is the military option. And I and nail on their support for terrorism, tivity of Iran to be clearer and less frankly think it is time we start tak- on their denial of the right of Israel to clouded as part of this agreement. ing seriously the rhetoric we are hear- That being said, I think we achieved exist, and their miserable human ing from some Members of this body. our objectives. Our negotiators rights record. But the question still re- Senator COTTON said this week that we achieved their objectives that they set mains: Is the world better off with this could bomb Iran back to day zero if we out at the beginning. We have length- agreement or is the world better off if took a military route to divorcing Iran ened the breakout time from 2 to 3 this agreement falls apart at the hands from a nuclear weapon. months to now over a year. We have re- of the Congress and we are right back Let us get back to reality for a sec- duced by 95 percent the amount of to square one? ond about what a military strike would stored nuclear material that is housed I believe Iran is less likely to become mean. You can set back Iran’s nuclear within Iran’s borders. We get an inspec- a nuclear weapons state with this program for a series of years, but you tion regime which is absolutely unprec- agreement than without it, and I am cannot bomb Iran back to day zero un- edented. No other country has been going to support it. less you are also prepared to assas- subject to this kind of an inspection re- I yield the floor. gime, not just as a declared site, not sinate everyone in Iran who has The PRESIDING OFFICER (Mr. just the ability to get to undeclared worked on the nuclear program. Why? PERDUE). The Senator from Iowa. Because you can’t destruct knowledge. sites but a view of the entire supply WHISTLEBLOWERS chain that backs up their nuclear pro- You can’t remove entirely from that Mr. GRASSLEY. Mr. President, I gram. country the set of facts that got them come to the floor, as I often do, to There is an ability to snap back sanc- within 2 to 3 months of a nuclear weap- speak about the efforts of whistle- tions should they cheat, an ability that on. blowers. Many of you know my belief is not conditioned on the support of So I know Members bristle at this in and my respect for those patriotic countries such as Russia and China, notion the President is suggesting that people—men and women who, often at and then an international consensus it is a choice between an agreement or great cost to their own careers and per- that undergirds this entire agreement. war, but there are Members of this sonal well-being, raise their voices To me, this isn’t a referendum on the body who are openly cheerleading for when they see things happening they agreement, the decision we are going military engagement with Iran, who know are wrong, usually against the to make in the Senate; it is a choice. It are oversimplifying the effect of mili- law or the misuse of taxpayer money. is a choice between one set of con- tary action, who are blind to the re- So it was with great joy that I partici- sequences that flow from supporting ality of U.S. military activity in that pated just last Thursday with about the agreement and then another set of region over the course of the last 10 to two dozen whistleblowers and hundreds consequences that flow from a congres- 15 years. This belief in the omnipotent of their families, friends, and sup- sional rejection of the agreement. unfailing power of the U.S. military is porters in the first annual congres- The set of consequences that occur if not based in reality. sional celebration of National Whistle- Congress rejects this agreement are We could set back a nuclear program blowers Day. pretty catastrophic. I would argue it for a series of years, but the con- In my remarks to that group, I said would result in a big win for Iranians. sequences to the region would be cata- that agency leadership needs to follow What would happen? First, the sanc- strophic. So I get that people don’t like the example my colleagues and I set tions would fray, at best; at worst, the choice the President presents, but with the Whistleblower Protection they would fall apart. Iran would re- at some point we have to take Senator Caucus. They need to send a strong sig- sume their nuclear program. Maybe COTTON and his allies seriously when nal that whistleblowers are valued and they wouldn’t rush to a bomb, but they they continue to make a case for war that retaliation will not be tolerated. would get closer. Inspectors would be and oversimplify the effects of a mili- After all, the need to protect whistle- kicked out of the country so we lose tary strike. blowers is not new and it is not going eyes on what Iran is doing. But let us be honest. This is all just away. For those who believe we should just a political agreement we are talking In the midst of the whistleblowers come back to the table and get a better about here today. So we do have to re- appreciation day celebration, I re- deal, you have a very high bar to serve the possibility that if all else ceived yet another harsh reminder that argue. You have to make a case that fails and there is no other way to stop retaliation is alive and well in the ex- there are going to be a set of condi- Iran from getting a nuclear weapon, we ecutive branch’s bureaucracies. At the tions that will cause Iran to come back may have to take military action. very time several of my colleagues and to the table and agree to something None of us have taken that wholly off I shared our appreciation for whistle- different, more strenuous, and more the table. But a military strike, if it is blowers, U.S. Marshals Service whistle- rigorous than they did today. How does necessary, is made more effective if blowers told me the hunt was on for that happen if the sanctions are weak- this deal is in place. folks in that agency who disclosed er and their nuclear program is strong- We will have more international le- wrongdoing to my office. er? It doesn’t. So this idea that you can gitimacy if we try diplomacy first and How ironic, as we recognized the get a better deal to me appears to be Iran rushes to the bomb in the context bravery and the benefits of whistle- pure fantasy. of this deal. We would have more part- blowers in the past, a new set of

VerDate Sep 11 2014 05:50 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\CR\FM\G05AU6.025 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE August 5, 2015 CONGRESSIONAL RECORD — SENATE S6341 truthtellers were facing harsh con- told me that internal affairs does what- piled highly enriched uranium. As we sequences that all too often come with ever it can to charge employees with evaluate the proposed nuclear accord their brave action in exposing wrong- misconduct, regardless of what the evi- with Iran, it is important to compare doing. dence actually says. So I thought the what we have achieved with our allies Agencies use many pretexts to hunt, Justice Department would understand against this reality. to punish, and to intimidate whistle- why I have concerns about this inves- I firmly believe that as we work to blowers. So what is the pretext the tigation and about the way the mar- ensure that Iran is never able to de- Marshals Service is using? I am told shals are apparently handling it. velop nuclear weapons, facts, data, and the Marshals Service has launched an Remarkably, the Justice Department details actually matter far more than internal affairs investigation to find has told me that is all none of my busi- the rhetoric you hear here in Wash- what they describe as a leak to the ness, and, of course, I strongly dis- ington, DC. Perhaps it is just the engi- media and what harm a leak to the agree. When you hear these sorts of neer in me, but when the accord be- media does. things once or twice, there is a bit of a came public, I sat down that morning Well, this is a dubious claim. For problem. When you hear them more and I started highlighting numbers. one, news stories about the problems at than 60 times, coming directly to my People in Washington are amazingly the Marshals Service are not new. Sec- office in less than 5 months, you start adept at arguing that up is down and ond, there are many stories in several to understand there is a pattern out that right is left. But numbers and different magazines and newspapers there. data are a little harder to bend to our that strongly suggest there are many From where I sit, it seems to me the rhetorical will. sources of those news leaks. best thing for the agency to do is to get Let’s start with this most important Finally, I understand the Marshals some outside input into this so-called and critical data point: Without a deal, Service internal affairs has allegedly investigation. The Department should Iran has enough nuclear material seized the personal property of at least be willing to work with me, other stockpiled that they could acquire one of its so-called targets. I also un- Members of Congress, the inspector enough highly enriched material for a derstand this personal property con- general, and the Office of Special Coun- bomb in 2 to 3 months. That is what tains privileged communications with sel to ensure that whistleblower rights you hear talked about on the news as the target’s attorneys and protected are fully protected as the law intends. breakout time. Today Iran’s breakout disclosures to Members of Congress. But officials won’t even sit down and time is 2 to 3 months. They have I wish to note some things for leaders talk to us about it. enough material that were they to at the Marshals Service and at any move forward, they could break out in Senator LEAHY and I sent a joint let- Federal agency. First, protection for ter to the Attorney General last Friday just a matter of months. With this ac- whistleblowers under the Whistle- asking for a briefing as soon as pos- cord in place, their pathway forward is blowers Protection Act is not just sible. The answer? They claimed it blocked. What is more, the breakout there for reporting to Congress or re- time is pushed back to over a year, giv- porting to the inspector general or re- would be inappropriate to discuss it with the two of us. I will tell you what ing us and our allies around the world porting to the Office of Special Coun- enough time to make sure they don’t would be inappropriate: using internal sel. The Supreme Court has said disclo- move down this very dangerous path. administrative inquiries to hunt down sures to media may be covered if the Let’s move on to another key data disclosure is not specifically prohibited whistleblowers and stiff-arm a congres- point. If you went back to 2003, Iran by statute or Executive order, even if sional scrutiny. That is what would be only had 164 centrifuges. They surged such disclosure violates an agency rule. inappropriate. forward—adding centrifuges, adding If the Justice Department and the So not only does this investigation more advanced and complex cen- appear to be retaliatory, but its sup- Marshals Service think I am going to trifuges—to where they now have 19,000 posed justification is obviously not le- go away or give up on this, they are centrifuges today. gitimate. even less competent than I fear. With this deal, once again, that num- Second, even if there were nothing I yield the floor. ber has rolled back. It has rolled back suspicious or retaliatory about the so- I suggest the absence of a quorum. by two-thirds. But more importantly, called investigation, it cannot be true The PRESIDING OFFICER. The of the 6,000 that remain, 1,000 of those that investigators need protected and clerk will call the roll. cannot be used for enrichment, and all The senior assistant legislative clerk privileged material to carry it out. of them are the most basic and primi- proceeded to call the roll. Third, the recent track record of the tive IR–1 models. Marshals Service on whistleblower pro- Mr. SULLIVAN. Mr. President, I ask In addition, without a deal, Iran has tection is pretty dismal. The internal unanimous consent that the order for amassed 12,000 kilograms, which is over affairs inquiry follows months of inves- the quorum call be rescinded. 26,000 pounds of enriched uranium. This tigation by Congress, the inspector The PRESIDING OFFICER. Without slide shows the public a representative general, and the Office of Special Coun- objection, it is so ordered. example of what that would look like sel into allegations of misconduct at (The remarks of Mr. SULLIVAN per- today. Under this accord, that is rolled the U.S. Marshals Service. It also fol- taining to the introduction of S. 1944 back by 98 percent to just 300 kilo- lows at least two inaccurate and mis- are printed in today’s RECORD under grams. So starting from over 26,000 leading responses from the Marshals ‘‘Statements on Introduced Bills and pounds, or 12,000 kilograms, and reduc- Service and the Justice Department to Joint Resolutions.’’) ing it by 98 percent, they no longer letters from my committee. And it fol- Mr. SULLIVAN. I yield the floor. have the capacity or the stockpile to lows numerous letters reporting allega- The PRESIDING OFFICER. The Sen- be able to quickly move forward to a tions of widespread retaliation and ator from New Mexico. weaponization scenario. very deep fears that employees have of Mr. HEINRICH: Mr. President, I ask In addition, it is important to realize such reprisal. unanimous consent to speak as in Iran had enriched some of its stockpile Just so we are very clear, over 60 cur- morning business. to 20 percent. That is a very dangerous rent and former U.S. Marshals Service The PRESIDING OFFICER. Without figure because 20 percent is actually a employees have made disclosures to objection, it is so ordered. lot closer to weapons grade, and that my office since March. That is over 1.1 NUCLEAR AGREEMENT WITH IRAN would enable them to move quickly to percent of the agency. Many of the re- Mr. HEINRICH. Mr. President, in the weapons grade. It actually takes far ports include allegations that the Mar- first decade of this century, when the longer to get to 4 percent than it does shals Service frequently uses internal policies of President George W. Bush to get from 20 percent to a weaponized affairs investigations as mechanisms entangled our Nation firmly in the war enrichment level. for reprisal. Reprisal for what, one in Iraq, Iran’s nuclear program surged Under this accord, what previously might ask—for engaging in activities ahead rapidly and unchecked. They was an enormous stockpile—and where that are explicitly protected by law. added thousands and thousands of cen- some of that stockpile had actually Multiple whistleblowers from all trifuges. They built numerous and reached dangerous levels of enrich- across the Marshals Service have also complex nuclear facilities. They stock- ment—will be rolled back to a point

VerDate Sep 11 2014 05:50 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\CR\FM\G05AU6.038 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE S6342 CONGRESSIONAL RECORD — SENATE August 5, 2015 where all of the very limited 300 kilo- can react well before a device can be The PRESIDING OFFICER. Is there grams have to be below 4 percent, a built. We hope that scenario never oc- objection? level of concentration and enrichment curs, but should that happen—even Without objection, it is so ordered. that is appropriate for peaceful energy with this accord—it truly leaves all of Mr. MCCONNELL. Mr. President, I purposes but not for a weapons pro- our options on the table, including the ask unanimous consent that at a time gram. military option. to be determined by the majority lead- In addition, without this accord, Some of my colleagues in the Senate er, in consultation with the Demo- Iran’s uranium stockpile today is large object to this historical accomplish- cratic leader, the Senate proceed to the enough to yield 10 to 12 nuclear bombs. ment, saying that we could have done consideration of Calendar No. 28, S. 754; With this accord, they won’t have better; however, none of them have of- I further ask that Senator BURR then enough stockpile—enough material—to fered any realistic alternatives. The be recognized to offer the Burr-Fein- produce even a single nuclear bomb. only concrete alternative, should Con- stein substitute amendment and that it Now, we all know that verification is gress reject this deal, has been to en- be in order for the bill managers or key to success, and under this deal Iran gage in a military strike against Iran. their designees to offer up to 10 first- must allow 24/7 inspections and contin- While the military option will always degree amendments relevant to the uous video monitoring at its nuclear remain on the table for the United subject matter per side. infrastructure, including Natanz, States, even as we implement this ac- The PRESIDING OFFICER. Is there Fordow, the Arak reactor, and all of its cord, it should remain our absolute last objection? uranium mining, milling, and proc- resort. Without objection, it is so ordered. essing facilities. Furthermore, there is As one can imagine, our military and Mr. MCCONNELL. For the informa- a mechanism in place that will allow intelligence leaders have looked at the tion of all Senators, the first amend- inspections of any additional sites, potential repercussions should a direct ments on the Republican side will be should we suspect covert action is military conflict with Iran occur. That the following: Paul No. 2564, Heller No. being taken to build a bomb outside of dangerous path would provoke retalia- 2548, Flake No. 2582, Vitter No. 2578, their existing supply chain. Con- tion, instability, and would likely lead Vitter No. 2579, Cotton No. 2581, Kirk sequently, this accord breaks each and to a nuclear-armed Iran in a matter of No. 2603, Coats No. 2604, Gardner No. every pathway that Iran has developed just a few years rather than decades or 2631, Flake No. 2580. to create a weaponized nuclear device, never. Needless to say, this would be an The PRESIDING OFFICER. The including any potential covert effort irresponsible mistake. Democratic leader. that they might pursue. We should wel- As former Brigadier General and Dep- Mr. REID. Mr. President, I assume come each of those developments as a uty to Israel’s National Security Advi- we would alternate with Republican major step toward both regional and sor Shlomo Brom has said, ‘‘This and Democrat amendments; is that international security. agreement represents the best chance right? I have thought about these issues for to make sure Iran never obtains a Mr. MCCONNELL. Yes. a long time. I have thought about both weapon and the best chance for Con- Mr. REID. Mr. President, I ask unan- the science and the politics of the nu- gress to support American diplomacy— imous consent that the agreement be clear age since I was a young boy. I re- without taking any options off the modified to allow 11 Democratic member growing up listening to my table for this or future presidents.’’ amendments instead of 10. For too long, our country has been dad because he was there when this age The PRESIDING OFFICER. Is there engaged in overseas military conflicts started. He watched nuclear devices objection? that have cost our Nation dearly in being exploded in the Marshall Islands Without objection, it is so ordered. both blood and treasure. We must al- in the South Pacific. He told me stories Mr. REID. They will be as follows: ways be ready at a moment’s notice to of what it was like to watch a mush- Carper No. 2627, Coons No. 2552, defend our country, to defend our al- room cloud form over Enewetak Atoll. Franken No. 2612, Tester No. 2632, When I was studying engineering at lies, and even our interests, but we Leahy No. 2587, Murphy No. 2589, the University of Missouri, I worked at must also look to avoid conflict when- Whitehouse No. 2626, Wyden No. 2621, one of the largest research reactors in ever a diplomatic option is present and Wyden No. 2622, Mikulski No. 2557, and the country. I know what it is like to possible. At this extraordinary mo- Carper No. 2615. look down into that blue glow of a re- ment, I am convinced that this accord Mr. MCCONNELL. I suggest the ab- actor pool. As a Senator from the State is in the best interest of our Nation sence of quorum. of New Mexico, I have seen firsthand and that of our allies. The PRESIDING OFFICER. The I am still deeply distrustful of Iran’s many of the world’s centrifuges which clerk will call the roll. leadership. To make peace, you nego- are housed in my home State of New The legislative clerk proceeded to tiate with your enemies, not with your Mexico and dedicated to the peaceful call the roll. friends. Obviously any deal with Iran production of energy. Mr. MCCONNELL. Mr. President, I will not be without risk, but the risks Serving on the Armed Services Com- ask unanimous consent that the order and the consequences of rejecting this mittee, I helped set policy on non- for the quorum call be rescinded. deal are far, far more dire. This deal proliferation and nuclear deterrence. The PRESIDING OFFICER. Without sets the stage for a safer and more sta- As a member of the Senate Select Com- objection, it is so ordered. ble Middle East and, for that matter, a mittee on Intelligence, I have received UNANIMOUS CONSENT AGREEMENT—H.J. RES. 61 more secure United States of America. numerous briefings on both Iran’s nu- Mr. MCCONNELL. Mr. President, I We must seize this historic oppor- clear program and their capabilities. I ask unanimous consent that following tunity. am well acquainted with the steps nec- leader remarks on Tuesday, September I yield the rest of my time. essary to successfully construct a nu- I suggest the absence of a quorum. 8, the Senate proceed to the consider- clear weapon and the steps necessary The PRESIDING OFFICER (Mr. ation of H.J. Res. 61 and that the ma- to detect that kind of activity. It is be- BOOZMAN). The clerk will call the roll. jority leader or his designee be recog- cause of this familiarity that I am con- The legislative clerk proceeded to nized to offer a substitute amendment fident in this accord. call the roll. related to congressional disapproval of The comprehensive, long-term deal Mr. MCCONNELL. Mr. President, I the proposed Iran nuclear agreement. achieved earlier this month includes ask unanimous consent that the order The PRESIDING OFFICER. Is there all of the necessary tools to break each for the quorum call be rescinded. objection? potential Iranian pathway to a nuclear The PRESIDING OFFICER (Mr. The Democratic leader. bomb. Further, it incorporates enough TOOMEY). Without objection, it is so or- Mr. REID. Mr. President, reserving lead time—the breakout time that we dered. the right to object, I want the debate talked about before, which we cur- Mr. MCCONNELL. Mr. President, I we are going to have in a matter of rently are in dire need of—so that ask unanimous consent to withdraw weeks to be—and I think all of us do— should Iran change its course in the fu- the cloture motion with respect to the dignified and befitting the gravity of ture, the United States and the world motion to proceed to S. 754. one of the most important issues of the

VerDate Sep 11 2014 05:50 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\CR\FM\G05AU6.044 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE August 5, 2015 CONGRESSIONAL RECORD — SENATE S6343 day. This is a step forward, and I do not I say personal information, I am talk- ‘‘Here you go’’ and hand millions of its object. ing about the contents of emails, finan- customers’ financial and medical infor- The PRESIDING OFFICER. Without cial information, basically any data at mation over to a wide array of govern- objection, it is so ordered. all that is stored electronically. CISA, ment agencies. The majority leader. as the bill is called, would allow pri- The records of the victims of a hack Mr. MCCONNELL. Mr. President, vate companies to share large volumes should not be treated the same way with this agreement, we set up expe- of their customers’ personal informa- that information about the hacker is dited consideration of the cyber bill tion with the government after only a treated. If companies are sharing infor- and the Iran resolution. The Senate cursory review. Colleagues who want to mation for cyber security purposes, will hold voice votes on Executive look at that provision ought to take a they ought to be required to make rea- nominations, but there will be no fur- look at page 16 of the bill. sonable efforts to remove personal in- ther rollcall votes this week. We were told repeatedly that this formation that isn’t needed for cyber The PRESIDING OFFICER. The Sen- legislation is voluntary. The fact is, it security before that information is ator from Oregon. is voluntary for the companies, but for handed over to the government. And Mr. WYDEN. Mr. President, so that the citizens of Pennsylvania, the citi- those government agencies ought to all are clear with respect to where mat- zens of Oregon, citizens across this focus on using that information to ters are with the cyber security legisla- country, it is not voluntary. The peo- combat a cyber security threat. tion, a couple of days ago it was my ple of Pennsylvania won’t be asked That, I say to my colleagues, is not fear that this bill would be brought first whether they want their informa- what the bill says. Page 16 of the bill up—it is a badly flawed bill—with no tion sent to the government. Orego- would very clearly authorize compa- opportunity for Senators on either side nians won’t have the chance to say nies to share large amounts of personal of the aisle to fix the legislation. I was whether they want that information information that is unnecessary for afraid that it would come up with no sent. For them, this legislation is man- cyber security, after only a cursory re- amendments and people would say ‘‘Oh datory. view. Now I wish to speak about just one my goodness, there are serious cyber To explain the damage that I believe other issue specifically that I think threats.’’ And that is unquestionably this legislation would do, I want to Senators are not familiar with, and correct. My constituents in Oregon, for take a minute to explain how cyber se- that is the issue of cyber signatures. example, have been hacked by the Chi- curity information sharing works now. Cyber signatures are essentially rec- nese. I was concerned that people Right now the Department of Home- ognizable patterns in online code. A would say ‘‘We have all of these cyber land Security operates a national cyber number of informed observers have threats; we have to act’’ and there security watch center 24 hours a day, 7 raised the concern that once individual days a week. This watch center re- would be no real opportunity to show cyber signatures are shoveled over to ceives cyber security threat informa- how the legislation in its current form the government by private companies, tion from around the Federal Govern- creates more problems than it solves. they could be used as the basis for So that all concerned understand ment and from private companies, and broad surveillance affecting law-abid- where things are, there are going to be this watch center sends out alerts and ing Americans. I am not going to con- more than 20 amendments to this badly bulletins to security professionals to firm or deny any of the press reports flawed bill. Those of us who want to provide them with technical informa- that have raised concerns about cyber make sure there is a full airing of the tion about cyber security threats. In signatures being used in this way, but issues have come to understand that fiscal year 2014, this watch center sent I believe Senators should understand there is no time limit that has yet been out nearly 12,000 of these alerts to that this is certainly—and it is being agreed to on those amendments. So more than 100,000 recipients. That hap- widely discussed in the public arena—a there is going to be a real debate, and, pens today, with lots of companies par- theoretical possibility, and that helps of course, that is what the Senate is all ticipating. underscore the importance of including about. The system that is in place today in- a strong requirement for private com- I particularly wish to commend the cludes rules to protect the privacy of panies to remove unrelated personal in- millions of advocates around the coun- law-abiding Americans. These rules en- formation about their customers before try who spoke out. I understand there sure that companies have a strong in- dumping data over to the government. was something like 6 million faxes that terest in protecting the privacy of In wrapping up, I would be remiss if were sent to Members of this body. their customers. But the legislation as I didn’t note that a secret Justice De- I am going to take a few minutes—I it has been written now overrides those partment legal opinion that is clearly see my colleagues are here as well—to rules. The bill in front of us prevents relevant to the cyber security debate describe where I think this debate is individual Americans from suing com- continues to be withheld from the pub- and give a sense of what the challenge panies that have mishandled their pri- lic. This opinion interprets common is going forward. vate information. As a result, compa- commercial service agreements, and in I start with the basic proposition nies would suddenly, in my view, not my judgment it is inconsistent with that we have a very serious set of cyber have the same incentives with respect the public’s understanding of the law. security threats, and I touched on see- to caring about sharing their cus- So once again we have this question of ing it at home. Second, information tomers’ personal information with the what happens when the people of Penn- sharing can be valuable. There is cer- government. And my concern and the sylvania, Virginia, or Oregon think tainly a lot of it now. It can be con- concern, I believe, of millions of Amer- there is a law because they have read it structive. Information sharing, how- icans is that the interests of some who in the public arena or on their iPad at ever, without vigorous, robust privacy are overzealous—overzealous in govern- home and then there is a secret inter- safeguards, will not be considered by ment, overzealous in the private sec- pretation. millions of Americans to be a cyber se- tor—would overwhelm the interests of I have urged the Justice Department curity bill. Millions of Americans will all of those customers who voluntarily to withdraw that secret Department of say that legislation is a surveillance handed over their information. Justice opinion that relates directly to bill. I thought I would give a couple of ex- the cyber security debate. They have So what I am going to do tonight— amples of the problems the bill in its declined to do so. I suspect many Sen- just for a few minutes because it is my current form causes. Imagine that a ators haven’t had the chance to review understanding there are colleagues who health insurance company finds out it. As I have done before on this type of would also like to speak—is describe that millions of its customers’ records topic, I would urge Senators or their exactly where this debate is. have been stolen. If that company has staffs to take the time to read it be- As written, the cyber security legis- any evidence about who the hackers cause I believe that understanding the lation prevents law-abiding Americans were or how they stole this informa- executive branch’s interpretation of from suing private companies that in- tion, of course it makes sense to share these agreements is an important part appropriately share their personal in- that information with the government. of understanding the relevant legal formation with the government. When But that company shouldn’t simply say landscape on cyber security.

VerDate Sep 11 2014 05:50 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\CR\FM\G05AU6.046 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE S6344 CONGRESSIONAL RECORD — SENATE August 5, 2015 I am going to close by speaking There is an exception: The mandated fused to meaningfully debate or vote about the question of effectiveness. I recess ‘‘shall not be applicable if on on the war against the Islamic State. A think we all understand that we are July 31 of such year a state of war ex- Congress quick to criticize any Execu- facing very real cyber threats. I am of ists pursuant to a declaration of war by tive action by the President has never- the view that this bill in its present Congress.’’ Again, the mandated recess theless encouraged him to carry out an form would do little, if anything, to is not applicable if on July 31 of such unauthorized war. As far as our allies, stop large, sophisticated cyber attacks year a state of war exists pursuant to a the Islamic State, or our troops know, like the Office of Personnel Manage- declaration of war by Congress. This Congress is indifferent to this war. ment had. provision makes basic sense, doesn’t it? I first introduced a resolution to I don’t think Senators ought to just Congress shouldn’t go out for a manda- force Congress to do its job and to de- take my word for it. In April, 65 tech- tory 30-day vacation when the Nation bate this war in September of 2014. nologists and cyber security profes- is at war. It is not right that American That led in December to an affirmative sionals expressed their opposition to troops should risk their lives overseas vote by the Senate Foreign Relations the bill in a letter to Chairman BURR far from home while Congress takes a Committee to authorize the war with and Vice Chairman FEINSTEIN. In refer- month off. The Congress that passed specific limitations. But the matter ring to the bill and two similar bills, this bill in 1970 had an expectation wasn’t taken up on the floor because they wrote: about how serious war was and how the Senate was about to change to a We appreciate your interest in making our Congress—the institution charged with new majority, and that party wanted networks more secure, but the legislation declaring war—would treat such a seri- to analyze the issue afresh. proposed does not materially further that ous obligation. Six months then went by, and Sen- goal, and at the same time it puts our users’ Well, we are about to go on a 1- ator JEFF FLAKE and I introduced, fi- privacy at risk. month adjournment with the Nation at nally, a bipartisan war resolution in As they wrap up their letter, this war. In fact, this Saturday, August 8, June to prod the Senate to take its group of technologists and cyber secu- marks 1 year since President Obama constitutional responsibility seriously rity professionals state: initiated U.S. airstrikes against the Is- after so many months of inaction. We These bills weaken privacy law without lamic State in northern Iraq. wanted to show there is a bipartisan promoting security. In the past year, more than 3,000 consensus against the Islamic State. That has always been my concern. If members of the U.S. military have The result: a few discussions in the we look back at our experiences, we served in Operation Inherent Resolve— Senate Foreign Relations Committee, have tried to write these new digital and thousands are there now—launch- but otherwise silence. ground rules. Fortunately, we took a ing more than 4,500 airstrikes, carrying One year of war against the Islamic step in the right direction as it related out Special Forces operations, and as- State has transformed a President who to NSA rules. The challenge has always sisting the Iraqi military, the Kurdish was elected in part because of his early been the same. The people of our coun- Peshmerga, and Syrians fighting the opposition to the Iraq War into an Ex- try want to be safe and secure in their Islamic State. Virginians connected ecutive war President. It has stretched homes and in their businesses and in with the USS Roosevelt carrier group the 2001 Authorization for Use of Mili- their communities, and they want are stationed there right now. tary Force that was passed to defeat their liberty. Ben Franklin said any- We have made major gains in north- the perpetrators of 9/11 far beyond its body who gives up their liberty to have ern Iraq and, more recently, in north- original meaning or intent. It has security doesn’t deserve either. ern Syria, but the threat posed by the shown to all that neither the Congress What troubled me and why I am glad Islamic State continues to spread in nor the President feels obliged to fol- that the Senate has stepped back from the region and beyond. The war has low the 1973 War Powers Resolution, precipitous action where we would cost over $3.2 billion through mid- which requires the President to cease have just passed this bill without any July—an average of $9.5 million a day— any unilateral military action within amendments—we will have a chance in and seven American servicemembers 90 days unless Congress votes to ap- the fall to look at ways to address have lost their lives serving in support prove it. And it has demonstrated that cyber security in a fashion that I think of the mission. Congress would rather avoid its con- does respond to what our people want, Recently we have heard that the ad- stitutional duty to declare war than and that is to show that security—in ministration may be expanding the have a meaningful debate about wheth- this case, cyber security—and liberty scope of the war to defend U.S.-trained er and how the United States should are not mutually exclusive. It is sen- Syrian fighters against attacks, includ- militarily confront the Islamic State. sible policies worked out in a bipar- ing from the Assad regime. We are ex- This 1-year anniversary also coin- tisan way that will respond to the panding our cooperation with Turkey cides a few minutes ago with a vig- needs of this country in what is un- in the region. We even hear rumors of orous congressional effort to challenge questionably a dangerous time. a U.S.-Turkish humanitarian zone in U.S. diplomacy regarding the Iranian With that, I yield the floor. northern Syria. Each of these steps is nuclear agreement. The contrast be- The PRESIDING OFFICER. The Sen- potentially significant and could lead tween congressional indifference to ator from Virginia. to even more unforeseen expansions of war and its energetic challenge to di- ISLAMIC STATE the ongoing war. We have already had plomacy is most disturbing. Mr. KAINE. Mr. President, we are testimony by military leaders to sug- So, why isn’t Congress doing its job? about to start our traditional August gest that the war will likely go on for Last month I asked Marine Com- recess. Congress is in an interesting years. mandant Joseph Dunford, nominated place because we not only get a re- But as the war expands and our to be the next Chairman of the Joint cess—a vacation—as many Americans troops risk their lives far from home Chiefs of Staff, whether congressional do, but we are legally required to take and as we prepare to go on our tradi- action to finally authorize the war one. That is right. By an act of Con- tional 1-month recess, a tacit agree- against the Islamic State would be well gress, Congress is required, absent a ment to avoid debating this war per- received by American troops. His an- separate agreement, to take a month sists in Washington. swer said it all. ‘‘I think what our off during August. I learned that just The President maintains that he can young men and women need—and it’s yesterday during a great presentation conduct this war without authorization really all they need to do what we ask from one of our Senate Historians, from Congress. He waited more than 6 them to do—is a sense that what Kate Scott. months after the war started to even they’re doing has purpose, has mean- This mandated August adjournment send Congress a draft authorization of ing, and has the support of the Amer- is part of the Legislative Reorganiza- the mission. ican people.’’ tion Act of 1970. The act provides that Congressional behavior has been even A debate in Congress by the people’s in odd-numbered years, the Houses ad- more unusual. Although vested with elected representatives and a vote to journ from the first Friday in August the sole power to declare war by article authorize the most solemn act of war is until the Tuesday after Labor Day. I of the Constitution, Congress has re- how we tell our troops that what they

VerDate Sep 11 2014 05:50 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\CR\FM\G05AU6.055 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE August 5, 2015 CONGRESSIONAL RECORD — SENATE S6345 are doing—what they are risking their ation; that the bill be read a third economy from the middle out, not the lives for—‘‘has purpose, has meaning, time; that the Senate vote on passage top down, and we are going to be work- and has the support of the American of the bill, and the motion to recon- ing to make sure our workers and our people.’’ Otherwise, we are asking them sider be considered made and laid upon families have a voice at the table. We to risk their lives without even both- the table with no intervening action or are going to continue to focus on mak- ering to discuss whether the mission is debate. ing sure our country works for all something we support. Can there be The PRESIDING OFFICER. Is there Americans, not just the wealthy and anything—anything—more immoral objection? few. than that—to order troops to risk their The Senator from Texas. Thank you, Mr. President. lives in support of a military mission Mr. CORNYN. Mr. President, on be- I yield the floor. that we are unwilling even to discuss? half of the chairman of the HELP Com- The PRESIDING OFFICER (Mr. One year in, our servicemembers are mittee, Senator ALEXANDER, I object. GARDNER). The Senator from Texas. doing their jobs, but they are still The PRESIDING OFFICER. Objec- Mr. CORNYN. Mr. President, the waiting on us to do ours. And as I con- tion is heard. Senator from Washington knows how clude—oh, yeah, what about that Au- UNANIMOUS CONSENT REQUEST—S. 497 much I admire and respect her. We gust recess? How can we go away and Mrs. MURRAY. Mr. President, I ask have had great opportunity to work to- adjourn for a month in the midst of an unanimous consent that at a time to be gether in a very productive way, but ongoing war? determined by the majority leader, fol- what we have just seen from our Why, that is easy. The part of the lowing consultation with the Demo- friends across the aisle is not designed statute that creates an exception for cratic leader, and no later than Friday, to actually get anything done. It was a the mandatory August adjournment October 30, the HELP Committee be show to try to claim political advan- applies only if there has been ‘‘a dec- discharged from further consideration tage and to try to create a narrative laration of war by the Congress.’’ Be- of S. 497, the Healthy Families Act; which simply isn’t borne out by the cause we haven’t even bothered to de- that the Senate proceed to its imme- facts. bate or authorize this war in the year diate consideration; that the bill be The facts are that these costly pro- since it started, we are still entitled by read a third time; that the Senate vote posals are unfunded mandates designed statute to take the month of August on passage of the bill, and the motion to make it hard for Americans to find off. to reconsider be considered made and jobs or become employers and create I yield the floor. laid upon the table with no intervening jobs for millions of people working for The PRESIDING OFFICER. The Sen- action or debate. a step up the economic ladder. What ator from Washington. The PRESIDING OFFICER. Is there Americans need, rather than show ECONOMIC SECURITY FOR AMERICAN WORKERS objection? votes, are more job opportunities, more Mrs. MURRAY. Mr. President, in to- The Senator from Texas. flexibility at work, and the freedom to day’s economy, too many of our work- Mr. CORNYN. Mr. President, on be- negotiate a schedule that works for ers across this country are underpaid, half of the chairman of the HELP Com- them. they are overworked, and they are mittee, Senator ALEXANDER, I object. Our friends across the aisle have been treated unfairly on the job. In short, The PRESIDING OFFICER. Objec- in charge and we have seen the results: they lack fundamental economic secu- tion is heard. an economy that grew last year at 2.2 rity. The Senator from Massachusetts. percent—as a matter of fact, in at least In Congress, we have got to act to UNANIMOUS CONSENT REQUEST—S. 1772 one quarter it actually contracted. So give our workers much needed relief. Ms. WARREN. Mr. President, I ask we know what the fruit of these poli- We need to grow our economy from the unanimous consent that at a time to be cies are because they have had their middle out, not the top down. And we determined by the majority leader, fol- chances. should make sure our country works lowing consultation with the Demo- Their policies will destroy jobs, for all Americans, not just the wealthi- cratic leader and no later than Friday, smother innovative startups in job cre- est few. There is no reason we can’t get October 30, the HELP Committee be ators like Uber, and perpetuate the to work on legislation to do just that. discharged from further consideration Obama part-time economy, which has That is why I am here this afternoon, of S. 1772, the Schedules That Work left a shocking 6.5 million Americans joining my colleagues in calling for us Act; that the Senate proceed to its im- in part-time work as they search in in the Senate to move on some impor- mediate consideration; that the bill be vain for full-time work—and, I might tant policies that will help restore eco- read a third time; that the Senate vote add, a 30-year low of the labor partici- nomic security and stability to more of on passage of the bill, and the motion pation rate—the percentage of people our workers. to reconsider be considered made and actually in the workforce that are em- Mr. President, I understand that we laid upon the table with no intervening ployed, people that would otherwise are waiting for one of my Republican action or debate. want to work. We have seen what the colleagues to come to the floor before I The PRESIDING OFFICER. Is there results are. ask unanimous consent, so I will pause objection? The voters last November decided to for just a minute. The Senator from Texas. try something different. They have But I will say while we are waiting Mr. CORNYN. Mr. President, on be- given us a chance to show what we can that we are very concerned about many half of the chairman of the HELP Com- do while we are in the majority, and I Americans today who make few dollars mittee, Senator ALEXANDER, I object. think the results are pretty good. We an hour, who don’t have paid sick The PRESIDING OFFICER. Objec- passed a budget for the first time since leave, who are told to go to work at tion is heard. 2009. We passed a 6-year highway bill hours that they cannot control or The Senator from Washington. just recently, and we are still working know about, and we are introducing Mrs. MURRAY. Mr. President, re- with the House to try to figure out how legislation or asking to introduce leg- claiming the floor, it is disappointing to do that on a bicameral, bipartisan islation today to deal with all of those to us that the Republican majority has basis. We passed unanimously the Jus- issues. objected to bringing these bills forward tice for Victims of Trafficking Act to UNANIMOUS CONSENT REQUEST—S. 1150 and blocking our efforts to provide fight the scourge of human trafficking, Mr. President, I ask unanimous con- some much needed economic stability which targets teenage girls predomi- sent that at a time to be determined by and security for our workers in this nantly for sex. We have passed the De- the majority leader, following con- country. Our workers have been wait- fense authorization bill to make sure sultation with the Democratic leader ing a long time for relief from the our men and women in uniform have and no later than Friday, October 30, trickle-down system that has hurt our the authority and what they need in the HELP Committee be discharged middle class. order to keep us safe here and abroad. from further consideration of S. 1150, This Senator wants to put the Senate We actually have had a very produc- the Raise the Wage Act; that the Sen- on notice that the Democrats are going tive year so far in the 114th Congress ate proceed to its immediate consider- to keep working on ways to grow our under Republican leadership. What our

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Not ways to be most effective in the Sen- take us to the past with slow economic only did Russ bring valuable policy ate. growth and policies that simply don’t perspectives to that role as legislative I guess, in the end, everything comes work. director, but he was also able to help down to people and our relationships, That is why I am happy to stand here on the communications side because he the level of trust we are able to build today and object to these show re- understands it is not just important for working with each other because that quests that aren’t actually designed to us to do a decent job—or at least to the is what helps us be effective and helps do anything but are designed for fund- best of our ability—it is important to Russ be an effective chief of staff in the raising, press releases, and other pub- be able to communicate what you are whip office. The truth is, as I have gone licity stunts that simply are not what doing in a way so the American people, from No. 99 in the Senate when I came is going to help the American people and in particular the people of Texas, here, sitting in that back row over the most. can understand. Yet he also understood there, down to this desk over the last TRIBUTE TO RUSS THOMASSON the politics that go along sometimes 12 years, I could not have done it with- Mr. President, on another note, I with the job we have in the Senate. out great staff like Russ Thomasson want to talk a little bit about my chief Perhaps just as importantly, he and all of my staff, both in the whip of- of staff who is leaving. My chief of staff brought with him his good judgment to fice as well as my staff in my official in the whip office is Russ Thomasson, help me hire an outstanding legislative office. Many of them I know are here who I hope is somewhere around here. staff. I believe firmly that part of my sitting in the back. He is at the back of the Chamber. His responsibility—and I am sure the Pre- So on behalf of all of Team Cornyn, I son Austin is down here as one of our siding Officer and our other colleagues want to wish Russ, his wife Cindy, pages. feel the same way. I believe one of the Sasha, and Austin all the very best in The bottom line is, Russ and I most important things we can do is the next chapter of their lives. We used learned together from the time he hire the best and brightest staffers be- to kid that it is sort of like the Eagles came as my military legislative assist- cause if we do that, and we work with song ‘‘Hotel California,’’ you can check ant in 2003. From that time until now, them, we can benefit tremendously and out, but you can never leave, once you we learned how to be effective on be- our constituents benefit tremendously become part of Team Cornyn. That is half of the 27 million people I work for from their advice. as true today as it was then. in the State of Texas and to work with Russ has set a high bar as my legisla- I yield the floor. all of our colleagues to try to produce tive director. He is a tireless worker The PRESIDING OFFICER. The Sen- positive results for the American peo- who has given a lot of himself. ator from Maine. ple. Then I would like to say just a word NUCLEAR AGREEMENT WITH IRAN He is leaving now for greener pas- about his job as my chief of staff—as Mr. KING. Mr. President, I have tures. I mean that not exactly lit- the whip. When I became the whip, he never faced a more difficult decision erally, but he is going into the private came with me to the whip office. We than the vote on the Iran nuclear sector where he will no doubt be com- have found ourselves in a few nail-bit- weapons agreement which is currently pensated for what his skills and experi- ing situations in tense moments, and scheduled for mid-September. The ence are worth. Russ’s calmness and personality, his stakes could not be higher, the issues Back when I started in the Senate, calm demeanor and his diligence have more complex or the risks more dif- Russ came on board as my military simply helped us get the job done for ficult to calculate. In approaching this legislative assistant. He brought with the Senate and for the new majority. decision, I have taken a two-pronged him great experience as an Air Force Whether it is trafficking, trade, high- path. The first is to have learned ev- intel officer. He is an engineer; I am ways, funding the government, a budg- erything I possibly could about the not. It was helpful to bring with him et—the first budget that we have agreement itself and then carefully the attention to detail that engineer- passed since 2009—his fingerprints are analyzed the alternatives. ing training brings. He is also a Rus- all over those, along with those of This second step is critically impor- sian specialist, which we didn’t need a other members of my whip staff who tant, particularly in this case. No ne- lot of in my office in Texas, but he have done a great job. As I learned gotiated agreement is perfect. It is brought great knowledge and experi- from the majority leader, he wants to easy to pick apart whatever agreement ence to the forefront, helping me in my know where the votes are before the is before you, but the question is, Com- job on the Armed Services Committee, vote is actually cast. My whip team, pared to what? Often, an imperfect given that great background. both staff and my deputy whip team, of agreement is preferable when compared We had some big challenges in 2005 as which the Presiding Officer is one, have to the likely alternatives. Starting all of our colleagues here at the time done a great job providing that essen- with a close reading of the agreement remember. That was the Base Closure tial information and knowledge to the over several nights and early mornings and Realignment Commission. Texas majority leader so we can efficiently back in July, and following hearings, likes to tout the fact that 1 out of and effectively represent our constitu- classified briefings and sessions, meet- every 10 persons in uniform comes from ents in the Senate. ing with experts inside and outside the Texas. Our military is very important By the way, I would say that Russ’s administration, extensive readings to us. I was raised in a military family. intelligence background has proven to about the agreement and its implica- Being effective on behalf of our men be invaluable—gathering information, tions and discussions with my col- and women in uniform who happen to talking to people, and understanding leagues, this is where I have come out: call Texas home is particularly impor- the situational awareness that is so First, if implemented effectively, I be- tant to me, and Russ did a tremendous necessary in order to be as effective as lieve this agreement will prevent Iran job there and elsewhere. we can be. The results prove he has from achieving a nuclear weapon for at As a matter of fact, he did such a made a big contribution to helping us least 15 years and probably longer; sec- good job as my MLA, my military leg- turn the Senate around, going from ond, at the end of that 15 years, if we islative assistant, that when the oppor- dysfunction to function and actually take the right steps, we will have the tunity came, he was promoted to legis- producing important results for the same options then that we have today lative director. There he got to apply American people. if Iran moves toward the building of a his knowledge and expertise far beyond So here is how Russ describes the bomb; third, the current alternatives, just national security and foreign af- task ahead in the Senate. He likes to if this agreement is rejected, are either fairs and helped me navigate all of the talk about the four P’s. This is sup- unrealistic or downright dangerous. various policy issues we confronted posedly the key to what makes the So based upon what we know now, I during the time he was my legislative Senate work and how to be effective in intend to vote in favor of the agree- director from 2007 to 2012. the Senate. The first P is policy. The ment. This is why: The deal itself, I be- Some of these are issues that par- second is pressure. The third is poli- lieve, is strong and explicit in terms of ticularly hit home in Texas, things like tics. The fourth is power. So I think by the burdens it places upon Iran’s nu- immigration, Supreme Court nomina- his four P’s, he encapsulates one of the clear program for the first 15 years—a

VerDate Sep 11 2014 05:50 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\CR\FM\G05AU6.059 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE August 5, 2015 CONGRESSIONAL RECORD — SENATE S6347 98-percent reduction in their current stronger and more likely than it would It is true that as a result of Iran’s ac- stockpile of enriched uranium, strict be today because it would be Iran ceptance of the limitations of the numerical limits on further enrich- breaching the agreement, not us walk- agreement, they get relief from the nu- ment, the effective dismantling of the ing away from it. I cannot argue, nor clear sanctions and the release of ap- plutonium reactor at Arak, and dis- can anyone, that this deal is perfect. proximately $50 billion of restricted mantlement of two-thirds of their cur- For example, I would prefer that the foreign assets that they will be able to rent fleet of enrichment centrifuges. 15-year limits be 20 or 25 or 30 years or spend, but it is important to remember But many argue that after 15 years, that the U.S. arms embargo would re- they only get that after they comply Iran could become a nuclear threshold main in place indefinitely. I would pre- with the limitations. If we sign on to state, which is certainly a possibility fer to see that in the agreement. this agreement, they don’t get the we need to be prepared to address, but In fact, I think Congress can and money the next day. They have to Iran is a nuclear threshold state today. should have a role to play in seeking to meet the limitations in the agreement To be arguing about what may or may ensure the strict enforcement of the and the IAEA has to verify that. Let not be the case in 15 years and ignore agreement and to mitigate some of its me repeat. There is no sanctions relief the fact that they are a nuclear thresh- weaknesses, as well as reassuring our until Iran implements and the IAEA old state today, it seems to me, is the regional allies and partners and further verifies that its nuclear commitments height of folly. If they decided to build strengthening our ability to ensure have been met. To get that relief is Iran never becomes a nuclear weapons a bomb today, they could get there in why they entered into these negotia- state, but then we get to the central 2 to 3 months. After the rollbacks re- tions in the first place. And to get question. As I said, it is easy to pick quired in this agreement, however, this them into the negotiations is why we apart a deal: I don’t like this aspect. I period is extended to at least 1 year, led the imposition of the nuclear weap- don’t like that. I think it should be and we would know almost imme- ons sanctions in the first place. diately if they were on track to a longer. I think it should be shorter. In other words, sanctions relief in ex- But the question is, Compared to bomb. change for acceptance of limitations on what? What are the alternatives? What I might mention that we will have a their nuclear program is the essence of happens next if we reject this agree- much greater insight into their activi- ment? The usual answers I have heard the deal. Neither the sanctions nor the ties if this agreement is enacted than in this body, in hearings, and in meet- negotiations were ever about Iran we do today. The inspection and verifi- ings over the last month or so are sort foreswearing terrorism or recognizing cation provisions, as I mentioned, of vague references to reimposing or Israel or releasing hostages. All of which will be monitored and enforced strengthening the sanctions, bringing those things are things I wish we could by the International Atomic Energy Iran back to the table, and getting a do. I believe those are good policies, Agency, coupled with the tools and ca- better deal. but that isn’t what this negotiation pabilities of the U.S. intelligence com- The problem with this is that the was about. To try to add them now or munity and those of our international countries which have joined us in the argue that the deal falls short because partners which, by the way, is an im- sanctions—and by doing so have con- they aren’t included is simply unreal- portant part of the verification regime. siderably strengthened the impact of istic. There is a lot of discussion about the those sanctions on Iran—believe this The United States, along with our al- IAEA, as if those are the only people deal is acceptable. They have accepted lies and partners, must redouble our ef- who will be watching, but indeed the it. Our unilateral rejection would al- forts outside of the nuclear agreement intelligence agencies of at least half a most certainly lead to those sanctions to address these issues. They are criti- dozen countries will also be watching. I eroding rather than getting stronger. I cally important issues. We need a believe the combination of the IAEA would not argue they will collapse, but strategy to deal with an expansionist and our intelligence assets provide us they will definitely erode. It is hard to Iran that is completely separate from with a high level of confidence that argue that the sanctions will get the nuclear issue—I don’t deny that— any attempt by Iran to cheat on its en- stronger when the countries that have and to deal with Iran’s malign activi- richment program will be detected. helped us to enforce and make those ties in the region. It is also important IAEA inspections at known nuclear sanctions effective believe we should to reiterate that all U.S. sanctions on sites indeed are anytime, anywhere, endorse and enter into this agreement. Iran related to terrorism and human and include Iran’s entire uranium sup- If that happens, we have the worst of rights will remain in place. ply chain. While it is true that inspec- all worlds: Iran is unfettered from the When President Kennedy was negoti- tions at hidden sites—sites we don’t terms of the agreement, and they are ating the removal of the Soviet mis- know about—could be delayed for up to subject to a weaker sanctions regime. siles from Cuba, he did not throw in 24 days from when the IAEA requests It is important to remember, and this that Cuba had to depose Castro or that access and that some covert work at often is not conveyed much in the in- the Soviets had to foreswear their dan- such a site could be harder to detect, it formation that is shared, this is not gerous enmity to the West. The phrase is in the nature of uranium that traces simply an agreement between the they used was this: ‘‘We will bury can be detected long after 24 days, no United States and Iran, this is an you.’’ matter how much they try to clean it agreement between the United States He simply wanted to get those mis- up. and Germany and Great Britain and siles out. He didn’t try to settle all the The half-life of uranium-235 is 700 France and China and Russia and Iran. issues in the Cold War. And, indeed, so million years. They are not going to be This is not a unilateral agreement. it is with this deal. The idea is to con- able to clean it up in 24 days. In the This is an agreement that has been en- strain. The idea has always been to end, to build a bomb, there has to be tered into by the major world powers. constrain Iran’s nuclear capability, not nuclear material. But what about after They have found it acceptable. settle all the issues of the Middle 15 years when most of the restrictions The other option, if we cannot some- East—no matter how desirable that on enrichment are lifted? If the Ira- how find our way to a better deal—and might be. nians try to break out at that point, we I have not heard anybody credibly In my book there is only one thing have the some options we have today, argue why or how that would happen. worse than a rogue Iran seeking to including the reimposition of sanctions The only other option, of course, is a make trouble for its neighbors and us, or a military strike. military strike, which the experts esti- and that is a rogue Iran seeking to In other words, we are in a similar mate would only set the Iranian nu- make troubles for its neighbors and us place in 15 years to where we are now, clear program back between 2 and 3 armed with nuclear weapons. That is but we will have achieved 15 years of a years. Where are we then? Are we in a the issue before is. nuclear weapon-free Iran. If Iran vio- position where there would have to be Finally, of equal importance as the lates the terms of the agreement at follow-on strikes to prevent the recon- terms themselves of the nuclear agree- that point, I believe reimposing the ef- stitution of Iran’s nuclear facilities ment is ensuring that it is effectively fective international sanctions involv- every 2 or 3 years? That would be at an implemented. One of the principles of ing the rest of the world would be unpredictable and incalculable cost. my life is that implementation and

VerDate Sep 11 2014 05:50 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 E:\CR\FM\G05AU6.061 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE S6348 CONGRESSIONAL RECORD — SENATE August 5, 2015 execution are as important as vision. If I am mindful that—like any agree- will leave from this Chamber to go to this agreement is approved, that is day ment involving multiple parties that another briefing that we are having. I 1 of the critical implementation and are friendly, belligerent, and some- expect to hear more in the coming execution period. There is a real risk, I where in between—this agreement weeks and will seek to answer ques- believe, that as time wears on, the at- can’t be used against the ideal. It has tions that I still have about the agree- tention of the international commu- to be judged against the alternative. ment. The bottom line is I can only nity on this issue will diminish. It will On the whole, this agreement measured support an agreement that I feel can be vital to the United States, across against the ideal doesn’t look all that endure—not just be signed but that can successive Presidents, to maintain good. Against the alternative, it is a endure—and that will serve our na- focus on implementing and enforcing much closer call. tional interests and the interests of our the terms of the agreement. I must say that I am not as sanguine allies. Congress also will have a crucial role as some of my colleagues about the Again, I commend those who have to play, both in oversight of the deal’s ability to reassemble the multilateral been involved in this process. I com- implementation and in making certain sanctions regime that has brought Iran mend those involved in ensuring that that the IAEA and our intelligence to the negotiating table. Congress had a say here. I will con- agencies have the resources they need On the nuclear side, Iran’s ability to tinue to evaluate this agreement based, to monitor and assure compliance, and amass sufficient fissile material to as- as I said, not on the ideal but the alter- more broadly to ensure that all of our semble a nuclear weapon would be se- native. There are many questions I options to prevent Iran from devel- verely curtailed for up to 15 years. The wish to have answered. oping a nuclear weapon—whenever inspections regime to ensure compli- I encourage the administration to they may decide to take that step—re- ance, at least as it pertains to known work with Congress in the coming main viable if the agreement collapses. nuclear facilities, is fairly detailed. weeks on legislation that would clarify I have negotiated lots of contracts That is no small achievement. Much some of these misunderstandings. It over the years, and one side or the credit is due to the scientists and oth- would take the place of so-called RUDs other rarely wins in a negotiation. The ers who assisted with the negotiations. if this were a treaty. idea is that all sides get something On the other hand, I have grave con- I have mentioned before that this they want or need, and, in the end, I cerns regarding our ability—and if not kind of legislation is going to come. It believe that is what happened here. If our ability, our willingness—to respond will come prior to implementation day, this deal is implemented properly, I be- to nefarious nonnuclear activities that and I think it behooves the administra- lieve it will accomplish our national Iran may be involved with in the re- tion and the Congress to begin now to security objectives, while preserving or gion. work together on items that we can improving all of our existing options to We are assured by the administration agree on that clarify this, assuming ensure that Iran never develops a nu- that under the JCPOA, Congress re- that this agreement will go into effect. clear weapon. tains all tools, including the imposi- It ought to be clarified now and not There is no certainty when it comes tion of sanctions, should Iran involve down the road. That would make it far to this question. As I said at the begin- itself in terrorist activity in the re- more likely to be an enduring docu- ning, I believe this is the most difficult gion. However, the plain text of the ment rather than one that is simply decision I have ever had to make. JCPOA does not seem to indicate this. signed and forgotten later. There are risks in either direction, and In fact, it seems to indicate otherwise. With that, I yield the floor. there are credible arguments on both Iran has made it clear that it believes Mr. President, I suggest the absence sides. But, in the end, I have concluded that the imposition of sanctions simi- of a quorum. that the terms of this agreement are lar to or approximating those cur- The PRESIDING OFFICER. The preferable to the alternatives—and rently in place would violate the clerk will call the roll. that is the crucial analysis; what are JCPOA. The senior assistant legislative clerk the alternatives—and that it would be My concern is that the administra- proceeded to call the roll. Mr. LEE. Mr. President, I ask unani- in the best interests of the United tion would be reluctant to punish or mous consent that the order for the States to join our partners in approv- deter the unacceptable nonnuclear be- quorum call be rescinded. ing it. havior by Iran in the region if it would The PRESIDING OFFICER. Without I intend to remain deeply engaged in give Iran the pretext not to comply with the agreement as it stands. I don’t objection, it is so ordered. this issue in the weeks and months The Senator from Utah. ahead because the process does not end believe this is an idle concern. The de- the day of our vote. If this agreement gree to which the administration has f moves forward, it will fall to future resisted even the suggestion that Con- RECESS Presidents and future Congresses to gress reauthorize the Iran Sanctions Mr. LEE. Mr. President, I ask unani- oversee it and make it work. We owe Act, for example, which expires next mous consent that the Senate stand in the American people our best judg- year, just so that we might have sanc- recess until 6:15 p.m. ment, and it is my belief that this tions to snap back, makes us question The PRESIDING OFFICER. Without agreement, if implemented effectively our willingness to confront Iran when objection, it is so ordered. and in conjunction with the other it really matters down the road. Thereupon, the Senate, at 5:05 p.m., measures we must take to ensure its Now, if this were a treaty, that could recessed until 6:15 p.m., and reassem- ongoing vitality, will serve our Nation, be dealt with with what are called bled when called to order by the Pre- the region, and the world. RUDs—or reservations, understandings siding Officer (Mr. TILLIS). I yield the floor. and declarations—where we could clar- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- ify some of these misunderstandings. ator from Ohio. ator from Arizona. But since this was presented to Con- f Mr. FLAKE. Mr. President, I wish to gress as an Executive agreement, we say a few words about the deal nego- don’t have that option. DRINKING WATER PROTECTION tiated between the P5+1 and Iran to We have had numerous hearings and ACT deny Iran’s access to a nuclear weapon. briefings in the Senate Foreign Rela- Mr. PORTMAN. Mr. President, I First, I commend the administration tions Committee. I commend Senator come to the floor once again to make and others involved in the negotiations CORKER, the chairman of the com- an attempt at passing a very impor- for seeking a diplomatic solution. mittee, and the minority ranking tant, commonsense piece of legislation There always needs to be a credible member, Senator CARDIN, for the man- that is bipartisan. It helps to ensure threat of military force to deny Iran a ner in which they have engaged in that the drinking water supplies in nuclear weapon, but it is incumbent these hearings and briefings. northern Ohio, Lake Erie, and through- upon us to test every avenue for a We have had a lot of questions raised. out our State, the freshwater res- peaceful solution before resorting to Some have been answered; some have ervoirs and other lakes that are pro- such force. not. These hearings will continue. I viding water—and also around the

VerDate Sep 11 2014 05:50 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 E:\CR\FM\G05AU6.066 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE August 5, 2015 CONGRESSIONAL RECORD — SENATE S6349 country—to make sure that will be legislation to get EPA but also Mr. WHITEHOUSE. Mr. President, I something the U.S. Federal Govern- NOAA—the National Oceanic and At- further ask unanimous consent that ment is helping with as much as pos- mospheric Administration—USGS, and the Whitehouse amendment, which is sible through new legislation to get the other Federal entities more involved at the desk, be agreed to; the bill, as EPA more involved. and engaged and working together bet- amended, be read a third time and I bring this legislation to the floor ter. passed; and that the motion to recon- for the third time in the last several We also passed legislation to try to sider be made and laid upon the table days to try to pass it. I do so with the help with regard to getting EPA to with no intervening action or debate. hopes that we can get this done to- give us what the standards ought to be The PRESIDING OFFICER. Is there night. in terms of the drinking water. objection? I thank my colleague from Ohio, Now it is time to pass this legislation Without objection, it is so ordered. SHERROD BROWN, who has been cospon- that requires the EPA to put out a re- The amendment (No. 2639) was agreed soring and supporting this effort. I port on how to mitigate the problem to, as follows: thank my colleagues on both sides of and how to encourage the local com- (Purpose: To modify the authorization of the aisle for working with us. We have munity and incentivize the local com- appropriations) been working for several weeks to get munity to do more in terms of ensuring On page 3, line 17, strike ‘‘$27,000,000’’ and this cleared. Most recently, we had an that the intake valves are in the right insert ‘‘$26,000,000’’. issue with regard to legislation the place, ensuring that the treatment is The bill (S. 1523), as amended, was or- Democrats wanted to add to it. I think done properly, and provide the good dered to be engrossed for a third read- we have now resolved those issues. I science and the best practices that ing, was read the third time, and thank Robert Duncan of the floor staff only the EPA can provide to be able to passed, as follows: for working so closely with us on this. help with regard to the very serious S. 1523 I thank my colleague from Rhode Is- problem we face on Lake Erie and Be it enacted by the Senate and House of Rep- land, Senator WHITEHOUSE, for working throughout the State of Ohio. resentatives of the United States of America in with us. This is legislation which is With that, I ask unanimous consent Congress assembled, both important and urgent. that the Senate now proceed to H.R. SECTION 1. NATIONAL ESTUARY PROGRAM RE- This week marks the 1-year anniver- 212, which is at the desk, and that the AUTHORIZATION; COMPETITIVE sary since the water supplies in Toledo, bill be read a third time and the Senate AWARDS. OH, had to be cut off because there vote on passage of the bill with no in- Section 320 of the Federal Water Pollution were toxic algal blooms in the lake tervening action or debate. Control Act (33 U.S.C. 1330) is amended— that were going into the water intake The PRESIDING OFFICER. The (1) in subsection (g), by adding at the end the following: system. There were 500,000 people who clerk will report the bill by title. ‘‘(4) COMPETITIVE AWARDS.— were told they couldn’t drink the The senior assistant legislative clerk ‘‘(A) IN GENERAL.—Using the amounts water. It was a crisis. I was there. I was read as follows: made available under subsection (i)(2)(B), the given bottled water along with others. A bill (H.R. 212) to amend the Safe Drink- Administrator shall make competitive Unfortunately, this year we are see- ing Water Act to provide for the assessment awards under this paragraph. ing toxic algal blooms growing again. and management of the risk of algal toxins ‘‘(B) APPLICATION FOR AWARDS.—The Ad- We are seeing it not just near the in drinking water, and for other purposes. ministrator shall solicit applications for water intake valve for the city of To- There being no objection, the Senate awards under this paragraph from State, ledo but also near other water intake interstate, and regional water pollution con- proceeded to consider the bill. trol agencies and entities, State coastal zone valves where 3 million Ohioans get The bill was ordered to a third read- management agencies, interstate agencies, their drinking water, from Lake Erie. ing, and was read the third time. other public or nonprofit private agencies, By the way, about 8 million people The PRESIDING OFFICER. If there institutions, organizations, and individuals. from other States get water from Lake is no further debate, the bill having ‘‘(C) SELECTION OF RECIPIENTS.—The Ad- Erie, including Michigan and other been read the third time, the question ministrator shall select award recipients States represented here in this Cham- is, shall the bill pass? under this paragraph that, as determined by ber. The bill (H.R. 212) was passed. the Administrator, are best able to address I am also very concerned by the fact Mr. PORTMAN. I ask unanimous urgent and challenging issues that threaten the ecological and economic well-being of that we have other reservoirs in Ohio consent that the motion to reconsider coastal areas, including— that are seeing increased levels of toxic be considered made and laid upon the ‘‘(i) extensive seagrass habitat losses re- algal blooms. This includes Grand table. sulting in significant impacts on fisheries Lakes St. Marys, Buckeye Lake, and it The PRESIDING OFFICER. Without and water quality; includes the reservoirs in Columbus. objection, it is so ordered. ‘‘(ii) recurring harmful algae blooms; It is time to ensure that we are doing The Senator from Rhode Island. ‘‘(iii) unusual marine mammal mortalities; ‘‘(iv) invasive exotic species that may everything we possibly can at the f local, State, and Federal level to en- threaten wastewater systems and cause sure that we can deal with this issue AMENDING THE FEDERAL WATER other damage; POLLUTION CONTROL ACT TO ‘‘(v) jellyfish proliferation limiting com- and that it can be resolved. munity access to water during peak tourism Finally, I will say this is not just REAUTHORIZE THE NATIONAL ESTUARY PROGRAM seasons; about drinking water; it is also about ‘‘(vi) flooding that may be related to sea the recreational value of these water- Mr. WHITEHOUSE. Mr. President, I level rise or wetland degradation or loss; and ways, including Lake Erie, which is an ask unanimous consent that the Envi- ‘‘(vii) low dissolved oxygen conditions in incredibly important economic asset ronment Public Works Committee be estuarine waters and related nutrient man- for the State of Ohio, our No. 1 destina- discharged from further consideration agement.’’; and tion for tourism. Having been on the of S. 1523, the National Estuary Pro- (2) by striking subsection (i) and inserting the following: lake a couple of weeks ago fishing, I gram, and the Senate proceed to its im- ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— will tell you that toxic algal blooms mediate consideration. ‘‘(1) IN GENERAL.—There is authorized to be make a huge difference and create a The PRESIDING OFFICER. Without appropriated to the Administrator $26,000,000 real problem for the recreational value objection, it is so ordered. for each of fiscal years 2016 through 2020 for— of fishing but also people being able to The clerk will report the bill by title. ‘‘(A) making grants and awards under sub- use the beaches, people being con- The senior assistant legislative clerk section (g); and cerned about having their pets in the read as follows: ‘‘(B) expenses relating to the administra- tion of grants or awards by the Adminis- water, and people being concerned that A bill (S. 1523) to amend the Federal Water trator under this section, including the Pollution Control Act to reauthorize the Na- their kids may not be safe even being award and oversight of grants and awards, tional Estuary Program, and for other pur- close to these bodies of water. subject to the condition that such expenses poses. We passed legislation previously to may not exceed 5 percent of the amount ap- help get the Federal Government more There being no objection, the Senate propriated under this subsection for a fiscal involved. About a year ago, we passed proceeded to consider the bill. year.

VerDate Sep 11 2014 07:37 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\CR\FM\G05AU6.114 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE S6350 CONGRESSIONAL RECORD — SENATE August 5, 2015 ‘‘(2) ALLOCATIONS.— that allows an estuary to be clean for ing. It was a hearing where we were ‘‘(A) CONSERVATION AND MANAGEMENT swimming, fishing, boating, and all of able to hear directly from companies PLANS.—Not less than 80 percent of the the things that Rhode Islanders and about the impact of the Tax Code. We amount made available under this sub- our summer visitors enjoy, is through were able to bring in companies that section for a fiscal year shall be used by the Administrator for the development, imple- this National Estuary Program. It have left the United States, requiring mentation, and monitoring of each conserva- shows the common link of the algae them to determine why they left. Un- tion and management plan eligible for grant problem David Prescott referred to fortunately, it was eye-opening to the assistance under subsection (g)(2). with the algae problem Senator point that it requires us to deal with ‘‘(B) COMPETITIVE AWARDS.—Not less than PORTMAN has seen in Ohio. our broken Tax Code if we are going to 15 percent of the amount made available I thank DAVID VITTER, the Senator retain jobs in this country, keep in- under this subsection for a fiscal year shall from Louisiana, for his cosponsorship vestment in this country, and be able be used by the Administrator for making of this and for his work to get this to attract more jobs and investment to competitive awards under subsection (g)(4).’’. through the Environment and Public deal with our historically weak recov- Mr. WHITEHOUSE. Mr. President, I Works Committee with me. I also ery in which we currently find our- thank the Senator from Ohio for the thank SHERROD BROWN for cospon- selves. way we have worked together. There soring this legislation. Mr. President, I wish to address an was a slight toll to be paid on the ma- If I am not mistaken, there is the Old issue that is critical to unleashing job jority side for getting the National Es- Woman Creek National Estuarine Re- creation and boosting wages in this tuary Program passed, but it was one search Reserve in Ohio, and this will country—and that is the need to re- we could live with, and I think these help support the work of the Old form our broken, outdated tax code. are both good pieces of legislation. I Woman Creek National Estuarine Re- This Congress, I took on a new role am glad we were able to pass them to- serve. This is in Huron, OH, on the as chairman of the Senate’s main in- gether. south-central shore of Lake Erie. It is vestigative panel, the Permanent Sub- If I could just briefly read from an one of Ohio’s few remaining examples committee on Investigations, PSI, editorial that was recently published of a natural estuary that transitions where I serve alongside my colleague by the Westerly Sun. Westerly is one of between land and water, with a variety Senator CLAIRE MCCASKILL, the sub- Rhode Island’s cities. The area that of habitats, from marshes and swamps, committee’s ranking member. Last Westerly is in is called South County, to upland forests, open water, tribu- week, PSI held a hearing specifically RI. There is a South County tary streams, barrier beach, and near concerning how the U.S. tax code af- coastkeeper whose name is David Pres- shores of Lake Erie. fects the market for corporate control. cott, and he went out in a boat that be- I am pleased both of these measures It is a topic that involves the jargon of longs to an environmental group in have been able to proceed. corporate finance, but the impact is Rhode Island called Save the Bay. He I yield the floor. measured in U.S. jobs and wages. We took some press folk down the The PRESIDING OFFICER. The Sen- see headlines every week about the loss Pawcatuck River with elected leaders ator from Ohio. of American business headquarters— from both Rhode Island and Con- Mr. PORTMAN. Mr. President, I more often than not, to a country with necticut. would like to thank my colleague from I will read from the editorial: a more competitive corporate tax rate, Rhode Island. I was in support of his it is not hard to find one, and terri- Prescott shared a jarful of smelly green legislation. I am glad we got both bills algae from the bottom of Little Narragan- torial system of taxation. sett Bay to illustrate how lawn fertilizer, en- done, and I appreciate the fact that my Our tax code makes it hard to be an gine oil and all manner of interesting items colleagues on both sides of the aisle re- American company, and it puts U.S. flushed down storm drains end up below the alize the urgency of dealing with this workers at a disadvantage. At a 39 per- surface of what appears to be a bucolic set- blue-green algae issue, which in many cent combined State and Federal rate, ting around Watch Hill, Napatree Point and cases has become a toxic algal bloom the United States has the highest cor- Sandy Point. that affects our drinking water, affects porate rate in the industrialized world. ‘‘If we went further up the watershed, we recreation, and affects fishing, and it is To add insult to injury our government would actually see stuff that came right off the land, down the stormwater outfalls,’’ a significant issue in my State and oth- taxes American businesses for the Prescott said. ‘‘This is the stuff that we ers. privilege of reinvesting their overseas know is in our developed areas. We see stuff f profits here at home. Economists tell us that the burden of such as oil and gas and grease and sand and CYBERSECURITY INFORMATION trash and dog waste, and guess where it ends corporate taxes falls principally on SHARING ACT OF 2015—MOTION up? Eventually, it ends up here in the workers—in the former of lower wages TO PROCEED—Continued Pawcatuck River estuary and into Little and fewer job opportunities. I am Narragansett Bay.’’ TAX CODE REFORM afraid this has helped create a middle- Based on his eight-year study of the river Mr. PORTMAN. Mr. President, if I and bay area using water sampling, Prescott class squeeze that has made it harder urged leaders from both states to heed Save could, I want to report on something for working families to make ends the Bay’s ‘‘call to action,’’ which would re- that happened this week. I see that the meet. Yet as almost all of our competi- quire developing stormwater management chair of the Finance Committee, Sen- tors have cut their corporate rates and plans to better filter runoff, ensuring septic ator HATCH, is here, and he is aware of eliminated repatriation taxes, America systems are regularly tested, encouraging this. This week we had a bipartisan has failed to reform its outdated, com- homeowners to reduce or eliminate use of hearing of the Permanent Sub- plex tax code. lawn fertilizers and pesticides, and enforcing committee on Investigations on an As a result, American businesses are ‘‘no-discharge’’ laws. issue that is also urgent. It is one that headed for the exits, at a loss of thou- The newspaper concluded: is imminent because right now many sands of jobs. The unfortunate reality The Wood-Pawcatuck watershed, from U.S. companies are leaving our shores. is that U.S. businesses are often much Worden’s Pond in South Kingstown to Watch This means that jobs and investments more valuable in the hands of foreign Hill, filters the water in our aquifers and provides a quality of life many envy. We are leaving America and going to other acquirers who can reduce their tax need to protect all aspects of our watershed countries. It is something all of us bills. I believe that is one reason why and treat the Pawcatuck River and Little should be concerned about because it is the value of foreign takeovers of U.S. Narragansett Bay with more respect than rapidly accelerating. It is because of companies doubled last year to $275 bil- has been shown over the decades. one simple reason: Washington, DC, re- lion, and are on track to surpass $400 I thank the Westerly Sun for those fuses to reform our outdated and anti- billion this year according to Dealogic, thoughts. I think they are very helpful. quated Tax Code. It is Washington’s far outpacing the increase in overall I am glad to have the chance to put fault. Unfortunately, the brunt of it is global mergers and acquisitions. them here into the record on the Sen- being borne by workers across our We should be very clear that foreign ate floor. country. investment in the United States is es- The reason I read this is because the I would like to put into the RECORD sential to economic growth—we need work of doing that upland planning my statement with regard to this hear- more of it. But a tax code that distorts

VerDate Sep 11 2014 07:37 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\CR\FM\A05AU6.069 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE August 5, 2015 CONGRESSIONAL RECORD — SENATE S6351 ownership decisions by handicapping Pyott projects that the new ownership give our workers the best shot at com- U.S. business is not good for our econ- will cut about 1,500 jobs, mostly in peting in the global marketplace and omy—and that is what we have today. California. yet we haven’t reformed the tax code What is happening is that the current To better understand the tax-driven in decades while other countries have. tax system increasingly drives U.S. advantages enjoyed by foreign That fact is that if Washington fails businesses into the hands of those best acquirers, PSI took a look at Quebec- to reform our tax code, foreign able to reduce their tax liabilities, not based Valeant Pharmaceuticals. Over acquirers will do it for us—one Amer- necessarily those best equipped to cre- the past 4 years, Valeant has managed ican company at a time. And rather ate jobs and increase wages here at to acquire more than a dozen U.S. com- than more jobs and higher wages, we home. That is bad for American work- panies worth more than $30 billion. The will continue to see a loss of U.S.- ers and bad for our long-term competi- subcommittee reviewed key documents headquartered businesses and jobs. tiveness as a country. to understand how tax advantages af- With the deck stacked against Amer- To better understand the trend and fected Valeant’s three largest acquisi- ican companies, I believe the solution inform legislative debate on tax re- tions to date, including the 2013 sale of is clear. We need a full overhaul of our form, PSI decided to take a hard look New York-based eye care firm Bausch current tax code. Cut both the indi- at this issue. Over the past couple & Lomb and the 2015 sale of the North vidual and corporate rates to 25 per- months, the subcommittee reviewed Carolina-based drug maker Salix. cent, pay for the cuts by eliminating more than a dozen recent major foreign We learned that, in those two trans- loopholes, and move to a competitive acquisitions of U.S. companies and actions alone, Valeant determined that international system. Unfortunately, mergers in which U.S. firms relocated it could shave more than $3 billion off in our current political environment, overseas. This was a bipartisan project the target companies’ tax bills by inte- that is simply not possible to do imme- every step of the way with Senator grating them into its Canada-based diately. However, I do believe that we MC ASKILL corporate group. Those tax savings C , and I am very grateful for can take a positive first step towards meant that Valeant’s investments in that. reform this fall. Last week’s hearing was the culmina- its American targets would have higher tion of that work. And we heard di- returns and pay for themselves more A big part of that first step is in- rectly from both U.S. companies that quickly—two key drivers of the deals. cluded in a bipartisan framework for have felt the tax-driven pressures to The three recent Valeant acquisitions international tax reform that Senator move offshore and from foreign cor- we studied resulted in a loss of about SCHUMER and I released last month. porations whose tax advantages have 2,300 U.S. jobs, plus a loss of about $16 That includes 1) a move to an inter- turbocharged their growth by acquisi- million per year of contract manufac- national tax system that doesn’t pro- tion. turing that was moved from the U.S. to vide disincentives for companies to Among the U.S. business leaders we Canada and the UK. bring their money home from overseas heard from was Jim Koch, the founder Beyond inbound acquisitions, Amer- to invest in growing their business and and chairman of Boston Beer Company, ica is also losing corporate head- hiring more workers; 2) a patent box to maker of Sam Adams. At a U.S. mar- quarters through mergers in which keep highly mobile intellectual prop- ket share between 1 percent to 2 per- U.S. businesses relocate overseas. The erty and the high-paying jobs that go cent each, Sam Adams and Pennsyl- latest news is the U.S. agricultural with developing that property in the vania-based Yuengling are actually the business Monsanto’s proposed $45 bil- U.S.; and 3) sensible base erosion pro- first and second largest U.S.-based lion merger with its European counter- tections that discourage companies brewers left. All of the great American part Syngenta; a key part of that pro- from doing business in tax haven juris- beer companies—Miller, Coors, and An- posed deal is a new global corporate dictions. heuser-Busch—are now foreign-owned. headquarters—not in the U.S., but in I believe it should also include a tax And Mr. Koch testified that if we fail London. extenders package that makes a lot of to reform our tax code, his company To better understand this trend, the our current tax extenders permanent. I could be next. subcommittee examined the 2014 merg- think that we can all agree that tem- He explained that he regularly gets er of Burger King with the Canadian porary tax policy is bad tax policy— offers from investment bankers to fa- coffee-and-donut chain Tim Hortons— and whether it is giving families cer- cilitate a sale, at double-digit pre- an $11.4 billion tie-up that sent Burger tainty that there is going to be a mort- miums, to a foreign acquirer who can King’s corporate headquarters north of gage insurance premium deduction, dramatically reduce his tax bill from the border. Our review showed that small businesses certainty that there is the 39 percent rate his company now Burger King had strong business rea- going to be expanded section 179 ex- pays. Mr. Koch said he can decline sons to team up with Tim Hortons. But pensing, or innovative companies as- those attractive offers because he owns the record shows that when deciding surances that there is going to be an a majority of his company’s voting where to locate the new headquarters R&D credit, I believe that making shares. But when he is gone, he be- of the combined company, tax consid- these policies permanent would provide lieves that company will be driven by erations flatly ruled out the U.S. And a big boost to our economy. financial pressure to sell. it wasn’t about the domestic tax In fact, yesterday, the Joint Com- We also heard from the longtime CEO rates—it was about international tax- mittee on Taxation found that the of the pharmaceutical company ation. short-term extenders package passed Allergan, David Pyott. Allergan was At the time, Burger King estimated by the Senate Finance Committee last purchased by the Irish acquirer Actavis that pulling Tim Hortons into the month would create $10.4 billion in dy- last year for $70 billion after a year- worldwide U.S. tax net, rather than re- namic tax revenue. Imagine the growth long takeover pursuit by Canadian locating to Canada, would destroy up if those were made permanent? business, Valeant Pharmaceuticals. to $5.5 billion in value over just 5 If we don’t start to take steps to re- Mr. Pyott estimated that foreign years—$5.5 billion in an $11 billion deal. form our code now, I am worried that acquirers pursuing Allergan had about Think about that. The company con- we are going to turn around in a couple a $9 billion valuation advantage over cluded it was necessary to put the of years and say, ‘‘what happened? what would have been possible for an headquarters in a country that would Where did our jobs go? What happened American company, ‘‘simply because allow it to reinvest overseas earnings to the American tax base?’’ If we do get they could reduce Allergan’s tax bill back in the U.S. and Canada without to that place, we will have no one to and gain access to its more than $2.5 an additional tax hit. They ultimately blame but ourselves. billion in locked-out overseas earn- chose Tim Hortons’ home base of Can- ings.’’ Mr. Pyott testified that ada because their territorial system of I thank the Chair for his indulgence Allergan would be an independent taxation allowed them to do just that. this evening. American company today if it weren’t If there is a villain in these stories, it I yield back my time. for our tax code. Instead, Allergan is is the U.S. tax code. And if there is a The PRESIDING OFFICER. The ma- now headquartered in Ireland and Mr. failure, it is Washington’s. Our job is to jority leader.

VerDate Sep 11 2014 07:37 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\CR\FM\A05AU6.071 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE S6352 CONGRESSIONAL RECORD — SENATE August 5, 2015 MORNING BUSINESS IN THE MARINE CORPS Colonel Patrick J. Center The following named officer for appoint- Colonel Laura L. Clellan Mr. MCCONNELL. Mr. President, I Colonel Johanna P. Clyborne ask unanimous consent that the Sen- ment as Commandant of the Marine Corps and appointment in the United States Ma- Colonel Alan C. Cranford ate be in a period of morning business rine Corps to the grade indicated while as- Colonel Anita K.W. Curington with Senators permitted to speak signed to a position of importance and re- Colonel Darrell D. Darnbush therein for up to 10 minutes each. sponsibility under title 10, U.S.C., sections Colonel Aaron R. Dean, II The PRESIDING OFFICER. Without 601 and 5043: Colonel Damian T. Donahoe Colonel John H. Edwards, Jr. objection, it is so ordered. To be general Colonel Lee M. Ellis f Lt. Gen. Robert B. Neller Colonel Pablo Estrada, Jr. EXECUTIVE SESSION IN THE AIR FORCE Colonel James R. Finley The following named officer for appoint- Colonel Thomas C. Fisher ment in the Reserve of the Air Force to the Colonel Lapthe C. Flora EXECUTIVE CALENDAR grade indicated under title 10, U.S.C., section Colonel Michael S. Funk 12203: Colonel Michael J. Garshak Mr. MCCONNELL. Mr. President, I Colonel Harrison B. Gilliam To be major general ask unanimous consent that the Sen- Colonel Michael J. Glisson ate proceed to executive session for the Brig. Gen. Theron G. Davis Colonel Wallace A. Hall, Jr. consideration of Executive Calendar IN THE ARMY Colonel Kenneth S. Hara Nos. 272 through 295 and all the nomi- The following named officer for appoint- Colonel Marcus R. Hatley nations on the Secretary’s desk in the ment in the United States Army to the grade Colonel Gregory J. Hirsch Air Force, Army, and Navy and that indicated while assigned to a position of im- Colonel John E. Hoefert Colonel Lee W. Hopkins the commerce committee be discharged portance and responsibility under title 10, U.S.C., section 601: Colonel Lyndon C. Johnson from further consideration of PN601 To be lieutenant general Colonel Russell D. Johnson and PN641; that all the nominations be Colonel Peter S. Kaye confirmed en bloc, and the motions to Maj. Gen. John M. Murray Colonel Jesse J. Kirchmeier reconsider be considered made and laid The following named officer for appoint- Colonel Richard C. Knowlton upon the table with no intervening ac- ment in the United States Army to the grade Colonel Martin A. Lafferty tion or debate; that no further motions indicated while assigned to a position of im- Colonel Edwin W. Larkin portance and responsibility under title 10, be in order; that any statements re- Colonel Bruce C. Linton U.S.C., section 601: Colonel Kevin D. Lyons lated to the nominations be printed in To be lieutenant general Colonel Robert B. McCastlain the RECORD; and that the President be Lt. Gen. Anthony R. Ierardi Colonel Mark D. McCormack immediately notified of the Senate’s Colonel Marshall T. Michels action. The following named officer for appoint- Colonel Michael A. Mitchell The PRESIDING OFFICER. Is there ment in the Reserve of the Army to the Colonel Shawn M. O’Brien grade indicated under title 10, U.S.C., section Colonel David F. O’Donahue objection? 12203: Without objection, it is so ordered. Colonel John O. Payne To be major general The nominations considered and con- Colonel Troy R. Phillips firmed are as follows: Brig. Gen. Garrett S. Yee Colonel Rafael A. Ribas The following named officer for appoint- Colonel Edward D. Richards IN THE ARMY ment in the Reserve of the Army to the Colonel Hamilton D. Richards The following Army National Guard of the grade indicated under title 10, U.S.C., section Colonel John W. Schroeder United States officer for appointment in the 12203: Colonel Scott C. Sharp Reserve of the Army to the grade indicated Colonel Cary A. Shillcutt under title 10, U.S.C., sections 12203 and To be major general Colonel Bennett E. Singer 12211: Brig. Gen. Patrick J. Reinert Colonel Raymond G. Strawbridge To be major general IN THE NAVY Colonel Tracey J. Trautman Colonel Suzanne P. Vares-Lum Brig. Gen. David S. Baldwin The following named officer for appoint- ment to the grade of admiral in the United Colonel David N. Vesper IN THE AIR FORCE States Navy while assigned to a position of Colonel Clint E. Walker The following named officer for appoint- importance and responsibility under title 10, Colonel James B. Waskom ment in the United States Air Force to the U.S.C., section 601, and title 50, U.S.C., sec- Colonel Michael J. Willis grade indicated under title 10, U.S.C., section tion 2511: Colonel Kurtis J. Winstead 624: Colonel David E. Wood To be admiral To be brigadier general The following Army National Guard of the Vice Adm. James F. Caldwell, Jr. Col. Aaron M. Prupas United States officer for appointment in the The following named officer for appoint- Reserve of the Army to the grade indicated IN THE ARMY ment in the United States Navy to the grade under title 10, U.S.C., sections 12203 and The following named officer for appoint- indicated while assigned to a position of im- 12211: ment as the Chief of Staff of the Army and portance and responsibility under title 10, To be brigadier general appointment in the United States Army to U.S.C., section 601: Col. Laura L. Yeager the grade indicated while assigned to a posi- To be vice admiral tion of importance and responsibility under The following Army National Guard of the title 10, U.S.C., sections 601 and 3033: Vice Adm. Joseph P. Aucoin United States officer for appointment in the To be general The following named officer for appoint- Reserve of the Army to the grade indicated ment in the United States Navy to the grade under title 10, U.S.C., sections 12203 and Gen. Mark A. Milley indicated under title 10, U.S.C., section 624: 12211: IN THE NAVY To be rear admiral (lower half) To be brigadier general The following named officer for appoint- Capt. Cedric E. Pringle Col. William J. Edwards ment as Chief of Naval Operations and ap- The following Army National Guard of the pointment in the United States Navy to the IN THE ARMY United States officer for appointment in the grade indicated while assigned to a position The following Army National Guard of the Reserve of the Army to the grade indicated of importance and responsibility under title United States officers for appointment in the under title 10, U.S.C., sections 12203 and 10, U.S.C., sections 601 and 5033: Reserve of the Army to the grade indicated 12211: To be admiral under title 10, U.S.C., sections 12203 and 12211: To be major general Adm. John M. Richardson To be brigadier general Brig. Gen. Robert W. Enzenauer IN THE AIR FORCE Colonel Brett W. Andersen The following Army National Guard of the The following named officer for appoint- Colonel Wallace S. Bonds United States officers for appointment in the ment in the United States Air Force to the Colonel John C. Boyd Reserve of the Army to the grade indicated grade indicated under title 10, U.S.C., section Colonel David L. Boyle under title 10, U.S.C., sections 12203 and 624: Colonel Mark N. Brown 12211: To be brigadier general Colonel Robert D. Burke To be major general Col. Christopher P. Azzano Colonel Thomas M. Carden, Jr. Brigadier General Randy A. Alewel

VerDate Sep 11 2014 05:50 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 E:\CR\FM\A05AU6.070 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE August 5, 2015 CONGRESSIONAL RECORD — SENATE S6353 Brigadier General Craig E. Bennett and appeared in the Congressional Record of W. TRAVER, which nominations were re- Brigadier General Allen E. Brewer March 4, 2015. ceived by the Senate and appeared in the Brigadier General Brian R. Copes PN417 ARMY nomination of Eric R. Davis, Congressional Record of July 29, 2015. Brigadier General Benjamin J. Corell which was received by the Senate and ap- PN729 ARMY nominations (24) beginning Brigadier General Peter L. Corey peared in the Congressional Record of April RAMIE K. BARFUSS, and ending Brigadier General Steven Ferrari 28, 2015. DENTONIO WORRELL, which nominations Brigadier General Ralph H. Groover, III PN693 ARMY nomination of Stephen T. were received by the Senate and appeared in Brigadier General William A. Hall Wolpert, which was received by the Senate the Congressional Record of July 29, 2015. and appeared in the Congressional Record of Brigadier General Brian C. Harris PN730 ARMY nominations (119) beginning Brigadier General Richard J. Hayes, Jr. July 23, 2015. PN694 ARMY nomination of Jenifer E. Hey, DAVID J. ADAM, and ending VICTORY Y. Brigadier General Samuel L. Henry YU, which nominations were received by the Brigadier General Barry D. Keeling which was received by the Senate and ap- peared in the Congressional Record of July Senate and appeared in the Congressional Brigadier General Keith A. Klemmer Record of July 29, 2015. Brigadier General William J. Lieder 23, 2015. PN731 ARMY nominations (7) beginning Brigadier General Dana L. McDaniel PN695 ARMY nomination of Michael R. APRIL CRITELLI, and ending GREGG A. Brigadier General Rafael O’Ferrall Starkey, which was received by the Senate VIGEANT, which nominations were received Brigadier General Joanne F. Sheridan and appeared in the Congressional Record of July 23, 2015. by the Senate and appeared in the Congres- IN THE MARINE CORPS PN696 ARMY nomination of Deepa sional Record of July 29, 2015. The following named officer for appoint- Hariprasad, which was received by the Sen- PN732 ARMY nominations (9) beginning ment as Commander, Marine Forces Reserve, ate and appeared in the Congressional THOMAS F. CALDWELL, and ending and appointment to the grade indicated in Record of July 23, 2015. BRONSON B. WHITE, which nominations the United States Marine Corps while as- PN697 ARMY nomination of Dale T. were received by the Senate and appeared in signed to a position of importance and re- Waltman, which was received by the Senate the Congressional Record of July 29, 2015. sponsibility under title 10, U.S.C., sections and appeared in the Congressional Record of 601 and 5144: PN733 ARMY nominations (3) beginning July 23, 2015. CAROL L. COPPOCK, and ending MARIE N. PN698 ARMY nominations (26) beginning To be lieutenant general WRIGHT, which nominations were received VINCENT E. BUGGS, and ending JAMES M. Maj. Gen. Rex C. McMillian by the Senate and appeared in the Congres- ZEPP, III, which nominations were received The following named officer for appoint- sional Record of July 29, 2015. by the Senate and appeared in the Congres- ment to the grade of lieutenant general in sional Record of July 23, 2015. PN734 ARMY nominations (3) beginning the United States Marine Corps while as- PN699 ARMY nominations (216) beginning NORMAN S. CHUN, and ending HARRY W. signed to a position of importance and re- SHONTELLE C. ADAMS, and ending JO- HATCH, which nominations were received by sponsibility under title 10, U.S.C., section SEPH S. ZUFFANTI, which nominations the Senate and appeared in the Congres- 601: were received by the Senate and appeared in sional Record of July 29, 2015. To be lieutenant general the Congressional Record of July 23, 2015. PN735 ARMY nominations Lt. Gen. Robert R. Ruark PN700 ARMY nominations (66) beginning (11) beginning LAVETTA L. BENNETT, IN THE AIR FORCE ANDREA C. ALICEA, and ending and ending CRAIG W. STRONG, which nomi- The following named officer for appoint- GIOVANNY F. ZALAMAR, which nomina- nations were received by the Senate and ap- ment in the United States Air Force to the tions were received by the Senate and ap- peared in the Congressional Record of July grade indicated while assigned to a position peared in the Congressional Record of July 29, 2015. 23, 2015. of importance and responsibility under title IN THE NAVY 10, U.S.C. section 601: PN701 ARMY nominations (263) beginning ERIC B. ABDUL, and ending SARA I. PN703 NAVY nomination of Audry T. To be lieutenant general ZOESCH, which nominations were received Oxley, which was received by the Senate and Lt. Gen. Samuel D. Cox by the Senate and appeared in the Congres- appeared in the Congressional Record of July The following named officer for appoint- sional Record of July 23, 2015. 23, 2015. ment in the United States Air Force to the PN702 ARMY nominations (185) beginning PN704 NAVY nomination of Mark B. Lyles, grade indicated while assigned to a position GARY S. ANSELMO, and ending JOHN G. which was received by the Senate and ap- of importance and responsibility under title ZIERDT, which nominations were received peared in the Congressional Record of July 10, U.S.C., section 601: by the Senate and appeared in the Congres- 23, 2015. To be lieutenant general sional Record of July 23, 2015. PN705 NAVY nominations (4) beginning PN721 ARMY nominations (3) beginning Maj. Gen. Gina M. Grosso RUSSELL P. BATES, and ending HORACIO DEAN R. KLENZ, and ending JAMES J. IN THE NAVY G. TAN, which nominations were received by RICHE, which nominations were received by the Senate and appeared in the Congres- The following named officer for appoint- the Senate and appeared in the Congres- sional Record of July 23, 2015. ment in the United States Navy to the grade sional Record of July 29, 2015. indicated while assigned to a position of im- PN722 ARMY nominations (2) beginning PN706 NAVY nominations (24) beginning portance and responsibility under title 10, RICHARD L. BAILEY, and ending KENNETH SYLVESTER C. ADAMAH, and ending U.S.C., section 601: S. SHEDAROWICH, which nominations were CHADWICK D. WHITE, which nominations To be vice admiral received by the Senate and appeared in the were received by the Senate and appeared in Vice Adm. Paul A. Grosklags Congressional Record of July 29, 2015. the Congressional Record of July 23, 2015. PN723 ARMY nominations (21) beginning PN707 NAVY nominations (46) beginning NOMINATIONS PLACED ON THE SECRETARY’S WILLIAM ANDINO, and ending CHRIS- RUBEN A. ALCOCER, and ending MELISSIA DESK TOPHER P. WILLARD, which nominations A. WILLIAMS, which nominations were re- IN THE AIR FORCE were received by the Senate and appeared in ceived by the Senate and appeared in the PN608 AIR FORCE nomination of Jesse L. the Congressional Record of July 29, 2015. Congressional Record of July 23, 2015. Johnson, which was received by the Senate PN724 ARMY nominations (47) beginning PN708 NAVY nominations (50) beginning and appeared in the Congressional Record of DAVID B. ANDERSON, and ending CARL W. ACCURSIA A. BALDASSANO, and ending June 24, 2015. THURMOND, which nominations were re- JACQUELINE R. WILLIAMS, which nomina- PN665 AIR FORCE nomination of Jose M. ceived by the Senate and appeared in the tions were received by the Senate and ap- Goyos, which was received by the Senate and Congressional Record of July 29, 2015. peared in the Congressional Record of July appeared in the Congressional Record of July PN725 ARMY nominations (5) beginning 23, 2015. 15, 2015. JERRY G. BAUMGARTNER, and ending PN691 AIR FORCE nomination of John C. PN709 NAVY nominations (18) beginning MAURI M. THOMAS, which nominations JASON S. AYEROFF, and ending BRENT E. Boston, which was received by the Senate were received by the Senate and appeared in and appeared in the Congressional Record of TROYAN, which nominations were received the Congressional Record of July 29, 2015. by the Senate and appeared in the Congres- July 23, 2015. PN726 ARMY nominations (22) beginning sional Record of July 23, 2015. PN692 AIR FORCE nomination of John A. ELIZABETH A. ANDERSON, and ending Christ, which was received by the Senate and MARGARET L. YOUNG, which nominations PN710 NAVY nominations (50) beginning appeared in the Congressional Record of July were received by the Senate and appeared in JERRY J. BAILEY, and ending ERIN R 23, 2015. the Congressional Record of July 29, 2015. WILFONG, which nominations were received PN720 AIR FORCE nomination of Richard PN727 ARMY nominations (12) beginning by the Senate and appeared in the Congres- H. Fillman, Jr., which was received by the TONIA M. CROWLEY, and ending CHERYL sional Record of July 23, 2015. Senate and appeared in the CongQessional M. K. ZEISE, which nominations were re- PN711 NAVY nominations (21) beginning Record of July 29, 2015. ceived by the Senate and appeared in the WILLIAM M. ANDERSON, and ending JEF- IN THE ARMY Congressional Record of July 29, 2015. FREY R. WESSEL, which nominations were PN250 ARMY nomination of Thomas M. PN728 ARMY nominations (6) beginning received by the Senate and appeared in the Cherepko which as received by the Senate JENNIFER M. AHRENS, and ending TODD Congressional Record of July 23, 2015.

VerDate Sep 11 2014 07:37 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 E:\CR\FM\A05AU6.065 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE S6354 CONGRESSIONAL RECORD — SENATE August 5, 2015 PN712 NAVY nominations (95) beginning NOMINATION OF SHEILA 257, 258, 259, 260, 261, 262, 264, and 265; MARIA A. ALAVANJA, and ending VIN- GWALTNEY TO BE AMBASSADOR that the Senate vote on the nomina- CENT A. I. ZIZAK, which nominations were EXTRAORDINARY AND PLENI- tions en bloc without intervening ac- received by the Senate and appeared in the POTENTIARY OF THE UNITED tion or debate; that the motions to re- Congressional Record of July 23, 2015. STATES OF AMERICA TO THE consider be considered made and laid IN THE COAST GUARD KYRGYZ REPUBLIC upon the table with no intervening ac- The following named officer for appoint- tion or debate; that no further motions ment as Vice Commandant, United States be in order to the nominations; that Coast Guard, and to the grade indicated any statements related to the nomina- under title 14, U.S.C., section 47: NOMINATION OF PERRY L. HOLLO- tions be printed in the RECORD; and To be vice admiral WAY TO BE AMBASSADOR EX- that the President be immediately no- Vice Adm. Charles D. Michel TRAORDINARY AND PLENI- tified of the Senate’s action. The following named officer for appoint- POTENTIARY OF THE UNITED The PRESIDING OFFICER. Is there ment in the United States Coast Guard to STATES OF AMERICA TO THE CO- objection? the grade indicated under title 14, U.S.C., OPERATIVE REPUBLIC OF GUY- Without objection, it is so ordered. section 211(a)(2): ANA The Senate proceeded to consider the To be lieutenant commander nominations en bloc. Stephen R. Bird The PRESIDING OFFICER. The question is, Will the Senate advise and f NOMINATION OF KATHLEEN ANN consent to the nominations of David DOHERTY TO BE AMBASSADOR NOMINATION OF DAVID HALE TO Hale, of New Jersey, a Career Member EXTRAORDINARY AND PLENI- BE AMBASSADOR EXTRAOR- of the Senior Foreign Service, Class of POTENTIARY OF THE UNITED DINARY AND PLENIPOTENTIARY Minister-Counselor, to be Ambassador STATES OF AMERICA TO THE OF THE UNITED STATES OF Extraordinary and Plenipotentiary of REPUBLIC OF CYPRUS AMERICA TO THE ISLAMIC RE- the United States of America to the Is- PUBLIC OF PAKISTAN lamic Republic of Pakistan; Atul Keshap, of Virginia, a Career Member NOMINATION OF HANS G. KLEMM of the Senior Foreign Service, Class of NOMINATION OF ATUL KESHAP TO TO BE AMBASSADOR EXTRAOR- Counselor, to be Ambassador Extraor- BE AMBASSADOR EXTRAOR- DINARY AND PLENIPOTENTIARY dinary and Plenipotentiary of the DINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF United States of America to the Demo- OF THE UNITED STATES OF AMERICA TO ROMANIA cratic Socialist Republic of Sri Lanka, AMERICA TO THE DEMOCRATIC and to serve concurrently and without SOCIALIST REPUBLIC OF SRI additional compensation as Ambas- sador Extraordinary and Pleni- LANKA, AND TO SERVE CONCUR- NOMINATION OF JAMES DESMOND potentiary of the United States of RENTLY AND WITHOUT ADDI- MELVILLE, JR., TO BE AMBAS- America to the Republic of Maldives; TIONAL COMPENSATION AS AM- SADOR EXTRAORDINARY AND Alaina B. Teplitz, of Illinois, a Career BASSADOR EXTRAORDINARY PLENIPOTENTIARY OF THE Member of the Senior Foreign Service, AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO Class of Minister-Counselor, to be Am- UNITED STATES OF AMERICA TO THE REPUBLIC OF ESTONIA THE REPUBLIC OF MALDIVES bassador Extraordinary and Pleni- potentiary of the United States of America to the Federal Democratic Re- NOMINATION OF PETER F. public of Nepal; William A. Heidt, of NOMINATION OF ALAINA B. MULREAN TO BE AMBASSADOR Pennsylvania, a Career Member of the TEPLITZ TO BE AMBASSADOR EXTRAORDINARY AND PLENI- Senior Foreign Service, Class of Min- EXTRAORDINARY AND PLENI- POTENTIARY OF THE UNITED ister-Counselor, to be Ambassador Ex- POTENTIARY OF THE UNITED STATES OF AMERICA TO THE traordinary and Plenipotentiary of the STATES OF AMERICA TO THE REPUBLIC OF HAITI United States of America to the King- FEDERAL DEMOCRATIC REPUB- dom of Cambodia; Glyn Townsend Da- LIC OF NEPAL vies, of the District of Columbia, a Ca- reer Member of the Senior Foreign NOMINATION OF LAURA Service, Class of Minister-Counselor, to FARNSWORTH DOGU TO BE AM- be Ambassador Extraordinary and NOMINATION OF WILLIAM A. BASSADOR EXTRAORDINARY Plenipotentiary of the United States of HEIDT TO BE AMBASSADOR EX- AND PLENIPOTENTIARY OF THE America to the Kingdom of Thailand; TRAORDINARY AND PLENI- UNITED STATES OF AMERICA TO Jennifer Zimdahl Galt, of Colorado, a POTENTIARY OF THE UNITED THE REPUBLIC OF NICARAGUA Career Member of the Senior Foreign STATES OF AMERICA TO THE Service, Class of Minister-Counselor, to KINGDOM OF CAMBODIA be Ambassador Extraordinary and NOMINATION OF PAUL WAYNE Plenipotentiary of the United States of JONES TO BE AMBASSADOR EX- America to Mongolia; Sheila Gwaltney, NOMINATION OF GLYN TOWNSEND TRAORDINARY AND PLENI- of California, a Career Member of the DAVIES TO BE AMBASSADOR EX- POTENTIARY OF THE UNITED Senior Foreign Service, Class of Min- TRAORDINARY AND PLENI- STATES OF AMERICA TO THE ister-Counselor, to be Ambassador Ex- POTENTIARY OF THE UNITED REPUBLIC OF POLAND traordinary and Plenipotentiary of the STATES OF AMERICA TO THE United States of America to the KINGDOM OF THAILAND Kyrgyz Republic; Perry L. Holloway, of South Carolina, a Career Member of NOMINATION OF MICHELE THOREN the Senior Foreign Service, Class of BOND TO BE AN ASSISTANT SEC- Minister-Counselor, to be Ambassador NOMINATION OF JENNIFER RETARY OF STATE (CONSULAR Extraordinary and Plenipotentiary of ZIMDAHL GALT TO BE AMBAS- AFFAIRS) the United States of America to the SADOR EXTRAORDINARY AND Mr. MCCONNELL. Mr. President, I Co-operative Republic of Guyana; PLENIPOTENTIARY OF THE ask unanimous consent that the Sen- Kathleen Ann Doherty, of New York, a UNITED STATES OF AMERICA TO ate proceed to the consideration of the Career Member of the Senior Foreign MONGOLIA following nominations en bloc: Cal- Service, Class of Minister-Counselor, to endar Nos. 198, 199, 200, 201, 202, 203, 256, be Ambassador Extraordinary and

VerDate Sep 11 2014 07:37 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 E:\CR\FM\A05AU6.066 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE August 5, 2015 CONGRESSIONAL RECORD — SENATE S6355 Plenipotentiary of the United States of NOMINATION OF RAFAEL J. LOPEZ The PRESIDING OFFICER. The America to the Republic of Cyprus; TO BE COMMISSIONER ON CHIL- question is, Will the Senate advise and Hans G. Klemm, of Michigan, a Career DREN, YOUTH, AND FAMILIES, consent to the nominations of Rafael J. Member of the Senior Foreign Service, DEPARTMENT OF HEALTH AND Lopez, of California, to be Commis- Class of Minister-Counselor, to be Am- HUMAN SERVICES sioner on Children, Youth, and Fami- lies, Department of Health and Human bassador Extraordinary and Pleni- Services; Monica C. Regalbuto, of Illi- potentiary of the United States of NOMINATION OF MONICA C. nois, to be an Assistant Secretary of America to Romania; James Desmond REGALBUTO TO BE AN ASSIST- Energy (Environmental Management); Melville, Jr., of New Jersey, a Career ANT SECRETARY OF ENERGY Jonathan Elkind, of Maryland, to be an Member of the Senior Foreign Service, (ENVIRONMENTAL MANAGE- Assistant Secretary of Energy (Inter- Class of Minister-Counselor, to be Am- MENT) national Affairs); Eric Martin Satz, of bassador Extraordinary and Pleni- Tennessee, to be a Member of the potentiary of the United States of Board of Directors of the Tennessee America to the Republic of Estonia; NOMINATION OF JONATHAN Valley Authority for a term expiring ELKIND TO BE AN ASSISTANT Peter F. Mulrean, of Massachusetts, a May 18, 2018; Gregory Guy Nadeau, of SECRETARY OF ENERGY (INTER- Career Member of the Senior Foreign Maine, to be Administrator of the Fed- NATIONAL AFFAIRS) Service, Class of Counselor, to be Am- eral Highway Administration; Denise Turner Roth, of North Carolina, to be bassador Extraordinary and Pleni- Administrator of General Services; potentiary of the United States of NOMINATION OF ERIC MARTIN Joyce Louise Connery, of Massachu- America to the Republic of Haiti; SATZ TO BE A MEMBER OF THE setts, to be a Member of the Defense Laura Farnsworth Dogu, of Texas, a BOARD OF DIRECTORS OF THE Nuclear Facilities Safety Board for a Career Member of the Senior Foreign TENNESSEE VALLEY AUTHORITY term expiring October 18, 2019; Joseph Service, Class of Minister-Counselor, to Bruce Hamilton, of Texas, to be a be Ambassador Extraordinary and Member of the Defense Nuclear Facili- NOMINATION OF GREGORY GUY Plenipotentiary of the United States of ties Safety Board for the remainder of NADEAU TO BE ADMINISTRATOR America to the Republic of Nicaragua; the term expiring October 18, 2016; and OF THE FEDERAL HIGHWAY AD- Marie Therese Dominguez, of Virginia, Paul Wayne Jones, of Maryland, a Ca- MINISTRATION reer Member of the Senior Foreign to be Administrator of the Pipeline and Hazardous Materials Safety Adminis- Service, Class of Career Minister, to be tration, Department of Transpor- NOMINATION OF DENISE TURNER Ambassador Extraordinary and Pleni- tation? ROTH TO BE ADMINISTRATOR OF potentiary of the United States of The nominations were confirmed en GENERAL SERVICES America to the Republic of Poland; and bloc. Michele Thoren Bond, of the District of f Columbia, a Career Member of the Sen- NOMINATION OF JOYCE LOUISE ior Foreign Service, Class of Minister- NOMINATION OF KRISTEN MARIE CONNERY TO BE A MEMBER OF KULINOWSKI TO BE A MEMBER Counselor, to be an Assistant Sec- THE DEFENSE NUCLEAR FACILI- OF THE CHEMICAL SAFETY AND retary of State (Consular Affairs)? TIES SAFETY BOARD HAZARD INVESTIGATION BOARD The nominations were confirmed en bloc. NOMINATION OF JOSEPH BRUCE NOMINATION OF VANESSA LOR- HAMILTON TO BE A MEMBER OF RAINE ALLEN SUTHERLAND TO THE DEFENSE NUCLEAR FACILI- BE A MEMBER OF THE CHEM- TIES SAFETY BOARD ICAL SAFETY AND HAZARD IN- VESTIGATION BOARD

NOMINATION OF MARIE THERESE DOMINGUEZ TO BE ADMINIS- NOMINATION OF VANESSA LOR- TRATOR OF THE PIPELINE AND RAINE ALLEN SUTHERLAND TO HAZARDOUS MATERIALS SAFETY BE CHAIRPERSON OF THE CHEM- ADMINISTRATION, DEPARTMENT ICAL SAFETY AND HAZARD IN- OF TRANSPORTATION VESTIGATION BOARD Mr. MCCONNELL. Mr. President, I Mr. MCCONNELL. Mr. President, I ask unanimous consent that the Sen- ask unanimous consent that the Sen- ate proceed to the consideration of Ex- ate proceed to the consideration of the ecutive Calendar Nos. 211, 216, 249, 251, following nominations en bloc: Cal- 254, 255, 270, 271; that the commerce endar Nos. 250, 252, and 253; that the committee be discharged from further Senate vote on the nominations en bloc consideration of PN524 and that the without intervening action or debate; Senate vote without intervening action that the motions to reconsider be con- or debate on all of the nominations en sidered made and laid upon the table bloc; that the motions to reconsider be with no intervening action or debate; considered made and laid upon the that no further motions be in order to table with no intervening action or de- the nominations; that any statements bate; that no further motions be in related to the nominations be printed order to the nominations; that any in the RECORD; that the President be statements related to the nominations immediately notified of the Senate’s be printed in the RECORD; and that the action, and the Senate then resume President be immediately notified of legislative session. the Senate’s action. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Is there objection, it is so ordered. objection? The Senate proceeded to consider the Without objection, it is so ordered. nominations en bloc. The Senate proceeded to consider the The PRESIDING OFFICER. The nominations en bloc. question is, Will the Senate advise and

VerDate Sep 11 2014 05:50 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 E:\CR\FM\G05AU6.094 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE S6356 CONGRESSIONAL RECORD — SENATE August 5, 2015 consent to the nominations of Kristen The senior assistant legislative clerk APPOINTMENTS AUTHORITY Marie Kulinowski, of New York, to be a read as follows: Mr. MCCONNELL. Mr. President, I Member of the Chemical Safety and A concurrent resolution (H. Con. Res. 72) ask unanimous consent that notwith- Hazard Investigation Board for a term providing for a conditional adjournment of standing the upcoming adjournment of of five years; Vanessa Lorraine Allen the House of Representatives and a condi- the Senate, the President of the Sen- tional recess or adjournment of the Senate. Sutherland, of Virginia, to be a Mem- ate, the President pro tempore, and the ber of the Chemical Safety and Hazard There being no objection, the Senate majority and minority leaders be au- Investigation Board for a term of five proceeded to consider the concurrent thorized to make appointments to com- years; and Vanessa Lorraine Allen resolution. missions, committees, boards, con- Sutherland, of Virginia, to be Chair- Mr. MCCONNELL. I ask unanimous ferences or interparliamentary con- person of the Chemical Safety and Haz- consent that the concurrent resolution ferences authorized by law, by concur- ard Investigation Board for a term of be agreed to, the motion to reconsider rent action of the two Houses or by five years? be laid upon the table, and any state- order of the Senate. The nominations were confirmed en ments related to the concurrent resolu- The PRESIDING OFFICER. Without bloc. tion be printed in the RECORD. objection, it is so ordered. f The PRESIDING OFFICER. Without objection, it is so ordered. f LEGISLATIVE SESSION The concurrent resolution (H. Con. JOINT REFERRAL—NOMINATION The PRESIDING OFFICER. The Sen- Res. 72) was agreed to, as follows: ate will now resume legislative session. Mr. MCCONNELL. Mr. President, I H. CON. RES. 72 ask unanimous consent that, as in ex- f Resolved by the House of Representatives (the ecutive session, the nomination of Mi- UNANIMOUS CONSENT AGREE- Senate concurring), That when the House ad- chael Herman Michaud, of Maine, to be MENT—EXECUTIVE CALENDAR journs on any legislative day from Tuesday, Assistant Secretary of Labor for Vet- August 4, 2015, through Friday, September 4, Mr. MCCONNELL. Mr. President, I 2015, on a motion offered pursuant to this erans’ Employment and Training, sent ask unanimous consent that at 5 p.m. concurrent resolution by its Majority Leader to the Senate by the President, be re- on Tuesday, September 8, the Senate or his designee, it stand adjourned until 2:00 ferred jointly to the HELP and Vet- proceed to executive session to con- p.m. on Tuesday, September 8, 2015, or until erans’ Affairs Committees. sider the following nomination: Cal- the time of any reassembly pursuant to sec- The PRESIDING OFFICER. Without tion 2 of this concurrent resolution, which- objection, it is so ordered. endar No. 82, Roseann Ketchmark to be ever occurs first; and that when the Senate U.S. District Judge; that there be 30 The Senator from Utah. recesses or adjourns on any day from Tues- Mr. HATCH. Mr. President, I ask minutes for debate on the nomination day, August 4, 2015, through Saturday, Sep- equally divided in the usual form; that tember 5, 2015, on a motion offered pursuant unanimous consent that I be permitted upon the use or yielding back of time, to this concurrent resolution by its Majority to finish this speech regardless of time. the Senate vote without intervening Leader or his designee, it stand recessed or The PRESIDING OFFICER. Without action or debate on the nomination; adjourned until noon on Tuesday, September objection, it is so ordered. 8, 2015, or such other time on that day as that following disposition of the nomi- f may be specified by its Majority Leader or nation, the motion to reconsider be his designee in the motion to recess or ad- FINANCE COMMITTEE’S REPORT considered made and laid upon the journ, or until the time of any reassembly ON ITS INVESTIGATION OF THE table with no intervening action or de- pursuant to section 3 of this concurrent reso- IRS bate; that no further motions be in lution, whichever occurs first. order to the nomination; that any SEC. 2. (a) The Speaker or his designee, Mr. HATCH. Mr. President, earlier statements related to the nomination after consultation with the Minority Leader today, the Senate Finance Committee be printed in the RECORD; that the of the House, shall notify the Members of the finally and at long last issued its re- President be immediately notified of House to reassemble at such place and time port on its bipartisan investigation of as he may designate if, in his opinion, the the Senate’s action, and the Senate the IRS’s treatment of organizations public interest shall warrant it. applying for tax-exempt status. then resume legislative session. (b) After reassembling pursuant to sub- The PRESIDING OFFICER. Without section (a), when the House adjourns on a As you will recall, this investigation objection, it is so ordered. motion offered pursuant to this subsection began 2 years and 2 months ago after we became aware of allegations that f by its Majority Leader or his designee, the House shall again stand adjourned pursuant the IRS had targeted certain organiza- UNANIMOUS CONSENT AGREE- to the first section of this concurrent resolu- tions for extra and undue scrutiny MENT—NOMINATIONS IN STATUS tion. based on the groups’ names and polit- QUO SEC. 3. (a) The Majority Leader of the Sen- ical views. ate or his designee, after concurrence with These were serious allegations. In- Mr. MCCONNELL. As in executive the Minority Leader of the Senate, shall no- session, I ask unanimous consent that tify the Members of the Senate to reassem- deed, they struck at the very heart of all the nominations received by the ble at such place and time as he may des- the principle—one that everyone Senate during the 114th Congress, first ignate if, in his opinion, the public interest should agree on—that our Nation’s tax session, remain in status quo, notwith- shall warrant it. laws should be administered fairly and standing the provisions of rule XXXI, (b) After reassembling pursuant to sub- without regard to politics or partisan- paragraph 6, of the Standing Rules of section (a), when the Senate adjourns on a ship. Despite the inherently political the Senate. motion offered pursuant to this subsection nature of these allegations, the Fi- by its Majority Leader or his designee, the nance Committee, which has exclusive The PRESIDING OFFICER. Without Senate shall again stand adjourned pursuant objection, it is so ordered. to the first section of this concurrent resolu- legislative jurisdiction and primary f tion. oversight jurisdiction over the IRS, im- mediately opened a full bipartisan in- PROVIDING FOR A CONDITIONAL f vestigation into this matter. ADJOURNMENT OF THE HOUSE The investigation officially began on OF REPRESENTATIVES AND RE- SIGNING AUTHORITY May 21, 2013, under the direction of CESS OR ADJOURNMENT OF THE Mr. MCCONNELL. Mr. President, I former Chairman Max Baucus and my- SENATE ask unanimous consent that the junior self, when I was the ranking member. Mr. MCCONNELL. Mr. President, I Senator from West Virginia, the junior When Senator WYDEN assumed the ask unanimous consent that the Chair Senator from Arkansas, and the junior leadership of the committee last year, lay before the Senate H. Con. Res. 72, Senator from Missouri be authorized to he agreed to continue the bipartisan which was received from the House. sign duly enrolled bills or joint resolu- work we had begun, and I am very The PRESIDING OFFICER. The tions today through September 8, 2015. grateful to him. This bipartisan co- clerk will report the concurrent resolu- The PRESIDING OFFICER. Without operation has continued unabated since tion by title. objection, it is so ordered. I became chairman in January of this

VerDate Sep 11 2014 05:50 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 E:\CR\FM\G05AU6.081 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE August 5, 2015 CONGRESSIONAL RECORD — SENATE S6357 year. That investigation concludes The report clearly shows that con- political views directly resulted in dis- today with the release of our report. servative groups were singled out be- parate treatment for applicants affili- While much has been reported about cause of their political beliefs, and ated with the tea party and other con- the IRS’s political targeting over the gross mismanagement at the IRS al- servative causes. last 2 years, it is important to note lowed this practice to continue for Ms. Lerner orchestrated a process that the Senate Finance Committee years. that subjected applicants to multiple has conducted the only bipartisan in- We know the IRS systematically se- levels of review by numerous compo- vestigation into the matter. Con- lected tea party and other conservative nents within the IRS, thereby ensuring sequently, I believe the report we have organizations for heightened scrutiny, they would suffer long delays and be issued today will serve as the definitive in a manner wholly different from how required to answer burdensome and un- account of the personal political bi- the IRS processed applications sub- necessary questions. Lerner showed lit- ases, management failures, and other mitted by left-leaning and nonpartisan tle concern for conservative applicants, factors that led the IRS to unfairly organizations. Although the IRS knew even when Members of Congress in- target certain organizations applying that the tea party applications were quired on their behalf, allowing their for tax-exempt status. too dissimilar to be grouped under a applications to languish in the IRS bu- Once again, the public has a right to common template, it continued to seg- reaucracy for as long as 2 years with expect that the IRS will administer the regate them for screening and proc- little or no action. The IRS began to Tax Code with integrity and fairness in essing based on the presence of certain resolve these applications only after every context. Yet, for many conserv- key words or phrases in the applicants’ some of the problems became public in ative organizations that applied for names or applications, such as ‘‘Tea 2012, but, of course, by that time the tax-exempt status during the last 5 Party,’’ ‘‘9/12,’’ and ‘‘Patriots,’’ as well years, the IRS fell woefully short of damage had been done. as indicators of political views that in- Our investigation also uncovered a that standard. The committee’s bipar- cluded being concerned with govern- tisan report examined these events in pattern at the IRS of continually mis- ment debt, government spending or leading Congress about its handling of great detail. taxes, educating the public via advo- Let’s take a look at what we now applications submitted by tea party or- cacy, lobbying ‘‘to make America a know after 2 years of exhaustive inves- ganizations. Specifically, top IRS offi- better place to live’’ or being critical of tigation. We know that the White cials, including Doug Shulman, Steve how the country was being run. House’s focus on activities of tax-ex- Miller, and, of course, Lois Lerner, Some tried to mitigate these facts, empt organizations intensified after made numerous misrepresentations to claiming that the IRS similarly tar- the Supreme Court issued its Citizens Congress in 2012 and 2013 regarding the geted left-leaning groups. Indeed, this United decision in January 2010, culmi- IRS’s mistreatment of these groups. As argument is posited in the additional nating in many ways with President if that wasn’t bad enough, the IRS im- Democratic views. Obama’s wrongheaded castigation of peded congressional investigations—in- However, as our investigation made the Court in his State of the Union Ad- cluding our investigation—by failing to clear, the IRS’s treatment of conserv- dress and continuing throughout 2010 properly preserve a significant portion ative organizations was without ques- until the midterm elections. of Ms. Lerner’s emails and then con- tion different from that given to left- The Finance Committee’s report con- cealing the fact that the emails had leaning and nonpartisan organizations. tains clear evidence that the IRS and been lost from the committee for True enough, some liberal organiza- other agencies heeded the President’s months. call. For example, just a few weeks tions were also denied tax-exempt sta- tus during this period. However, with Long before these allegations sur- after the President’s speech before Con- faced, the IRS was already one of the gress, the IRS made a pivotal decision one exception that affected just two or- ganizations, all left-leaning organiza- most feared and loathed agencies of the to set aside all incoming tea party ap- Federal Government. Virtually all plications for special processing—a de- tions that were, according to the Democratic views, improperly treated Americans had some level of either ap- cision that would subject these organi- prehension or animosity toward the zations to long delays, burdensome had participated in activities that le- gitimately called their tax-exempt sta- IRS, due in large part to the power it questions, and would ultimately prove had to impact the lives of everyday, fatal to some of their applications. tus into question. The IRS did not target these groups hard-working taxpayers. Then, begin- Around that same time, the Depart- ning at least in 2010, if not sooner, the ment of Justice was considering wheth- based on their names or ideology. In- stead, it evaluated their actual activi- IRS made things even worse, dem- er it could bring criminal charges onstrating a pattern of incompetence, against 501(c)(4) organizations that en- ties that were known to the IRS—ac- tivities that, in many cases, properly mismanagement, political bias, and ob- gaged in political activities. The Fed- struction toward congressional over- eral Election Commission had also resulted in denial or revocation of tax- sight. As a result, the agency has in opened investigations into conserv- exempt status. many respects lost the public’s con- ative organizations that aired political That same deference and attention to fidence. ads. detail was not offered to tea party The IRS met with both agencies, pro- groups and other organizations. As a There is a lot of work that needs to viding input on the proposals of De- result, many of the tea party applicant be done if the agency is ever going to partment of Justice and information to groups gave up on the process, and restore that confidence and regain the the Federal Election Commission on some of these groups ceased to exist public’s trust. I believe the Finance organizations that were under inves- entirely, based, at least in part, on the Committee’s report gives the best ac- tigation. These actions leave little failure to obtain tax-exempt status. count we have of how that trust was doubt that, when Congress did not pass Once again, we know all this hap- broken. It spells out in great detail the legislation to reduce spending on polit- pened. It is spelled out in great detail organizational and personnel problems ical speech, the administration sought in the committee’s report. On top of all that plagued the agency and allowed alternative ways to accomplish the of this, our investigation revealed an partisan agendas and political trib- same goal. environment at the IRS where the po- alism to influence important decisions. Regardless of whether an explicit di- litical bias of individual employees I hope all of my colleagues will take rective was given, the President gave such as Lois Lerner—who was, once the time to examine this report and its the order to target conservative groups again, the Director of the Exempt Or- findings. The report itself is over 400 at every opportunity—the State of the ganizations unit—was allowed to influ- pages long and includes roughly 5,000 Union, in press conferences, and in TV ence agency decisionmaking. pages of additional supporting docu- interviews. He did not send a smoking The IRS’s upper management gave ments. In other words, all of my col- gun email because he did not need to. Ms. Lerner free rein to manage applica- leagues have a lot of reading to do over He gave the order for everyone to hear, tions for tax-exempt status. During our the August recess. I hope we will take and his political allies at the IRS fol- investigation, the Finance Committee a close look at the events detailed in lowed those orders. found evidence that Lerner’s personal the report and come together to work

VerDate Sep 11 2014 05:50 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 E:\CR\FM\G05AU6.083 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE S6358 CONGRESSIONAL RECORD — SENATE August 5, 2015 on legislative solutions that will pre- were targeted by the IRS because of Now let’s fast forward to May of 2013. vent this kind of misconduct from hap- their political views. At the conclusion of her remarks at an pening again in the future. My own view is that groups on the American Bar Association conference, In closing, I want to acknowledge the progressive side and groups on the con- the Director of the IRS tax-exempt or- hard work and countless hours of time servative side—both of them were han- ganizations division, Lois Lerner, dis- spent by the Finance Committee staff dled in a fashion that was unaccept- closed that IRS employees had selected who worked on this report. All told, able. Both were handled badly. So as 501(c)(4) applications by groups with they conducted over 30 exhaustive we kind of get into these issues—as I terms like ‘‘tea party’’ and ‘‘patriot’’ interviews and reviewed more than 1.5 say, I think it was a very thorough and in their name for further reviews. She million pages of documents. They also professional effort that was conducted stated that the IRS employees had drafted numerous versions of this re- to get at the facts. I want to kind of set done so simply because the applica- port and performed countless other the stage with some background. tions had those names in the title. tasks necessary to bring this investiga- Under our Federal tax laws, people Lerner described this process of select- tion to a close. The bipartisan com- can establish various types of tax-ex- ing cases for review because of a par- mittee staff whose diligence and devo- empt groups. There are different rules ticular name as ‘‘wrong,’’ ‘‘insensi- tion to duty made this investigation for each type. Under Section 501(c)(4), tive,’’ ‘‘inappropriate.’’ and report possible include the fol- an organization can be established as a A few days later, the Treasury In- lowing: John Angell, Kimberly Brandt, social welfare organization. One of the spector General For Tax Administra- John Carlo, Austin Coon, Michael rules for these social welfare organiza- tion, who is known as TIGTA, released Evans, Daniel Goshorn, Christopher tions is they have to be operated exclu- a report finding that the IRS ‘‘used in- Law, Jim Lyons, Todd Metcalf, Har- sively for social welfare purposes. That appropriate criteria that identified for rison Moore, Mark Prater and Tiffany has been interpreted since 1959 to rebuke Tea Party and other organiza- Smith. All of them deserve our grati- mean, among other things, that the or- tions applying for tax-exempt status tude for the work they have put in. ganization can engage in some political based on their names or policy posi- I also thank former Chairman Baucus campaign activity, but that cannot be tions instead of indications of potential for his work in starting this investiga- its primary activity. There is no pre- political campaign intervention.’’ tion, as well as my colleague Senator cise meaning of ‘‘primary’’ for this pur- At the time of these disclosures from pose, and exactly what constitutes ‘‘po- the IRS and the inspector general, WYDEN, who once again continued to there was a very serious concern that work with us in a bipartisan fashion to litical campaign activity’’ is similarly the singling out of conservative groups get us to this point. I personally appre- unclear. Another type of tax-exempt organiza- by name may have been a consequence ciate both of those gentlemen very tion is established under section 527. A of political bias or motivation on the much. I have to say it wasn’t easy for 527 organization can engage in an un- part of IRS employees, possibly at the them to sit through some of this stuff. limited amount of political campaign direction of political appointees at the Nevertheless, it has been a privilege to activity, but there is an important dis- IRS, the Treasury Department, or the work with them. tinction because a 527 organization has White House. Although the inspector This is the first of a number of to disclose the identity of its donors. general report found no evidence of po- speeches I will probably give on this Finally, the type of tax-exempt enti- litical bias or targeting by the IRS, subject. Hopefully it gives everybody a ty Americans are most familiar with— this was obviously a serious matter. little bit of an understanding as to why 501(c)(3)s are not allowed to engage in The then-chairman of the Finance we are so upset and a little bit of un- any political campaign activity. Committee, Chairman Baucus, and the derstanding about the report we have So now, with that as some legal then-ranking member of the com- issued today and have put on the Web background, let’s unpack the events we mittee, now our chairman, Senator page. looked at. HATCH, began an in-depth, bipartisan With that, I yield the floor. In February of 2010, the IRS Exempt investigation to assess the facts. The The PRESIDING OFFICER. The Sen- Organizations Determinations Office, investigation continued after I became ator from Oregon. located in Cincinnati, began processing chairman of the committee, and it has Mr. WYDEN. Mr. President, I want to the first application for 501(c)(4) status gone forward under Chairman HATCH thank the distinguished chairman from from a tea party group. Before long, this year. So our bipartisan inquiry has Utah. As Members will see from the the office was—as one IRS employee been underway for more than 2 years. views I am going to articulate, we have was quoted as saying, they were inun- In the course of the investigation, the some strong differences about how the dated with applications from tea party bipartisan committee staff has re- facts ought to be interpreted, but we groups, other conservative groups, and viewed more than 1.5 million pages of worked very closely together to ensure some progressive-leaning organiza- documents and interviewed 32 wit- that there would be one bipartisan tions. The additional Republican views nesses. compilation of the underlying facts. estimate that a total of 547 applica- At the committee’s request, the in- The two of us certainly agree that tions were the focus of our investiga- spector general has undertaken several there is evidence of vast bureaucratic tion; 65 percent were from tea party or related but separate investigations. bumbling at the IRS. conservative groups; 19 percent were The results of the investigation are in I will also say that a review of 1.5 from progressive organizations. To the the report the Finance Committee sub- million pages of emails and documents IRS employees in the tax-exempt orga- mitted to the Senate today. That con- and interviews with more than 30 IRS nizations division, these applications sists of a bipartisan report prepared by officials does not point to a single raised questions about whether the or- the committee staff and represents the shred of political interference. I think ganizations were planning to engage in views of Chairman HATCH and myself; as colleagues look at particularly the more political campaign activity than additional views of Chairman HATCH’s majority views and the minority the 501(c)(4) law allowed. prepared by the majority staff, which I views—set them aside for a moment; We also tried to assess the cause of will refer to as the additional Repub- the fact is, the facts of the report show the surge in applications, and I think it lican views; and my own additional that no order—no order was ever given would be fair to say no one really views, prepared by the minority staff, to target political groups. knows what was behind that. It may which I will refer to as the additional I am very pleased that we now have a have been related to the Supreme Democratic views. bipartisan report that was conducted Court’s Citizens United decision in In total, the principal parts of the re- here in the Congress. That is why the January of 2010 which knocked down port are 318 pages long, plus a 90-page bipartisan findings are especially im- some of the key limits on political chronology of events and another 5,000 portant. As I have stated, the findings campaign spending. It may have been or so pages of attached exhibits. contain absolutely no evidence to sup- related to the rise in citizen activism I certainly hope the report is going port the narrative that has been ad- embodied in the tea party movement, to clear away some of the smoke and vanced by other committees and some the Occupy movement. In any event, cut through some of the rhetoric to en- in the media that tea party groups there was a surge in applications. sure that all sides can see what really

VerDate Sep 11 2014 05:50 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 E:\CR\FM\G05AU6.085 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE August 5, 2015 CONGRESSIONAL RECORD — SENATE S6359 happened. The report also makes a se- In light of all of this, the bipartisan cern not just for Republicans, not just ries of recommendations, including bi- report concludes that ‘‘between 2010 for conservatives, but for every Amer- partisan recommendations, about how and 2013, the IRS failed to fulfill its ob- ican. Among the fundamental prin- to initiate reforms going forward. ligation to administer the tax law with ciples underpinning our system of gov- I would like to now describe the main integrity and fairness to all.’’ ernment are equal treatment for all conclusions that I draw from the re- At a time of rising political activity and an inviolate right to freedom of port. First and foremost, the IRS’s and under increased political scrutiny speech and expression. Both of these handling of this matter was an unmiti- and pressure after the Citizens United principles are especially important gated bureaucratic disaster. There decision: when it comes to the IRS, which has were some extenuating circumstances. Senior IRS executives, including Lerner, great power that must be exercised in The Citizens United decision had failed to properly manage political advocacy an evenhanded fashion. Of perhaps opened the floodgates to millions of cases with the sensitivity and promptness equal importance to an evenhanded ex- dollars flowing into political activities, that the applicants deserve. Other employees ercise of its authority, it is incumbent with 501(c)(4) organizations seeming to in the IRS failed to handle the cases with a on the IRS to take great care to ensure be one of the favored vehicles. As a re- proper level of urgency, which was sympto- against any perception that it is acting sult, the IRS was facing a dramatic in- matic of the overall culture within the IRS where customer service was not prioritized. because of bias, political or otherwise. crease in the number and complexity of In the committee’s investigation— applications for 501(c)(4) status. At the These are all findings of the bipar- which, as Chairman HATCH has noted, same time, the IRS was working with tisan report. went for more than 2 years—the bipar- vague regulatory standards that have Further, and I wish to make this tisan staff carefully reviewed the evi- not been updated since 1959. So the clear, most of the applications caught dence, and in contrast to the bipartisan staff at the IRS exempt organizations up in this mismanagement were tea analysis and recommendations I have division has one tough job. They were party or other conservative groups, in- just described, in this instance, the racing against a late-model Mustang in cluding in some cases small and rel- Democratic and Republican views have a 1959 jalopy. atively unsophisticated groups who come to different conclusions. The ad- Even taking that into account, the didn’t have the resources to engage in ditional Democratic views conclude IRS handled the situation badly. Es- a protracted review with the IRS. And that there is absolutely no evidence sentially, the IRS froze. The bipartisan I think we ought to make no mistake that there was an attempt to exert po- report shows that for more than 2 about it—these groups deserve much litical influence. The additional Repub- years, officials in the tax-exempt orga- better treatment from their govern- lican views—in contrast, in the 120 nizations division in both Cincinnati ment. pages—are trying to make the case and Washington failed to develop a If there is any good news in all of that there somehow, someway, must good system for processing 501(c)(4) ap- this, the Democratic view notes that have been political interference in- plications that seemed to present there have been some positive steps. issues about the group’s potential in- volved but without identifying any di- Four key employees in the IRS who rect evidence, documentary or other- volvement in political campaign activ- failed to manage properly have been re- ity. wise, to support the case. moved from their positions, the back- I wish to explain first by laying out During that time, the IRS staff and log of applications has largely been managers tried a variety of different the basic facts and then by responding eliminated, and all but 10 of the appli- to the main points in the additional approaches. They asked one of their ex- cations have now been resolved. perts on tax-exempt organization law Republican view. The bipartisan report recommends First, on the facts, according to the to focus on two test cases—in effect, several further steps that should be models. That took more than 8 months, report, the staff found no evidence of taken. It makes 16 recommendations, involvement by the White House or by and nothing really came of it. including such reforms promulgating Then they set up task forces, and Treasury Department political offi- objective criteria to trigger special re- they tried what has come to be known cials. None. The staff found no evidence view, prohibiting requests for donor as the infamous BOLO or ‘‘be on the that any political appointee in the lists, creating a position in the tax- lookout’’ list. They tried to get more Obama administration was involved in payer advocate dedicated to assisting information from applicants by asking the review of applications or in the es- applicants for tax-exempt status, and a long list of detailed questions. This tablishment of standards for their re- improving the system for tracking res- approach actually backfired because of view. None. olution of pending applications, with a the volume and the inappropriate na- As a side note, during most of the target of resolving applications within ture of the questions. relevant period, the IRS Commissioner The bumbling and the bureaucratic 270 days. was Mr. Douglas Shulman, who was ap- paralysis just went on and on. By my Now let me turn to this question of pointed by President Bush, and the count, there were seven different ef- political influence. Beyond the indis- principal official responsible for the forts over more than 2 years to figure putable gross management, another management of the relevant IRS ac- out how to handle these applications, important focus of our investigation tivities, Lois Lerner, was a career civil and the first six were for naught. By was to deal with these speculative servant who was named to her position December 2011, a total of 290 applica- charges and issues with respect to po- as Director of the tax-exempt organiza- tions for 501(c)(4) status had been set litical influence. When the original in- tions division by IRS Commissioner aside for further review. Two of these spector general report was issued in Mark Everson, who also was appointed applications have been successfully re- 2013, there was a concern that it looked by President Bush. solved, not 202. It wasn’t until the late like most of the groups that were In addition to finding no emails, no spring of 2012—more than 26 months caught up in all of this were conserv- memos, and no other documents indi- after the first tea party application ative-leaning groups, such as those cating there was an attempt to exert had arrived in Cincinnati—that the with ‘‘tea party’’ in their names. In political influence, the report indicates IRS finally started to get its act to- light of this, there was concern that we that the staff asked every IRS em- gether, setting up a triage group that might be looking at something that ployee who was directly involved in the was able to work through the backlog was much worse than bureaucratic review of the applications whether of applications more quickly. bungling. The concern was that there there had been any attempt to exert This process could and should have might have been an attempt to exert political influence over the handling of been handled better. Senior IRS leader- inappropriate political influence over applications or whether they saw any- ship should have recognized or been the process of reviewing applications one else processing applications in a made aware of the problem and should for tax-exempt status by disfavoring politically biased way. The staff asked have stepped in much earlier to de- certain applications because of their 25 people. Every single one of them said velop a system that provided fair and perceived political views. there was no political bias. expeditious processing of these applica- In my view, that would constitute a In addition, the inspector general tions. grave and completely legitimate con- audit that spurred the investigation

VerDate Sep 11 2014 05:50 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 E:\CR\FM\G05AU6.086 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE S6360 CONGRESSIONAL RECORD — SENATE August 5, 2015 also found no evidence of targeting or consider to be particularly suspicious: spending. So the Republicans on the political bias. Let me repeat that be- that in the 1.5 million pages of docu- committee would have us conclude cause there have obviously been some ments, the Republican staff found no that various relatively low-level career misconceptions. The 2013 inspector gen- instance in which Ms. Lerner, members government officials, without any di- eral audit found no evidence of polit- of her family, or her friends ‘‘expressed rect intervention whatsoever from the ical bias in 501(c)(4) processing. This is positive sentiments about the Repub- White House, from the Treasury De- discussed further in the committee’s lican Party, a specific Republican can- partment or from anybody else in a po- report, including an email from the didate, or the Tea Party.’’ sition of political authority, just deputy inspector general at the office So what we have is that Ms. Lerner’s sprang into action and engaged in a stating: ‘‘There was no indication that husband voted for Socialists, she is a conspiracy of some sort to harass con- pulling these applications was politi- Democrat, she supports same-sex mar- servative groups. I guess it was almost cally motivated.’’ There is an email riage, and she apparently doesn’t have conspiracy by osmosis. I find these ex- from the inspector general chief coun- a lot of Republican supporters among traordinary leaps to just defy logic. sel stating that the tea party was not her family. You just have to ask your- Federal civil servants are allowed to targeted. The inspector general himself self, what is this supposed to prove? have a political opinion. The President testified before our committee that no There is no evidence that any of these of the United States and Members of political motivation was found, and his views were brought to the actual re- Congress are allowed to express their office further stated that no relevant view of the application process, and views about the campaign finance sys- communications were found coming that, to me, is what is paramount. tem. Certainly some of Ms. Lerner’s from the White House or Treasury. Granted, the Republican views also personal emails were in poor taste, and Further, although more conserv- quote various other emails in which it may have been bad judgment for ative-leaning than progressive-leaning Ms. Lerner expresses support for Presi- someone in her position to be sending groups were affected, several progres- dent Obama or is critical—sometimes emails to her friends on her office com- sive organizations were subject to the harshly so—of the Republican Party puter expressing political opinions, but same kind of gross mismanagement, and specific Republican officials. To the only pertinent question here—the long delays, and inappropriate informa- my mind, this is pretty much irrele- only pertinent question—is whether tion requests that were experienced by vant chitchat. It is gossip. It is coffee- the political views of Ms. Lerner or the conservative organizations. The bi- shop talk, locker-room talk. As the other officials influenced the even- partisan report notes that terms such Democratic views puts it, ‘‘There is no handed administration of the law. Al- as ‘‘progressive’’ and ‘‘ACORN,’’ as well evidence that Lois Lerner allowed her though the majority points to numer- as terms intended to capture the var- political belief to affect how she car- ous embarrassing emails from Ms. ious Occupy Wall Street groups, were ried out her duties as a manager of the Lerner, they cannot point to even a included with ‘‘tea party’’ and ‘‘9/12’’ Exempt Organizations office.’’ single one where she directed or en- on the IRS BOLO list. Again, ‘‘progres- The Republican views also highlight couraged employees to exercise polit- sive’’ appeared on the same BOLO list Ms. Lerner’s views about the Supreme ical bias. as ‘‘tea party’’ from day one. The re- Court Citizens United decision. It is The majority views also make an- port also shows that progressive groups pretty obvious she didn’t like it. She other argument. They assert that sig- were subject to mismanagement, thought it threatened to unleash a nificantly more conservative-leaning delays, and intrusive questions from flood of unregulated money in the Fed- groups than progressive-leaning groups the IRS. eral campaign. The Republican views were affected by the dysfunction at the I also would like to respond to sev- even suggests that it was somehow ne- IRS and that this, in and of itself, eral other particulars to the additional farious that Ms. Lerner was closely fol- proves there was a bias against con- Republican views. Notwithstanding the lowing the Citizens United decision. servatives. This is a more serious argu- plain fact that there is no evidence of All of this tells us nothing. She was ment, but when you unpack this one, any attempt to exert political influ- the head of the IRS division respon- it, too, falls short. As I have said be- ence over the process, the additional sible for applying the law regarding the fore, it appears from the report that Republican views strive over the course appropriate level of political campaign most of the groups affected were con- of 120 pages to make the case that activity undertaken by 501(c)(4) organi- servative, but progressive groups were somehow, someway, somewhere, there zations. It would be odd, in my view, if affected too. The bipartisan report in- was something sinister going on. This she weren’t closely following Citizens dicates that progressive was on the is done through a combination of innu- United. It was an important decision BOLO list, along with ACORN and endo, speculation, and unjustified in- with major implications for political other terms such as ‘‘Occupy’’ that ference. campaign spending. were considered to indicate progressive The additional Republican views It is not surprising to me that she or Democratic-leaning political en- make much of the fact that the head of didn’t like the decision. Eighty percent gagement. the tax-exempt organizations division of Americans felt the same way. I am The report also shows the IRS con- and the principal person responsible for one of them. ducted workshops directing employees the management issues involved, Lois The Republicans also were exercised to look for terms such as ‘‘progressive’’ Lerner, appears to have been a Demo- that President Obama, various congres- and ‘‘Emerge’’ as well as ‘‘tea party.’’ crat with liberal views about some sional Democrats, and the Democratic Again, these groups suffered from the issues. Much is also made of the fact Party in general opposed the Citizens same sort of delays and intrusive ques- that the President and some congres- United decision and supported tighter tions that tea party and other conserv- sional Democrats wanted to impose limits on campaign spending. No ques- ative groups suffered from. tighter restrictions on campaign spend- tion that is true. But the Republican Nonetheless, Republicans on the ing. Put these two facts together—say, views make a remarkable leap. They committee insist the fact that more Republicans—and it becomes clear in say: conservative than progressive groups their view that the fix was in. were caught up in the IRS dysfunction However, the actual evidence to sup- Overall, it is apparent that the need for an explicit Presidential directive to target the necessarily means there was bias. How- port this theory is nonexistent. For ex- Tea Party and conservative organizations ever, this inference can be only drawn ample, the Republican views quote an was rendered unnecessary by the White if there were equal volumes of applica- email from Ms. Lerner’s husband in House’s frequent public statements con- tions coming into the IRS from con- which on election day he told her he demning political spending. Government servative and progressive groups. There had written in the names of Socialist agencies were acutely aware of the Presi- is just no evidence this was the case. Labor candidates on his ballot. They dent’s wishes and responded accordingly. Moreover, there is good reason to be- quote an email from Ms. Lerner—an So said the majority in their views. lieve that in the wake of Citizens email she wrote—celebrating Mary- Now, just think about that. Just kind United, the increasing volume of appli- land’s approval of same-sex marriage. of put your arms around that. The cations—particularly applications that And they note what they apparently President wanted to limit campaign raised serious issues about involvement

VerDate Sep 11 2014 05:50 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 E:\CR\FM\G05AU6.088 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE August 5, 2015 CONGRESSIONAL RECORD — SENATE S6361 in political campaign activity—came wrong by handling this case well. To reason to believe the potential loss of primarily from conservative-leaning put it more pointedly, I was surprised some of Lois Lerner’s emails com- groups. Independent watchdogs have this was considered to be in any way promised the investigation. determined that 80 percent of political relevant to our investigation. We recovered thousands of emails campaign spending by 501(c)(4)s was As the bipartisan report makes clear, covering this period from the relevant supported by conservatives, and the the IRS took far too long to review people corresponding with Ms. Lerner. IRS staff said they were inundated 501(c)(4) applications from tea party Even taking the potential loss of some with tea party applications. If that is and other groups, and it subjected emails into account, the bipartisan re- the case, it would be unsurprising that many of the groups to unnecessary port concludes that ‘‘the large volume most of the delays and other problems delay and inappropriate questioning, of information we have received gives included conservative groups. They but the fact that the IRS was able to us a high degree of confidence in the were mostly the ones who were apply- handle a few very different cases rea- accuracy of the conclusions reached ing. sonably well does not show a double during our investigation.’’ Again, I am not trying in any way to standard. In effect, the Republican Looking forward, Commissioner justify the poor treatment received by views compare apples and oranges. Koskinen is a skilled and experienced conservative groups, but the report Before closing, I want to briefly ad- leader. I am confident he is going to found no evidence that the typical con- dress several other matters covered in work closely and cooperatively with servative application was any more our report. The first is the crash of Chairman HATCH, with myself, with likely to be mistreated than the typ- Lois Lerner’s hard drive in 2011 which Democrats and Republicans on the ical progressive application, and with- resulted in the loss of some emails that Committee on Finance to continue to out such evidence it is inappropriate to may have been relevant to our inquiry. improve the operation of the IRS Ex- infer there was bias. Senator HATCH and I learned about empt Organizations Division. A third argument the Republican the hard drive crash in June 2014, just We also asked the inspector general views assert, which also falls short, is before we were originally planning to to investigate four other cases in which that there was a double standard: on release the committee’s report. The there have been allegations of political one hand the treatment of the conserv- two of us immediately asked the in- motivation by the IRS. One involved a ative groups caught up in the 501(c)(4) spector general to investigate to deter- White House official who referred to a dysfunction and on the other hand the mine whether there was evidence of in- specific company when criticizing the treatment of some nonprofit groups tentional wrongdoing and whether any use of tax loopholes. The question was supported by Democratic Senators. The of the lost emails could be recovered whether he had received inside infor- Republican views cite three cases in from other sources. mation from the IRS, and of course which Democratic Senators asked that The inspector general conducted a that would be a serious violation of the law. the review of applications for tax-ex- thorough investigation, which took The other cases involved conserv- empt status be expedited and where more than 1 year. Here is what the in- spector general found, as explained in ative groups that unfortunately had that apparently was done. They con- some of their confidential tax informa- trast the relatively quick resolution of the report: Although we do not know why her hard drive crashed, there is no tion inappropriately made public. these cases to the delays experienced These cases have generated intense evidence it was crashed intentionally. by tea party and other conservative ap- congressional interest and lawsuits. The inspector general was able to re- plicants for 501(c)(4) status. The underlying concern, similar to the On the face of it, the facts the three cover about 1,300 additional emails, and concern about the handling of the cases relied on do not support the Re- the inspector general found that some 501(c)(4) applications, was the serious publican inference there was a double potentially relevant backup tapes had and legitimate worry as to whether been unintentionally mishandled and standard. In the first place, according there had been an effort to exert polit- then destroyed, contrary to the docu- to the information in the report, the ical influence over the IRS—in effect, ment retention policy the IRS put in three groups supported by Democratic to use the IRS as a weapon against place after our investigation began. Senators had applied for 501(c)(3) sta- conservatives. tus, under which they can engage in no These findings have led to a significant Here, based on the information in the political activity. Further, in two of amount of criticism about the current report, the inspector general’s inves- the three cases there is nothing in the IRS Commissioner, Mr. John Koskinen. tigations have led to clear conclusions. report indicating the cases were par- Before closing, I want to make a cou- The inspector general investigation of ticularly difficult or controversial. ple of points in response to the criti- the White House official found he did In the Democratic views, it is noted cism of Commissioner Koskinen. First, not receive any confidential informa- the third case was a request for the ex- it is important to remember that the tion from the IRS. He apparently was peditious consideration of an applica- principal problems we have been talk- just shooting from the hip, which may tion for tax-exempt status by the One ing about—in other words, Chairman be bad judgment, but it is not a crime. Boston Foundation in order to facili- HATCH and I have been talking about In the three cases where confidential tate fundraising and assistance to these issues here for probably close to taxpayer information was inappropri- those who were the victims of the Bos- an hour regarding the IRS handling of ately disclosed, it was because of unin- ton Marathon terrorist attacks in applications for section 501(c)(4) sta- tentional mistakes by low-level IRS April of 2013. In that case, it appears tus—all occurred before Mr. Koskinen employees, some of whom have been from public reporting there was an un- came on board as IRS Commissioner in subject to administrative discipline. usual legal issue and that in part at December of 2013. In fact, during the These mistakes were regrettable, and the request of various public officials, entire period covered by the original the staff has made bipartisan rec- the IRS did in fact cut through some 2013 inspector general investigation, ommendations to prevent them from redtape and resolve the issue so this or- the IRS Commissioner was Mr. Doug recurring, but the bottom line is that ganization could get up and running Shulman, as I stated, appointed by in each of these cases there was no ef- quickly. President Bush. Although Mr. fort to exert political pressure. As far as I know, there are no allega- Koskinen inherited these problems, he In summary, our report tells a re- tions that the One Boston Foundation did not create them. grettable story. Many applicants for was anything remotely like a political Second, looking at how the IRS han- tax-exempt status were treated badly. organization, and I am not aware of dled the hard drive crash, I do think They were treated in an unacceptable any partisan or other controversy sur- Mr. Koskinen waited too long to in- way, and they deserved better service rounding it. I was surprised by the Re- form the Committee on Finance and from their government, but in the end publican views that apparently that the senior IRS leadership could this is a story about gross bureaucratic thought it was inappropriate or unfair have done a better job keeping track of dysfunction. It is not about an attempt for public officials to encourage the the backup tapes. That said, there is to exert political influence over or in- IRS to help get the organization up and zero evidence that these mistakes were ject political bias into how the IRS running or that the IRS did anything politically motivated, and there is no does its job.

VerDate Sep 11 2014 05:50 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00035 Fmt 0637 Sfmt 0634 E:\CR\FM\G05AU6.089 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE S6362 CONGRESSIONAL RECORD — SENATE August 5, 2015 Further, the main culprits are gone, IRS, and it was just an ordinary course be a little bit frightened that the IRS the system has been improved, the of events. They mistreated liberal can do that. I don’t want it done for committee has made a series of bipar- groups or progressive groups, so-called, liberal groups that way. If the Repub- tisan recommendations to improve it as much as they did the conservative licans were ever totally in control of further, and I think it is fair to say groups. the White House, the Justice Depart- that both Democrats and Republicans There is no question they didn’t. ment, the IRS, and the Treasury, I on the Senate Committee on Finance— There were very few progressive wouldn’t want anybody treated like Chairman HATCH has worked very groups, and it was easy to understand these conservative groups were treated. closely with me on this—are com- which ones they were looking at. My I would probably differ with some of mitted to making sure nothing like gosh, some of those have had criminal those conservative groups, myself. But this vast bureaucratic bungling ever accusations against them. There are they deserve to be treated with respect happens again. only a few of them, compared to the and with dignity and under the law. So we here in the Senate have more wide group of people on the conserv- And they were not. And we can’t just to do. We are going to have to do some ative side—that they knew were con- brush it off on just one person being hard thinking about one of the under- servatives and they put on the BOLO out of line. lying issues, which is the money and list, the ‘‘be on the lookout’’ list. I am very concerned about it. I sug- politics, including in the context of Now, yes, we weren’t able to get into gest people read the report. Read the tax-exempt organizations that are not the Treasury Department, and we report. supposed to be engaged primarily in po- weren’t able to get into the White There were some things we weren’t litical activity. House and what they did or didn’t do in able to look into. I wish we had been As part of this—and I respect the these areas. I don’t think we can read able. I think we might have been able views of Chairman HATCH and others this report and conclude that this is to more definitively lay this out. But who may disagree—I think the Con- just a terribly dysfunctional IRS. I to make a long story short, read the re- gress has to come up with better stand- think we can agree that we all knew port—something that my colleagues on ards. We ought to set—again, in a bi- that before we had this report. But this the other side agreed to. Then read the partisan way—to overhaul the 1959 reg- is a very serious report. minority views, then read the majority ulatory jalopy. Just put our arms By the way, the report is signed off views, and see what you think. But I around that one. Here we are in the by both Democrats and Republicans. will tell you this: You have to be digital world with so many changes in We can’t just wipe it away and say: alarmed. our country, and we still have the basic Well, this is just a bunch of bad apples The most dangerous agency in our 1959 approach to regulating these at the IRS. government happens to be the IRS, the issues. We ought to establish rules of Lois Lerner took the Fifth Amend- Internal Revenue Service. They can the road that fully respect First ment. She refused to testify in front of break anybody overnight. People are Amendment rights and also give all or- the House. Now, she had a right to do afraid of the IRS, and with good cause. ganizations—be they progressive, con- that, and I would be the first to stand When we see what happened here, they servative or in between; whatever they for that right. But why would she do are going to have to be even more fear- are—better guidance about what they that? ful—unless we can straighten this mess can and cannot do given their tax-ex- The fact of the matter is that it was up. I intend to see that it is straighten empt status. a dysfunctional IRS, and it was being up—or straightened out, may be a bet- My own view is, when it comes to managed by people who were bright ter way of saying it. money and politics, we really can’t get enough to not be dysfunctional. I am very concerned about this. We enough transparency. I hope we will be I am not going to say much more be- had people who were mistreated. I able to work on those issues in the fu- cause we will answer every one of the might not agree with them, but they ture. In fact, the last time we had a bi- distinguished Senator’s approaches were mistreated, in comparison with partisan bill here was in the last Con- here this evening. I would just suggest: the liberal groups, which you would gress, when Senator MURKOWSKI, our Read the report. It is signed off by have questions about them anyway— colleague from Alaska, joined me on a Democrats and Republicans. We can’t some of them. bill that said all major spending from just blow it off by saying this was just Well, I am sure we will debate this everywhere—wherever you were; pro- the dysfunction at the IRS. We all even more. I don’t want to take more gressive, conservative—essentially had know the IRS is dysfunctional, and of the Senate’s time tonight. But I am to be disclosed. So my own view is that part of the reason it is is that the IRS extremely concerned because I don’t we need more transparency, not less. is supposed to represent every citizen think there is an agency in government Mr. President, I have some brief re- in this country in a fair and balanced that causes more fear in the hearts of marks to make on another subject, un- way. But it is governed by a union. people than the IRS. And when we see less our chairman wants to make fur- They can’t even fire somebody at the the mess they did, we can’t just chalk ther comments. I will yield on this IRS without going through all kinds of it up to just a few rogue employees topic and let the chairman comment. hoops, and then they are going to have there at the IRS. When we see the mess Then after the chairman is done speak- a rough time firing them no matter they did, we have to stop and think: ing, I will ask unanimous consent—and how bad they are. We all know that. My, gosh, is this the way our country be certainly no more than 10 minutes We have seen it year after year here. is run? Is this the way the IRS is run? on another subject—to speak after the To just brush this off like it is just one Can we do anything about it? Or do we chairman has had a chance. bad apple there—there are more apples just have to, as citizens, sit back and The PRESIDING OFFICER. The Sen- there than Lois Lerner. forget about it? ator from Utah. All I can say is this report is a very Well, we are not going to let them Mr. HATCH. Mr. President, I thank serious report. It can’t be just brushed forget about it. This is a very, very im- my colleague. away. It is a serious report for many portant report. I think the majority Look, people can make up their own reasons. and minority views are worth reading. minds about this. Read the doggone re- One reason is that conservative I don’t see how we can conclude at the port. We cannot read it and just say: groups, by a vast majority, were mis- end of it that there is not a tremendous Brush it off; there is just one rogue em- treated—and mistreated in election problem there. ployee there. There are all kinds of em- years, where they were trying to make Keep in mind that when the inspector ployees that are mentioned in the re- a difference. I am not saying I agree general investigates and if he doesn’t port. We can’t just wipe it off because with them. All I can say is they had a find an absolute, they say he doesn’t we were unable to interview the Treas- right to get their 501(c)(4) status deter- find anything. They are not going to ury Department or the White House. mined and not just dragged out past pick on anybody. I have a lot of respect We can’t just wipe it off, when we look the election. for the inspector general at the IRS. I at all the information there, and just That alone is something that ought remember his being criticized because say: Well, this was a bad apple in the to cause everybody in this country to apparently he is a Republican. But he

VerDate Sep 11 2014 05:50 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00036 Fmt 0637 Sfmt 0634 E:\CR\FM\G05AU6.090 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE August 5, 2015 CONGRESSIONAL RECORD — SENATE S6363 is not going to accuse anybody if he well increase to almost $1.8 billion by introduced this legislation that des- doesn’t have the evidence. 2025. This vicious cycle of underfunding ignates the Federal building in Helena- In this case, there is a whole accumu- prevention work while huge infernos West Helena, AR, the Jacob Trieber lation of evidence that we cannot ig- burn up Federal fire suppression ac- Federal Building, United States Post nore and just brush away under the counts is going to get worse, and what Office, and Court House. guise that this is just a rogue person. we are going to see as it does is the Judge Trieber’s name will appro- There were other people there as well Forest Service becoming the fire serv- priately mark this building and stand who caused this calamitous set of ice. That is not in America’s interest. as a symbol of his significant work not events, and we have to not just brush it It is particularly damaging to my part only for the people of Arkansas but away. We have to look at it, and we of the country. also for the entire United States. have to find a way of straightening out I am pleased to be able to say that, in I thank Senator BOXER and Senator the IRS so it is not a partisan institu- the last 24 hours, we have made some INHOFE for helping us advance this in a tion—which most Americans believe it real progress in addressing this chal- timely fashion and also the staff of the is, and almost every conservative be- lenge. There is a commitment on both EPW and the cloakroom staff who does lieves it is. sides of the aisle now, here in the Sen- such an outstanding job here. Now, we are making some strides ate, to get this fixed this fall. Mr. President, I ask unanimous con- here, and I am going to continue to (The remarks of Mr. WYDEN per- sent that the Committee on Environ- push on to see that we make strides. taining to the submission of S. Res. 246 ment and Public Works be discharged But I have to say, ask the American are printed in today’s RECORD under from further consideration of S. 1707 people out there what they think. Read ‘‘Submitted Resolutions.’’) and the Senate proceed to its imme- the report, and then we will talk about Mr. WYDEN. I yield the floor. diate consideration. it some more. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without I yield the floor. ator from Arkansas. objection, it is so ordered. The PRESIDING OFFICER. The Sen- f The clerk will report the bill by title. ator from Oregon. The legislative clerk read as follows: JACOB TRIEBER FEDERAL BUILD- Mr. WYDEN. Mr. President, I will be A bill (S. 1707) to designate the Federal very brief. I thank my colleague from ING, UNITED STATES POST OF- building located at 617 Walnut Street in Hel- Arkansas for his patience. I know he FICE, AND UNITED STATES ena, Arkansas, as the ‘‘Jacob Trieber Federal has things he has to have done as well. COURT HOUSE Building, United States Post Office, and United States Court House.’’ f Mr. BOOZMAN. Mr. President, I wish to talk about S. 1707, which will name There being no objection, the Senate FEDERAL WILDFIRE BUDGETING the Federal building located at 617 proceeded to consider the bill. SYSTEM Walnut Street in Helena, AR, as the Mr. BOOZMAN. Mr. President, I ask Mr. WYDEN. I was down here on the Jacob Trieber Federal Building, United unanimous consent that the bill be floor last night talking about the need States Post Office, and United States read a third time and passed and the for actually getting some real progress Courthouse. motion to reconsider be considered to fix the mess that the wildfire budg- The Honorable Jacob Trieber paved made and laid upon the table with no eting system in our country has be- the way for diversity on the Federal intervening action or debate. come. bench as the first Jewish Federal The PRESIDING OFFICER. Without I noted there have been several pro- judge. His work on the bench helped objection, it is so ordered. posals offered, including one by myself fight injustice and laid the foundation The bill (S. 1707) was ordered to be and Senator CRAPO called the Wildfire for equality with a lasting civic legacy engrossed for a third reading, was read Disaster Funding Act, referred to the that continues to impact our country. the third time, and passed, as follows: Budget Committee. There have been Born on October 6, 1853, in Raschkow, S. 1707 hearings held. There have been speech- Prussia, a young Jacob Trieber and his Be it enacted by the Senate and House of Rep- es given about the need to fix the bro- family escaped the growing anti-Semi- resentatives of the United States of America in ken system to provide Federal agencies tism in Prussia and moved to the Congress assembled, with the help they need to battle the United States. In a few short years SECTION 1. JACOB TRIEBER FEDERAL BUILDING, devastating blazes year in and year they established their homestead and a UNITED STATES POST OFFICE, AND UNITED STATES COURT HOUSE. RAPO out. Senator C and I have intro- family story in Helena, AR. In 1873, he (a) DESIGNATION.—The Federal building lo- duced a bill to fix this broken system, began to study law, and 3 years later he cated at 617 Walnut Street in Helena, Arkan- and we need to get some real results. entered the Arkansas Bar. In 1897, he sas, shall be known and designated as the In spite of all the talk, there hasn’t was appointed U.S. attorney for the ‘‘Jacob Trieber Federal Building, United been any real action. Twenty-four Eastern District of Arkansas in Little States Post Office, and United States Court hours later and I am back, pleased to Rock. House’’. be able to stand here tonight to say Three years later, on July 26, 1900, (b) REFERENCES.—Any reference in a law, several of our colleagues have heeded President William McKinley appointed map, regulation, document, paper, or other record of the United States to the Federal my call, and tomorrow I will be putting Jacob Trieber to the Federal bench, building referred to in subsection (a) shall be into the CONGRESSIONAL RECORD a col- where for 27 years Judge Trieber served deemed to be a reference to the ‘‘Jacob loquy with all of our signatures— on the U.S. Circuit Court for the East- Trieber Federal Building, United States Post Democrats and Republicans—com- ern District of Arkansas. Judge Trieber Office, and United States Court House’’. mitted to resolving this issue in the was committed to equal justice for all Mr. BOOZMAN. Mr. President, I sug- fall. We have been working since last and ruled for equality for African gest the absence of a quorum. night to set aside a way to work to- Americans and women. The PRESIDING OFFICER. The gether this summer, with the fires in Judge Trieber had astounding fore- clerk will call the roll. the West literally fueling the hunger to sight. Many of his rulings were impor- The legislative clerk proceeded to take meaningful steps this fall, to fi- tant to civil rights and wildlife con- call the roll. nally end fire borrowing, and to ensure servation. He also was committed to Mr. GARDNER. Mr. President, I ask that Federal agencies have the re- his local Arkansas community and unanimous consent that the order for sources they need to prevent these in- served as elected official on the Helena the quorum call be rescinded. fernos from igniting in the first place. City Council and as the Phillips Coun- The PRESIDING OFFICER. Without Just today, the Forest Service re- ty treasurer. objection, it is so ordered. leased a report that makes the very Judge Trieber played an influential f clear point that, for the first time in role in saving the Old State House and its history, the Forest Service is rou- establishing the Arkansas State Tuber- REMEMBERING ED LANE tinely spending more than half of its culosis Sanatorium. Mr. MCCONNELL. Mr. President, I budget battling wildfires. They note In honor of Judge Jacob Trieber, Sen- rise to mourn the loss of an honored that the cost of fire suppression could ator COTTON, Senator COONS, and I have Kentuckian, renowned businessman,

VerDate Sep 11 2014 01:15 Aug 07, 2015 Jkt 049060 PO 00000 Frm 00037 Fmt 0637 Sfmt 0634 E:\RECORD15\S05AU5.REC S05AU5 bjneal on DSK6SPTVN1PROD with CONG-REC-ONLINE S6364 CONGRESSIONAL RECORD — SENATE August 5, 2015 and public servant, and my personal Lane, a longtime commercial real-estate regularly as he scouted new locations for the friend, Ed Lane. After battling cancer broker, had battled cancer for more than two company, and he was involved in many site for more than 2 years, Ed passed away years, according to a statement Monday acquisitions for Long John Silver’s Seafood on August 2. He was 73 years old. afternoon from The Lane Report, an online Shoppes nationwide. Ed was passionate about supporting and monthly print magazine of business In 1981, Lane started the Lexington-based news. commercial real-estate brokerage Lane Con- his hometown of Lexington and the He made his first run for public office in sultants and, later, Lane Communications Commonwealth of Kentucky. He was 2004, when he was elected to represent the Group, publisher of The Lane Report. well connected to the State’s business 12th District on the council. He took office Running a magazine is ‘‘a risk that very community through his work as a com- in 2005 and had been re-elected to two-year few people have been able to be successful mercial real estate broker. Seeing a terms ever since. in,’’ but Lane ‘‘did it terrifically well,’’ said need for a publication for and about Lane is survived by daughters Susan Brett Jim Host, founder of Host Communications Kentucky business, he founded and was Lane and Katherine Meredith Lane, who and former Kentucky secretary of com- the publisher of the Lane Report, a were with him when he died, according to merce. The Lane Report. great business news magazine for Ken- ‘‘It ended up kind of being the official busi- ‘‘The staff is saddened by the passing of an ness magazine of the state,’’ he said. tucky. amazing man, but it is lessened by how we Host said Lane was kind, insightful and Encouraged by his friends in the marvel at the legacy Ed Lane leaves,’’ said had a non-threatening demeanor during community to seek public office, Ed Mark Green, editorial director of Lane Com- interviews ‘‘but also really got to the core of also represented the 12th District of munications Group. what he was trying to communicate.’’ Lexington on the Lexington-Fayette ‘‘His energy, his intelligence, his enthu- ‘‘I admired the dickens out of him,’’ Host Urban County Government Council siasm, his optimism and concern for his fam- said. since 2005. He was reelected without op- ily, community and the nation will be Former councilman Doug Martin said he position in 2014. As a council member, missed but will continue to influence us. He and Lane were from opposite ends of the po- was a true leader. The man had enthusiasm litical spectrum, but they enjoyed breaking he brought his business experience and for life.’’ his wisdom to fight for and represent bread together in a restaurant or at Lane’s Mayor Jim Gray issued a statement: ‘‘Not home. Lexington businesses and his district. only was Ed highly successful in his own ‘‘He was a fine chef,’’ said Martin, who sat In addition to his public service as a business, he was an outstanding public serv- next to Lane in the council chambers from council member, Ed supported his com- ant who brought his business experience and 2009 to 2013. ‘‘He was always very proud of munity through many philanthropic ef- expertise to City Hall to fight for coming up with some great concoction or forts and volunteer service. He served Lexington’s business men and women. He some great recipe or some great ingredient on the boards of many community, arts also was a strong advocate for his district. that he’d found. He would have pots of herbs Our city will miss his leadership and experi- and fish and seasonings, and it would all just and civic organizations, including the ence.’’ Breeders’ Cup Host Committee, the UK kind of stew together, and it would end up in Sen. Mitch McConnell said he ‘‘was sad- this fabulous presentation.’’ Sanders-Brown Center of Aging Foun- dened to hear of the passing of my good Services will be at 7 p.m. Aug. 15 at Kerr dation Board, the Lexington Downtown friend Ed Lane. Ed was a dedicated public Brothers Funeral Home on Harrodsburg Development Authority Board, the servant and a tireless advocate for the people Road. Visitation will begin at 6 p.m. of Kentucky. He was also a successful busi- Lexington-Fayette Urban County Air- f port Board, the Kentucky Arts Council, nessman and publisher. I always enjoyed the 2010 FEI World Equestrian Games reading the Lane Report, a great publication TRIBUTE TO JIM RUTLEDGE for and about Kentucky’s business commu- Advisory Committee, LexArts, the Lex- nity, especially Ed’s engaging ‘One-on-One’ Mr. MCCONNELL. Mr. President, I ington Ballet, the Lexington Phil- interviews.’’ rise to recognize and congratulate a harmonic, the Better Business Bureau Councilman Bill Farmer Jr. said Lane’s distinguished Kentuckian who is close- of Lexington, Junior Achievement of knowledge about real estate proved valuable ly associated with the Common- the Bluegrass, the Mayor’s American whenever the council considered whether to wealth’s most famous product. Jim Recovery and Reinvestment Act Com- buy property. Rutledge, the master distiller of Four mittee, the Fayette County Equine ‘‘He could make or break any land deal,’’ Roses Bourbon, has announced his re- Farmer said. ‘‘He could sit and go through Task Force, the Commerce Lexington the numbers at the microphone, off the top tirement from that position effective Agribusiness Committee, and others. of his head, about what the overhead would September 1, 2015. Ed was an artist, photographer, and be, how much something would cost, what Jim is in his 49th year working in the art collector. He loved cooking, read- the cost would be per square foot. . . . He bourbon business, and has been the ing, gardening, and talking politics. He could look at any deal like that and criticize master distiller at Four Roses since also loved fast cars, earning him the it or laud it, and immediately you would go, 1995. As master distiller, Jim is in nickname ‘‘Fast Eddie’’ in the 1960s. Ed ‘Yep, that’s it and why.’ ’’ charge of perfecting each Four Roses That talent for finances made Lane a is survived by his daughters Susan bottle. He oversees every stage of the Brett Lane and Katherine Meredith strong member of the council, former Mayor Jim Newberry said. distillation process and oversees the Lane. ‘‘His financial acumen was way above aver- character, quality and consistency of I was deeply saddened to hear of Ed’s age,’’ Newberry said. ‘‘He was really helpful each barrel. passing. He was a good friend, and I al- when it came to budget issues or the pension Jim began his career in the distilled ways enjoyed reading the Lane Report, problems, or whether or not we ought to refi- spirits industry with Seagram’s Louis- especially Ed’s engaging One-on-One nance bonds.’’ ville Research & Development oper- interviews. Elaine and I send our con- He said Lane also was ‘‘a fun person to be around’’ and they became good friends. ation in 1966. He was transferred to the dolences to his family. Four Roses distillery in Lawrenceburg, The Lexington Herald-Leader re- ‘‘Ed just had a personality that I would characterize as delightful,’’ Newberry said. as the Kentucky area manager, in 1994 cently published an article detailing He ‘‘had a good sense of humor, didn’t get and then named master distiller in Ed’s life and achievements. I ask unan- too worked up about things, certainly didn’t 1995. In 1998, Jim received Seagram’s imous consent that said article be take himself or what he was doing too seri- top award, the Mel Griffin Quality printed in the RECORD. ously. . . . He gave a lot to the community Award for North America, and in 2001, There being no objection, the mate- and had so much more to give.’’ Jim was indicted into the inaugural Lane was born in Nashville and graduated rial was ordered to be printed in the class of the Kentucky Bourbon Hall of RECORD, as follows: from the University of Georgia. After college, he worked for a major adver- Fame. [From the Lexington Herald-Leader, Aug. 3, tising agency in New York for a couple of In 2007, Jim received the Lifetime 2015] years, according to The Lane Report website. Achievement Award from Malt Advo- LEXINGTON COUNCIL MEMBER, BUSINESS MAG- He later moved to Atlanta, where he was cate Magazine, and in 2008, the leading AZINE FOUNDER AND PUBLISHER ED LANE sales manager for WRNG radio and was DIES AT 73 liquor industry publication, Whisky president of the Atlanta Young Republicans. Magazine, named him the Ambassador (By Greg Kocher and Karla Ward) He also got into the commercial real-es- Lexington Urban County Councilman tate business, which led to a job as national of the Year for American Whiskies as Edwin ‘‘Ed’’ Green Lane III, founder and pub- director of real estate for Lexington-based part of their annual Icons of Whisky lisher of The Lane Report magazine, died Jerrico in its Atlanta regional office, The Awards. Jim was also inducted into Sunday night. He was 73. Lane Report said. Lane came to Lexington Whisky Magazine’s Hall of Fame in

VerDate Sep 11 2014 05:50 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 E:\CR\FM\G05AU6.065 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE August 5, 2015 CONGRESSIONAL RECORD — SENATE S6365 2013. He was only the second American Today, Danielle Blakeney and her Medicare was enacted. In fact, Medi- inducted into this elite group. fellow athletes are the inheritors of care was implemented during my ten- Jim was also active with the Ken- that legacy. I want to congratulate ure on the board of trustees for the tucky Distillers Association board of Danielle for her many athletic achieve- Southern Nevada Memorial Hospital, directors for 13 years, and served as ments. She truly makes Kentucky now the University Medical Center of chairman of the internationally at- proud and we are pleased she will be Southern Nevada. Prior to Medicare, 40 tended Kentucky Bourbon Festival for bringing her medals home to the Blue- percent of seniors who came into that 7 of the 9 years he was on the board. grass State. hospital were required to have a signa- The Kentucky Bourbon Festival is a 6- f ture from a friend or relative who day event that takes place in agreed to be responsible for their med- RECOGNIZING THE ANNIVER- Bardstown, KY. ical bill if they could not pay. If the pa- SARIES OF SOCIAL SECURITY, Jim graduated from the University of tient could not produce a signature, MEDICARE, AND MEDICAID Louisville with a BSC in marketing they were turned away. Nationwide, and a minor in chemistry. Let me add Mr. REID. Mr. President, I rise today nearly half of all seniors age 65 and that not only did Jim and I both attend to recognize the respective anniver- older were uninsured, and if you were the University of Louisville, we are saries of three of the most important fortunate enough to have health insur- also fraternity brothers. programs for American seniors: Social ance, you paid more than 50 percent of In retirement, Jim hopes to stay in- Security, Medicare, and Medicaid. the cost out-of-pocket. That is how bad volved with bourbon and the distilled On August 14, 1935, President Frank- it was for seniors. Today, 98 percent of spirits industry. I suspect he will also lin D. Roosevelt signed the Social Se- all seniors are insured and can go to get to spend more time with his wife curity Act into law. Among other the hospital or see their doctor when Beverly Anne, as well as his children things, this bill created the Social Se- they need care. This program has truly Dennis, Deborah, Cynthia, and Doralee, curity Program and made a promise to been a lifeline for millions of seniors and his grandchildren. all Americans: that if you work hard, throughout the country. And let us not forget about Medicaid, Jim will be missed as the face of contribute, and play by the rules, you which was also created under the So- Four Roses Bourbon but I know the en- can retire and live in dignity. Before Social Security, more than 50 cial Security Amendments of 1965. tire distilled spirits industry in Ken- percent of older Americans in this Medicaid provides health care and tucky joins me in recognizing his life- country lived in poverty. Many of these long-term services to 16 million low-in- time of accomplishment and wishing seniors worked hard their entire lives come seniors and individuals with dis- him the best in retirement. I want to but became dependent on others and abilities. Medicaid pays for services wish congratulations again to Jim Rut- often had to beg for basic necessities, that Medicare does not cover. It en- ledge for his many successes in the such as food, shelter, and medical care. sures that low-income seniors and indi- world of bourbon. ‘‘Poverty-ridden old age’’ was a press- viduals with disabilities have access to f ing national concern both for seniors a wide variety of services. These op- TRIBUTE TO DANIELLE BLAKENEY and younger Americans, who wondered tions often allow them to remain in if their years of hard work would pro- their communities rather than relo- Mr. MCCONNELL. Mr. President, I vide enough for them to survive in cating to nursing homes. rise to pay tribute to an honored Ken- I have long worked to protect and tuckian who is bringing home Olympic their old age. Today, less than 9 percent of seniors strengthen Medicare and Medicaid for gold. Danielle Blakeney of Erlanger is live in poverty. This significant de- the millions of seniors and younger a rhythmic gymnast who has won three crease in poverty among seniors is a di- Americans who depend on these bene- gold medals at the 2015 Special Olym- rect result of Social Security and the fits. In 2010, I proudly cast my vote in pics World Games in Los Angeles. secure retirement it provides. support of the Affordable Care Act, Danielle won the gold medal in the As we approach the program’s 80th which is strengthening Medicare and ball routine competition. She also won anniversary, Social Security is the working to keep seniors’ hard-earned gold in all-around rhythmic gym- most successful program in American savings in their own pockets. Since nastics, and was part of the gold history, and its trust fund contains suf- this law was enacted, millions of sen- medal-winning team in the group ball ficient assets to fully fund all promised iors throughout the country have saved competition. benefits for almost 20 years. Yet, not- more than $15 billion dollars on their Danielle also won a silver medal in withstanding its success, Social Secu- prescription drug costs and the pro- the ribbon competition, a bronze medal rity remains deeply controversial gram’s solvency has been extended for in the clubs competition, and placed among many Republicans and super- 13 years. The Affordable Care Act has fifth in the hoop competition. wealthy Americans, who are com- also given States the option of expand- Danielle is 24 years old and a grad- mitted to weakening and ultimately ing their Medicaid Programs so that uate of Boone County High School. She destroying the program. more low-income Americans can access is one of six Kentucky athletes com- Just 10 years ago, President George the care they need. peting in this year’s Special Olympics, W. Bush tried to privatize Social Secu- Sadly, Republicans have repeatedly among 7,000 athletes representing 177 rity, which would have forced deep cuts attacked and tried to eliminate Medi- countries. to guaranteed benefits and a massive care and Medicaid, just as they have Danielle is no stranger to winning increase in debt. More recently, several done with Social Security. Throughout medals. She is competing in her second leading Republicans have called for de- the last 50 years, they have tried to Special Olympics World Games. In ad- laying the retirement age and cutting privatize Medicare, convert Medicaid dition to winning the all-around gold benefits. I have strongly opposed all into a block grant program, and cut medal in rhythmic gymnastics at the these proposals to break our promises benefits for both programs. Now, they 2011 Games in Athens, Greece, she won to seniors, and I will continue to do so. have set their sights on the Affordable two golds, a silver and a bronze in indi- On July 30, 1965, President Lyndon B. Care Act, with repeated challenges to vidual events at that games as well. Johnson expanded our Nation’s com- the law before the courts, more than 50 The mission of the Special Olympics mitment to seniors by signing into law votes to repeal or undermine the law, is to provide year-round sports training the Social Security Amendments of and Republican Governors turning and athletic competition in a variety 1965—the legislation that created Medi- back millions of Federal dollars to ex- of Olympic-type sports for children and care. For 50 years, this program has pand their Medicaid Programs and ex- adults with intellectual disabilities, helped millions of American seniors pand access to health care in their giving them the opportunity to see the live longer, healthier lives and has also States. Republicans are determined to power of sport change lives. The first provided them with the peace-of-mind destroy effective health care programs Special Olympics Games was held in and economic security that comes with in spite of all the good they have done, 1968 in Chicago, and saw a thousand having comprehensive health coverage. but my Democratic colleagues and I people with intellectual disabilities I remember what it was like for sen- will continue to work to prevent this from 26 States and Canada participate. iors who became sick or injured before from happening.

VerDate Sep 11 2014 05:50 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00039 Fmt 0637 Sfmt 0634 E:\CR\FM\G05AU6.077 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE S6366 CONGRESSIONAL RECORD — SENATE August 5, 2015 As President Roosevelt signed the WOOD DALE AND GRAYSLAKE, COMPOUNDED PHARMACEUTICALS Social Security Act into law 80 years ILLINOIS STORMS IN THE DEPARTMENT OF DEFENSE ago, he said, ‘‘Today, a hope of many Mr. DURBIN. Mr. President, we all years’ standing is in large part fulfilled Mr. DURBIN. Mr. President, once again, Illinois communities are assess- know the Department of Defense’s . . . We have tried to frame a law record with bungled acquisitions that which will give some measure of pro- ing damage from severe storms. A con- firmed tornado along with heavy led to $500 hammers and $7,000 coffee tection to the average citizen and to makers. The Pentagon has a tough his family against the loss of a job and winds, hail, and lightning moved through the Chicago area on Sunday time keeping up with unscrupulous against poverty-ridden old age.’’ Simi- contractors who have figured out how larly, five decades ago President John- leaving a path of damage in several communities. to get rich on the taxpayer’s dime, and son declared, ‘‘No longer will Ameri- unfortunately I have learned of yet an- The city of Wood Dale was hit Sun- cans be denied the healing miracle of other example of this. modern medicine. No longer will illness day afternoon during the last day of its Several dozen pharmacies around the crush and destroy the savings that Prairie Fest, an annual 4-day festival country specialize in compound phar- they have so carefully put away over a with rides, food, and music. Due to the maceuticals. These are drugs that are lifetime so that they might enjoy dig- storm, rides were stopped and orga- combinations of two or more prescrip- nity in their later years.’’ Let us re- nizers tried to evacuate. But the storm tion medications. Many of these phar- main mindful of these words and the approached too quickly, and its winds macies are on the up-and-up, helping promise that our country has made to knocked down the festival’s main tent people, and our servicemembers, re- seniors as we commemorate the 80th where many people had gathered to cover from illnesses or wounds. But a anniversary of Social Security and the take shelter. good number of these compounding 50th anniversary of Medicare and Med- Twenty people were hurt and, trag- pharmacies have linked up with high- icaid. I am committed—just as Presi- ically, Steven Nincic was killed. He pressure salesmen and disreputable dent Roosevelt and President Johnson was at the festival with his wife and physicians to scam the Department of were decades ago—to giving Americans two young daughters. Our thoughts and Defense out of as much as $1.2 billion the health and economic security they prayers are with Steven Nincic’s fam- in taxpayer money in this year alone. need, deserve, and have earned. ily, as they are with those who were in- The sales pitch went like this. A U.S. f jured by the storm. I spoke this morn- servicemember, a military retiree, or CELEBRATING THE 20TH ANNIVER- ing with Wood Dale’s Mayor Nunzio their spouse might get a phone call at SARY OF THE UNITED LABOR Pulice, and I know he is leading the home asking whether a TRICARE bene- AGENCY OF NEVADA community through this loss. ficiary is suffering from pain. The tele- marketer might ask a few simple ques- Mr. REID. Mr. President, I rise today Severe weather continued through- tions, get a little bit of personal infor- to recognize the 20th anniversary of out the day in the Chicago area. Chi- mation, and suddenly, weeks later, pre- the United Labor Agency of Nevada. cago’s Lollapalooza music festival scription creams would start showing Since it was established in a joint evacuated its festival grounds at Grant venture with United Way of Southern Park before its scheduled closing. up in the mail. In other cases, a food Nevada and Nevada State AFL–CIO in Mayor Emanuel and I also spoke this truck may pull up in front of a mili- 1995, the United Labor Agency of Ne- morning. He is working to assess the tary base. If a servicemember wanted a vada, ULAN, has been assisting Nevada damage and help residents clean up and hot dog, he or she could listen to a families who are experiencing unex- recover from the damage. pitch about compounded pharma- pected crises. Whether it be job loss or My office is also in touch with Mayor ceuticals and sign a piece of paper. In a medical emergency, ULAN provides Rhett Taylor of the Village of many cases, that servicemember had individuals and families throughout Grayslake, Mayor Kristina Kovarik no idea they were signing up for an ex- our community with assistance so they with Village of Gurnee, and Illinois pensive prescription that might have may have access to vital resources, Representative Sam Yingling. These no medical value. These sneaky mar- such as housing and nutrition, during communities are hurting in the after- keters would pass personal information their time of need. ULAN also offers math of Sunday’s terrible storms that on to doctors, often hundreds or thou- guidance to those battling hardship to brought winds at 60 miles an hour and sands of miles away, who would then prepare plans for long-term self-suffi- golf ball-sized hail. write prescription after prescription, never having seen the patient. ciency and financial stability. These A tornado touched down in imperative services have made a last- These ointments and creams were Grayslake, ripping the roof off the high then custom made by a compounding ing impact on Nevadans, and the bene- school and damaging several other fits of ULAN’s services are felt across pharmacy, and the bill was sent to the buildings and homes. These storms also Department of Defense. According to the Silver State. toppled power lines and trees, making ULAN began as a small dream, with health officials in the Department of several roads in the area impassable. Defense, one of these pain creams had a only Audrey Arnold and $30,000 to help Crews are working to clean up debris the community. Under Ms. Arnold’s value of about $150 each. But the De- and restore electricity. Over 16,000 peo- fense Health Program was billed more steadfast leadership, ULAN has grown ple were left without power this morn- into a $2 million organization. Today, than $9,000 each. This scam has added ing. Thankfully, no injuries were re- up to big dollars. In 2004, the Depart- Ms. Arnold and her dedicated staff and ported as a result of the Grayslake volunteers are now able to provide a ment of Defense spent just $5 million storms. one-stop shop for those experiencing on compound pharmaceuticals. By 2014, hardship. By offering immediate hous- Along with other members of the Illi- as these efforts began to ramp up, the ing, nutrition, job outreach, and finan- nois congressional delegation, I stand total rose to $514 million. In April of cial counseling services, the organiza- ready to help in any way I can as the 2015, just 1 month alone, the bill to the tion works to prevent financial situa- people in Dale Wood and Grayslake Pentagon was nearly $500 million. DOD tions from becoming worse and helps begin the clean-up and recovery from says the total cost of compound phar- individuals and families transition to this weekend’s deadly storms. maceuticals for this fiscal year could living within their means on a new re- The State of Illinois has sustained be as much as $1.2 billion. duced income through federal pro- extensive damage and managed clean- What is tragic about this waste of grams and other resources. This two- up costs following a number of severe money is that it could have been pre- pronged approach has had a remark- storms already this year. I stand ready vented. In 2013, the Pentagon consid- able effect on countless families over to support any request for Federal dis- ered policy changes it could make to the past 20 years. aster aid, including the Governor’s re- the approval process for compound I applaud ULAN on their decades of quest today for FEMA’s assistance pharmaceuticals. DOD officials came dedicated public service and extend my with damage assessments in downstate under heavy pressure, both from Mem- best wishes for much continued suc- communities still recovering from ear- bers of Congress and from some of cess. lier storms. these companies, not to move forward.

VerDate Sep 11 2014 05:55 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00040 Fmt 0637 Sfmt 0634 E:\CR\FM\G05AU6.078 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE August 5, 2015 CONGRESSIONAL RECORD — SENATE S6367 This pressure continued right up clinical studies of syphilis. She em- disease. They have set a high bar for through March of this year. braced the assignment, and the bill the dedicated public servants who fol- Finally, in May, the Department of passed with bipartisan support. It was low them. Defense was able to institute a screen- the first bill Wendy had ever worked I will close with this. I strongly be- ing procedure to get at this problem. on—she was off to a good start. lieve in the role of public service to And the costs charged to TRICARE In 1979, the American Social Health create change and make a difference. have dropped dramatically—down to Association established the first advo- Wendy Wertheimer’s years of service $10 million per month. cacy group for venereal disease control reflect these values. I am honored to Let me repeat that. The Department and research, and Wendy was offered a congratulate her on a job well done, paid $500 million for compound drugs in job as its director of government af- and I am lucky to count her as a April. The Department changed its ap- fairs. After hearing the news, Wendy’s friend. proval process, and it now pays $10 mil- mother was horrified and told her she lion a month for compound drugs. I will never get another date because ev- f met with Assistant Secretary for eryone will assume that she has a vene- Health Affairs Dr. Jonathan Woodson real disease. Wendy accepted the job REMEMBERING YOSHI about this. He is confident that this anyway and became the first venereal KATSUMURA safeguard—and others—will protect the disease, or VD, advocate in Wash- taxpayer in the future. Regrettably, in ington. She was a pioneer in the field Mr. DURBIN. Mr. President, last this case, the horse ran out of the barn and began working on a number of new Sunday, the legendary chef Yoshi and cost the American taxpayer $1.2 education and research training pro- Katsumura passed away after a battle billion before anyone could stop these grams, including the National VD Hot- with cancer. scams. But no one can escape the long line. You would never guess that a 15- arm of the law forever. The Depart- On June 5, 1981, the first cases of minute walk from Wrigley Field, where ment of Justice has opened more than what we now know as AIDS were re- hot dogs and beer reign supreme, would 100 criminal investigations, and $60 ported by the Centers for Disease Con- take you to a place bringing together million has been recovered so far. The trol and Prevention. By the end of 1981, the foods of Tokyo, Paris, Lyon, and DOD has suspended 26 providers for five to six new cases of the disease were Chicago. But that is what Yoshi built wrongdoing, and identified 71 individ- being reported each week and an epi- at the quiet, unassuming place known uals or entities who are believed to be demic of fear was breaking out. The simply as Yoshi’s Cafe´. Honored by his associated with these scheme. American Social Health Association peers for the past 30 years of exquisite As vice chairman of the Defense Ap- became one of the first organizations food preparation, Yoshi was a master propriations Subcommittee, working to advocate bringing attention to this of his art. with Chairman COCHRAN, we have the disease, and Wendy found herself on Yoshi was born in Japan’s Ibaraki responsibility to look after how the the frontlines combatting the HIV/ Prefecture—a region on the main is- Pentagon is spending its funds. I bring AIDS pandemic. In 1991, she was re- land of Japan—in 1950. At the age of 20, this episode to light because there are cruited by the NIH to help establish he apprenticed under another leg- many lessons to be learned about the the Office of Research on Women’s endary chef, Hiroyuki Sakai in Tokyo. need to demand a bureaucracy agile Health. And since 1992, Wendy has been Through Sakai, Yoshi began learning enough to catch profiteers and about the senior advisor, responsible for plan- the complexities of French cooking. the ways that congressional oversight ning, policy, legislation and commu- In 1973, Yoshi ventured to Chicago, can hamper enforcement rather than nications at the Office of AIDS Re- where he quickly advanced in fine encourage it. I hope my colleagues search at the NIH. French culinary arts. He studied under takes those lesson to heart. It is hard to imagine, but when Chicago’s first celebrity chef, Jean I will also say that THAD COCHRAN Wendy Wertheimer began at the NIH, Banchet, at Le Francais. Yoshi would and I will continue to root out these an AIDS diagnosis meant a sure and go on to refine his skills in Paris and incidents wherever they occur and agonizing death. We have come a long Lyon, and he returned to Chicago as a work in partnership with the depart- way since the disease was first re- chef and partner at the city’s premier ment to provide for our servicemem- ported, and in many ways progress on French fusion restaurant, Jimmy’s bers in ways faithful to the taxpayer. HIV/AIDS is one of the most remark- Place. In 1982, Yoshi opened his own f able success stories in the history of restaurant with his wife Nobuko, biomedical research. Wendy RECOGNIZING WENDY Yoshi’s Place. Wertheimer shares in this success and For more than three decades, Yoshi’s WERTHEIMER the research accomplishments that led Cafe´ has won the hearts and stomachs Mr. DURBIN. Mr. President, I want to lifesaving treatments and a hopeful of Chicago and the country. Yoshi’s has to acknowledge Wendy Wertheimer, an future about what more can be been featured on the Food Network and outstanding Federal employee who has achieved. spent decades working to advance the For more than two decades, Wendy listed among ‘‘America’s Top Tables’’ domestic and international HIV/AIDS has worked with Dr. Jack by Conde Nast’s Gourmet magazine. research effort. Wendy is about to com- Whitescarver—the longest serving di- His fusion of cultures brought diners to plete nearly 30 years of Federal service rector at the Office of AIDS Research North Halsted Street for dishes like that began in the Senate and is now at NIH—who is also retiring this year. Hamachi tartare and the Wagyu burg- coming to an end at the National Insti- And here is what he said: er. tutes of Health. We have made critical and even breath- If you look closely for a sign next to Like many bright young people in taking progress in AIDS research against Yoshi’s Cafe´, you will find that Aldine Washington, Wendy began her career many odds. We have been challenged to con- Avenue east of Halsted is designated right here in the U.S. Senate, working front and address stigma, homophobia, racial ‘‘Yoshi Katsumura Way.’’ His way was for Senator Jacob Javits. Later she disparities, and criticisms of the AIDS re- creating wonderful food for his commu- search investment. We have come a long nity and making it a better place. He joined the legislative staff of what was way, but the AIDS pandemic is far from over then called the Senate Labor and and remains a threat to global populations. served on the Northalsted Business Al- Human Resources Committee, led by Any declaration that the end is near is pre- liance board and organized charitable Chairman Edward Kennedy and Rank- mature, inaccurate, and perilous to progress events, including Hurricane Sandy re- ing Member Jacob Javits. Wendy’s first against the pandemic. lief and aid for victims of the 2011 Jap- assignment was the Venereal Diseases He is right. Being HIV-positive is not anese tsunami. And he always took the Control Act, which many on staff saw the death sentence it once was, but the time to talk to his customers. as a form of hazing for a new, young battle is far from over. And although Loretta and I love Yoshi’s. I once staff member. But Wendy was person- Dr. Whitescarver and Wendy showed up at the restaurant on a Mon- ally connected to the issue. Her grand- Wertheimer are retiring, the fight goes day evening, forgetting it was closed. father had been the chair of Derma- on, and the work continues. I want to Stranded on the corner, trying to de- tology and Syphilology at a hospital in thank them for all they have done and cide where to go, I heard someone call Pittsburgh and had conducted early all they will do to combat this terrible my name. It was Yoshi, who lived

VerDate Sep 11 2014 07:37 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00041 Fmt 0637 Sfmt 0634 E:\CR\FM\G05AU6.073 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE S6368 CONGRESSIONAL RECORD — SENATE August 5, 2015 above the restaurant, calling down to Restrepo, who will fill an emergency twice voted out of the Judiciary Com- me and offering to fix a meal for me on vacancy on the U.S. Court of Appeals mittee unanimously by voice vote. his day off. That was the moment when for the Third Circuit in Pennsylvania. Those who serve in this body under- service became friendship and I came Judge Restrepo was unanimously con- stand that no one Senator can stop a to know the goodness of this man. firmed 2 years ago by the Senate to judicial nominee from being confirmed. Yoshi was indeed a special kind of serve as a district court judge. I have One Senator can stop a unanimous con- man. His last message was to keep heard no objection to his nomination. sent agreement, but not a vote. The Yoshi’s Cafe´ going. He will be missed. Yet it took 7 months just to get him a delay and obstruction of the 14 judicial Loretta and I send our prayers and hearing in the Judiciary Committee. nominees pending on the Executive thoughts to his wife, Nobuko; his He has strong bipartisan support Calendar, including Judge Restrepo daughter, Mari; his son, Ken; his broth- from the two Pennsylvania Senators, and Mr. Bonilla, is at the hands of the er Kazuhiro Katsumura; and grandson and was voted out of the Judiciary Republican leadership and in the hands Hiro. Committee unanimously by voice vote. of the other Republican Senators, who f Once confirmed, Judge Restrepo will be have allowed their leadership to delay the first Hispanic judge from Pennsyl- these accomplished jurists and prosecu- JUDICIAL NOMINATIONS vania to ever serve on this court and tors, even when it hurts their own con- Mr. LEAHY. Mr. President, we began only the second Hispanic judge to serve stituents. this year with a new Republican major- on the Third Circuit. He has the strong Republican leadership can still re- ity in the Senate promising to govern endorsement of the nonpartisan His- verse course and lead responsibly. Al- responsibly. Unfortunately, this prom- panic National Bar Association, HNBA. though they have only allowed 5 judi- ise has so far proven hollow. Beginning At his hearing in June, Senator cial nominees to be confirmed this with the shameful treatment of the TOOMEY stated that ‘‘there is no ques- year, they can make immediate nomination of Loretta Lynch to be At- tion [Judge Restrepo] is a very well progress by moving to confirm the 14 torney General, the Republican leader- qualified candidate to serve on the nominees pending on the Executive ship has used excuse after excuse to Third Circuit’’ and underscored the Calendar. They should schedule a vote keep the Senate from voting on those fact that he recommended Judge for outstanding nominees like Judge nominated to serve in our justice sys- Restrepo to the White House. Senator Restrepo and Mr. Bonilla. They should tem. TOOMEY then described Judge schedule a vote for the pending judicial It took 4 months for the Republican Restrepo’s life story as ‘‘an American nominees from Missouri, California, majority to schedule a vote on a single Dream story’’ recounting how Judge New York, and Tennessee. judicial nomination. So far this year, Restrepo, born in Medellı´n, Colombia, In the last 2 years of President the Republican-controlled Senate has came to the United States, became a Bush’s tenure, the Democratic major- allowed confirmation votes on just five U.S. citizen, and rose to the very top of ity moved 68 district and circuit judges judicial nominees. The slow trickle of his profession by ‘‘virtue of his hard through the process to confirmation. In confirmations is a dereliction of the work, his intellect, his integrity.’’ the last 2 years of President Reagan’s Senate’s constitutional duty to provide Given his remarkable credentials, re- tenure, a Democratic majority con- advice and consent on judicial nomi- cent Senate confirmation, and strong firmed 85 judges. Let us go back to nees. Since the beginning of this year, bipartisan support, you would think treating the Federal judiciary like the the number of Federal court vacancies this Chamber would have confirmed coequal branch that it is and hold con- deemed to be ‘‘judicial emergencies’’ Judge Restrepo months ago. No Senate firmation votes on the nominees before by the nonpartisan Administrative Of- Democrat opposes a vote on his nomi- us. There is no reason for the double fice of the U.S. Courts has increased by nation. Senate Republicans are the standard based on who is in the major- 158 percent. There are now 31 judicial only thing holding up his nomination. I ity. We made it clear we would not do that with President Reagan and Presi- emergency vacancies that are affecting know Senator TOOMEY can be a fierce communities across the country. Many advocate for issues he cares passion- dent Bush. We should uphold the same are concerned that this obstruction ately about, and I hope he will get a standard for President Obama. I hope that we return to the regular threatens the functioning of our inde- firm commitment from the majority order that existed for the nominees of pendent judiciary, as Juan Williams re- leader on a date for a vote on his con- past administrations and clear the Sen- firmation. The continued delay on such cently pointed out. I ask unanimous ate Executive Calendar of consensus a qualified judicial nominee is a poor consent that his column in The Hill ti- nominations before the upcoming re- reflection on this body. I ask unani- tled ‘‘The GOP’s judicial log jam’’ be cess. The time to act on the 14 con- mous consent that a recent column by printed in the RECORD. sensus judicial nominations pending There is a different way to lead. Carl Tobias in the Pittsburgh Tribune- before the full is Senate is now. Similar to the balance of power today, Review titled ‘‘Confirm Judge There being no objection, the mate- in the last 2 years of the George W. Restrepo’’ also be printed in the rial was ordered to be printed in the Bush administration the Democrats RECORD. RECORD, as follows: Another eminently qualified nominee were in control of the Senate. And by [From the Hill, July 27, 2015] this time in 2007, when I was chairman who is also strongly supported by the THE GOP’S JUDICIAL LOGJAM of the Judiciary Committee, we had HNBA is Armando Bonilla. Mr. Bonilla (By Juan Williams) confirmed 26 judges. In contrast, this has been nominated to serve on the As the hot Washington summer approaches Congress, the Republican majority has U.S. Court of Federal Claims, and August, the Senate’s Republican majority is confirmed just five judicial nominees would be the first Hispanic judge to already on vacation from the work of con- appointed by President Obama. That is hold a seat on that court. Mr. Bonilla firming judges. At the current torpid pace, more than five times more judges con- has spent his entire career—now span- they will put the lowest number of judges on firmed under a Democratic majority ning over two decades—as an attorney the federal bench in any year since 1969. with a President of the opposite party for the Department of Justice. He was Do you think this crashed system for fill- hired out of law school in the Depart- ing the federal bench has anything to do than today’s Senate Republican major- with the GOP Senate majority’s distaste for ity. ment’s prestigious Honors Program, the liberal in the White House—even if he The delay and obstruction is occur- and has risen to become the Associate was chosen by the American people twice as ring even though all 14 of the current Deputy Attorney General in the De- their president and given the constitutional judicial nominees pending on the Exec- partment. Despite these outstanding authority to nominate judges? utive Calendar have bipartisan support credentials, the junior Senator from Yes, this involves a heavy dose of simple and were voted out of the Judiciary Arkansas objected to a request to vote obstruction by the GOP. Keep in mind that if on his nomination, along with any of it were not for Republican judges blocking Committee by voice vote. President Obama’s executive order on immi- These nominees are highly qualified the four other nominations to the gration, the GOP would have already lost and deserve better treatment from Sen- Court of Federal Claims. These CFC that fight. So in a politically polarized na- ate Republicans. Of great concern is nominees have been waiting for more tion, Republicans have reason to keep an eye the treatment of Judge Luis Felipe than 10 months for a vote, and were on the partisan make-up of the courts.

VerDate Sep 11 2014 07:37 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00042 Fmt 0637 Sfmt 0634 E:\CR\FM\G05AU6.063 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE August 5, 2015 CONGRESSIONAL RECORD — SENATE S6369 That is just one of the many political Stoll. The current Senate is so far behind proved him on a June 2013 voice vote. Each backroom plots being played out in the Sen- they have not reached the half-way point to assumed credit for proposing Restrepo’s ate over control of the nation’s courts. match the previous record low for confirma- Third Circuit nomination in November press The game begins with GOP payback for the tions, 12, set in President Obama’s first year releases. Toomey exclaimed that Restrepo Democrats having changed the filibuster in office. would ‘‘make a superb addition to the Third rules in 2013 to allow confirmation with a The number of judges confirmed during Circuit,’’ but the legislator retained his simple majority vote. That ‘‘nuclear option’’ President George W. Bush’s second term, ‘‘blue slip’’—which permits a nominee to pro- broke the GOP hold on judicial nominations higher than the current rate for Obama, is ceed—from Nov. 12 until May 14, even though while Democrats still held the majority and still less than the number of judges con- Casey submitted his in November. The ju- cleared the way for 96 judges to take their firmed in the final two years of Presidents rist’s June 10 hearing was long overdue. seats. Reagan and Clinton. At his hearing, Restrepo comprehensively Now the GOP holds the Senate majority But now that Republicans are in charge, and candidly answered questions and sen- and Republicans have slammed the lid on the Bush record looks generous. ators appeared satisfied. For example, Sen. new judges from Obama. This makes judicial ‘‘It’s ridiculous,’’ said Sen. Patrick Leahy Thom Tillis, R–N.C., who chaired the hear- nominations a valuable point of leverage in (D–Vt.). He chaired the Senate Judiciary ing, observed that Restrepo has been re- future negotiations with the White House Committee with the Democrats in the major- versed only twice. over budget issues, regulation and more. ity. ‘‘They are trying to politicize the McConnell has not publicly stated when he And with a presidential election next year, courts. And it’s irresponsible. I refused to do would arrange a floor debate and vote. How- the GOP hopes to soon have a president of its it with President Reagan. I refused to do ever, on June 4, he suggested he might not own sending over nominations, beginning that with President [George W.] Bush.’’ allow ballots for more Obama circuit nomi- nees, although he did finally accord Kara January 2017. Then, there is the reality that Can the Senate expect better results with Farnandez Stoll, a Federal Circuit candidate four of the five current Supreme Court jus- a President Hillary Clinton or President Ber- who had waited 10 weeks, July floor consid- tices are over the age of 75—including Jus- nie Sanders? How about President Jeb Bush eration. tice Anthony Kennedy, the ‘‘swing vote.’’ Re- or President Donald Trump? Most likely it The Third Circuit needs all its members to publicans have little incentive to allow will be more of the same—a continuing loss deliver justice, and Restrepo has languished Obama to put more Democrats throughout of the bipartisan trust and respect that once over eight months. The Senate must confirm the nation’s judiciary. made America’s courts the gold standard of him before the August recess. The extreme Republican anger at the fed- justice for the world. eral courts is already a big issue in the 2016 f presidential race. Last week, Sen. Ted Cruz [From Pittsburgh Tribune-Review, July 30, NOMINATION OBJECTION (R–Texas), chairman of the Judiciary Com- 2015] mittee’s oversight panel for the federal Mr. GRASSLEY. Mr. President, I in- CONFIRM JUDGE RESTREPO courts, held a hearing titled: ‘‘With Preju- tend to object to any unanimous con- dice: Supreme Court Activism and Possible (By Carl Tobias) sent request at the present time relat- Solutions.’’ He called the hearing to show Today, as in 2007, a Pennsylvania federal ing to the appointment of Bradley the depths of his upset with the recent deci- district court judge’s unopposed nomination Duane Arsenault, of FL; Bret Thomas sions to uphold ObamaCare and grant same- to the Third Circuit requires a final vote in Campbell, of TX; Karen Stone Exel, of sex couples the right to marry. a Senate the president’s party does not con- CA; Gloria Jean Garland, of CA; Mi- Cruz, a former Supreme Court law clerk, trol. On March 15, 2007, a Democrat Senate chael H. Hryshchyshyn, Jr., of VA; confirmed President George W. Bush’s nomi- used the hearing to trash a court with a ma- Ying X. Hsu, of CA; Stephen S. Kelley, jority of five conservatives, led by a conserv- nation of Pittsburgh District Judge Thomas ative—Chief Justice John Roberts—and by Hardiman one week after his Judiciary Com- of VA; Mary Catherine Leherr, of VA; all measures a strongly conservative record mittee approval. Denise G. Manning, of VA; Paul Karlis in rulings on guns, campaign spending, and This precedent is one reason Senate Major- Markovs, of MI; Scott Currie McNiven, blocking Environmental Protection Agency ity Leader Mitch McConnell, R–Ky., must of AZ; Hanh Ngoc Nguyen, of CA; regulation of airborne chemicals. schedule an immediate vote on Judge Luis Denise Frances O’Toole, of ME; Marisol As a candidate for the GOP’s 2016 presi- Felipe Restrepo’s nomination, which the E. Perez, of NJ; Ronald F. Savage, of dential nomination, Cruz knows the high committee approved on July 9. Restrepo NM; Adam P. Schmidt, of CT; Anna court’s standing among Republican voters is would fill one of 28 vacancies the courts have Toness, of TX; Michael J. Torreano, of low. After the ObamaCare and gay marriage declared judicial emergencies. President Obama nominated the experi- FL; Nicholas John Vivio, of DC; decisions, only 18 percent of Republicans told Jamshed Zuberi, of CA as Foreign Gallup last week that they approve of the enced, uncontroversial jurist in November on court. Cruz set the tone for his hearing by the strong bipartisan recommendation of Service Officer Class Two, Consular Of- saying he wanted to review ‘‘options the Pennsylvania Sens. Bob Casey (D) and Pat ficer and Secretary in the Diplomatic American people have to rein in judicial tyr- Toomey (R). Moreover, on July 1, Third Cir- Service of the United States of Amer- anny.’’ cuit Judge Marjorie Rendell assumed senior ica. Sen. Cruz is a fan of extreme action to deal status. This means that Judge Hardiman is I will object because, in addition to with this ‘‘tyranny.’’ He is proposing having one of six active Pennsylvania members on the multiple inquiries I have made that Supreme Court justices stand for retention the court, which experiences two vacancies are still unanswered, I sent another election every eight years. in 14 positions. letter to the State Department today Former Arkansas Gov. Mike Huckabee, an- Toomey’s spokesperson says that the sen- ator has spoken directly with McConnell ‘‘to and the Department has failed to con- other candidate for the GOP presidential firm receipt, yet again. In addition, my nomination, favors term limits. emphasize the importance of getting Judge Sen. Jeff Sessions (R–Ala.) declared during Restrepo confirmed’’ but did not indicate staff placed multiple phone calls to De- the hearing that the current court has a Toomey urged a prompt vote. As Senate Mi- partment personnel to inquire as to the ‘‘foreign, unhistorical approach to law.’’ nority Leader Harry Reid, D–Nev., said on status of the most recent letter. De- Between the Senate Republicans’ success July 7, if Toomey simply asked ‘‘to confirm partment personnel have failed even to at clogging the judicial appointment process Judge Restrepo immediately, (I’m confident) return phone calls. and the burst of harsh rhetoric, there is a we could confirm Judge Restrepo to the I warned the Department that if they growing risk of a serious erosion of the pub- Third Circuit next week.’’ failed to change their ways that I lic trust in the nation’s judicial system. Obama has consulted with Casey and would be forced to escalate the scope of Obama also is playing the dangerous game. Toomey, who have cooperated in helping to He has not nominated anyone to fill 47 of fill one Pennsylvania Third Circuit seat and my intent to object to unanimous con- the 63 open seats on the federal bench. No 14 district court posts since 2011. They have sent requests by including Foreign doubt he feels it would be a waste of time to carefully reviewed applicants and proposed Service officer candidates. My objec- keep pushing good money—in this case judi- excellent individuals whom Obama usually tion is not intended to question the cial nominees—down a hole. The president nominates. credentials of the individuals up for ap- does have seven judicial nominees before the However, the Senate slowly processes pointment. However, the Department Senate and three would help with the judi- nominees. Most critical have been Repub- must recognize that it has an obliga- cial emergencies. lican delays of floor votes. For example, be- tion to respond to congressional inquir- For both liberals and conservatives, the tween November 2013 and late March 2014, ies in a timely and reasonable manner. current roadblock has consequences. Accord- the Eastern District faced seven openings. ing to www.uscourts.gov, 28 federal courts The many prolonged vacancies have slowed f have now declared ‘‘judicial emergencies’’ federal court litigation, requiring people and APPROPRIATIONS because they lack enough judges to hear businesses to wait interminably for case res- pending cases. olution. Ms. MIKULSKI. Mr. President, this Earlier this month, the Senate confirmed Casey and Toomey suggested Restrepo for month the Senate Appropriations Com- its fifth federal judge for the year, Kara the Eastern District, and the Senate ap- mittee completed its work on 12 bills

VerDate Sep 11 2014 08:04 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00043 Fmt 0637 Sfmt 0634 E:\CR\FM\A05AU6.076 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE S6370 CONGRESSIONAL RECORD — SENATE August 5, 2015 to fund the government for fiscal year None of us were elected to make ness. That is why I was pleased to work 2016, which begins October 1, 2015. America weaker. Yet sequester makes with Environment and Public Works I congratulate Chairman COCHRAN us weaker and sequester hollows out Ranking Member BARBARA BOXER, and his subcommittee chairs for a full America. Commerce, Science, & Transportation and open process. They worked hand in America deserves better, but we need Committee Chairman JOHN THUNE and hand with me and my ranking Demo- a new budget deal to do it. Democrats Ranking Member BILL NELSON as well cratic members. But their bills are are ready to get serious and get to the as Majority Leader MITCH MCCONNELL based on the postsequester levels of the table. We need to end sequester for de- to include two sections in the bill that Republican budget resolution. The bills fense with no more gimmicks and end passed the Senate on July 30. I was reported by the committee are too sequester for programs not funded in able to add these sections to the sub- spartan to meet the needs of the Amer- the defense bill that protect our coun- stitute amendment, No. 2266, that was ican people. try and make it great. adopted on July 29, 2015, and the provi- The difference between the Repub- f sions were included in the final version lican budget and the President’s budget of the bill that passed the Senate. request is $74 billion. That is a lot. But DRIVE ACT The first section, section 35416, would even with that increase, the discre- Ms. BALDWIN. Mr. President last require that the Federal Railroad Ad- tionary top line will be equal to what week the Senate passed a multiyear ministration keep on file the most re- we spent in 2010, 6 years ago. surface transportation bill, the Devel- cent bridge inspection report prepared I would like to talk about one exam- oping a Reliable and Innovative Vision by a private railroad bridge owner and ple of the real impact of the Repub- for the Economy Act, H.R. 22, referred provide that report to appropriate lican sequester level budget—failing to as the DRIVE Act. I was pleased to state and local officials upon request. our veterans. vote for this bipartisan bill. For the This allows State and local officials Veterans deserve promises made and first time in 3 years, the Senate has who are responsible for public infra- promises kept. Instead, the Senate fis- passed a long-term surface transpor- structure integrity and public safety to cal year 2016 Military Construction, tation bill. Unfortunately, the House have access to information they need Veterans Affairs, and Related Agencies adjourned before taking up our bipar- to keep the public safe. The substance bill is at least $857 million short of tisan legislation—forcing the Senate to of this section is also contained in what is needed for veteran health care. pass a short-term funding patch, the amendment 2538. And the House is even worse, at least 34th since 2009. The second section, section 35431, ad- $1.4 billion below what is needed. At I am disappointed that we were not dresses concerns raised by the first re- those levels, about 70,000 fewer vet- able to get the long-term bill to the sponder community who have had to erans will receive medical care. President’s desk. However, I believe fight for access to real-time informa- Despite record demand for services, the Senate has laid the groundwork to tion about hazmat trains entering our veterans are still waiting to get ap- make the most recent short-term ex- their jurisdictions. Firefighters want pointments at hospitals and clinics. In tension the last for the next few years. to know in advance when hazmat fact, the electronic wait list has grown I look forward to working with my col- trains will arrive in order to better pre- by almost 10,000 over the past 2 leagues in both houses of Congress to pare and keep their communities safe. months. Sequester will result in complete a long-term bill before the The substance of this section is also waitlists growing exponentially. October 29 deadline, and I expect the contained in amendment 2539. Sequester budgeting for veterans’ The section modified the bill’s origi- DRIVE Act to be the baseline for those medical care means almost 150,000 vet- nal language that only required real- erans living with hepatitis C will be in efforts. While the DRIVE Act’s most impor- time hazmat train information to go to limbo, not receiving new, lifesaving Department of Homeland Security Fu- tant feature is that it provides cer- drugs. sion Centers. The centers would then tainty to construction firms and state It is not just care that is short- provide the information to local first governments to invest in rebuilding changed. Sequester budgeting means responders only in the event of an acci- our crumbling roads and bridges, it hospitals and clinics continue to dete- dent, when it is less useful. My provi- also includes several provisions to im- riorate. The VA has identified between sion requires fusion centers to provide prove the way we move goods and peo- $10 billion and $12 billion of backlogged the real-time information to State and ple across our nation. In the last few code violations and deficiencies at hos- local first responders at least 12 hours years, I have become very concerned pitals and clinics across the country. prior to a hazmat train arriving in with the way one particular good— In fiscal year 2013, the VA spent $1.3 their jurisdiction. The transmission billion repairing clinics, but for fiscal Bakken oil—moves through the coun- must also include the best estimate of year 2016 the Republican bills cut fund- try. The fiery explosions that accom- the train’s arrival. ing in half, even as the backlog grows. pany Bakken oil train derailments I believe these two sections signifi- Yesterday, the Republican leader have many in Wisconsin rightfully con- cantly improve transparency and safe- stated that he did not want a govern- cerned as we have unwittingly become ty in communities along oil train ment shutdown. Encouragingly, he one of the most traveled oil train routes. This is also a significant added, ‘‘At some point we’ll negotiate routes in the country. achievement for state and local organi- the way forward.’’ The DRIVE Act includes a rail safety zations, who are often powerless to Democrats are ready. Since May, we bill that was added thanks to the lead- take action against federally regulated have been asking to negotiate to elimi- ership of Senate Commerce Committee railroads—despite being responsible for nate sequester with a sequel to Mur- Chairman THUNE, Ranking Member any problems they cause. In closing, I ray-Ryan. The only way we will have NELSON, and Senators BOOKER and again would like to thank Senators shutdown, showdown, and government WICKER. I was pleased that the bipar- MCCONNELL, THUNE, NELSON, BOXER, by self-made crisis is if the Republican tisan bill that passed out of committee and INHOFE for their leadership on this majority refuses to send the President included provisions to require a rail- legislation. And I pledge to work with bills he can sign and instead sends bills road liability study and comprehensive my colleagues in the House and Senate that are too spartan or contain poison oil spill response plans. These provi- to pass a long-term surface transpor- pill riders like prohibiting funding for sions were similar to what is included tation bill in the next three months. Planned Parenthood or signature ini- in the Crude-by-Rail Safety Act, on f tiatives like the Affordable Care Act which I worked closely with Senator and climate pollution rules. CANTWELL to introduce. 50TH ANNIVERSARY OF THE Whether it is funding our troops or While the liability study and oilspill VOTING RIGHTS ACT OF 1965 keeping our promises to veterans, we response plans are steps in the right di- Ms. MIKULSKI. Mr. President, today can’t do it without a new budget deal. rection, as the bill moved to the Senate marks the 50th anniversary of one of Freezing Federal spending doesn’t floor, I believed we needed to do more the most important civil rights bills we meet the growing, complex needs of the to improve rail infrastructure, trans- have ever come together as a nation to Nation. parency, and first responder prepared- pass: the Voting Rights Act of 1965.

VerDate Sep 11 2014 07:37 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00044 Fmt 0637 Sfmt 0634 E:\CR\FM\G05AU6.053 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE August 5, 2015 CONGRESSIONAL RECORD — SENATE S6371 I am proud to commemorate this an- come together to defend the rights that ance before retiring. Today, we remem- niversary as the Senator for Maryland. this legislation was enacted to protect ber and thank Dick Schweiker for his Marylanders have a rich history of bat- because if discrimination of any kind service to Pennsylvania and the Na- tling discrimination, going back to the exists anywhere in America, we can tion. We send our thoughts and prayers darkest days of slavery. The brilliant and we must do better. to his family. Frederick Douglass was the voice of f f the voiceless in the struggle against REMEMBERING RICHARD RECOGNIZING THE 70TH ANNIVER- slavery. The courageous Harriet Tub- SCHWEIKER SARY OF THE END OF WORLD man delivered 300 slaves to freedom on WAR II her Underground Railroad. And the Mr. CASEY. Mr. President. I rise great Thurgood Marshall went from ar- today to remember Richard Schweiker, Ms. COLLINS. Mr. President, on Au- guing Brown v. Board of Education to who passed away on July 31, 2015. Con- gust 14, 1945, World War II came to an serving as a Supreme Court Justice. gressman, Senator, and Secretary of end. The official ceremony aboard the All were Marylanders. the Department of Health and Human battleship USS Missouri 2 weeks later Not just Marylanders but civil rights Services Dick Schweiker honorably was brief, barely 18 minutes long. The leaders and activists from all over this served his country in public office for low-key nature of the event stood in country fought hard for the right to more than two decades. Prior to his stark contrast to the unprecedented vote. Over 600 people marched from years of government service, he served horror and violence of the preceding Selma to Montgomery. They were his country in the Navy during World years, years in which the fate of civili- stopped and beaten but not defeated. War II. zation itself hung in the balance. I rise These brave men and women continued As a Congressman from Pennsylva- today to express our Nation’s gratitude to march, continued to fight until they nia’s 13th District, he was the coauthor to all veterans of the Army, Navy, Air got the right to vote. They had to chal- of a House Armed Services Committee Force, Marines, Coast Guard, and Mer- lenge the establishment and to say proposal to end the military draft and chant Marine for their service and sac- ‘‘now’’ when others told them to make service voluntary and sponsored rifice seven decades ago. ‘‘wait’’. legislation to allow the government to It is said that crisis builds character. Their fight and their struggle cul- give extra money to military service For an entire generation of Americans, minated in the passage of the Voting personnel if they showed they could re- crisis did not build character; it re- Rights Act. This legislation guaranteed duce expenses. He also supported the vealed it. With the perfect hindsight one of our most important civil rights Civil Rights Act of 1964 and the Voting history books provide, the Second and reflected one of our most funda- Rights Act of 1965 along with legisla- World War can seem today to be a se- mental values: that all men and women tion that created the Medicare and ries of events that followed an inevi- have the right to vote. Medicaid Programs. table course from Pearl Harbor to Nor- The struggle to truly fulfill this fun- As a Senator, he served on the Labor mandy to Iwo Jima to the deck of the damental value—this fundamental and Human Resources Committee, Battleship Missouri. Yet those who right—is far from over. There are too eventually becoming its ranking mem- were there, those who made that his- many neighborhoods in this country, ber. This committee is now known as tory, know that the outcome was far particularly in minority communities, the Health, Education, Labor and Pen- from certain. All that stood between that are the target of voter intimida- sions Committee on which I serve. Sen- humanity and the abyss of tyranny was tion, barriers to access, and ever- ator Schweiker was a strong supporter their courage, their faith, and their de- changing requirements. of public health initiatives, including votion to duty. The Supreme Court’s decision in the National Diabetes Mellitus Re- As the war began, the United States Shelby County v. Holder only made search and Education Act that author- was not a rich or powerful country. We this problem worse by stripping the ized the National Commission on Dia- had only the 17th largest army in the Federal Government of its ability to betes to put together a plan to fight world. Our industries were still strug- protect voters from this kind of dis- this disease. Dick Schweiker also gling to overcome a decade of economic enfranchisement—whether it was the worked to achieve compromise. In a depression. With two great oceans as a old-fashioned kind or the new-fash- 2000 Associated Press interview, he buffer, many Americans thought the ioned kind. commented on that approach: answer to aggression was isolationism. The fight for equal access to the bal- I was a World War II veteran. Our primary Yet when the crisis came, Americans lot continues today, and like those who objective was to get things done and solve responded. More than 16 million Amer- came before us, we cannot take ‘‘no’’ problems. The partisanship and heated rhet- ican men put on the uniforms of our for an answer. We must ensure that oric that have taken over the political land- Armed Forces. More than 400,000 died any and all undue barriers to participa- scape wasn’t always in vogue. wearing those uniforms. Thousands of tion in our democracy are broken Dick Schweiker decided not to run American women also put on the uni- down. We must restore the protections for reelection in 1980 and worked to form, serving—and dying—in field hos- of the Voting Rights Act that were help elect Ronald Reagan that Novem- pitals and in such dangerous work as struck down by the Supreme Court so ber. After the election, President ferrying aircraft from production plant that the promise of the right to vote is Reagan appointed Schweiker as the to airfield. They rolled up their sleeves extended to all men and women. Secretary of the Department of Health and turned the factories of a peacetime So while we look back proudly on the and Human Services. While in that po- economy into the arsenal of democ- passage of the Voting Rights Act, we sition, he set up the Medicare prospec- racy. Throughout the country, Ameri- must recognize that the need for its tive payment system in an effort to re- cans of all ages worked and saved and protections is as great today as it was duce costs rather than leaving them rationed and sacrificed as never before. 50 years ago. The words of Justice open-ended. He also continued to sup- Families planted victory gardens—20 Thurgood Marshall still ring true: port funding for medical research and million of them, producing 40 percent ‘‘I wish I could say that racism and protected funding for the Head Start of the Nation’s vegetables in backyards prejudice were only distant memories. early childhood education program. He and on rooftops. Two out of every three We must dissent from the indifference. stepped down as Secretary in 1983. At citizens put money into war bonds. We must dissent from the apathy. We that time, Senator Ted Kennedy said The people of Maine were part of this must dissent from the fear, the hatred the following: great endeavor. Some 80,000 Mainers and the mistrust. . . . We must dissent Dick Schweiker has been a good friend and served in World War II, more than any because America can do better, because colleague for many years. As secretary of previous war. More than 2,500 laid their America has no choice but to do bet- HHS, he has too often been a lonely voice of lives upon the altar of freedom. ter.’’ compassion and humanity. I have had the honor of meeting Today marks an important milestone After leaving public service, Dick many of Maine’s heroes. Edward Dahl- in our history. As we come together to Schweiker spent 11 years as president gren of Perham—just a few miles from celebrate this anniversary, we must of the American Council of Life Insur- my hometown of Caribou—fought his

VerDate Sep 11 2014 08:04 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00045 Fmt 0637 Sfmt 0634 E:\CR\FM\A05AU6.079 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE S6372 CONGRESSIONAL RECORD — SENATE August 5, 2015 way through Italy, France, and Ger- tive Duty in the U.S. Army before the ships to the U.S. Navy—hitting a 2- many, and received the Medal of Honor year’s end. He saw action in the Euro- year peak production of 21 ships a year for his astonishing rescue of a trapped pean theater and fought at the Battle or an average of 1 destroyer every 17 American platoon. Charles Shay, a of the Bulge. He earned the Combat In- days. Bath-built ships survived the at- member of the Penobscot Nation, was fantry Badge, two Purple Hearts, and tack on Pearl Harbor, landed troops at among the first wave ashore at Omaha the Bronze Star. Sergeant Collins was Normandy, supported Marines at Iwo Beach and the first Native American to discharged in January of 1946. Jima, and sank Nazi U-boats in the At- be awarded the Legion of Honor Medal, Then he did what truly distinguishes lantic. Maine’s support to our Armed France’s highest tribute. Bert Skinner the men and women of America’s Forces during the war years was unpar- of Belfast answered the call for volun- Armed Forces. He came home, grate- alleled in terms of dedication, scope, teers for the extremely dangerous mis- fully and modestly. He never talked and impact. sion of serving behind enemy lines with much about his sacrifice and the hard- And, above all else, we must honor Merrill’s Marauders in Burma. Through ships of war. Instead, he worked hard the immeasurable contributions of our his uncommon service to his commu- raising six children, running a busi- servicemembers. As a State with one of nity and to his fellow veterans, Galen ness, serving as Scout leader, Rotarian, the highest percentages of veterans per Cole of Bangor has kept the promise he mayor, and State senator. capita in the Nation, the war’s legacy made to himself on a battlefield in Ger- From the strong shoulders of those resonates strongly in Maine. During many in early 1945. like him who defended our freedom, all World War II, nearly 80,000 Maine citi- Maine women served with distinc- Americans learn about commitment, zens served overseas. Their steadfast tion. Patricia Chadwick Ericson of service, and patriotism. We learn that perseverance, patriotism, and bravery Houlton stepped forward to serve as a the burden of service must be borne in the face of grave danger helped se- Women’s Airforce Service Pilot, or willingly. We learn that challenges cure a better future for generations to WASP, flying newly built aircraft from must be met and threats must be con- come. the factories to combat zones. Mary fronted. We learn that the mantle of On this 70th anniversary of World Therese Nelson of Indian Island was hero must be worn with humility. It is War II, we remember all the American the first Native American woman from because of the quiet courage of those and Allied servicemembers who bravely Maine to enlist in the Marine Corps. who serve our country that we take served on land, air, and sea; as well as Each of the stories of the men and those lessons to heart and resolve to those on the homefront providing for women from Maine are unique. Yet pass them on to the generations to our warfighters. Their service and sac- they are united by valor and devotion come. On this 70th anniversary of vic- rifices contributed to international to duty. tory in World War II, let us recommit peace and stability and ensured the On the homefront, Maine was on the ourselves to the spirit that guided our continued promise of the freedoms we frontlines. Eighty-two destroyers were Nation through its darkest days and enjoy today. built at Bath Iron Works during the that lights our way into the future. f war, more than the entire Japanese Mr. KING. Mr. President, this month, TRIBUTE TO ADA DEER 70 years ago, the greatest crisis of the output. The South Portland shipyard Ms. BALDWIN. Mr. President, today 20th century came to an end. Lasting 6 launched 274 Liberty ships that carried I recognize and honor Ada Deer on the full years and involving participants troops and arms overseas. More than 70 occasion of her 80th birthday. Through- from over 30 countries, World War II submarines were built at the Ports- out her life, Ada has been an effective was the most widespread and dev- mouth Naval Shipyard in Kittery, with advocate and leader whose trailblazing astating war in human history. Amer- 3 of those vital warships launched on work has improved the lives of Native ica’s isolation from this dreadful con- the same day. Americans, women, students and oth- Maine’s seafaring heritage contrib- flict abruptly ended when, on the ers in Wisconsin and across the Nation. uted greatly to the Merchant Marine, morning of December 7, 1941, our Na- The celebration of this milestone and at least 60 Mainers lost their lives tion came under sudden and deliberate birthday is a special opportunity to to enemy attack. The Coast Guard and attack. In less than 2 hours, thousands celebrate her dedication to service and the Civil Air Patrol protected our of lives were lost as bombs fell across social engagement. shores against Nazi U-boats and sabo- the island of Oahu and that quiet Sun- Ada Deer was born on the Menominee teurs. day morning quickly turned into a ter- Indian Reservation in Keshena, WI. She These men and women did not come rible scene of violence and horror. was the first Menominee to graduate from a society steeped in militarism But the attacks on Pearl Harbor did from the University of Wisconsin-Madi- and the lust for conquest. Whether not break the American spirit. In this son and the first Native American to they came from our cities, farms or darkest of moments, our country dis- receive a masters of social work from fishing villages of Maine, they came covered a renewed sense of strength, Columbia University. from places that desired peace and that courage and resiliency; qualities that She has been a champion for Indian cherished freedom. When the crisis define us. And, following the attack on rights throughout her remarkable ca- came, the American character bound Pearl Harbor, American forces joined reer. When the Federal Government es- the ‘‘greatest generation’’ together in a the Allied Powers, fighting side-by-side tablished a policy to terminate the sov- great common cause on behalf of hu- against Nazi oppression in Europe and ereign status of tribes, the Menominee manity. Japanese expansion in the Pacific. Six- was among the first to go through the I am fortunate to be a daughter of teen million Americans bravely served process of termination, and they suf- that generation. One of my earliest in these two theaters of conflict, and it fered greatly under it. Ada organized a childhood memories is going with my was through their patriotism and cour- grassroots organization, Determination father to the Memorial Day parade in age that freedom was able to triumph of Right and Unity for Menominee our hometown. He hoisted me high over tyranny. Shareholders, DRUMS, and fought suc- above his head and from the best van- I also want to recognize Maine’s im- cessfully to restore Federal recognition tage point along the route—my father’s portant role in the war effort. In north- of the Menominee tribe. Ada’s leader- shoulders—I saw hats go off and hands ern Maine, Army airfields in Bangor, ship led to her election as the first go over hearts as Caribou paid its re- Presque Isle, and Houlton provided woman to chair the Menominee tribe in spects to our flag and honored our vet- strategic air basing and training sites Wisconsin. erans. Some Memorial Days, my father which facilitated the deployment of She spent many years as a lecturer in would wear his Army jacket to the pa- personnel and equipment overseas to the School of Social Work at the Uni- rade. As a child, I thought it was just the frontlines. And along the coast, versity of Wisconsin-Madison, and also an old jacket. Only as an adult did I where the Kennebec River meets the guided the university’s American In- learn the price he had paid for it. sea, Bath Iron Works established its dian Studies Department. Ada worked Donald Collins enlisted in the Re- reputation for producing the ‘‘best- as a house director, community coordi- serve Corps as a college freshman in built’’ destroyers in the world. The nator, school social worker, and pro- November of 1943 and was called to Ac- shipyard delivered a total of 83 new fessor.

VerDate Sep 11 2014 05:55 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00046 Fmt 0637 Sfmt 0634 E:\CR\FM\G05AU6.031 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE August 5, 2015 CONGRESSIONAL RECORD — SENATE S6373 In 1978, she became the first Native every season with the same grit and re- working persons will be missed by all American to run for secretary of State solve he learned as a child in rural Wis- who have worked alongside him and in Wisconsin, and in 1992 she was the consin. However, the time of year he who have benefited from his strong first Native American woman to run holds most dear is the maple syrup sea- leadership. for Congress in Wisconsin. In 1993, Ada son each spring. Bryce and Max spend Marty began his professional life in became the first Native American many early mornings and late nights service to his union as a member of the woman to head the Bureau of Indian tending to the taps, boiling down the WSEU Professional Services Bar- Affairs. She subsequently served as sap, and bottling one of Wisconsin’s gaining team in 1973. He continued his Chair of the National Indian Gaming treasures—Wisconsin maple syrup. service as a member, leader and activ- Commission. Each bottle of Luchterhand maple ist in Council 24 until 1985, when he was I am proud to call Ada a friend, and syrup is a labor of love, and I have been appointed executive director. Through- I am grateful for her lifelong leader- honored to be among the select individ- out that time, Marty has been pas- ship and commitment to social justice. uals to receive this special gift. sionate in his advocacy for the rights Her vital work continues today, fo- Bryce’s years of public service are of working people, to the honor and cused on efforts to reduce the prison comprised of distinguished service on value of public service, and to insuring recidivism rate and create a reentry various boards, committees, and asso- that working people have a level play- program for American Indians. Her ciations, often in roles as chairman or ing field on which to compete. Marty lifetime of work, coupled with an en- advisor. He is most proud of his roles has dedicated his career to protecting during passion to instill in young peo- as instructor for the Presidential and serving his members in the collec- ple the drive to change their society Classroom in Washington, DC, execu- tive bargaining and political process, through education and social engage- tive council member of Wisconsin always with a sense of fairness and ment, shows what a determined person Rural Partners, member of the Board compassion. will continue to do—even when they of Directors for Wisconsin Farm Marty’s work is exemplified by his have stated that they are ‘‘retired.’’ Progress/Technology Days, as well as a long-term efforts in support of Amer- I wish Ada good health and happiness founding and current member of 1000 ican workers, the American labor for many years to come. Friends of Wisconsin, an organization movement, and those fighting for civil rights for all Americans. Among many f dedicated to giving citizens a voice in land use planning. other important priorities, he sup- TRIBUTE TO BRYCE Bryce’s career in public service has ported the expansion of antidiscrimina- LUCHTERHAND also included serving the President of tion laws to protect the LGBT commu- Ms. BALDWIN. Mr. President, today the United States, the Governor of Wis- nity, and defended workers from dis- I honor Bryce Luchterhand on his re- consin and two U.S. Senators. He crimination and retaliation for polit- tirement from Federal and public serv- served as President Clinton’s Director ical activities. He was a staunch de- ice. He has dedicated his career to im- of Rural Development for the State of fender of labor’s right to back can- proving the quality of life and the vi- Wisconsin for 8 years, helping to make didates who made a commitment to tality of communities throughout the critical economic and agricultural de- support the goals and activities of State of Wisconsin. The occasion of his velopment investments in rural Wis- union members regardless of partisan retirement presents a special oppor- consin. He served as the director of affiliation. His 30 years of service at tunity to celebrate his dedication to Wisconsin Governor Jim Doyle’s north- the helm of Council 24 has inspired a public service and social justice. ern office, serving residents of 40 coun- new generation of workers to lead the union into the 21st century Bryce was born in Colby, WI, and ties for 8 years, and as Senator Herb I am proud to call Marty a friend, raised on the Luchterhand family Kohl’s area representative for 2 years farm—a fixture in the local rural com- and I am grateful for his important in 14 counties. As my Deputy State Di- contributions to our State and the munity since 1902. He graduated from rector of Outreach for the past 2 years, labor community. I know that his pas- Colby High School and earned his bach- it was not uncommon for Bryce to sion and dedication, in the model of his elor’s degree in secondary education travel in excess of 1,000 miles a week forebears such as Roy Kubista and broadfield social studies from North- representing me at meetings and John Lawton will serve as a lasting ex- land College in Ashland, WI. Growing events in northern Wisconsin. Of ample for generations of future labor up on a Wisconsin farm, Bryce was in- course, these trips were made easier if leaders. I wish him all the best in his stilled with the values of hard work, you knew the ‘‘Luchterhand shortcuts’’ future endeavors. love of the land, Central Wisconsin op- that often took Bryce snaking along timism, and a sense for social justice the back county roads of northern Wis- f that would serve him well throughout consin, inevitably getting him to his ADDITIONAL STATEMENTS his career and life. destination quicker. In all of these ca- In 1970 he started his lifelong path in pacities, Bryce served the people of public service as teacher of social stud- Wisconsin with distinction and honor. RECOGNIZING THE NEW JERSEY- ies on the Navajo Indian Reservation I am proud to call Bryce a friend and INDIA RELATIONSHIP at Many Farms High School in Many I am grateful that in choosing the path ∑ Mr. BOOKER. Mr. President, I am Farms, AZ, where he inspired and of public service, he has impacted honored to serve a State with one of mentored the youth of the Navajo res- countless people’s lives, changed com- the largest Indian American diasporas ervation. Working with the impover- munities for the better, and strength- in the country. ished youth of the Navajo reservation ened rural communities of Wisconsin. The Indian diaspora community in sparked within Bryce his passion for In retirement, I wish Bryce and his New Jersey is an active, vocal and en- equal opportunity, creating bonds and wife Max all the best, including good gaged constituency whose contribu- lifelong friendships that became a health and happiness, for many years tions to the State reach across all sec- foundation for his life of service. to come. tors. When given the opportunity, the Throughout his public service career, f very first caucus I joined in the Senate Bryce has been guided by his love of was the U.S.-India caucus. Soon after I the land. In 1973, Bryce took an oppor- TRIBUTE TO MARTY BEIL joined the caucus, I had the oppor- tunity to return to Colby, WI, to buy a Ms. BALDWIN. Mr. President, today tunity to meet Prime Minister Modi dairy farm next to the Luchterhand I recognize and honor Marty Beil of during his visit to the United States. family farm. And with the same drive Madison, WI, for his 30 years of leader- His visit signaled a meaningful mo- and determination that have become ship as executive director of AFSCME ment in the relations between the his trademark, he and his wife, Max, Council 24. I have known Marty for United States and India. It became milked dairy cows and raised beef cows many years, and have been proud to clearer that the oldest and newest de- for the past 42 years, even developing a stand in solidarity with him. Marty mocracies can forge a transformational new breed of cow called a Gloucester has been a leader in the labor commu- relationship to leverage the historic Lineback. As a farmer, Bryce greets nity, and his passion for the rights of opportunities before us.

VerDate Sep 11 2014 07:37 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00047 Fmt 0637 Sfmt 0634 E:\CR\FM\G05AU6.049 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE S6374 CONGRESSIONAL RECORD — SENATE August 5, 2015 Together, the United States and volunteerism and giving. I look for- Sparling; her sister, Jennifer Enright; India represent over one-fifth of the ward to fostering the continued growth and stepbrothers, Erik and Bret Spar- world’s population and share long-term of the strong relationship between New ling. strategic imperatives in the areas of Jersey and India.∑ Sarah, Matt, and Spencer will always energy efficiency and environmental f be part of our extended family of Boxer sustainability, social and economic de- staff members, all of whom join me REMEMBERING SARAH ANDERSON velopment, and regional and global se- today in mourning Sarah’s loss and curity that are rooted in our shared ∑ Mrs. BOXER. Mr. President, it is celebrating her amazing legacy, which commitment to democratic ideals. with great sadness that I ask my col- will always live on in the causes she President Obama has aptly referred to leagues to join me in honoring the ex- championed, the friendships she forged, this relationship as the ‘‘defining part- traordinary life of Sarah Anderson, a and the family she loved and lived for.∑ nership of the 21st century.’’ As the beloved mother, wife, daughter, sister, United States pursues greater clean en- friend, colleague, and passionate advo- f ergy production and sustainable manu- cate for improving the health and lives facturing here at home, we can and of people throughout our country. RECOGNIZING VICE ADMIRAL should take advantage of opportunities Sarah passed away on July 28, 2015, at THOMAS R. WESCHLER the age of 49. to further collaborate on techno- ∑ logically advanced clean energy solu- I met Sarah when she came to work Mr. CASEY. Mr. President, I wish to tions. on my first campaign for the U.S. Sen- recognize the service of a fellow Penn- Together, we can leverage both ate. At the time, this impressive young sylvanian, VADM Thomas R. Weschler, American and Indian assets to address Fort Collins, CO native was just a few Retired, who served this country val- 1 the challenges both our countries face years into her political career, having iantly for 3 ⁄2 decades. Vice Admiral in job creation, social mobility, and moved to Washington, DC, to work for Weschler is one of the highest ranking clean energy. Prime Minister Modi has Senator Tim Wirth right after grad- Naval officers to come from Erie, PA, also emphasized the importance of sus- uating from the University of Colo- and I am profoundly grateful for his tainable growth and ensuring that di- rado. service to our Nation. versified, environmentally conscious Sarah was passionate about helping Admiral Weschler began his service energy sources are made accessible to to elect women, and she wanted to be in 1940, following his graduation from all Indians. I am encouraged by Prime part of what turned out to be an his- the United States Naval Academy in Minister Modi’s commitment to eco- toric 1992 election. With her wit, intel- 1939. He served on the USS WASP, CV– nomic and social policies that not only ligence, talent, dedication, sense of 7, in World War II, seeing combat in invest in infrastructure but that also humor, and ever-present twinkle in her both the Mediterranean and the Pa- develop India’s human capacity. With piercing blue eyes, it was immediately cific, including the invasion of Guadal- half of its population under the age of clear to all of us that Sarah was spe- canal, and was onboard when the 25 and a recent election that saw a 66- cial. WASP was torpedoed by a Japanese percent voter turnout, it is clear that However, one young campaign staff submarine. India is set to harness the potential of member named Matt Kagan seemed to Admiral Weschler would then go on its most valuable resource—its young notice all of Sarah’s unique gifts even to command the USS CLARENCE K. people. more than anyone else. While working BRONSON in action during the Korean In order to compete in a global econ- 20-hour days on our campaign, Sarah war. During the Vietnam war, he com- omy, the United States and India must and Matt somehow managed to find manded amphibious operations against both expand opportunities for youth time to fall in love. At the time, I Viet Cong forces in 1965 to 1966, during education and employment. By engag- would sometimes joke that while I was which time he was awarded the Legion ing private sector actors in our mutual falling in the polls, they were falling in of Merit. In 1966, Admiral Weschler be- development goals, I believe together love. But the truth is, Matt and came Commander Naval Support Ac- we can address these challenges and Sarah’s beautiful marriage and son tivity, Danang Republic of Vietnam, turn them into opportunities for co- were among the most important re- and was awarded the Distinguished operation. sults of that first campaign. Sarah and Service Medal. Following his service in As this partnership continues to Matt always shared a fierce commit- Vietnam, he was awarded a Gold Star grow, so will the benefits for both of ment to making the world a better for his accomplishments in pioneering our countries and for New Jersey. The place. and developing the Spruance Class de- Indian American population in New For more than 25 years, Sarah stroyer and the Virginia Class cruiser. Jersey has grown by 73 percent in the worked tirelessly for the causes she be- In 1970, Vice Admiral Weschler as- past decade, and many Indian Ameri- lieved in—whether it was protecting sumed command of Cruiser-Destroyer cans serve our state as industry and the environment at the Sierra Club and Flotilla TWO, and in 1971 he became community leaders. New Jersey is the the League of Conservation Voters; Commander Cruiser-Destroyer Force, No. 1 benefactor of Indian investment serving the people of Oregon and Cali- U.S. Atlantic Fleet. For both of these in job creation, with approximately fornia as press secretary to Congress- tours he was awarded a Gold Star. In 9,278 jobs and over $1 billion in invest- woman Elizabeth Furse and Congress- 1973, he was selected for promotion to ment in a variety of sectors from woman LORETTA SANCHEZ; or helping to vice admiral and reported to Wash- telecom and technology to healthcare prevent and stop pandemics as an As- ington for duty as Director for Logis- and manufacturing. sistant Dean at UCLA’s School of Pub- tics, Joint Staff, Office of the Joint As the Senate adjourns for the sum- lic Health for nearly a decade. Chiefs of Staff. Vice Admiral Weschler mer recess, I do not want to miss the Sarah and Matt always managed to retired on June 30, 1975 as a three-star opportunity to highlight India Day, fill their homes—first in DC and then vice admiral following more than 34 which will be observed next week. India in California—with love, laughter, good years of service in the U.S. Navy. Day celebrates the rich history and conversation, and great food. But their After his retirement from the Navy, legacy of India’s contributions to com- most important addition happened 10 he continued his service as a professor munities across the United States. years ago when they joyfully welcomed of Naval Operations at the United On August 10, I will have the distinct their son, Spencer, into their lives. States War College, Newport, RI, for honor and privilege to welcome Ambas- Whenever Spencer’s name was men- more than a decade. sador Singh to New Jersey. I look for- tioned, Sarah’s face always lit up with On August 28 and 29, 2015, Vice Admi- ward to working with Ambassador such pride and love, and there are no ral Weschler will be honored for his Singh as we partner together to foster words to express how sorry I am for service at the opening of the Hagen investment opportunities, create col- Spencer and Matt’s loss. I also want to History Center in Erie, PA, where the laborations between our world-re- extend my deepest condolences to Military Gallery will also be dedicated nowned higher education institutions, Sarah’s entire family, especially her in his honor. I am proud to share in the and cultivate platforms to facilitate mother and stepfather, Sue and Ed celebration of Vice Admiral Weschler’s

VerDate Sep 11 2014 07:37 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00048 Fmt 0637 Sfmt 0634 E:\CR\FM\G05AU6.074 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE August 5, 2015 CONGRESSIONAL RECORD — SENATE S6375 career, his meritorious conduct, his ex- world. Montana is home to more vet- the 95th anniversary of the passage of traordinary leadership, and his distin- erans per capita than almost any other the 19th Amendment of the U.S. Con- guished and unwavering service to this State in the Nation, and tribal mem- stitution, granting voting rights for great Nation. I extend my sincerest bers enroll in the military at a higher women. I ask my colleagues to join me gratitude to Vice Admiral Weschler, a rate than any other minority. I wish to in marking August 26, known as Wom- native son of Erie, PA, whom we are recognize one of America’s heroes who en’s Equality Day, a significant land- proud to call one of our own, and wish exemplifies the best of Montana, who is mark in American history as we ac- him and his family all the best in their also an enrolled Crow tribal member: knowledge, honor, and celebrate the future endeavors.∑ William P. ‘‘Butch’’ Gardner. vast and vital contributions that f Mr. Gardner served our country dur- women have made to our country. ing the Vietnam war. This brave gen- Elizabeth Cady Stanton, Lucretia HURRICANE KATRINA tleman selflessly served for a number Mott, and other dedicated supporters ∑ Mr. COCHRAN. Mr. President, 10 of years during the conflict before he for women’s equality convened the years ago, Hurricane Katrina came was honorably discharged. Mr. Gard- First Women’s Rights Convention on ashore on the Mississippi gulf coast ner’s commitment to service did not July 1848 in Seneca Falls, NY. They ad- with devastating force, inflicting bil- stop when he took off the uniform; in vocated for the right to own property, lions of dollars in property and per- his community, he and a handful of protection from domestic violence, and sonal damages. It was amazing that other veterans serve as the color guard other social reforms that promoted more were not killed. on the Crow Reservation. He continues equality, including voting, and never The tragic loss of life and horrible to serve in the honor guard despite los- wavered in that pursuit. Stanton wrote property destruction shocked us all. ing his leg to an amputation 2 years a Declaration of Sentiments that Our recovery has required enormous ago. His peers describe Mr. Gardner as called for ‘‘all men and women’’ to be dedication and determination, and the backbone to the color guard. recognized as created equal under the thousands of Mississippians rose to Montanans are proud of our diverse law, thus beginning the 72-year strug- that challenge. heritage, and it is truly an honor to gle for suffrage that ended in 1920. In the days, months, and years after celebrate an individual who so humbly Mr. President, 2015 is the bicenten- the storm, Mississippians pitched in to embody the spirit of patriotism.∑ nial year for Elizabeth Cady Stanton, help neighbors and strangers alike. The f who was born November 12, 1815, in dedication and sacrifice of the Coast RECOGNIZING OUTSTANDING Johnstown, NY. Celebrations of her ex- Guard, the National Guard and other MONTANA TEENS traordinary life are taking place first responders saved lives and helped throughout the year. Stanton met ∑ Mr. DAINES. Mr. President, I wish to enable the large-scale rebuilding that Susan B. Anthony in 1851, and they recognize the work of the impressive would follow. The resilience and hard began a 50-year partnership advocating Montana teens who attended the Fam- work of the people, as well as the out- for suffrage and women’s equality; ily, Career and Community Leaders of pouring of church and volunteer work- however, both women did not live to America, FCCLA, STAR Event in ers from across the State and Nation, see the passage of the 19th Amend- Washington, DC. This group of young made recovery possible. ment. As the mother of seven children, men and women made our State proud Over the past decade, State, local, Mrs. Stanton can be proud of the leg- at their national conference, and and Federal elected officials have also acy she left to her descendants, one of brought home a combined 31 gold med- aggressively promoted and assisted in whom is today spearheading a com- als, 26 silver medals, and 3 bronze med- mittee tasked with placing a new stat- the gulf coast’s recovery. But our re- als. covery is not yet complete. Some of the standouts in the Mon- ue of these two amazing leaders in New While the serious problems exposed tana FCCLA that I would like to recog- York. They gave a voice to millions of by the Katrina recovery effort have nize are Garrett Christiaens of Valier, women and changed history forever fol- been used to improve our national re- MT, who was just made the new na- lowing Anthony’s vow that ‘‘failure is sponse to emergencies and natural dis- tional vice president of programs, and impossible.’’ asters, work remains to be done to en- Mariah Pierce, Katlyn Gillen, and A unique crossroad of history resides sure a full recovery in Mississippi and Loren Minnick—three Park High at 77th and Central Park West in New along the gulf coast. Unsustainable in- School students who not only took York City with statues of two U.S. surance practices and overbearing Fed- first place at the FCCLA State com- Presidents, Theodore Roosevelt astride eral regulations continue to hamper re- petition, but also went on to win gold a horse outside the American Museum covery and economic development ef- medals at the national level. of Natural History and Abraham Lin- forts. The Montana FCCLA has approxi- coln who stands on the steps of the Those challenges, however, cannot mately 70 chapters across the State, New-York Historical Society. Near diminish the pride I have in the people and is part of the Family and Con- Lincoln is a statue of abolitionist Fred- of Mississippi for exemplifying the sumer Sciences curriculum offered in erick Douglass symbolically carrying strength, vision, and resilience nec- over 100 of Montana’s high schools. books at a building that safeguards his- essary to ensure the cultural and eco- Members of these chapters actively tory. I am pleased to announce that nomic vitality of our State. work to make a difference in their fam- permission was granted in May 2015 for This August, we commemorate the ilies, careers, and communities. I had a suffragist statue to be installed at decade since Hurricane Katrina the opportunity to meet a group of the West 77th Street entrance to Cen- claimed lives and left indelible marks these students last month during their tral Park. It will be the very first stat- on our State. Mr. President, 10 years national conference, and I was im- ue of a woman in this park’s 160-year after Katrina, I remain confident that pressed by their work ethic and dedica- history. we will continue to work together to tion to those around them. Their suc- New York City park commissioner rebuild Mississippi and to advocate for cess at the National Leadership Con- Mitchell J. Silver awarded this site for commonsense policies and intelligent ference affirms that they are indeed a statue of Elizabeth Cady Stanton and investments that will ensure the con- making a difference and demonstrates Susan B. Anthony, pioneering leaders tinued vitality of the Gulf Coast.∑ how Montana students can effectively of the women’s suffrage movement. In- f rise to meet both local and national cluded in the sculpture design are the challenges.∑ names of many remarkable women in- TRIBUTE TO WILLIAM P. GARDNER f strumental in the fight toward winning ∑ Mr. DAINES. Mr. President, as I have the vote. Its installation in September served Montana’s veterans and mili- RECOGNIZING THE 95TH ANNIVER- 2017 will coincide with New York tary members in Congress, I continue SARY OF WOMEN’S EQUALITY State’s centennial of women’s voting to be amazed and humbled by the in- DAY rights. The New-York Historical Soci- credible stories of Montanans fighting ∑ Mrs. GILLIBRAND. Mr. President, I ety announced that in the trans- for our country in all corners of the rise today to speak in recognition of formation of its fourth floor there

VerDate Sep 11 2014 07:37 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00049 Fmt 0637 Sfmt 0634 E:\CR\FM\G05AU6.069 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE S6376 CONGRESSIONAL RECORD — SENATE August 5, 2015 would be a new Center for the Study of face by an opposing player. Ray retali- its students and gives them a great op- Women’s History that will present spe- ated, ultimately receiving a penalty portunity to develop their knowledge cial exhibitions, as well as public and that caused the Miners to lose the and skills in an advanced environment. scholarly programs. game and was kicked off the football As a father of four children who at- Over 50 million visitors each year are team. Later that night, he turned up at tended Nevada’s public schools, and as welcomed to New York City, with over Coach Ault’s home, asking for a second the husband of a life-long teacher, I un- half reporting they spend time in Cen- chance and continued on in the season. derstand the important role that dif- tral Park. Placing the Stanton and An- Though I am sure this was devastating ferent institutions play in enriching thony statue at this highly visible lo- at the time, it shows Ray’s sense of the lives of Nevada’s students. Ensur- cale that resonates social justice will commitment and humility. ing that America’s youth are prepared undoubtedly draw local residents and Throughout his career, Ray was a to compete in the 21st century is crit- visitors of all nations to history les- true journalist, gaining insight from ical for the future of our country. Pro- sons that include the story of the equal all sides to convey a thorough picture foundly gifted students are often un- rights and suffrage movements in to his audience. If anything important derserved and unfortunately, do not re- America. was going on, you could always count ceive the curriculum they need to I ask that we give tribute on August on Ray to have an accurate story ready excel. The State of Nevada is fortunate 26, 2015, the 95th anniversary of the to share. I will never forget some of the to have institutions like Davidson passage of the 19th Amendment, to the stories that Ray reported on, especially Academy available to support students early suffragists who were steadfast in his interaction with former New York with unique needs. their pursuit of equality for all citi- Yankee manager, Billy Martin. If that I ask my colleagues and all Nevadans zens, which is a sacred trust that we doesn’t illustrate a sincere effort to get to join me in recognizing Davidson must continue to support today.∑ the real story, then I don’t know what Academy on its 10th anniversary. This institution is truly dedicated to enrich- f does. I had the pleasure of working with Ray using an open-door policy and ing the lives of Nevada’s students, and CONGRATULATING RAY HAGAR appreciate the relationship we built I am honored to congratulate them on ∑ Mr. HELLER. Mr. President, today, I throughout the years. hitting an important milestone. I wish wish to congratulate Ray Hagar on his Ray left his footprint on Nevada Davidson Academy well in all of its fu- retirement after decades of bringing journalism, a mark that will remain in ture endeavors and in creating greater ∑ Northern Nevada extraordinary news the northern Nevada community for opportunity for Nevada’s youth. coverage. It gives me great pleasure to years to come. His legacy of thorough f recognize Ray’s hard work and unwav- and fair coverage will never be forgot- TRIBUTE TO MIKE MCCARTHY ering dedication to the local commu- ten. Surely, future political writers ∑ Mr. KING. Mr. President, today I nity and for showcasing journalistic in- will have big shoes to fill after his in- tegrity and excellence to the Silver wish to recognize the hard work and credible career. dedication of Michael McCarthy, the State. Ray has demonstrated absolute dedi- principal of King Middle School in Ray is truly a role model to many in cation to excellent reporting, bringing Portland, ME, who has served for 27 the local community, embodying the Nevada politics outside of the walls of battle-born spirit of genuine loyalty, years and is moving on to a much de- the legislature and Congress to audi- served retirement. Mike has left a re- determination, and resilience. He is a ences across the State. I am both hum- fifth-generation Nevadan, bringing markable legacy and his hard work and bled and honored by his hard work and dedication will continue to help Maine unique insight to an array of topics, es- am proud to call him a fellow Nevadan. pecially in his political coverage. Ray students for years to come. Today, I ask all of my colleagues to About one-fifth of King Middle has spent time at several news outlets, join me in congratulating an upstand- School’s students speak a native lan- including the Reno Evening Gazette ing Nevadan and friend, Ray Hagar, on guage other than English, 28 different and the Nevada State Journal, and his retirement. I give my deepest ap- languages in all, and students at the most recently served as a member of preciation for all that he has done and school come from 17 countries. More the political team with the Reno Ga- offer him my best wishes for many suc- than half of the student body qualifies zette Journal and as a regular host on cessful and fulfilling years to come.∑ for free or subsidized lunch. Such fac- Nevada’s most-watched political talk f tors can often contribute to poor aca- show, Nevada Newsmakers. His 15 demic performance, and for many years of political coverage with the RECOGNIZING DAVIDSON ACADEMY’S 10TH ANNIVERSARY years, parents did not view King Mid- Reno Gazette Journal brought Nevad- dle as a viable institution for their ∑ ans only the most accurate journalism. Mr. HELLER. Mr. President, today, I children. That view changed when He is also the co-author of Johnson- wish to recognize the 10th anniversary Mike McCarthy took over 27 years ago. Jeffries: Dateline Reno, a novel about of Davidson Academy, an institution Mike possesses the qualities required the 1910 fight between Jack Johnson with a noble mission to support north- of a strong leader. He is intelligent, but and Jim Jeffries and its effects on Ne- ern Nevada’s profoundly gifted stu- understands he may not always have vada. His lengthy and extensive career dents. I am proud to honor this institu- the right answers, making him a good touched the lives of many across the tion that has worked so hard to prepare listener. He is dedicated to his students State, keeping residents up-to-date and Nevada’s youth for successful and posi- and faculty, and makes decisions that knowledgeable on key topics. tive futures. benefit the entire community. As a Ray always made sure to place him- Davidson Academy was established in former teacher, Mike understands the self in the middle of the action to gain 2005 through State legislation, desig- classroom atmosphere and devotes his a full understanding of what he was re- nating the institution as a university time to creating a positive learning en- porting on. Even as a young boy grow- school for gifted students. The acad- vironment. Perhaps most importantly, ing up, he was eager to be fully en- emy officially opened in fall of 2006 and Mike is willing to take risks. grossed in his surroundings. One story is a free public school located on the Under Mike’s leadership, King Middle that Ray references as a good learning University of Nevada, Reno, UNR, cam- School was one of the first schools in experience was during his football ca- pus. Students at both the middle Maine to embrace 1:1 digital learning. reer with Bishop Manogue High School. school and high school levels attend This new approach helped to put tech- It was 1969 and the Bishop Manogue the academy. Individual students de- nology in the hands of his students and High School Miners, coached by Christ velop a Personalized Learning Plan, teachers, and helped to open doors and Ault, were playing against Carson High which guides them through their aca- unlock new potential in and out of the School, my alma mater. The Miners demic and personal goals and prepares classroom. Mike also had the courage were behind but were inside the 5-yard them for their futures. Students are to implement an innovative approach line with enough time to clench a final also able to participate in UNR courses called the Expeditionary Learning victory. At the time, Ray was playing as part of a dual enrollment agree- model, through which groups of teach- offensive guard and was punched in the ment. The academy works to challenge ers and students work together on

VerDate Sep 11 2014 07:37 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00050 Fmt 0637 Sfmt 0634 E:\CR\FM\A05AU6.080 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE August 5, 2015 CONGRESSIONAL RECORD — SENATE S6377 hands-on projects that require them to United States to limit the number of siege of Corregidor. Surrendering on have an understanding of many dif- Navy war vessels and regulate sub- May 6, 1942 in the face of great odds, he ferent disciplines. He also has dem- marine warfare. Dawes was also a dedi- was assigned to the Bilibid Prison Hos- onstrated the courage to do what he cated humanitarian, who personally es- pital in Manila and survived the three thought was right, even when decisions tablished and funded extensive net- ‘‘Hell ships’’ Oryoku Maru, Enoura were controversial. His approach works of food and housing for the Maru, and Brazil Maru. earned him the respect of the teachers homeless and less fortunate. On July 19th, Mr. Hikaru Kimura, a and the entire school community, and Charles Dawes is also remembered for Senior Corporate Executive of it has helped turn King Middle School his contributions and service to his Mitsubishi Materials Corporation and into a real success story. local community of Evanston, IL. Senior General Manager of Global I cannot say enough good things Dawes owned an Evanston based utility Business Management at the Paint about Mike and his impact on King business, and he and his extended fam- Finishing System Division of Taikisha Middle School, the city of Portland, ily were a part of the fabric of the com- Ltd delivered the apology at a cere- and Maine education as a whole. When munity, attending local schools and mony held at the Museum of Tolerance I recently convened a panel of Maine participating in countless Evanston or- in Los Angeles. educators to share their perception on ganizations. In 1942, he arranged to be- I applaud Mitsubishi Materials’ cour- reauthorizing the Elementary and Sec- queath his home to Northwestern Uni- age and good corporate citizenship. I ondary Education Act, Mike brought versity and the broader Evanston com- ask unanimous consent that the state- his strong voice to the table. His has munity for the conservation of its cul- ment of Jan Thompson be printed in always been an invaluable perspective. tural history. Today the Dawes home the RECORD. Through his experience and input, edu- serves as the headquarters of the There being no objection, the mate- cators across Maine are better off as Evanston History Center, which will be rial was ordered to be printed in the they work—just like Mike—to broaden honoring the life of Charles Dawes and RECORD, as follows: their students’ horizons and prepare the 150th anniversary of his birth STATEMENT OF JAN THOMPSON, PRESIDENT, them for success in a rapidly changing through its ‘‘Year of Dawes’’ celebra- AMERICAN DEFENDERS OF BATAAN & COR- world.∑ tion. I commend the Evanston History REGIDOR MEMORIAL SOCIETY f Center for its dedication to educating DELIVERED AT THE MUSEUM OF TOLERANCE the public on the remarkable life of SIMON WIESENTHAL CENTER—LOS ANGELES, CA, CELEBRATING THE ‘‘YEAR OF Charles Dawes and preserving the JULY 19, 2015 DAWES’’ Dawes family history for future gen- Thank you Rabbi [Abraham] Cooper for ∑ Mr. KIRK. Mr. President, today I rec- erations. moderating today and for having the Mu- ognize former Illinois resident and Vice I ask all my colleagues to join me in seum of Tolerance as the venue for today’s President of the United States, Charles celebrating the ‘‘Year of Dawes’’ and meeting. I thank [Ms.] Kinue Tokodome, Mr. Gates Dawes, in honor of the 150th an- honoring the 150th birthday anniver- niversary of his birth on August 27, ∑ [Hikaru] Kimura, Mr. [Yukio] Okamoto and sary of Charles Gates Dawes. the Mitsubishi Materials Corporation for in- 1865. Charles Dawes holds a special f viting me to be a witness to this extraor- place in American history, devoting dinary occasion. much of his life to public service, and TRIBUTE TO JAN THOMPSON I have known Kinue for many years as a today his memory lives on in Evans- ∑ Mr. KIRK. Mr. President, today I dear friend and an advocate for our former ton, IL, the place where Dawes and his commemorate my constituent from POWs. She has worked very hard over the family called home for nearly 60 years. Carbondale, IL, Ms. Jan Thompson, for years to bring all of us together today for Serving as Vice President of the her extraordinary work on behalf of this important event and she should be rec- United States from 1925 to 1929 under American veterans. Ms. Thompson is a ognized for her dedication and perseverance. I had three roles in the room: one role as President Calvin Coolidge, Dawes dis- professor at Southern Illinois Univer- a daughter of a former POW, Robert E. tinguished himself in the service of his sity and the founder and president of Thompson; another role as a filmmaker; and country on a national and inter- the American Defenders of Bataan and as President of the American Defenders of national scale. Dawes served as briga- Corregidor—ADBC—Memorial Society. Bataan & Corregidor [ADBC] Memorial Soci- dier general in charge of the American On Sunday, July 19, 2015, Ms. Thomp- ety. Expeditionary Force Office of Supply son and ADBC had the historic respon- Being a witness today is meaningful to me. during World War I, where he led the sibility of being offered the first Japa- Seventy years ago our countries were at Allied Supply Board and subsequently war and we were enemies. Terrible things nese corporate apology for forced labor happen during war. Our 16th President, Abra- received medals for distinguished serv- by American prisoners of war—POWS— ham Lincoln stated ‘‘We cannot escape his- ice from each of the Allied countries. during World War II. tory,’’ and perhaps Prime Minister [Shinzo] On December 10, 1926, Dawes was Over 900 American civilian and mili- Abe was paying homage by saying at his re- awarded the 1925 Nobel Peace Prize for tary POWs were slave laborers in four cent address to Congress: ‘‘We cannot avert his work on the ‘‘Dawes Plan’’ that re- mines owned by Mitsubishi Mining our eyes . . .’’ structured German reparation repay- Company Ltd. during World War II. Ms. For some former POWs an apology is im- ments following World War I and tem- Thompson, whose organization rep- portant and they are grateful. For others, the apology is 70 years too late. porarily helped to restore balance to resents surviving POWs, their families, Unfortunately for those who have passed Europe, easing tensions between Ger- descendants, and researchers working away [they] were not able to hear the mov- many and France. on POW history, accepted on their be- ing words of Mr. Kimura. In addition to his work under the half an apology offered by Mitsubishi The mission of the ADBC Memorial Soci- Coolidge administration, Dawes served Mining’s successor company, ety is education and to preserve the legacy four other U.S. Presidents in various Mitsubishi Materials. of those who had been POWs of Imperial offices that included Comptroller of Thompson’s father, Robert E. Japan. Our mission is to preserve their his- the Currency, First Director of the Thompson, was a Pharmacist’s Mate tory accurately. We see this apology today as an acknowledgment that their use of Federal Bureau of the Budget, and aboard the USS Canopus—AS–9—a sub- forced labor for Mitsubishi Mining violated President of the Reconstruction Fi- marine tender moored in Manila Bay at their human rights and their dignity. This nance Corporation. Dawes also served the outbreak of the war on December 8, apology is important to silence those who as U.S. Ambassador to Great Britain, a 1941. The tender was the only heavy deny these facts. position he held until 1931. As Ambas- ship left to service the submarines dur- It is obvious that this decision to apologize sador, Dawes successfully helped to ne- ing the defense of the Philippines. The did not happen overnight. It took people gotiate treaties in international law crew scuttled her the night before Ba- with the same mind, the same goal, and the and arms limitations. As the American same courage to make this happen. taan was surrendered on April 9, 1942 Mitsubishi Materials Corporation should delegate to the London Naval Con- and escaped to fight on Corregidor Is- be a role model for other Japanese corpora- ference in 1930, he specifically worked land. tions: to come forward and apologize. We to broker an agreement between Japan, Robert Thompson attended to the hope the citizens of Japan will support to- France, Italy, Great Britain, and the wounded during the final month of the day’s action. The employees of Mitsubishi

VerDate Sep 11 2014 08:04 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00051 Fmt 0637 Sfmt 0634 E:\CR\FM\G05AU6.052 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE S6378 CONGRESSIONAL RECORD — SENATE August 5, 2015 Materials Corporation should be proud of rials and tools business, all in California, as At-Large in Kansas City, MO. In typ- their company. well as a polysilicon plant in Alabama. We ical fashion, Melba jumped in feet first We thank Mr. Kimura for his sincere apol- believe that our company provides fulfilling to tackle a wide range of issues facing ogy and we hope today starts a relationship jobs for local employees and contributes to the city. Whether it was housing, between the ADBC Memorial Society and host communities through its business. Mitsubishi Materials Corporation to further The American Defenders of Bataan & Cor- transportation and infrastructure, or our goal of reconciliation and education for regidor Museum in Wellsburg, West Virginia issues pertaining to public safety, generations to come. archives extensive records and memorabilia Melba was going to be a leader fighting We see this apology as one very important of POWs. These records and memorabilia will for the good of her community. step forward and we cannot let what hap- be handed down to future generations for Melba is now completing her second pened today die or be forgotten. educational purposes. and final term on the city council. Dur- STATEMENT BY MITSUBISHI MATERIALS COR- I will visit the museum the day after to- ing her time in elected office, she has PORATION SENIOR EXECUTIVE OFFICER HIKARU morrow to view the exhibits and visualize earned the respect of her colleagues, KIMURA IN THE MEETING WITH A FORMER how POWs were forced to work under harsh conditions. For now, however, I am pleased civic organizations, and the commu- AMERICAN POW AND FAMILIES OF FORMER nity at large. POWS to announce that Mitsubishi Materials has donated 50,000 U.S. dollars to the museum to I know Melba is now looking forward Good afternoon, ladies and gentlemen, to traveling and spending more time speaking on behalf of Mitsubishi Materials, support its activities. thank you very much for this opportunity to Finally, I sincerely thank Ms. Kinue with her beautiful family. However, I meet with you today at the Museum of Tol- Tokudome and the members of the American also know Melba—when she sees work erance. Defenders of Bataan & Corregidor Memorial that needs to be done, she will be there. Mitsubishi Mining Company Limited, the Society for creating this opportunity to While her time as an elected official predecessor of Mitsubishi Materials, was en- meet with you today. I also express my sin- may be coming to an end, her time as cere thanks to Rabbi Abraham Cooper for of- gaged in coal and metal mining during World a force for good is not. Thanks to her War II. As the war intensified, prisoners of fering the Museum of Tolerance as a venue for the ceremony. And I express my deep lifelong passion and drive, her neigh- war were placed in a wide range of industries borhood, the city of Kansas City, and to offset labor shortages. As part of this, gratitude to all others involved in arranging close to 900 American POWs were allocated this gathering. the State of Missouri are, and will con- to four mines operated by Mitsubishi Mining I would also like to thank the family mem- tinue to be, better places for us all. in Japan. bers of a non-U.S. POW [Mr. Stanley Gibson I ask that the Senate join me in con- I joined Mitsubishi Materials as a postwar from Scotland, whose late father James Gib- gratulating Melba Curls on a job well baby-boomer and have worked in the com- son, a private in the Argyll and Sutherland done, and wishing her nothing but the Highlanders captured in Malaya in 1942, was pany for 34 years. I have read the memoirs of best in the years to come.∑ Mr. James Murphy, who is present here at also a slave laborer in the Mitsubishi f this ceremony, and those of other former Osarizawa mine] who have come from very POWs, as well as records of court trials. far away to attend this ceremony. STURGIS MOTORCYCLE RALLY Through these accounts, I have learned I truly hope that this gathering marks the starting point of a new relationship between 75TH ANNIVERSARY about the terrible pain that POWs experi- ∑ enced in the mines of Mitsubishi Mining. former POWs and Mitsubishi Materials. Mr. ROUNDS. Mr. President, today I ∑ The POWs, many of whom were suffering Thank you very much. wish to commemorate the 75th anni- from disease and injury, were subjected to f versary of the Sturgis Motorcycle hard labor, including during freezing win- Rally, taking place this week in TRIBUTE TO MELBA CURLS ters, working without sufficient food, water, Sturgis, SD. No single week in the en- medical treatment or sanitation. When we ∑ Mrs. MCCASKILL. Mr. President, I tire year boasts a greater influx in the think of their harsh lives in the mines, we ask the Senate to join me in congratu- State’s overall population than the cannot help feeling deep remorse. lating my good friend Melba Curls on week of the annual event the first week I would like to express our deepest sense of her retirement from her many years of ethical responsibility for the tragic experi- of August. During that week, motorcy- ences of all U.S. POWs, including Mr. James service to the city of Kansas City and clists gather together in perhaps the Murphy, who were forced to work under the State of Missouri. largest bike gathering of all time. This harsh conditions in the mines of the former Melba’s journey as an agent of year, more than 1 million visitors from Mitsubishi Mining. change began early in her life as a across the world are estimated to at- On behalf of Mitsubishi Materials, I offer member of one of the first classes to in- tend the rally—more than the entire our sincerest apology. tegrate Kansas City’s Central High population of South Dakota. I also extend our deepest condolence to School. Soon thereafter she found her- What began as a single motorcycle their fellow U.S. POWs who worked along- side them but have since passed away. self active in the NAACP’s Youth Pro- race in 1938, the weeklong rally takes To the bereaved families who are present gram. It was through that involvement place in the small town of Sturgis in at this ceremony, I also offer our most re- that she met her future husband and the Black Hills of western South Da- morseful apology. my good friend State senator Phil B. kota, a normally quiet town with a This cannot happen again, and of course, Curls. While Phil passed from us far population of just over 6,000. During Mitsubishi Materials intends to never let too soon, it was not before spending 43 the week of the rally, however, Main this happen again. wonderful years wed to Melba. Street Sturgis evolves into a platform We now have a clear corporate mission of Melba began her career in public working for the benefit of all people, all soci- for chrome, leather, and denim, where eties and indeed the entire globe. Respecting service as a valued staff member to motorcycle enthusiasts and other tour- the basic human rights of all people is a core former Kansas City mayor Charles ists come to enjoy like-minded com- principle of Mitsubishi Materials, and we Wheeler and then to U.S. Senator Tom pany, various forms of entertainment, will continue to strongly adhere to this prin- Eagleton. She then dedicated nearly 15 the South Dakota landscape, and local ciple. years of her life to improving the lives food and grub. Our management team wishes for the of countless Missourians, through her The economic impact of the rally is health and happiness of our employees every work at KCMC Child Development Cor- impressive. A study conducted by the day, and we ask that all of them work not poration and its Head Start Program. Rally Department of the city of only diligently, but also with a sense of eth- ics. The people of Missouri’s 41st House Sturgis gauged the economic impact of Mitsubishi Materials supplies general ma- District elected Melba to represent the 2010 rally, which hosted 466,000 terials that enrich people’s lives, from ce- them in the Missouri House of Rep- attendees, as generating roughly $817 ment to cellphone components and auto resentatives in 1999. Her 7 years in the million dollars in economic activity for parts, all of which are closely related to peo- general assembly saw her work across the State. That is just in 1 year. ple’s lives. We also place a strong emphasis the political aisle, with both urban and And not just the city of Sturgis bene- on recycling for more sustainable societies, rural legislators and with officials fits. Though the rally only lasts a such as recovering valuable metals from used from executive departments in order to week, the magnificence of the State electrical appliances and other scrapped ma- terials. make her community and her State a often compels visitors to stick around Here in the United States, we have plants better place for us all. even longer. Many attendees travel to for cement and ready-mixed concrete, and a In 2007, Melba was elected as city South Dakota weeks before the rally sales headquarters for our advanced mate- councilwoman for the third District, begins or extend their stay afterward

VerDate Sep 11 2014 06:29 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00052 Fmt 0637 Sfmt 0634 E:\CR\FM\A05AU6.083 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE August 5, 2015 CONGRESSIONAL RECORD — SENATE S6379 to travel our State and take in its termination Act of 1996, and for other pur- Mr. CASSIDY, Mr. COONS, Mr. DURBIN, beauty and many tourist attractions. poses. Mrs. FEINSTEIN, Mrs. GILLIBRAND, Mr. With the Black Hills National Forest, f MERKLEY, Mr. MURPHY, Mr. REED, Mr. SCHUMER, and Mrs. SHAHEEN): Badlands National Park, Mount Rush- REPORTS OF COMMITTEES S. 1938. A bill to amend title 38, United more National Monument, and the The following reports of committees States Code, to improve the approval of cer- Crazy Horse Memorial all within driv- tain programs of education for purposes of ing distance, visitors can experience were submitted: educational assistance provided by the De- the buzzing commotion of bikers and By Mr. JOHNSON, from the Committee on partment of Veterans Affairs, and for other chrome one day and the pristine beau- Homeland Security and Governmental Af- purposes; to the Committee on Veterans’ Af- ty of South Dakota’s Black Hills the fairs, with an amendment in the nature of a fairs. substitute: By Mrs. SHAHEEN (for herself and Mr. next. The contrast is captivating, and S. 1603. A bill to actively recruit members HATCH): it boosts economic activity throughout of the Armed Forces who are separating from S. 1939. A bill to amend the Higher Edu- the region. By all accounts, this year military service to serve as Customs and cation Act of 1965 to provide for institutional has been no different. It appears the Border Protection Officers (Rept. No. 114– ineligibility based on low cohort repayment 75th Annual Sturgis Motorcycle Rally 116). rates and to require risk sharing payments is already off to a great start, and it By Mr. BARRASSO, from the Committee of institutions of higher education; to the could very well be a record-breaking on Indian Affairs: Committee on Health, Education, Labor, and Pensions. year. Report to accompany S. 710, a bill to reau- thorize the Native American Housing Assist- By Mr. SCHATZ: Rally week is always an exciting ance and Self-Determination Act of 1996, and S. 1940. A bill to improve the retirement time to be in South Dakota, and I wish for other purposes (Rept. No. 114–117). security of American families by increasing everyone attending this year’s rally a By Mr. HATCH, from the Committee on Fi- Social Security benefits for current and fu- safe, happy, and fun-filled trip. Con- nance, without amendment: ture beneficiaries while making Social Secu- gratulations to everyone who has S. 1946. An original bill to amend the Inter- rity stronger for future generations; to the worked to make the rally a world-re- nal Revenue Code of 1986 to extend expiring Committee on Finance. provisions, and for other purposes (Rept. No. By Mr. GARDNER (for himself and Mr. nowned event over the past 75 years. I BENNET): wish our State and the city of Sturgis 114–118). By Mr. HATCH, from the Committee on Fi- S. 1941. A bill to authorize, direct, expe- many more successful years of hosting nance: dite, and facilitate a land exchange in El the Sturgis Motorcycle Rally.∑ Special Report entitled ‘‘The Internal Rev- Paso and Teller Counties, Colorado, and for other purposes; to the Committee on Energy f enue Service’s Processing of 501(c)(3) and and Natural Resources. 501(c)(4) Applications for Tax-Exempt Status By Mr. GARDNER: TRIBUTE TO CHLOE CHRISTENSEN Submitted by ‘‘Political Advocacy’’ Organi- S. 1942. A bill to require a land conveyance ∑ zations from 2010–2013’’ (Rept . No. 114–119). Mr. THUNE. Mr. President, today I involving the Elkhorn Ranch and the White recognize Chloe Christensen, an intern f River National Forest in the State of Colo- in my Rapid City office as well as my EXECUTIVE REPORTS OF rado, and for other purposes; to the Com- leadership office at the Senate Repub- mittee on Energy and Natural Resources. COMMITTEES lican Conference, for all of the hard By Mr. ALEXANDER: work she has done for me, my staff, The following executive reports of S. 1943. A bill to modify the boundary of nominations were submitted: the Shiloh National Military Park located in and the State of South Dakota. the State of Tennessee and Mississippi, to es- Chloe will begin attending George By Mr. HATCH for the Committee on Fi- tablish Parker’s Crossroads Battlefield as an Washington University this fall where nance. affiliated area of the National Park System, she will major in international affairs. Marisa Lago, of New York, to be a Deputy and for other purposes; to the Committee on Chloe is a dedicated worker who has United States Trade Representative, with Energy and Natural Resources. the rank of Ambassador. By Mr. SULLIVAN: been committed to getting the most *W. Thomas Reeder, Jr., of Virginia, to be out of her experience. S. 1944. A bill to require each agency to re- Director of the Pension Benefit Guaranty peal or amend 1 or more rules before issuing I extend my sincere thanks and ap- Corporation. or amending a rule; to the Committee on preciation to Chloe Christensen for all By Mr. ALEXANDER for the Committee Homeland Security and Governmental Af- of the fine work she has done and wish on Health, Education, Labor, and Pensions. fairs. her continued success in the years to *Walter A. Barrows, of Ohio, to be a Mem- By Mr. CASSIDY (for himself, Mr. come.∑ ber of the Railroad Retirement Board for a MURPHY, and Ms. COLLINS): term expiring August 28, 2019. S. 1945. A bill to make available needed f *Kathryn K. Matthew, of South Carolina, psychiatric, psychological, and supportive MESSAGES FROM THE PRESIDENT to be Director of the Institute of Museum services for individuals with mental illness and Library Services for a term of four and families in mental health crisis, and for Messages from the President of the years. other purposes; to the Committee on Health, United States were communicated to *Karen Bollinger DeSalvo, of Louisiana, to Education, Labor, and Pensions. the Senate by Mr. Pate, one of his sec- be an Assistant Secretary of Health and By Mr. HATCH: retaries. Human Services. S. 1946. An original bill to amend the Inter- nal Revenue Code of 1986 to extend expiring f *W. Thomas Reeder, Jr., of Virginia, to be Director of the Pension Benefit Guaranty provisions, and for other purposes; from the EXECUTIVE MESSAGES REFERRED Corporation. Committee on Finance; placed on the cal- As in executive session the Presiding *Nomination was reported with rec- endar. By Mr. MERKLEY: Officer laid before the Senate messages ommendation that it be confirmed sub- S. 1947. A bill to exclude the discharge of from the President of the United ject to the nominee’s commitment to certain Federal student loans from the cal- States submitting sundry nominations respond to requests to appear and tes- culation of gross income; to the Committee which were referred to the appropriate tify before any duly constituted com- on Finance. committees. mittee of the Senate. By Mr. MERKLEY: (The messages received today are (Nominations without an asterisk S. 1948. A bill to increase awareness of the were reported with the recommenda- Federal student loan income-based repay- printed at the end of the Senate pro- ment plan, and for other purposes; to the ceedings.) tion that they be confirmed.) Committee on Health, Education, Labor, and f f Pensions. By Mr. SCHUMER (for himself, Ms. MEASURES DISCHARGED INTRODUCTION OF BILLS AND KLOBUCHAR, Mr. BLUMENTHAL, and The following bill was discharged JOINT RESOLUTIONS Mrs. BOXER): from the Committee on Banking, Hous- The following bills and joint resolu- S. 1949. A bill to make it unlawful to alter ing, and Urban Affairs, pursuant to the tions were introduced, read the first or remove the unique equipment identifica- order of May 27, 1988, and placed on the and second times by unanimous con- tion number of a mobile device; to the Com- mittee on the Judiciary. calendar: sent, and referred as indicated: By Mr. SCHUMER: S. 710. A bill to reauthorize the Native By Mr. BLUMENTHAL (for himself, S. 1950. A bill to amend the National Voter American Housing Assistance and Self-De- Mr. TILLIS, Mr. BROWN, Mr. CARPER, Registration Act of 1993 to provide for online

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voter registration and for other purposes; to By Mr. ROUNDS (for himself and Mr. HEITKAMP, Ms. HIRONO, Ms. KLO- the Committee on Rules and Administration. KING): BUCHAR, Mrs. MCCASKILL, Mrs. MUR- By Mr. SCHUMER: S. 1963. A bill to amend the Consumer Fi- RAY, Mrs. SHAHEEN, Ms. STABENOW, S. 1951. A bill to amend the Help America nancial Protection Act of 2010 to establish and Ms. WARREN): Vote Act of 2002 to require the availability of advisory boards, and for other purposes; to S. 1975. A bill to establish the Sewall-Bel- early voting or no-excuse absentee voting; to the Committee on Banking, Housing, and mont House National Historic Site as a unit the Committee on Rules and Administration. Urban Affairs. of the National Park System, and for other By Mr. SCHUMER: By Mr. WYDEN (for himself, Ms. STA- purposes; to the Committee on Energy and S. 1952. A bill to amend the National Voter BENOW, Mr. CASEY, Mr. BENNET, Mr. Natural Resources. Registration Act of 1993 to modify the proce- BROWN, Ms. CANTWELL, Mr. SCHUMER, By Mr. SCHUMER: dures for change of address; to the Com- and Mr. MENENDEZ): S. 1976. A bill to prohibit the distribution mittee on Rules and Administration. S. 1964. A bill to amend parts B and E of in commerce of children’s products and up- By Mr. CASEY: title IV of the Social Security Act to invest holstered furniture containing certain flame S. 1953. A bill to amend the Solid Waste in funding prevention and family services to retardants, and for other purposes; to the Disposal Act to authorize States to restrict help keep children safe and supported at Committee on Commerce, Science, and interstate waste imports and impose a high- home with their families, and for other pur- Transportation. er fee on out-of-State waste; to the Com- poses; to the Committee on Finance. By Mrs. BOXER (for herself and Mrs. mittee on Environment and Public Works. By Mr. BOOKER (for himself, Mr. FEINSTEIN): By Mr. WYDEN: PAUL, Mr. LEE, and Mr. DURBIN): S. 1977. A bill to provide family members S. 1954. A bill to amend the Internal Rev- S. 1965. A bill to place restrictions on the and close associates of an individual who enue Code of 1986 to provide a tax incentive use of solitary confinement for juveniles in they fear is a danger to himself, herself, or to individuals teaching in public elementary Federal custody; to the Committee on the others new tools to prevent gun violence; to and secondary schools located in rural or Judiciary. the Committee on the Judiciary. high unemployment areas and to individuals By Mr. BOOZMAN (for himself, Mr. By Mr. KIRK (for himself and Mr. DON- who achieve certification from the National MCCONNELL, Mr. KIRK, Mr. BROWN, NELLY): Board for Professional Teaching Standards, Mr. DONNELLY, and Mr. BENNET): S. 1978. A bill to amend the Investment Ad- and for other purposes; to the Committee on S. 1966. A bill to amend the Richard B. Rus- visers Act of 1940 to prevent duplicative reg- Finance. sell National School Lunch Act to require al- ulation of advisers of small business invest- By Mr. SULLIVAN: ternative options for program delivery; to ment companies; to the Committee on Bank- S. 1955. A bill to amend the Alaska Native the Committee on Agriculture, Nutrition, ing, Housing, and Urban Affairs. Claims Settlement Act to provide for equi- and Forestry. By Mrs. MURRAY: table allotment of land to Alaska Native vet- By Mr. KIRK: S. 1979. A bill to direct the Chief of Engi- erans; to the Committee on Energy and Nat- S. 1967. A bill to provide for the convey- neers to transfer an archaeological collec- ural Resources. ance of land of the Illiana Health Care Sys- tion, commonly referred to as the Kennewick By Ms. STABENOW (for herself, Mr. tem of the Department of Veterans Affairs in Man or the Ancient One, to the Washington PETERS, and Ms. BALDWIN): State Department of Archeology and His- S. 1956. A bill to require the Under Sec- Danville, Illinois; to the Committee on Vet- toric Preservation; to the Committee on En- retary for Oceans and Atmosphere to con- erans’ Affairs. vironment and Public Works. duct an assessment of cultural and historic By Mr. BLUMENTHAL (for himself and By Mr. MENENDEZ (for himself, Mrs. resources in the waters of the Great Lakes, Mr. MARKEY): S. 1968. A bill to amend the Securities Ex- OXER, Ms. MIKULSKI, Ms. KLO- and for other purposes; to the Committee on B Commerce, Science, and Transportation. change Act of 1934 to require certain compa- BUCHAR, Mr. FRANKEN, Mrs. FEIN- By Mrs. FEINSTEIN (for herself, Mr. nies to disclose information describing any STEIN, Mrs. GILLIBRAND, and Mr. measures the company has taken to identify BOOKER): LANKFORD, Mr. COTTON, Mrs. CAPITO, and address conditions of forced labor, slav- S. 1980. A bill to posthumously award a Mr. LEAHY, Mr. MERKLEY, and Mr. ery, human trafficking, and the worst forms Congressional gold medal to Alice Paul, in CRAPO): S. 1957. A bill to require the Attorney Gen- of child labor within the company’s supply recognition of her role in the women’s suf- eral to provide State officials with access to chains; to the Committee on Banking, Hous- frage movement and in advancing equal criminal history information with respect to ing, and Urban Affairs. rights for women; to the Committee on certain financial service providers required By Mr. SANDERS: Banking, Housing, and Urban Affairs. to undergo State criminal background S. 1969. A bill to designate Federal election By Ms. WARREN (for herself, Mr. checks, and for other purposes; to the Com- day as a public holiday; to the Committee on LEAHY, Mr. WYDEN, Mr. DURBIN, Mr. mittee on Banking, Housing, and Urban Af- the Judiciary. MENENDEZ, Mr. SANDERS, Mr. BROWN, fairs. By Mr. SANDERS: Mr. WHITEHOUSE, Mrs. SHAHEEN, Mrs. By Mr. MENENDEZ (for himself, Mr. S. 1970. A bill to establish national proce- GILLIBRAND, Mr. FRANKEN, Mr. BOOKER, Mrs. GILLIBRAND, Mr. dures for automatic voter registration for BLUMENTHAL, Mr. SCHATZ, Ms. BALD- FRANKEN, and Ms. WARREN): elections for Federal Office; to the Com- WIN, Mr. MURPHY, Ms. HIRONO, and S. 1958. A bill to establish additional pro- mittee on Rules and Administration. Mr. MARKEY): tections and disclosures for students and co- By Mrs. BOXER (for herself and Mrs. S. 1981. A bill to amend the Fair Credit Re- signers with respect to student loans, and for FEINSTEIN): porting Act to prohibit the use of consumer other purposes; to the Committee on Health, S. 1971. A bill to expand the boundary of credit checks against prospective and cur- Education, Labor, and Pensions. the California Coastal National Monument, rent employees for the purposes of making By Mr. BENNET (for himself and Mr. and for other purposes; to the Committee on adverse employment decisions; to the Com- FRANKEN): Energy and Natural Resources. mittee on Health, Education, Labor, and S. 1959. A bill to provide greater controls By Mr. KIRK (for himself and Mrs. Pensions. and restrictions on revolving door lobbying; SHAHEEN): By Mr. CARDIN (for himself and Mr. to the Committee on Homeland Security and S. 1972. A bill to require air carriers to BOOZMAN): Governmental Affairs. modify certain policies with respect to the S. 1982. A bill to authorize a Wall of Re- By Mr. REED (for himself and Mrs. use of epinephrine for in-flight emergencies, membrance as part of the Korean War Vet- SHAHEEN): and for other purposes; to the Committee on erans Memorial and to allow certain private S. 1960. A bill to establish a statute of limi- Commerce, Science, and Transportation. contributions to fund the Wall of Remem- tations for certain actions of the Securities By Mr. PAUL: brance; to the Committee on Energy and and Exchange Commission, and for other S. 1973. A bill to amend the Internal Rev- Natural Resources. purposes; to the Committee on Banking, enue Code of 1986 to expand the deduction for By Mrs. BOXER (for herself and Mrs. Housing, and Urban Affairs. interest on education loans, to extend and FEINSTEIN): By Mr. SCHUMER (for himself, Mrs. expand the deduction for qualified tuition S. 1983. A bill to authorize the Pechanga GILLIBRAND, Mr. BLUMENTHAL, and and related expenses, and eliminate the limi- Band of Luiseno Mission Indians Water Mr. MENENDEZ): tation on contributions to Coverdell edu- Rights Settlement, and for other purposes; S. 1961. A bill to amend titles XVIII and cation savings accounts; to the Committee to the Committee on Indian Affairs. XIX of the Social Security Act to make im- on Finance. By Mr. LANKFORD: provements to the treatment of the United By Ms. HEITKAMP: S. 1984. A bill to prevent Indian tribes and States territories under the Medicare and S. 1974. A bill to require the Bureau of Con- tribal organizations that cultivate, manufac- Medicaid programs, and for other purposes; sumer Financial Protection to amend its ture, or distribute marijuana on Indian land to the Committee on Finance. regulations relating to qualified mortgages, from receiving Federal funds; to the Com- By Mr. BENNET (for himself and Mr. and for other purposes; to the Committee on mittee on Indian Affairs. GARDNER): Banking, Housing, and Urban Affairs. By Mr. HATCH: S. 1962. A bill to authorize 2 additional dis- By Ms. MIKULSKI (for herself, Ms. S. 1985. A bill to provide for the convey- trict judgeships for the district of Colorado; BALDWIN, Mrs. BOXER, Ms. CANTWELL, ance of certain land to Washington County, to the Committee on the Judiciary. Mrs. FEINSTEIN, Mrs. GILLIBRAND, Ms. Utah, to authorize the exchange of Federal

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land and non-Federal land in the State of By Mr. HEINRICH (for himself and Ms. BLUMENTHAL, Mr. BOOKER, Mrs. Utah, and for other purposes; to the Com- HIRONO): BOXER, Mr. COONS, Mr. DONNELLY, mittee on Energy and Natural Resources. S. 1998. A bill to improve college afford- Mr. DURBIN, Mrs. FEINSTEIN, Mr. By Mr. REID: ability; to the Committee on Health, Edu- FRANKEN, Mrs. GILLIBRAND, Mr. HEIN- S. 1986. A bill to provide for a land convey- cation, Labor, and Pensions. RICH, Ms. HEITKAMP, Ms. HIRONO, Mr. ance in the State of Nevada; to the Com- By Mr. NELSON: KAINE, Mr. KING, Ms. KLOBUCHAR, Mr. mittee on Indian Affairs. S. 1999. A bill to authorize the Secretary of LEAHY, Mr. MANCHIN, Mr. MARKEY, By Mr. INHOFE (for himself, Mr. the department in which the Coast Guard is Mrs. MCCASKILL, Mr. MERKLEY, Ms. THUNE, and Mr. GRASSLEY): operating to act, without liability for cer- MIKULSKI, Mr. MURPHY, Mrs. MUR- S. 1987. A bill to amend the Toxic Sub- tain damages, to prevent and respond to the RAY, Mr. PETERS, Mr. REED, Mr. stances Control Act relating to lead-based threat of damage from pollution of the sea SANDERS, Mr. SCHATZ, Mrs. SHAHEEN, paint renovation and remodeling activities; by crude oil, and for other purposes; to the Mr. TESTER, Mr. UDALL, Ms. WARREN, to the Committee on Environment and Pub- Committee on Commerce, Science, and and Mr. WHITEHOUSE): lic Works. Transportation. S. Res. 246. A resolution commemorating By Mr. INHOFE: By Mr. HOEVEN (for himself and Mr. 80 years since the creation of Social Secu- S. 1988. A bill to enhance the security of MANCHIN): rity; to the Committee on Finance. military personnel at United States military S. 2000. A bill to amend title 38, United By Mr. ISAKSON: installations and operating locations; to the States Code, to allow the Secretary of Vet- S. Res. 247. A resolution commemorating Committee on Armed Services. erans Affairs to enter into certain agree- and honoring the actions of President Harry By Mr. CASSIDY: ments with non-Department of Veterans Af- S. Truman and the crews of the Enola Gay S. 1989. A bill to improve access to primary fairs health care providers if the Secretary is and Bockscar in using the atomic bomb to care services; to the Committee on Finance. not feasibly able to provide health care in fa- bring World War II to an end; to the Com- By Mr. HATCH (for himself and Mr. cilities of the Department or through con- mittee on Foreign Relations. CARPER): By Mr. SESSIONS (for himself, Mr. S. 1990. A bill to require Inspectors General tracts or sharing agreements, and for other HELBY, Mr. MENENDEZ, Mr. VITTER, and the Comptroller General of the United purposes; to the Committee on Veterans’ Af- S States to submit reports on the use of logical fairs. Mrs. FEINSTEIN, Mr. MORAN, Mrs. access controls and other security practices By Ms. AYOTTE: BOXER, Ms. AYOTTE, Mr. CARDIN, Mr. to safeguard classified and personally identi- S. 2001. A bill to phase out special wage KING, Mr. BLUNT, Mr. BOOKER, and fiable information on Federal computer sys- certificates under section 14(c) of the Fair Mr. BOOZMAN): tems, and for other purposes; to the Com- Labor Standards Act of 1938 that allow indi- S. Res. 248. A resolution designating Sep- mittee on Homeland Security and Govern- viduals with disabilities to be paid at sub- tember 2015 as ‘‘National Prostate Cancer mental Affairs. minimum wage rates; to the Committee on Awareness Month’’; considered and agreed to. By Mr. MCCAIN: Health, Education, Labor, and Pensions. S. 1991. A bill to eliminate the sunset date By Mr. CORNYN: f for the Choice Program of the Department of S. 2002. A bill to strengthen our mental Veterans Affairs, to expand eligibility for health system and improve public safety; to ADDITIONAL COSPONSORS such program, and for other purposes; to the the Committee on the Judiciary. S. 142 Committee on Veterans’ Affairs. f At the request of Mr. NELSON, the By Mr. ROUNDS (for himself, Mr. name of the Senator from Massachu- THUNE, Mr. DAINES, Mr. INHOFE, Mr. SUBMISSION OF CONCURRENT AND setts (Ms. WARREN) was added as a co- ENZI, and Mr. CRAPO): SENATE RESOLUTIONS S. 1992. A bill to amend chapter 44 of title sponsor of S. 142, a bill to require the 18, United States Code, to provide that a The following concurrent resolutions Consumer Product Safety Commission member of the Armed Forces and the spouse and Senate resolutions were read, and to promulgate a rule to require child of that member shall have the same rights referred (or acted upon), as indicated: safety packaging for liquid nicotine regarding the receipt of firearms at the loca- By Ms. MIKULSKI (for herself and Ms. containers, and for other purposes. tion of any duty station of the member; to COLLINS): S. 210 the Committee on Armed Services. S. Res. 242. A resolution celebrating 25 At the request of Mr. CASEY, the By Mr. MCCAIN (for himself and Mr. years of success from the Office of Research BENNET): on Women’s Health at the National Insti- name of the Senator from Hawaii (Mr. S. 1993. A bill to establish the 21st Century tutes of Health; to the Committee on Health, SCHATZ) was added as a cosponsor of S. Conservation Service Corps to place youth Education, Labor, and Pensions. 210, a bill to amend the Internal Rev- and veterans in the United States in na- By Mr. VITTER (for himself, Mrs. SHA- enue Code of 1986 to allow a credit tional service positions to protect, restore, HEEN, Mr. ENZI, Ms. HIRONO, Mr. against income tax for amounts paid and enhance the great outdoors of the United RISCH, Mr. PETERS, Ms. AYOTTE, and States, and for other purposes; to the Com- by a spouse of a member of the Armed Mr. GARDNER): mittee on Energy and Natural Resources. Forces for a new State license or cer- S. Res. 243. A resolution celebrating the By Mr. CARPER: tification required by reason of a per- 35th anniversary of the Small Business De- S. 1994. A bill to amend the Internal Rev- manent change in the duty station of enue Code of 1986 to increase certain fuel velopment Centers of the United States; to the Committee on Small Business and Entre- such member to another State. taxes and to strengthen the earned income At the request of Ms. AYOTTE, her tax credit and make permanent certain tax preneurship. provisions under the American Recovery and By Mr. FRANKEN (for himself, Mr. name was added as a cosponsor of S. Reinvestment Act of 2009; to the Committee UDALL, Mr. LEAHY, Ms. BALDWIN, Mr. 210, supra. on Finance. MERKLEY, and Mr. SANDERS): S. 235 S. Res. 244. A resolution expressing the By Mr. SCHUMER: At the request of Mr. WYDEN, the sense of the Senate regarding the ‘‘Laudato S. 1995. A bill to provide grants for projects name of the Senator from California to acquire land and water for parks and Si’’ encyclical of Pope Francis, and global (Mrs. BOXER) was added as a cosponsor other outdoor recreation purposes and to de- climate change; to the Committee on Envi- velop new or renovate existing outdoor ronment and Public Works. of S. 235, a bill to provide for wildfire recreation facilities; to the Committee on By Mr. CARDIN (for himself, Ms. COL- suppression operations, and for other Energy and Natural Resources. LINS, Mr. BROWN, Mr. PORTMAN, Mr. purposes. By Mr. WARNER (for himself and Mr. KING, Mr. MENENDEZ, Mr. GRASSLEY, S. 271 Mr. MURPHY, Ms. KLOBUCHAR, Mr. PORTMAN): At the request of Ms. AYOTTE, her BOOKER, Mr. MARKEY, Mr. S. 1996. A bill to streamline the employer name was added as a cosponsor of S. reporting process and strengthen the eligi- BLUMENTHAL, Ms. AYOTTE, and Mrs. bility verification process for the premium MURRAY): 271, a bill to amend title 10, United assistance tax credit and cost-sharing sub- S. Res. 245. A resolution designating the States Code, to permit certain retired sidy; to the Committee on Finance. week beginning September 13, 2015, as ‘‘Na- members of the uniformed services who By Mr. BENNET (for himself and Mr. tional Direct Support Professionals Recogni- have a service-connected disability to CRAPO): tion Week’’; to the Committee on the Judici- receive both disability compensation S. 1997. A bill to amend the Robert T. Staf- ary. from the Department of Veterans Af- ford Disaster Relief and Emergency Assist- By Mr. WYDEN (for himself, Mr. REID, fairs for their disability and either re- ance Act to provide for wildfire mitigation Mr. SCHUMER, Ms. STABENOW, Ms. grants and financial assistance in certain CANTWELL, Mr. NELSON, Mr. MENEN- tired pay by reason of their years of areas affected by wildfires; to the Committee DEZ, Mr. CARPER, Mr. CARDIN, Mr. military service or Combat-Related on Homeland Security and Governmental Af- BROWN, Mr. BENNET, Mr. CASEY, Mr. Special Compensation, and for other fairs. WARNER, Ms. BALDWIN, Mr. purposes.

VerDate Sep 11 2014 06:29 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00055 Fmt 0637 Sfmt 0634 E:\CR\FM\A05AU6.017 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE S6382 CONGRESSIONAL RECORD — SENATE August 5, 2015 S. 283 sponsor of S. 598, a bill to improve the Armed Forces that are related to that At the request of Mr. FLAKE, the understanding of, and promote access exposure, to establish an advisory name of the Senator from Indiana (Mr. to treatment for, chronic kidney dis- board on such health conditions, and COATS) was added as a cosponsor of S. ease, and for other purposes. for other purposes. 283, a bill to prohibit the Internal Rev- S. 613 S. 928 enue Service from modifying the stand- At the request of Mrs. GILLIBRAND, At the request of Mrs. GILLIBRAND, ard for determining whether an organi- the name of the Senator from Oregon the name of the Senator from Colorado zation is operated exclusively for the (Mr. WYDEN) was added as a cosponsor (Mr. BENNET) was added as a cosponsor promotion of social welfare for pur- of S. 613, a bill to amend the Richard B. of S. 928, a bill to reauthorize the poses of section 501(c)(4) of the Internal Russell National School Lunch Act to World Trade Center Health Program Revenue Code of 1986. improve the efficiency of summer and the September 11th Victim Com- S. 298 meals. pensation Fund of 2001, and for other At the request of Mr. GRASSLEY, the S. 637 purposes. name of the Senator from Massachu- At the request of Mr. CRAPO, the S. 979 setts (Mr. MARKEY) was added as a co- name of the Senator from Florida (Mr. At the request of Ms. AYOTTE, her sponsor of S. 298, a bill to amend titles NELSON) was added as a cosponsor of S. name was added as a cosponsor of S. XIX and XXI of the Social Security Act 637, a bill to amend the Internal Rev- 979, a bill to amend title 10, United to provide States with the option of enue Code of 1986 to extend and modify States Code, to repeal the requirement providing services to children with the railroad track maintenance credit. for reduction of survivor annuities medically complex conditions under S. 661 under the Survivor Benefit Plan by veterans’ dependency and indemnity the Medicaid program and Children’s At the request of Mrs. MURRAY, the Health Insurance Program through a name of the Senator from Rhode Island compensation, and for other purposes. S. 993 care coordination program focused on (Mr. REED) was added as a cosponsor of improving health outcomes for chil- S. 661, a bill to amend the Internal At the request of Mr. FRANKEN, the dren with medically complex condi- Revenue Code of 1986 to enhance the name of the Senator from Michigan tions and lowering costs, and for other dependent care tax credit, and for (Mr. PETERS) was added as a cosponsor purposes. other purposes. of S. 993, a bill to increase public safety S 330 by facilitating collaboration among . S. 706 At the request of Mr. HELLER, the the criminal justice, juvenile justice, At the request of Mrs. BOXER, the veterans treatment services, mental names of the Senator from New Mexico name of the Senator from Nevada (Mr. (Mr. UDALL), the Senator from New health treatment, and substance abuse REID) was added as a cosponsor of S. systems. Mexico (Mr. HEINRICH) and the Senator 706, a bill to amend the Higher Edu- S. 1061 from Arkansas (Mr. BOOZMAN) were cation Act of 1965 to require institu- At the request of Mr. HEINRICH, his added as cosponsors of S. 330, a bill to tions of higher education to have an name was added as a cosponsor of S. amend the Internal Revenue Code of independent advocate for campus sex- 1061, a bill to improve the Federal Pell 1986 to make permanent the special ual assault prevention and response. rule for contributions of qualified con- Grant program, and for other purposes. S. 776 servation contributions, and for other S. 1062 At the request of Mr. ROBERTS, the purposes. At the request of Mr. HEINRICH, his name of the Senator from Delaware S. 471 name was added as a cosponsor of S. (Mr. CARPER) was added as a cosponsor At the request of Mr. HELLER, the 1062, a bill to improve the Federal Pell of S. 776, a bill to amend title XVIII of Grant program, and for other purposes. name of the Senator from Pennsyl- the Social Security Act to improve ac- S. 1090 vania (Mr. CASEY) was added as a co- cess to medication therapy manage- At the request of Mr. BOOKER, the sponsor of S. 471, a bill to improve the ment under part D of the Medicare pro- name of the Senator from Colorado provision of health care for women vet- gram. erans by the Department of Veterans (Mr. GARDNER) was added as a cospon- S. 799 Affairs, and for other purposes. sor of S. 1090, a bill to amend the Rob- At the request of Mr. CASEY, the S. 497 ert T. Stafford Disaster Relief and name of the Senator from Washington Emergency Assistance Act to provide At the request of Mrs. MURRAY, the (Mrs. MURRAY) was added as a cospon- name of the Senator from Rhode Island eligibility for broadcasting facilities to sor of S. 799, a bill to combat the rise receive certain disaster assistance, and (Mr. REED) was added as a cosponsor of of prenatal opioid abuse and neonatal for other purposes. S. 497, a bill to allow Americans to abstinence syndrome. earn paid sick time so that they can S. 1099 S. 804 address their own health needs and the At the request of Mrs. SHAHEEN, the At the request of Mrs. SHAHEEN, the health needs of their families. names of the Senator from Delaware names of the Senator from West Vir- (Mr. CARPER) and the Senator from S. 564 ginia (Mr. MANCHIN), the Senator from West Virginia (Mr. MANCHIN) were At the request of Mr. MORAN, the California (Mrs. FEINSTEIN) and the added as cosponsors of S. 1099, a bill to name of the Senator from North Caro- Senator from Massachusetts (Ms. WAR- amend the Patient Protection and Af- lina (Mr. BURR) was added as a cospon- REN) were added as cosponsors of S. 804, fordable Care Act to provide States sor of S. 564, a bill to amend title 38, a bill to amend title XVIII of the So- with flexibility in determining the size United States Code, to include licensed cial Security Act to specify coverage of of employers in the small group mar- hearing aid specialists as eligible for continuous glucose monitoring devices, ket. appointment in the Veterans Health and for other purposes. At the request of Mr. SCOTT, the Administration of the Department of S. 901 names of the Senator from Mississippi Veterans Affairs, and for other pur- At the request of Mr. MORAN, the (Mr. WICKER), the Senator from Indiana poses. names of the Senator from Michigan (Mr. COATS), the Senator from West S. 569 (Mr. PETERS), the Senator from New Virginia (Mrs. CAPITO), the Senator At the request of Mr. LEAHY, the Hampshire (Mrs. SHAHEEN) and the from Missouri (Mr. BLUNT), the Senator name of the Senator from Oregon (Mr. Senator from Pennsylvania (Mr. from Ohio (Mr. PORTMAN) and the Sen- WYDEN) was added as a cosponsor of S. CASEY) were added as cosponsors of S. ator from Oklahoma (Mr. INHOFE) were 569, a bill to reauthorize the farm to 901, a bill to establish in the Depart- added as cosponsors of S. 1099, supra. school program, and for other purposes. ment of Veterans Affairs a national S. 1107 S. 598 center for research on the diagnosis At the request of Mr. SCHUMER, the At the request of Mr. CARDIN, the and treatment of health conditions of name of the Senator from New York name of the Senator from Pennsyl- the descendants of veterans exposed to (Mrs. GILLIBRAND) was added as a co- vania (Mr. CASEY) was added as a co- toxic substances during service in the sponsor of S. 1107, a bill to provide for

VerDate Sep 11 2014 06:29 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00056 Fmt 0637 Sfmt 0634 E:\CR\FM\A05AU6.012 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE August 5, 2015 CONGRESSIONAL RECORD — SENATE S6383 an equitable management of summer (Ms. COLLINS) and the Senator from requests, and to require employers to flounder based on geographic, sci- Connecticut (Mr. MURPHY) were added provide more predictable and stable entific, and economic data and for as cosponsors of S. 1566, a bill to amend schedules for employees in certain oc- other purposes. the Public Health Service Act to re- cupations with evidence of unpredict- S. 1358 quire group and individual health in- able and unstable scheduling practices At the request of Ms. MURKOWSKI, the surance coverage and group health that negatively affect employees, and names of the Senator from California plans to provide for coverage of oral for other purposes. (Mrs. FEINSTEIN) and the Senator from anticancer drugs on terms no less fa- S. 1775 Wisconsin (Ms. BALDWIN) were added as vorable than the coverage provided for At the request of Mr. MURPHY, the cosponsors of S. 1358, a bill to amend anticancer medications administered names of the Senator from Indiana title 38, United States Code, to author- by a health care provider. (Mr. DONNELLY) and the Senator from ize the Secretary of Veterans Affairs to S. 1589 California (Mrs. BOXER) were added as inter in national cemeteries individ- At the request of Mr. WARNER, the cosponsors of S. 1775, a bill to direct uals who supported the United States name of the Senator from Nevada (Mr. the Secretary of Homeland Security to in Laos during the Vietnam War era. HELLER) was added as a cosponsor of S. accept additional documentation when S. 1383 1589, a bill to facilitate efficient invest- considering the application for vet- At the request of Mr. PERDUE, the ments and financing of infrastructure erans status of an individual who per- name of the Senator from South Da- projects and new, long-term job cre- formed service as a coastwise merchant kota (Mr. ROUNDS) was added as a co- ation through the establishment of an seaman during World War II, and for sponsor of S. 1383, a bill to amend the Infrastructure Financing Authority, other purposes. Consumer Financial Protection Act of and for other purposes. S. 1819 2010 to subject the Bureau of Consumer S. 1603 At the request of Mr. DAINES, the Financial Protection to the regular ap- At the request of Mr. TOOMEY, his names of the Senator from Colorado propriations process, and for other pur- name was added as a cosponsor of S. (Mr. GARDNER) and the Senator from poses. 1603, a bill to actively recruit members Idaho (Mr. CRAPO) were added as co- S. 1512 of the Armed Forces who are sepa- sponsors of S. 1819, a bill to improve se- At the request of Mr. CASEY, the rating from military service to serve as curity at Armed Forces recruitment name of the Senator from Illinois (Mr. Customs and Border Protection Offi- centers. DURBIN) was added as a cosponsor of S. cers. S. 1823 1512, a bill to eliminate discrimination S. 1609 At the request of Mr. MORAN, the and promote women’s health and eco- At the request of Mr. KAINE, the name of the Senator from Idaho (Mr. nomic security by ensuring reasonable name of the Senator from New Hamp- CRAPO) was added as a cosponsor of S. workplace accommodations for work- shire (Ms. AYOTTE) was added as a co- 1823, a bill to safeguard military per- ers whose ability to perform the func- sponsor of S. 1609, a bill to provide sup- sonnel on Armed Forces military in- tions of a job are limited by pregnancy, port for the development of middle stallations by repealing bans on mili- childbirth, or a related medical condi- school career exploration programs tary personnel carrying firearms, and tion. linked to career and technical edu- for other purposes. S. 1523 cation programs of study. S. 1831 At the request of Mr. WHITEHOUSE, S. 1659 At the request of Mr. TOOMEY, the the name of the Senator from Ohio At the request of Mr. LEAHY, the names of the Senator from New Hamp- (Mr. BROWN) was added as a cosponsor name of the Senator from Colorado shire (Ms. AYOTTE) and the Senator of S. 1523, a bill to amend the Federal (Mr. BENNET) was added as a cosponsor from Pennsylvania (Mr. CASEY) were Water Pollution Control Act to reau- of S. 1659, a bill to amend the Voting added as cosponsors of S. 1831, a bill to thorize the National Estuary Program, Rights Act of 1965 to revise the criteria revise section 48 of title 18, United and for other purposes. for determining which States and polit- States Code, and for other purposes. S. 1526 ical subdivisions are subject to section S. 1833 At the request of Mr. PORTMAN, the 4 of the Act, and for other purposes. At the request of Mr. CASEY, the name of the Senator from New Hamp- S. 1711 name of the Senator from Washington shire (Mrs. SHAHEEN) was added as a co- At the request of Mr. SCOTT, the (Mrs. MURRAY) was added as a cospon- sponsor of S. 1526, a bill to amend title names of the Senator from Arizona sor of S. 1833, a bill to amend the Rich- 10 and title 41, United States Code, to (Mr. MCCAIN) and the Senator from ard B. Russell National School Lunch improve the manner in which Federal Colorado (Mr. GARDNER) were added as Act to improve the child and adult care contracts for construction and design cosponsors of S. 1711, a bill to provide food program. services are awarded, to prohibit the for a temporary safe harbor from the S. 1838 use of reverse auctions for design and enforcement of integrated disclosure At the request of Mr. LEAHY, the construction services procurements, to requirements for mortgage loan trans- name of the Senator from Hawaii (Ms. amend title 31 and 41, United States actions under the Real Estate Settle- HIRONO) was added as a cosponsor of S. Code, to improve the payment protec- ment Procedures Act of 1974 and the 1838, a bill to amend the Federal Elec- tions available to construction con- Truth in Lending Act, and for other tion Campaign Act of 1971 to clarify tractors, subcontractors, and suppliers purposes. the treatment of coordinated expendi- for work performed, and for other pur- S. 1728 tures as contributions to candidates, poses. At the request of Mr. COATS, the and for other purposes. S. 1562 name of the Senator from Kansas (Mr. S. 1842 At the request of Mr. WYDEN, the ROBERTS) was added as a cosponsor of At the request of Mr. SESSIONS, the names of the Senator from Hawaii (Ms. S. 1728, a bill to amend the Internal name of the Senator from Mississippi HIRONO), the Senator from Kansas (Mr. Revenue Code of 1986 to provide equal (Mr. WICKER) was added as a cosponsor ROBERTS), the Senator from Oregon access to declaratory judgments for or- of S. 1842, a bill to ensure State and (Mr. MERKLEY) and the Senator from ganizations seeking tax-exempt status. local compliance with all Federal im- Michigan (Mr. PETERS) were added as S. 1772 migration detainers on aliens in cus- cosponsors of S. 1562, a bill to amend At the request of Ms. WARREN, the tody and for other purposes. the Internal Revenue Code of 1986 to re- name of the Senator from Rhode Island S. 1856 form taxation of alcoholic beverages. (Mr. REED) was added as a cosponsor of At the request of Mr. BLUMENTHAL, S. 1566 S. 1772, a bill to permit employees to the names of the Senator from Illinois At the request of Mr. KIRK, the request changes to their work sched- (Mr. DURBIN), the Senator from New names of the Senator from Louisiana ules without fear of retaliation and to Mexico (Mr. UDALL), the Senator from (Mr. CASSIDY), the Senator from Maine ensure that employers consider these Wisconsin (Ms. BALDWIN), the Senator

VerDate Sep 11 2014 06:29 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00057 Fmt 0637 Sfmt 0634 E:\CR\FM\A05AU6.013 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE S6384 CONGRESSIONAL RECORD — SENATE August 5, 2015 from Pennsylvania (Mr. CASEY), the fore issuing or amending a rule; to the ergy superpower again, the way we Senator from Virginia (Mr. KAINE), the Committee on Homeland Security and used to be, producing more oil, more Senator from Colorado (Mr. BENNET), Governmental Affairs. gas, more renewables than any other the Senator from New Jersey (Mr. Mr. SULLIVAN. Mr. President, I rise country in the world. It is a huge ad- MENENDEZ) and the Senator from Mas- today to introduce S. 1944, the RED vantage. sachusetts (Ms. WARREN) were added as Tape Act of 2015. Fisheries. We are one of the top coun- cosponsors of S. 1856, a bill to amend The letters R-E-D stand for Regula- tries in the world in terms of the har- title 38, United States Code, to provide tions Endanger Democracy. They do, vest of fisheries, and my State of Alas- for suspension and removal of employ- and they are. This bill will help cut ka is the superpower of American sea- ees of the Department of Veterans Af- burdensome regulations—regulations food. We harvest more than 50 percent fairs for performance or misconduct that I think everybody agrees have of all seafood in America—a huge ad- that is a threat to public health or been strangling our economy, regula- vantage for our country. safety and to improve accountability of tions that many of my colleagues and I The military. I don’t have to say employees of the Department, and for and economists around the country and much more about the military. We other purposes. around the world believe are at the have the best, most professional mili- S. 1860 heart of why we can’t grow the great tary in the world, probably in the his- At the request of Mr. DURBIN, the American economy. tory of the world, unrivaled by any name of the Senator from Hawaii (Ms. Let me spend a few minutes on the other nation, not even close. HIRONO) was added as a cosponsor of S. economy, what the regulations are Then even issues like—we talk a lot 1860, a bill to protect and promote doing, and why I believe this bill is so about immigration and how our system international religious freedom. important and why we are working is broken and how the border needs to hard to get bipartisan support for it. be secured. Absolutely. But we are still S. 1883 There is a debate going on in this the country of the world that other At the request of Mr. REED, the country and on the Senate floor: Are people of the world want to come to. names of the Senator from New Hamp- we in decline? Is America in decline? They want to come here. shire (Ms. AYOTTE) and the Senator Are our best days behind us? Is China I recently attended a naturalization from New York (Mrs. GILLIBRAND) were going to own the 21st century the way ceremony in Juneau, AK. If you want added as cosponsors of S. 1883, a bill to we did the last century? to take pride in our country, if you maximize discovery, and accelerate de- Now, I am an optimist. I don’t think want to see something great, go to a velopment and availability, of prom- we are in decline. We don’t need to be naturalization ceremony. See people ising childhood cancer treatments, and in decline. Here is the reason why. We who have been thinking about becom- for other purposes. don’t hear about it much, but when we ing an American for most of their lives S. 1900 look and compare the United States to finally achieving that goal. It will At the request of Mr. KAINE, the other countries, we have so many com- bring tears to your eyes. It brought name of the Senator from New Hamp- parative advantages. We still have so tears to my eyes. shire (Ms. AYOTTE) was added as a co- many comparative advantages. Then, of course, in terms of compara- sponsor of S. 1900, a bill to amend the Imagine the United States is in a tive advantages, there is our form of Higher Education Act of 1965 to allow global poker game with all the other government, our Framers, our Con- the Secretary of Education to award major nations of the world around the stitution—the longest standing con- job training Federal Pell Grants. table. We don’t hear this much, but rel- stitutional democracy in the world. It S. 1925 ative to other countries, we look at our certainly is not perfect, but again, rel- At the request of Mr. HEINRICH, the hand and we hold aces. As a matter of ative to other countries, it is a huge name of the Senator from Vermont fact, we hold most of the aces. Let me advantage. (Mr. SANDERS) was added as a cospon- give a few examples. So, as I mentioned, we have all the sor of S. 1925, a bill to extend the se- The high-tech sector. Whether it is aces. In that big global game of poker, cure rural schools and community self- Silicon Valley, Massachusetts, places we have a great hand. As President determination program and to make throughout the entire country, we still Reagan said a couple decades ago, we permanent the payment in lieu of taxes have the most vibrant, innovative are ‘‘the greatest, freest, strongest na- program and the land and water con- high-tech sector of anyplace in the tion on earth.’’ And I believe we still servation fund. world, the ability to commercialize are. S. RES. 148 ideas with private equity and financ- But, of course, like all countries, we ing. If you have a good idea, an entre- have challenges. Here is the biggest At the request of Mr. KIRK, the name of the Senator from New Jersey (Mr. preneurial idea in America, you can challenge, I believe: If we have all the commercialize that, you can take that aces, if we have all these comparative MENENDEZ) was added as a cosponsor of S. Res. 148, a resolution condemning to market more quickly, more effi- advantages, why can’t we grow our the Government of Iran’s state-spon- ciently than any other place in the economy anymore? Why can’t we cre- sored persecution of its Baha’i minor- world. ate opportunities for young college Our agriculture sector for decades ity and its continued violation of the graduates? has been probably the most efficient Our gross domestic product shrunk International Covenants on Human agriculture sector in the world, feeding the first quarter of this year for the Rights. the world, literally. third time in the last 9 years. That AMENDMENT NO. 2612 Universities. Look at America’s uni- hasn’t happened in more than 60 years. At the request of Mr. FRANKEN, the versities relative to any other place, From 2011 through 2014, our gross do- name of the Senator from Illinois (Mr. any other country. I had the great mestic product only grew at a little bit DURBIN) was added as a cosponsor of honor—my oldest daughter of my three below 2 percent. amendment No. 2612 intended to be pro- teenaged daughters graduated from The comparative advantage, the posed to S. 754, an original bill to im- high school last year. My wife and I growth rate that made our country prove cybersecurity in the United took her to a number of universities great from 1790 to 2014—U.S. real GDP States through enhanced sharing of in- she was looking at across the country. growth in real dollars—averaged an an- formation about cybersecurity threats, We have States—Massachusetts, Cali- nual rate of 3.7 percent—almost 4 per- and for other purposes. fornia—that probably have better top cent GDP growth. That is the average f research universities just in those for our country’s history. That is real, States than other countries have in robust American growth. That is what STATEMENTS ON INTRODUCED their entire country. In my State of made us great. The Obama administra- BILLS AND JOINT RESOLUTIONS Alaska, we have great universities. It tion’s average is 1.36 percent per year. By Mr. SULLIVAN: is a huge advantage. Just last week—and I know this is an S. 1944. A bill to require each agency Energy. Once again through Amer- issue that you and I have talked a lot to repeal or amend 1 or more rules be- ican innovation, we are the world’s en- about—it was revealed that we now

VerDate Sep 11 2014 06:29 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00058 Fmt 0637 Sfmt 0634 E:\CR\FM\A05AU6.014 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE August 5, 2015 CONGRESSIONAL RECORD — SENATE S6385 have officially the worst economic re- the world, and we need to unleash it. 5 years, we have had two. As the article covery in 70 years. What is the problem? How do we do said, ‘‘the entrepreneurial halo is start- An article in the Wall Street Journal this? How do we get back to these lev- ing to slip, too, since increasing quan- says that new GDP revisions show the els of growth? If we are holding all the tities of red tape are making life hard- worst recovery in 70 years and it was aces, what is holding us back? er for start-ups.’’ even weaker than we thought. This is a I believe a huge part of the problem Let me be clear. Regulations are not huge problem. We can no longer grow of what is holding us back is actually all bad. Many of them keep us safe our economy. When that happens, we this town, the Federal Government, from harm. But the mountains and hurt the most vulnerable in society. and the agencies here that are stifling stacks of regulations over the decades But what is even more frustrating than economic growth with redtape from the undermine our future. that is when you come to Washington, alphabet soup of agencies—the IRS, the What my bill would do is very simple. it seems that nobody actually seems to EPA, and the BLM—that are con- It is using a simple one-in, one-out care about this topic anymore or that stantly promulgating new regulations. method. New regulations that cause fi- we are going to dumb down our expec- As opposed to being partners in oppor- nancial or administrative burdens on tations. tunity, our Federal Government wants businesses for the people of the United It was pretty amazing. Some econo- to regulate everything, all aspects of States would need to be offset by re- mists cheered. Our growth rate that our economy. pealing existing regulations. You issue was announced last quarter was a little Regulations across the country, from a new reg and you repeal an old reg. If bit over 2 percent GDP growth, and Alaska to Maine, are hurting busi- an agency doesn’t want to do this, the they cheered it. But, again, the issue nesses, are hurting the economy, and cost of living adjustments for the agen- doesn’t even seem to be something that are hurting our citizens, especially the cy personnel will be withheld until the agency abides by this law. It is very people here are focused on. most vulnerable. Again, this is not a simple. Let me give you an example. The partisan issue. Almost all of us on both first quarter of this year, the U.S. What we need to do is stop this sides of the aisle agree that we need to growth of regulations on the American economy—the greatest economy in the cut redtape. Even President Obama’s world—went back into recession. We people and on our economy. This bill own Small Business Administration will help keep the regulatory system shrunk. That is a big deal. That should puts the number—the annual cost of frighten people. Did the White House under control. It will help cut the red- regulations that grow every year—at tape that binds us. It will bind the reg- say anything? Did the Secretary of the $1.7 trillion per year. It is almost $1.8 Treasury come out and say: Oh, my ulatory system instead, and it will help trillion per year. If that were the econ- bring back the shine of that entrepre- gosh, we are back in a recession; here omy, that would be one of the largest is what we are going to do to grow this neurial halo in great American spirit economies in the world. That is a stag- that we all yearn for. economy because we know growth is gering number, and they are growing. the key to almost everything. Finally, it will make sure that the Regulatory costs amount to an average Not a word—in fact, what is starting aces we have in our hand—the com- of almost $15,000 per household. It is to happen is—and it is a very, very parative advantages that we have over dangerous trend in Washington—we are around 29 percent of an average family every other country in the world—are just going to dumb down our expecta- budget of $51,000. People are noticing, used to benefit our country, grow our tions. Yes, traditional levels of U.S. not only in this country but globally. economy, and create a brighter future On Friday, the Financial Times had economic growth are almost 4 percent for our children. an article: ‘‘The land of free markets, I ask my colleagues to support this since the founding of our Nation. But tied down by red tape.’’ bill. guess what we are going to call it now. We are going to call 2 percent growth— Every nation needs a unifying idea. Ameri- cans love to see themselves as champions of By Mrs. FEINSTEIN (for herself, which is all we can achieve, it seems— free markets and entrepreneurial zeal. Mr. LANKFORD, Mr. COTTON, the new normal. We are not going to That halo is coming off America be- Mrs. CAPITO, Mr. LEAHY, Mr. try to get back to 4 percent, the tradi- MERKLEY, and Mr. CRAPO): tional levels. Democrats and Repub- cause of regulations. What should we do? I believe we need to freeze the S. 1957. A bill to require the Attorney licans have done that for decades, cen- General to provide State officials with turies. We are going to say: No, Amer- growth of regulations. That is what my bill, the RED Tape Act of 2015, does. access to criminal history information ica, you need to be satisfied with the with respect to certain financial serv- new normal—2 percent GDP growth. The cumulative Federal rules since 1976 is what we do here. We grow them ice providers required to undergo State Terms such as the ‘‘new normal,’’ criminal background checks, and for ‘‘secular stagnation’’—some are even like some irresistible force of nature. But it doesn’t have to be that way. Un- other purposes; to the Committee on talking that this is our destiny as a na- Banking, Housing, and Urban Affairs. fortunately, my State has been ground tion. I don’t like that term—‘‘new nor- Mrs. FEINSTEIN. Mr. President, mal.’’ It is a surrender. It is a sur- zero for many overburdensome regula- today I am introducing the State Li- render of American greatness. It is a tions—bridges, roads, and mines that censing Efficiency Act with my col- take years simply to permit, not to surrender of our future, and it is a sur- leagues Senators LANKFORD, COTTON, build. render of our kids’ future. CAPITO, LEAHY, MERKLEY, and CRAPO. If we stay at these levels of growth— In rural Alaska, we are letting trash This bill provides a simple, common- 1.5 percent, 2 percent of GDP growth; pile up because they don’t make small, sense change to the Secure and Fair the Obama administration growth lev- portable incinerators that comply with Enforcement for Mortgage Licensing els—the challenges that we face are EPA regulations. Because of Federal Act, SAFE Act, which became law in huge debt, infrastructure, funding the roadless rules in southeast Alaska, we 2008 as part of the Housing and Eco- military, funding social programs, and can’t even build new alternative energy nomic Recovery Act. even the cohesion of our great Amer- plants for energy-starved citizens of Overall, this bipartisan bill stream- ican country. All of these challenges my State. Nationally, bridges are lines the licensing process for financial will be much, much harder to address. crumbling and can’t get built because service providers, and I urge my col- I believe one of the most important of overly burdensome regulations. leagues to support it. things we can do in this body, which we Let me provide one more example The SAFE Act required that state are not doing enough of, is to focus on that you are aware of, Mr. President. banking regulators use the electronic this issue. Why are we not growing the Banks are failing. Because of regula- Nationwide Mortgage Licensing Sys- American economy anymore? We have tions and a bad economy, over 1,300 tem, NMLS, to license or register to get back to these robust levels of small community banks have dis- mortgage loan originators. growth—Democratic, Republican lev- appeared since 2010, and only two new As the author of the SAFE Act, I els. We have to get back to traditional banks in the United States have been have been pleased to see the NMLS’ levels of growth. chartered in the last 5 years. Even dur- success over the past five years in fa- We can do better. Our history is bet- ing the Great Depression we had on av- cilitating mortgage loan originator li- ter. This is the greatest economy in erage 19 new banks a year. In the last censing.

VerDate Sep 11 2014 06:29 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00059 Fmt 0637 Sfmt 0634 E:\CR\FM\G05AU6.042 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE S6386 CONGRESSIONAL RECORD — SENATE August 5, 2015 The use of the NMLS for mortgage This should reduce the number of To give an example of the impact of loan originators benefits state regu- background check processing fees paid this resource shortfall, SEC Chair lators, those seeking licenses to con- by financial service providers seeking White on May 5, 2015, before the Senate duct financial services, and consumers. licenses and reduce the processing pe- Financial Services and General Gov- First, it increases efficiency and con- riod for the background checks so that ernment Appropriations Subcommittee solidates the licensing process and rel- financial service providers can get li- testified that ‘‘even with the SEC’s ef- evant information in one place for censed more efficiently. ficient use of limited resources to im- state regulators. This also allows for The State Licensing Efficiency Act prove its risk assessment capabilities easier coordination between regulators. makes a reasonable change to allow and focus its examination staff on Second, it provides a uniform licens- state regulators who use the NMLS for areas posing the greatest risk to inves- ing process for mortgage loan origina- licensing financial service providers to tors—efforts that helped to increase tors seeking licenses. fully benefit from a streamlined, trans- the number of investment adviser ex- Finally, it allows consumers to verify parent, and more efficient process. aminations approximately 20 percent the credentials of financial service pro- Many regulatory associations sup- from fiscal year 2013—the SEC was only viders to ensure that they are truly li- port this bill including: the Conference able to examine 10 percent of reg- censed or registered in the state in of State Bank Supervisors, the Amer- istered investment advisers in fiscal which they are conducting business. ican Association of Residential Mort- Today, over half of the States now year 2014. A rate of adviser examina- gage Regulators, the Money Trans- tion coverage at that level presents a use the NMLS for licensing entities mitter Regulators Association, the other than mortgage loan originators, high risk to the investing public.’’ North American Collection Agency This legislation would address some including for non-depository financial Regulatory Association, and the Na- service providers like check cashers, of these challenges by giving the SEC tional Association of Consumer Credit the breathing room it needs to better debt collectors, and money transmit- Administrators. ters. protect our markets and investors. Additionally, associations rep- Specifically, this bill extends the time Many States require Federal back- resenting a variety of financial service period the SEC has to seek civil mone- ground checks as part of the licensing providers have voiced support, includ- tary penalties from five years to ten process for financial service providers. ing: the Appraisal Institute, the Mort- However, the SAFE Act only pro- years, thereby strengthening the integ- gage Bankers Association, and the vided the Attorney General with the rity of our markets, better protecting Money Services Round Table. authority to share federal background I strongly urge my colleagues to sup- investors, and empowering the SEC to check information with the NMLS for port this legislation and am hopeful investigate and pursue more securities mortgage loan originators. that this Congress will move it for- law violators, particularly those most The FBI does not have the authority ward. sophisticated at evading detection. to share this information with the In addition, the bill would align the NMLS for any other financial service By Mr. REED (for himself and SEC’s statute of limitations with the provider. Mrs. SHAHEEN): limitations period applicable to com- This means that while the rest of the S. 1960. A bill to establish a statute of plex civil financial fraud actions initi- licensing process for other financial limitations for certain actions of the ated pursuant to the Financial Institu- service providers can be conducted Securities and Exchange Commission, tions Reform, Recovery, and Enforce- through the NMLS, the background and for other purposes; to the Com- ment Act of 1989, FIRREA. For more check cannot. mittee on Banking, Housing, and than 20 years, the Department of Jus- I believe background checks are a Urban Affairs. tice, DOJ, has benefited from FIRREA, critical component of State licensing Mr. REED. Mr. President, today I am which allows the DOJ to seek civil pen- and regulation. It does not make sense reintroducing legislation that extends alties within a 10-year time period to allow for the licensing process to be the time period the Securities and Ex- against persons who have committed delayed by barring certain background change Commission, SEC, would have fraud against financial institutions. checks from being coordinated through to seek civil monetary penalties for se- The SEC, which pursues similarly com- the NMLS. curities law violations. plex financial fraud cases, should have The State Licensing Efficiency Act This legislation continues to be nec- would provide the authorization needed the same time necessary to bring essary in light of the Supreme Court’s for the Attorney General to allow the wrongdoers that violate the securities decision in Gabelli v. SEC in which the FBI to share background check infor- laws to justice. Court held that the 5 year clock to mation for non-depository financial I thank Public Citizen, U.S. PIRG, take action aginst wrongdoing starts service providers with state regulators Consumer Action, the Consumer Fed- when the fraud occurs, not when it is through the NMLS, just as it currently eration of America, and Americans for discovered. Unfortunately, Gabelli has does for mortgage loan originators. Financial Reform for their support, Let me be clear that this bill does made it more difficult for the SEC to and I urge my colleagues to join Sen- not change any state licensing require- protect investors by shortening the ator SHAHEEN and me in supporting ments or impact any state laws. States amount of time that the SEC has to in- this legislation. fully retain the ability to determine vestigate and pursue securities law vio- when they want to use the NMLS for lations. By Mr. WYDEN (for himself, Ms. other financial service providers. Financial fraud has evolved consider- STABENOW, Mr. CASEY, Mr. BEN- However, should states continue to ably over the years and now often con- NET, Mr. BROWN, Ms. CANTWELL, expand their utilization of the NMLS, sists of multiple parties, complex fi- Mr. SCHUMER, and Mr. MENEN- it makes sense to allow them to fully nancial products, and elaborate trans- DEZ): do so by ensuring federal background actions that are executed in a variety S. 1964. A bill to amend parts B and E checks can be coordinated through the of securities markets, both domestic of title IV of the Social Security Act to NMLS. and foreign. As a result, the evidence of invest in funding prevention and fam- Additionally, this bill will help finan- wrongdoing needed to initiate an ac- ily services to help keep children safe cial service providers seeking licenses tion may go undetected for years. Se- and supported at home with their fami- in multiple states. curities law violators may simply run lies, and for other purposes; to the Instead of submitting federal back- out the clock, now with greater ease in Committee on Finance. ground check requests for each State the aftermath of Gabelli. Mr. WYDEN. Mr. President, I rise where they are seeking a license, they Couple this with the reality that today to discuss an issue of great im- can submit one request via the NMLS while we have given the SEC even portance: helping vulnerable children for Federal background check informa- greater responsibilities, Congress, de- stay safe and cared for by strength- tion, which will be sent to the NMLS. spite my ongoing efforts to urge other- ening their families and connecting States conducting the licensing proc- wise, has not provided the agency with them to kin. ess will then have access to the infor- all the resources necessary to carry out I would like to begin with a hypo- mation through the NMLS. its duties. thetical. Imagine a single mom with

VerDate Sep 11 2014 08:11 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00060 Fmt 0637 Sfmt 0634 E:\CR\FM\G05AU6.026 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE August 5, 2015 CONGRESSIONAL RECORD — SENATE S6387 two kids and multiple part time jobs. WELL, SCHUMER, and MENENDEZ—am in- RAND PAUL, MIKE LEE, and DICK DUR- She works long hours to provide for her troducing the Family Stability and BIN in introducing the Maintaining dig- family, but even then it is a struggle to Kinship Care Act that will make badly nity and Eliminating unnecessary Re- pay the bills and keep food on the needed flexibility a core part of our strictive Confinement of Youths Act of table. Reliable child care is extremely child welfare system. The purpose of 2015, or the MERCY Act. This bipar- costly and out of reach. Because her this bill is to give states and tribes the tisan bill would prohibit juvenile de- work schedule changes week to week ability to make modest front-end in- tention facilities from placing feder- she is forced to leave her children unat- vestments in family services and kin- ally adjudicated delinquents in solitary tended at times. Out of concern, a ship placement in order to reduce cost- confinement and would limit the use of neighbor places a call to Child Protec- ly and traumatic stays in foster care. such confinement for all juveniles in tive Services, and a social worker then Under current law, title IV-E of the So- federal pretrial detainment. Prolonged has to choose between two bad op- cial Security Act, the nation’s largest use of solitary confinement of young tions—breaking up the family, or doing child welfare funding stream, provides people often results in severe psycho- nothing at all to help them. states and tribes with a Federal fund- logical harm and it is time the federal Today, most youngsters in foster ing match for children only after they government leads on this issue and care aren’t there because of physical or are placed in foster care. In contrast, bans the practice. sexual abuse. Kids predominantly wind State and tribal innovations imple- The juvenile justice system was cre- up in foster care because their biologi- mented through title IV-E waivers sug- ated because it has always been under- cal families, like that hypothetical sin- gest that permitting spending for pre- stood that children are different than gle mom, are ensnared in terribly des- ventive family services can reduce the adults and need special protection. It perate circumstances that lead to ne- prevalence and length of foster care was founded on the principle that glect. placements while maintaining or im- youth are malleable and, therefore, the The fact is, whenever you talk with proving safety and permanency out- focus should be on rehabilitation rath- kids who have aged out of foster care comes for children. Further, State ex- er than punishment. Adolescents are about what could have helped them the periences with subsidized guardianship still developing psychologically and most, you hear them say things like, demonstrate that when children cannot physiologically and have different ‘‘helping my mom . . . helping my dad remain with their parents, they do best needs than adults. In fact, research has . . . helping my family.’’ What that when placed with kin. shown that brains in humans do not tells me is that youngsters know This bill enhances Federal funding fully develop in most individuals until they’re best served when a family can available under parts B and E of title the age of 25, which underscores the be propped up, not dismantled. IV of the Social Security Act for pre- fragility of these young Americans. Unfortunately, the child welfare sys- vention and family services to help Unfortunately, our juvenile justice sys- tem has too few tools for that to hap- keep children safe and supported at tem has lost its way and the emphasis pen. Yesterday, the Finance Com- home with their parents or other fam- has shifted from one of rehabilitation mittee held a hearing to explore how to ily members. It gives states and tribes to punishment. Children are finding turn that system around—how to make the flexibility to adapt evidence-based themselves trapped in a criminal jus- a difference for kids early on so that family services to the specific needs of tice system that does more harm than they can grow up surrounded by family each family. It ensures that states and good and nowhere is that more evident in a safe and loving home. I commend tribes are held accountable for allo- than in the practice of solitary confine- Chairman HATCH for his commitment cating services in ways that maximize ment. to improving the lives of vulnerable safety, permanency, and well-being for In 2011 alone, more than 95,000 youth kids and their families. The hearing children, while minimizing the preva- were held in prisons and jails, and a was an important step forward. lence of lengthy foster care place- significant number were held in isola- Back in the mid–1990s, there was a ments. tion. In 2013, the Department of Justice debate over whether sending kids to or- We need more than two options—fos- found that 47 percent of juvenile deten- phanages was the right idea. And I saw ter care or nothing—when the child tion centers locked youth in solitary an opportunity for our child welfare protection system gets involved. By confinement for more than four hours policies to break into the enormous, helping families afford child care, at a time, and some held youth for up untapped potential of kin. So I au- maybe it is possible to prevent out- to 23 hours a day with no human inter- thored the Kinship Care Act, which right neglect. Maybe mom or dad needs action. Words can hardly explain the said that aunts and uncles or grand- counseling or medical help. Maybe horrors many children face while parents who met the right standards they need help covering the bills or placed in isolation. Young people held would have first preference when it finding employment. Oftentimes, a in solitary suffer from resounding psy- came to caring for a niece or nephew or youngster’s aunt, uncle, or grand- chological and neurological damage, grandchild. It became the first federal parents could step up and take them including depression, hallucinations, law of its kind. in, but they shouldn’t have to take on paranoia, anger, and anxiety. U.S. Su- Now in 2015, I see an opportunity for that job without assistance. More often preme Court Justice Anthony Kennedy Congress to take a similar approach, than not, in my judgement, it’s abso- recently commented on the practice of but go even further. I believe that lutely worth exploring those avenues solitary confinement in an opinion and building child welfare policies around before breaking a family apart. In fact, said, ‘‘The penal system has a solitary proactivity and flexibility will help a it can save resources in the long run confinement regime that will bring you lot more families stay together and without compromising on safety. to the edge of madness, perhaps to thrive. States have already shown that I look forward to working with madness itself.’’ The negative impact with waivers from the rigid Federal Chairman HATCH and the full Senate to that this practice can have on youth is funding system, they’re able to turn advance this legislation and I am hope- evidenced by the fact that studies have smart ideas into meaningful results for ful that together, we can make this shown that half of all suicides by juve- kids and their families, There is a tre- critical investment in children and niles in detention facilities occurred in mendous example that my home state their families. isolation. of Oregon is currently putting in place. Medical experts to civil and human It’s called Differential Response. Dif- By Mr. BOOKER (for himself, Mr. rights advocates have made calls to ferential Response, as I see it, is all PAUL, Mr. LEE, and Mr. DUR- end this horrible practice. The United about recognizing that every kid is dif- BIN): Nations Special Rapporteur on Torture ferent, and every family faces unique S. 1965. A bill to place restrictions on called for the practice to be banned challenges. So Oregon’s system is ap- the use of solitary confinement for ju- across the globe. Despite the extensive proaching every case with the nuance veniles in Federal custody; to the Com- data that demonstrates the harmful it deserves. mittee on the Judiciary. nature of solitary, the United States Today I—along with Senators STABE- Mr. BOOKER. Mr. President, today I continues to use solitary confinement NOW, BENNET, CASEY, BROWN, CANT- am proud to stand here with Senators at alarming rates. It is time the United

VerDate Sep 11 2014 08:11 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00061 Fmt 0637 Sfmt 0634 E:\CR\FM\A05AU6.029 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE S6388 CONGRESSIONAL RECORD — SENATE August 5, 2015 States catch up to international stand- County. We were grateful when Presi- well-known for its historic 19th cen- ards and ban the use of unnecessary ju- dent Obama took action last year to tury lighthouse and is also an impor- venile solitary confinement. add these spectacular lands as the first tant ecological research area. Tourists The MERCY Act would prohibit the onshore addition to the monument. come to catch a glimpse of a beautiful use of solitary confinement of youth The legislation we are introducing landscape untouched by development adjudicated delinquent in the Federal today would expand the California and see wildlife like Elephant Seals, system, unless it is a temporary re- Coastal National Monument again to sea lions and sea birds. sponse to a serious risk of harm to the include five more onshore sites, cre- Additionally our legislation would juvenile or others. Additionally, it ating a new network of federal coastal protect one offshore site—a group of would preclude the use of solitary con- properties for the public to enjoy. By small rocks and islands off the coast of finement of any youth awaiting trial in highlighting these sites, the measure Orange County. Back in the 1930s, the federal court regardless of whether would also boost tourism and the econ- Coast Guard considered using these that person is being tried as an adult omy of communities up and down the properties for lighthouses, but the or juvenile. The bill ensures that before coast. agency now agrees they should be per- a juvenile is placed in room confine- Each one of these new areas is manently protected as part of the Na- ment, the staff member must use the unique, with its own rugged landscape, tional Monument. Under this bill, least restrictive techniques, including its own majestic views of the Pacific these amazing rocks and islands will de-escalation techniques or discussions Ocean and its own history. Each piece remain a pristine part of California’s with a qualified mental health profes- tells us part of the fascinating story of natural heritage. sional. It mandates that juveniles be the development of California and our These are some of the most magnifi- informed of why the room confinement Nation. cent lands in the country, and we have placement occurred and that release In Humboldt County, one of my a responsibility to protect them for will occur upon the youth regaining State’s northern most counties, this current and future generations. That is self-control or a certain period of time legislation would protect Trinidad why expanding the California Coastal has elapsed. The Mercy Act limits soli- Head—13 acres of rocky shoreline National Monument is so critical. tary confinement on juveniles that which offers visitors breathtaking The new designation would perma- pose a risk of harm to others to no views of offshore sea stacks and the nently protect each site from develop- more than 3 hours and to juveniles who City of Trinidad, the oldest town on ment and would ensure stronger pro- pose a risk of harm to themselves to no the northern California coast. The land tections for a diverse array of wildlife more than half an hour. Finally, after is also home to the historic Trinidad that call the area home, many of which the maximum periods of confinement Head lighthouse, which dates back to are endangered. It would also help re- expires, the bill mandates that juve- 1871 when it helped guide vessels car- store habitats and protect water qual- niles be transferred to a facility where rying lumber up and down the Redwood ity by placing these properties under appropriate services can be provided. Coast. one management plan to allow for bet- If we truly want our criminal justice The Lost Coast Headlands in Hum- ter coordination of available resources. system to reflect our founding prin- boldt County would also be included, Expanding the Monument is not just ciples as a nation of liberty and justice providing visitors access to 440 acres of good for our conservation efforts—it is for all, we must promote a more com- some of the most spectacular scenery also good for the economy. Each of passionate, common sense approach to in northern California. From alpine these natural treasures showcases the rehabilitation that helps restore prom- forests and rolling mountains to coast- breathtaking coastlines and rec- ise in our young people. It is time we al bluffs south of the mouth of the Eel reational opportunities that draw visi- ban the solitary confinement of youth River, this area offers a little some- tors from California and across the and I urge the speedy passage of the bi- thing for every outdoor enthusiast, world. partisan MERCY Act. whether it is hiking, bird watching or Listen to the numbers from these beachcombing. These lands also played three California counties: In Humboldt By Mrs. BOXER (for herself and an important role during the Cold War County, tourism is responsible for Mrs. FEINSTEIN): when the U.S. Navy opened a post more than $330 million every year. In S. 1971. A bill to expand the boundary there to monitor Soviet submarines. Santa Cruz County, tourism brings in of the California Coastal National The Monument would be expanded to more than $700 million every year and Monument, and for other purposes; to encompass Lighthouse Ranch, about 11 is one of the county’s top industries. the Committee on Energy and Natural miles south of Eureka, which sits on Tourism in San Luis Obispo County Resources. eight acres of a former U.S. Coast produces more than $1 billion annually Mrs. BOXER. Mr. President, I am Guard station once used as a Christian and is also the county’s largest indus- pleased to introduce the California commune. Today, it offers breath- try, supporting 15,570 jobs in 2011. Coastal National Monument Expansion taking, panoramic views of the Eel Designating these sites as part of the Act, legislation that would expand the River Delta, Humboldt Bay and the Pa- National Monument will not only gen- current Monument to include about cific Ocean. erate more economic activity, it will 6,200 acres of pristine public lands Drive about 350 miles south of Hum- help attract increased resources to sup- across four California counties. I am boldt County to Santa Cruz County and port the needs of the area, including proud to be joined in this effort by my you will discover the Cotoni-Coast additional conservation programs. friend from California, Senator DIANNE Dairies—5,780 acres of former dairy and The expansion of this National Monu- FEINSTEIN. cement plant lands. Its name is a nod ment has strong support from a large In 2000, President Clinton made his- to the Cotoni Indians, who lived there coalition of local governments, elected tory when he designated the California for thousands of years, and the Swiss officials, business owners, landowners, Coastal National Monument, which dairy farmers who ran the land as a farmers, private individuals, and many stretches the entire 1,100 miles of Cali- farm and ranch for much of the 20th conservation and outdoor industry fornia’s coastline and protects more century. The area, which would also be groups. This impressive grassroots ef- than 20,000 small islands, rocks, ex- included in the Monument, draws in fort shows how deeply our citizens care posed reefs and islands between Mexico visitors with its redwoods, coastal about the future of these public lands, and Oregon. It also protects the habi- grasslands, foothills and watersheds and I am proud to support their hard tat for a variety of wildlife including that flow directly into the northern work and commitment. seabirds, California sea lions and Monterrey Bay. I urge my colleagues to support this southern sea otters. The bill would also preserve Piedras bill to expand the California Coastal In 2012, I introduced legislation with Blancas—20 acres with 425 state-owned National Monument and help protect Senator FEINSTEIN and Congressman acres cooperatively managed by the these spectacular lands for generations MIKE THOMPSON to expand the Monu- Bureau of Land Management, BLM, in to come. ment to include the Point Arena- Big Sur. Named for three white rocks Stornetta Public Lands in Mendocino just off the end of the point, the area is By Ms. HEITKAMP:

VerDate Sep 11 2014 08:04 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00062 Fmt 0637 Sfmt 0634 E:\CR\FM\A05AU6.026 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE August 5, 2015 CONGRESSIONAL RECORD — SENATE S6389 S. 1974. A bill to require the Bureau sports coaches, their community lead- this bill—community financial institu- of Consumer Financial Protection to ers—and they should not be required to tions, and the families they serve, are amend its regulations relating to quali- comply with burdensome regulations too important for our country’s future. fied mortgages, and for other purposes; designed to clamp down on unsound to the Committee on Banking, Hous- mortgage lending practices at large in- By Ms. MIKULSKI (for herself, ing, and Urban Affairs. stitutions. The legislation I am intro- Ms. BALDWIN, Mrs. BOXER, Ms. Ms. HEITKAMP. Mr. President, the ducing today, the Relationship Lending CANTWELL, Mrs. FEINSTEIN, Mrs. mid-2000s housing bubble was fueled by Preservation Act, would allow these fi- GILLIBRAND, Ms. HEITKAMP, Ms. cheap access to credit and unsound, de- nancial institutions to continue serv- HIRONO, Ms. KLOBUCHAR, Mrs. ceptive, and sometimes fraudulent ing farmers and entrepreneurs while MCCASKILL, Mrs. MURRAY, Mrs. mortgage lending practices. Borrowers ensuring the safety and soundness of SHAHEEN, Ms. STABENOW, and were offered risky, high-cost loans they the mortgage origination system. The Ms. WARREN): could neither afford nor understand by bill simply requires the Consumer Fi- S. 1975. A bill to establish the Sewall- originators who abandoned traditional nancial Protection Bureau, CFPB, to Belmont House National Historic Site underwriting process, accepted loan ap- establish a distinct QM option for loans as a unit of the National Park System, plications with little or no documenta- eligible to be purchased by a FHLBank and for other purposes; to the Com- tion, and directly profited from selling or loans participating in a credit risk mittee on Energy and Natural Re- unsustainable loans wholesale. The sharing program established by a sources. Dodd-Frank Wall Street Reform and FHLBank pursuant to regulations Consumer Protection Act contains issued by the Federal Housing Finance Ms. MIKULSKI. Mr. President, I rise many necessary and important reforms Agency. This legislation is supported to speak about the urgent need to au- to the mortgage origination industry by The Council of FHLBanks and oth- thorize the Sewall-Belmont House & to prevent future abuses. However, the ers in the financial community. Museum as part of the National Park law is complex and has, unintention- In practice, the bill will provide QM Service. ally, imposed onerous, one-size-fits-all status to loans sold to the FHLBanks Sewall-Belmont is a critical piece of rules on community banks and local fi- that would have otherwise qualified for our Nation’s history. It was the home nancial institutions that originate the general QM option except for the of Alice Paul and the National Wom- mortgages to entrepreneurs and farm- income and debt rules. Institutions an’s Party, whose perseverance ers. would still be required, by FHLBank brought the movement for women’s For over a decade, and under super- regulation, to adhere to underwriting suffrage over the finish line with the vision of the Federal Housing Finance and documentation requirements. The enactment of the 19th Amendment to Agency, the Federal Home Loan Banks, legislation provides parity between the the Constitution. Today it helps tell FHLBanks, have operated a set of FHLBanks and Fannie and Freddie, the story of one of the most important mortgage programs that ensure small and it mirrors a request by the chapters in our Nation’s history by financial institutions can expand ac- FHLBanks to the CFPB to modify QM highlighting the political strategies cess to credit and originate affordable to accommodate sales to the and techniques of Alice Paul and the mortgages in their communities. The FHLBanks. Just as mortgages sold to National Woman’s Party, which be- Mortgage Partnership Finance pro- Fannie and Freddie qualify for QM sta- came the blueprint for civil rights or- gram—and the similar Mortgage Pur- tus, participants of the FHLBank ganizations throughout the 20th cen- chase Program—provides members an mortgage programs should be eligible tury. alternative secondary mortgage mar- for QM. The Sewall-Belmont House was more ket. A FHLBank purchases a mortgage It is important to note that this leg- than a house—it was a home to great and manages the liquidity, interest islation is narrowly tailored to benefit minds and leaders, thanks to the gen- rate, and prepayment risks while the truly community financial institu- erosity of women like Alva Belmont. It originating bank member assumes tions—the new option is limited to the was a place where women could live, some credit risk for the loans. commonly accepted definition of com- rest, and work without fear of harass- The FHLB mortgage programs’ munity banks, those institutions with ment while they fought boldly for the guidelines prior to the passage of the less than $10 billion in assets—and does ballot. Dodd-Frank Act often met or exceeded not increase systemic risk. Sixty-seven In the 1970s, when they were threat- the standards that we now know as percent of participants in the FHLB ening to tear down this building to Qualified Mortgage, QM, but the re- mortgage programs are institutions make way for the Senate offices, Pat quirements were flexible and not un- with less than $500 million in total as- Schroeder and the women of the House duly burdensome. QM status provides sets—these are the smallest of the rallied to save it. Now it is a museum originators the legal and regulatory small lenders. Additionally, the FHLB where today’s generation can learn certainty they need to expand safe ac- mortgage programs require lenders to about the courageous women who came cess to affordable mortgages. The retain a portion of the loan’s credit before them. This house has always FHLBanks have since harmonized their risk. This ‘‘skin in the game’’ provision been the scene of making history, and standards with QM, but some member ensures originators are making quality has always stood for women’s em- banks struggle to comply due to the loans that will be repaid; in fact, loans powerment. strict requirements, such as Appendix participating in the FHLB mortgage Q, for assessing a consumer’s ability to programs have a 1.47 percent 90-day de- However, today Sewall-Belmont is in repay. For example, the general QM op- linquency rate, less than 2/3 the na- dire need of federal support if it is to tion in some circumstances prevents tional average of 2.29 percent. continue to serve the public. While the community banks and credit unions Community-based financial institu- National Woman’s Party has been suc- that originate mortgages to the self- tions are central to promoting growth cessfully operating the House and man- employed from selling those loans to and economic prosperity in small and aging its historic collection, it has the FHLBanks. This outcome is prob- rural communities throughout North been forced to cut back on public tours, lematic because the FHLBank System Dakota and the Nation. These institu- research requests, and educational pro- is the only avenue for mortgage resale tions were not the cause of the housing grams due to the growing capital needs for many small financial institutions; and financial crises and should not be of managing an aging building. without the ability to resell to the subject to regulations meant for large- Sewall-Belmont is a National His- FHLBanks, credit availability is con- scale mortgage-origination institu- toric Landmark, listed on the National strained in communities served by tions. The Relationship Lending Pres- Register of Historic Places, and one of these institutions. ervation Act will ensure small finan- four designations supported by the Small financial institutions that par- cial institutions can continue to do Save America’s Treasures legislation. ticipate in the FHLBank System en- what they do best: serve their commu- The National Park Service recently gage in relationship lending—their cus- nities by providing affordable mort- completed a feasibility study which tomers are their neighbors, their youth gages. I urge my colleagues to support concluded that Sewall-Belmont’s deep

VerDate Sep 11 2014 06:29 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00063 Fmt 0637 Sfmt 0634 E:\CR\FM\A05AU6.024 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE S6390 CONGRESSIONAL RECORD — SENATE August 5, 2015 historical significance and unique con- There are very few sites in the Na- to the U.S. Army, the Republic of Ko- tribution to our Nation’s history war- tional Park System that celebrate rean Armed Forces, and other nations rants its full inclusion into the Na- women’s history. I am proud that of the United Nations Command who tional Park Service. This would not Maryland is home to one of those sites were killed in action, wounded in ac- only give it the resources it needs to with the newly authorized Harriet Tub- tion, are listed as missing in action, or continue to educate the public, but man Underground Railroad National were prisoners of war. would send a powerful message that Historical Park in Cambridge. But it is Korean War Veterans Memorials that women’s history is an important part not enough. display the names of a nation’s fallen of our Nation’s history. Today, women have the right to vote soldiers can be found across the globe. Women fought for decades against and the right to be on the ballot. But Authorizing a Wall of Remembrance great onslaught to secure the right to we have so much more to accomplish here in the United States is just one vote. One hundred and sixty-seven to become fully equal members of soci- way we can help ensure that those who years ago, in July 1848, the first-ever ety. It is critical that we remind to- died while serving our country in the women’s rights convention was held in day’s generation of women and men of ‘‘Forgotten War’’ are no longer forgot- Seneca Falls. This convention was the this long and important history so that ten. I urge my colleagues to join me in beginning of one of the greatest social we can keep in mind the lessons supporting this legislation. movements of all time, kicking off the learned from these movements as we actions of the first generation of suf- march toward full equality. As I serve By Mrs. BOXER (for herself and fragists and making women’s suffrage a my last term in the United States Sen- Mrs. FEINSTEIN): national topic. ate, there is nothing more important S. 1983. A bill to authorize the At this convention, Elizabeth Cady to me than preserving the legacy of Pechanga Band of Luiseno Mission In- Stanton and Lucretia Mott stood up to this fight. dians Water Rights Settlement, and for meet the challenges of their time. other purposes; to the Committee on They mobilized and they organized the By Mr. CARDIN (for himself and Indian Affairs. American women’s rights movement. Mr. BOOZMAN): Mrs. BOXER. Mr. President, I am They called for a convention; they S. 1982. A bill to authorize a Wall of pleased to reintroduce the Pechanga called for action; they made history; Remembrance as part of the Korean Band of Luisen˜ o Mission Indians Water they changed history. And that revolu- War Veterans Memorial and to allow Rights Settlement Act of 2013. This tion keeps on going. certain private contributions to fund legislation will implement a settle- In the 20th century, Alice Paul took the Wall of Remembrance; to the Com- ment concerning the water rights of the lead in the women’s suffrage move- mittee on Energy and Natural Re- the Pechanga Band of Luisen˜ o Mission ment. In 1916, she formed the National sources. Indians, who have been engaged for Woman’s Party which would fight for Mr. CARDIN. Mr. President, I rise several decades in a struggle for rec- suffrage until the 19th Amendment to today to discuss the Korean War Vet- ognition and protection of their feder- the Constitution was finally enacted in erans Memorial and the legislation I ally reserved groundwater rights. 1920—long overdue. am introducing along with Senator Alice Paul was a groundbreaker and Since 1951, the Pechanga have been BOOZMAN. This legislation authorizes a changemaker, risking arrest and in- involved in litigation initiated by the the addition of a ‘‘Wall of Remem- humane treatment so the women of United States concerning water rights brance’’ to the Korean War Veterans America could be part of a true democ- in the Santa Margarita watershed. The Memorial, without the use of public racy. With their banners and sashes, Pechanga’s interest has been in pro- funds. Alice Paul led the Iron Jawed Angels tecting their groundwater supplies, The Korean War, often referred to as marching on Washington to President which are shared with municipal devel- the ‘‘Forgotten War,’’ began on June Wilson’s White House. Her Silent Sen- opments in the San Diego region. Be- 25, 1950. During the three-year course tinels stood in rain, sleet, and snow as ginning in 2006, the Pechanga worked of the war, some 5.7 million Americans daily reminders of America’s con- with local water districts to negotiate were called to serve, and by the time science. They called for women’s right a cooperative solution and put an end to vote at a time when women didn’t the Korean Armistice Agreement was to their dispute. have a voice. Their cause captivated signed in July 1953, more than 36,000 The Pechanga Settlement Agreement the nation! With each step they took, Americans sacrificed their lives, 103,284 is a comprehensive agreement nego- they marched toward a future where were wounded, 7,140 were captured, and tiated among the Pechanga, the United women weren’t just able to vote, but 664 were missing. States on their behalf, and several were on the ballot. To honor the Americans who served California water districts, including Wouldn’t Alice Paul be so proud to during the Korean War, on October 28, the Rancho California Water District, see twenty women in the United States 1986, Congress passed H.R. 2005, Public Eastern Municipal Water District, and Senate? I’m so proud to be one of them. Law 99–572, authorizing the construc- the Metropolitan Water District. The The women of the Senate are changing tion of the Korean War Veterans Me- Settlement recognizes the Pechanga’s history by changing the tide and morial located in West Potomac Park, tribal water right to 4994 acre-feet of changing the tone. When I arrived in southeast of the Lincoln Memorial and water per year and outlines a series of the Senate in 1986, I was the first just south of the Reflecting Pool on the measures to guarantee this amount. It Democratic woman elected in her own National Mall. For those of you who is a watershed wide solution that pro- right, and the sixteenth woman to have visited this memorial, it is quite tects the rights of the Pechanga while serve. There are more women serving a moving experience. But unlike some providing greater certainty and re- right this minute, today—fourteen other memorials, it does not list the sources to the management of the ba- Democrats and six Republicans—than names of those who died while serving sin’s water supplies. had served in all of American history their country. I am pleased to be joined by Senator when I arrived. My legislation authorizes the addi- FEINSTEIN in introducing this legisla- I am so proud of all of the accom- tion of a Wall of Remembrance to the tion. Our bill not only provides the plishments made by the women of the existing Korean War Veterans Memo- Pechanga with long-overdue assurances Senate. But we didn’t get here by our- rial. The Wall of Remembrance would of their water rights, but also exempli- selves. Not a single one of us would be list the names of members of the fies all the good that can be accom- here without Alice Paul and the Na- Armed Forces of the United States who plished when parties put aside their tional Woman’s Party. That is why it died in theater in the Korean War, as differences and come to the table to ne- is so important that we not only pre- well as the number of service members gotiate collaborative solutions. serve the place where they fought for who were wounded in action, are listed women’s full inclusion in society, the as missing in action, or who were pris- By Mr. REID: Sewall-Belmont House, but elevate it oners of war during the Korean War. S. 1986. A bill to provide for a land to its rightful spot among our Nation’s The Wall would also list the number of conveyance in the State of Nevada; to most important national treasures. members of the Korean Augmentation the Committee on Indian Affairs.

VerDate Sep 11 2014 08:04 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00064 Fmt 0637 Sfmt 0634 E:\CR\FM\A05AU6.036 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE August 5, 2015 CONGRESSIONAL RECORD — SENATE S6391 Mr. REID. Mr. President, I ask unan- dal involving the death of at least 40 Act, we will make sure that no veteran imous consent that the text of the bill veterans who had been waiting for should be denied needed care due to be printed in the RECORD. weeks, months, and even years for nec- wait times or distance to a VA facility. There being no objection, the text of essary care from the VA. Ultimately, the bill was ordered to be printed in we learned that senior VA officials pur- By Mr. NELSON: the RECORD, as follows: posely denied care and lied about it to S. 1999. A bill to authorize the Sec- S. 1986 obtain financial bonuses. We are still retary of the department in which the Coast Guard is operating to act, with- Be it enacted by the Senate and House of Rep- cleaning-up the aftermath of this scan- resentatives of the United States of America in dal and Congress’ work continues out liability for certain damages, to Congress assembled, today. prevent and respond to the threat of SECTION 1. SHORT TITLE. The hallmark of that law is the VA damage from pollution of the sea by This Act may be cited as the ‘‘Moapa Band Choice Card, which for the first time crude oil, and for other purposes; to the of Paiutes Land Conveyance Act’’. allows veterans who can’t make an ap- Committee on Commerce, Science, and SEC. 2. DEFINITIONS. pointment in a reasonable time frame Transportation. In this Act: or who live far from a VA medical fa- Mr. NELSON. Mr. President, tourists (1) MAP.—The term ‘‘map’’ means the map cility, to see the doctor of their choice flock every year to enjoy the inviting entitled ‘‘Moapa River Reservation Expan- to get the care they need. But, with all waters of the South Florida—sun- sion’’, dated August 5, 2015, and on file and the bureaucratic hoops that the VA has bathing on Miami Beach, boating in available for public inspection in the appro- Biscayne Bay National Park, snor- priate offices of the Bureau of Land Manage- required veterans to jump through to ment. use the Choice Card since that law’s keling on treasured coral reefs of the (2) SECRETARY.—The term ‘‘Secretary’’ enactment and the lack of information Florida Keys National Marine Sanc- means the Secretary of the Interior. the VA has provided veterans and rel- tuary. And you might take a souvenir (3) TRIBE.—The term ‘‘Tribe’’ means the evant providers on how to get and use picture at the Southernmost Point in Moapa Band of Paiutes. the Card, the VA has clearly been re- Key West. Standing there, you are clos- SEC. 3. TRANSFER OF LAND TO BE HELD IN luctant to expanding choice for vet- er to Cuba—90 miles away—than you TRUST FOR THE MOAPA BAND OF erans. Even after a year, I continue to are to Miami, which is 160 miles away. PAIUTES. In 1977, the U.S. negotiated a Mari- (a) IN GENERAL.—Subject to valid existing get e-mails, letters and phone calls rights, all right, title, and interest of the from veterans and their caregivers who time Boundary with Cuba for fisheries United States in and to the land described in are extremely frustrated with the in- and other continental shelf activities, subsection (b) shall be— ability to use the VA Choice Card. like oil exploration, roughly halfway (1) held in trust by the United States for As I said at the time, last year’s bill between our nations—or 45 miles from the benefit of the Tribe; and was meant as a beginning, not an end, the Southernmost Point in Key West. (2) part of the reservation of the Tribe. to addressing inadequate care for our Since 2005, several oil companies have (b) DESCRIPTION OF LAND.—The land re- veterans. While the current law au- leased blocks in Cuban waters south of ferred to in subsection (a) is the approxi- that line to drill for oil. Can you imag- mately 25,977 acres of land administered by thorizes a three-year pilot program to the Bureau of Land Management and the Bu- begin implementation of the VA Choice ine the damage to our environment and reau of Reclamation as generally depicted on Card, the year that has passed since its our economy if oil was to coat two na- the map as ‘‘Reservation Expansion Land’’. enactment has shown is that there is tional parks, a national marine sanc- (c) SURVEY.—Not later than 180 days after overwhelming demand for veterans to tuary, a national wildlife refuge, iconic the date of enactment of this Act, the Sec- have the same freedom of choice for coral reefs, world-class fisheries, and retary shall complete a survey of the bound- their health care that military and ci- beloved beaches? It would be cata- ary lines to establish the boundaries of the vilian retirees have. strophic. In fact, the Florida Keys Na- land taken into trust under subsection (a). tional Marine Sanctuary was created (d) GAMING.—Land taken into trust under I have long advocated for our vet- this section shall not be eligible, or consid- erans to have the flexibility to choose specifically to protect against threats ered to have been taken into trust, for class where and when they receive the care like an oil spill. II gaming or class III gaming (as those terms they have earned. And the Permanent In 2012, four companies tried and are defined in section 4 of the Indian Gaming VA Choice Card Act that I am intro- failed to find oil. But recently, an An- Regulatory Act (25 U.S.C. 2703)). ducing today moves us in that direc- golan company has ramped up plans to SEC. 4. TRIBAL FEE LAND TO BE HELD IN TRUST. tion. drill in late 2016. We are simply not (a) IN GENERAL.—All right, title, and inter- The Permanent VA Choice Card Act prepared to protect U.S. interests from est of the Tribe in and to the land described makes the current 3-year pilot program an oil spill off Cuba. The loop current in subsection (b) shall be— for the VA Choice Card permanent. that saved South Florida from the (1) held in trust by the United States for the benefit of the Tribe; and This would help remove uncertainty brunt of the damage from Deepwater (2) part of the reservation of the Tribe. both within the VA, among providers, Horizon becomes the Florida current as (b) DESCRIPTION OF THE LAND.—The land re- and especially among our disabled vet- it runs between the Keys and Cuba and ferred to in subsection (a) is the approxi- erans that this program is here to stay. then those waters enter the Gulf mately 88 acres of land held in fee by the Also, the Permanent VA Choice Card Stream hugging the coast of Florida Tribe as generally depicted on the map as Act would expand eligibility for the and heading north along the eastern ‘‘Fee Into Trust Lands’’. Choice Card. Any service-connected seaboard. An oil spill in Cuban waters (c) SURVEY.—Not later than 180 days after veteran enrolled through the VA would almost certainly follow that the date of enactment of this Act, the Sec- retary shall complete a survey of the bound- should have access to this level of same path. ary lines to establish the boundaries of the choice. It would do so by removing the For a decade, I have fought tooth and land taken into trust under subsection (a). requirement that a qualified veteran nail to protect our environment and live more than 40 miles from a VA fa- economy from a Cuban spill. Given the By Mr. MCCAIN: cility or have to wait 30 days for an ap- news that drilling will resume next S. 1991. A bill to eliminate the sunset pointment. year, it is imperative that the agencies date for the Choice Program of the De- It is clear our veterans are in need of we rely on to prevent and respond to partment of Veterans Affairs, to ex- care and are not able to receive it. oil spills are prepared. And even pand eligibility for such program, and More than a year after the VA scandal though Cuba is the closest threat, an for other purposes; to the Committee and a year since the Choice Act was oil spill off Mexico, Bahamas, or Ja- on Veterans’ Affairs. signed into law, wait-times are still too maica could enter U.S. waters. So Mr. MCCAIN. Mr. President, this Fri- long and in some facilities are even today, I am introducing the Caribbean day marks 1 year since the Veterans’ longer than they were a year ago. The Oil Spill Intervention, Prevention, and Access to Care through Choice, Ac- VA has made it challenging for those Preparedness Act—a comprehensive countability and Transparency Act was with the VA Choice Card to make ap- framework to protect U.S. interests signed into law by President Obama. pointments, get follow-ups, and to see from foreign oil spills. This bipartisan legislation was in- specialists near their homes. By enact- The bill would strengthen the au- tended to address the nationwide scan- ing the Permanent VA Choice Card thority of the Coast Guard to intervene

VerDate Sep 11 2014 06:29 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00065 Fmt 0637 Sfmt 0634 E:\CR\FM\A05AU6.034 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE S6392 CONGRESSIONAL RECORD — SENATE August 5, 2015 and make sure that we have up-to-date Sec. 1. Short title; table of contents. (a) EDWARD BYRNE MEMORIAL JUSTICE AS- accurate information about the ocean TITLE I—MENTAL HEALTH AND SAFE SISTANCE GRANT PROGRAM.—Section 501(a)(1) COMMUNITIES of title I of the Omnibus Crime Control and currents off of Cuba’s coast so that we Safe Streets Act of 1968 (42 U.S.C. 3751(a)(1)) know where an oil spill might go. It re- Sec. 101. Law enforcement grants for crisis intervention teams, mental health pur- is amended by adding at the end the fol- quires the relevant Federal agencies to poses, and fixing the background check lowing: negotiate oil pollution prevention and system. ‘‘(H) Mental health programs and related response with countries bordering the Sec. 102. Assisted outpatient treatment law enforcement and corrections programs, including behavioral programs and crisis Gulf of Mexico and Straits of Florida programs. Sec. 103. Federal drug and mental health intervention teams. especially to protect our National Ma- courts. ‘‘(I) Achieving compliance with the mental rine Sanctuaries like the Florida Keys. Sec. 104. Mental health in the judicial sys- health records requirements of the NICS Im- The bill ensures we have a plan to pro- tem. provement Amendments Act of 2007 (Public Law 110–180; 121 Stat. 2259).’’. tect coral reef ecosystems all through Sec. 105. Forensic assertive community treatment initiatives. (b) COMMUNITY ORIENTED POLICING SERV- the Straits of Florida—because domes- Sec. 106. Assistance for individuals ICES PROGRAM.—Section 1701(b) of title I of tic fisheries rely on healthy corals. Fi- transitioning out of systems. the Omnibus Crime Control and Safe Streets nally, it requires any oil company that Sec. 107. Co-occurring substance abuse and Act of 1968 (42 U.S.C. 3796dd(b)) is amended— wants to drill in both U.S. waters and mental health challenges in drug (1) in paragraph (16), by striking ‘‘and’’ at courts. the end; Cuban waters to show they have the re- Sec. 108. Mental health training for Fed- (2) by redesignating paragraph (17) as para- sources and plans to adequately pre- eral uniformed services. graph (21); pare for a worst-case oil spill in both Sec. 109. Advancing mental health as part (3) by inserting after paragraph (16) the fol- areas. of offender reentry. lowing: Sec. 110. School mental health crisis inter- ‘‘(17) to provide specialized training to law These common-sense provisions vention teams. enforcement officers to— should have broad support. I urge my Sec. 111. Active-shooter training for law ‘‘(A) recognize individuals who have a men- colleagues to support the bill. enforcement. tal illness; and Sec. 112. Co-occurring substance abuse and ‘‘(B) properly interact with individuals mental health challenges in residential who have a mental illness, including strate- By Mr. CORNYN: substance abuse treatment programs. gies for verbal de-escalation of crises; S. 2002. A bill to strengthen our men- Sec. 113. Mental health and drug treat- ‘‘(18) to establish collaborative programs that enhance the ability of law enforcement tal health system and improve public ment alternatives to incarceration pro- grams. agencies to address the mental health, be- safety; to the Committee on the Judici- Sec. 114. National criminal justice and havioral, and substance abuse problems of ary. mental health training and technical individuals encountered by law enforcement officers in the line of duty; Mr. CORNYN. Mr. President, I ask assistance. Sec. 115. Improving Department of Justice ‘‘(19) to provide specialized training to cor- unanimous consent that the text of the data collection on mental illness in- rections officers to recognize individuals who bill be printed in the RECORD. volved in crime. have a mental illness; ‘‘(20) to enhance the ability of corrections There being no objection, the text of Sec. 116. Reports on the number of men- tally ill offenders in prison. officers to address the mental health of indi- the bill was ordered to be printed in TITLE II—COMPREHENSIVE JUSTICE viduals under the care and custody of jails the RECORD, as follows: AND MENTAL HEALTH ACT and prisons, including specialized training and strategies for verbal de-escalation of cri- Sec. 201. Short title. S. 2002 ses; and’’; and Sec. 202. Findings. (4) in paragraph (21), as redesignated, by Be it enacted by the Senate and House of Rep- Sec. 203. Sequential intercept model. striking ‘‘through (16)’’ and inserting resentatives of the United States of America in Sec. 204. Veterans treatment courts. ‘‘through (20)’’. Congress assembled, Sec. 205. Prison and jails. (c) MODIFICATIONS TO THE STAFFING FOR Sec. 206. Allowable uses. ADEQUATE FIRE AND EMERGENCY RESPONSE SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 207. Law enforcement training. GRANTS.—Section 34(a)(1)(B) of the Federal (a) SHORT TITLE.—This Act may be cited as Sec. 208. Federal law enforcement train- Fire Prevention and Control Act of 1974 (15 ing. the ‘‘Mental Health and Safe Communities U.S.C. 2229a(a)(1)(B)) is amended by inserting Sec. 209. GAO report. Act of 2015’’. before the period at the end the following: Sec. 210. Evidence based practices. ‘‘and to provide specialized training to para- (b) TABLE OF CONTENTS.—The table of con- Sec. 211. Transparency, program account- medics, emergency medical services workers, tents for this Act is as follows: ability, and enhancement of local au- and other first responders to recognize indi- thority. viduals who have mental illness and how to Sec. 212. Grant accountability. properly intervene with individuals with TITLE III—NICS REAUTHORIZATION AND mental illness, including strategies for NICS IMPROVEMENT verbal de-escalation of crises’’. Sec. 301. Reauthorization of NICS. SEC. 102. ASSISTED OUTPATIENT TREATMENT Sec. 302. Definitions relating to mental PROGRAMS. health. Section 2201 of title I of the Omnibus Sec. 303. Incentives for State compliance Crime Control and Safe Streets Act of 1968 with NICS mental health record re- (42 U.S.C. 3796ii) is amended— quirements. (1) by inserting ‘‘(a) IN GENERAL.—’’ before Sec. 304. Protecting the second amend- ‘‘The Attorney General’’; ment rights of veterans. (2) in paragraph (2)(B), by inserting before Sec. 305. Applicability of amendments. the semicolon the following: ‘‘, or court-or- Sec. 306. Clarification that Federal court dered assisted outpatient treatment when information is to be made available to the court has determined such treatment to the national instant criminal back- be necessary’’; and ground check system. (3) by adding at the end the following: TITLE IV—REAUTHORIZATIONS AND ‘‘(b) DEFINITIONS.—In this section: OFFSET ‘‘(1) COURT-ORDERED ASSISTED OUTPATIENT Sec. 401. Reauthorization of appropria- TREATMENT.—The term ‘court-ordered as- tions. sisted outpatient treatment’ means a pro- Sec. 402. Offset. gram through which a court may order a TITLE I—MENTAL HEALTH AND SAFE treatment plan for an eligible patient that— COMMUNITIES ‘‘(A) requires such patient to obtain out- SEC. 101. LAW ENFORCEMENT GRANTS FOR CRI- patient mental health treatment while the SIS INTERVENTION TEAMS, MENTAL patient is living in a community; and HEALTH PURPOSES, AND FIXING ‘‘(B) is designed to improve access and ad- THE BACKGROUND CHECK SYSTEM. herence by such patient to intensive behav- ioral health services in order to—

VerDate Sep 11 2014 07:37 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00066 Fmt 0637 Sfmt 0634 E:\CR\FM\A05AU6.039 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE August 5, 2015 CONGRESSIONAL RECORD — SENATE S6393 ‘‘(i) avert relapse, repeated hospitaliza- (D) programmatic offender management, to develop, implement, or expand pretrial tions, arrest, incarceration, suicide, property including case management, and aftercare services programs to improve the identifica- destruction, and violent behavior; and services, such as relapse prevention, health tion and outcomes of individuals with men- ‘‘(ii) provide such patient with the oppor- care, education, vocational training, job tal illness. tunity to live in a less restrictive alternative placement, housing placement, and child ‘‘(2) ALLOWABLE USES.—Grants awarded to incarceration or involuntary hospitaliza- care or other family support services for under this subsection may be may be used tion. each program participant who requires such for— ‘‘(2) ELIGIBLE PATIENT.—The term ‘eligible services; ‘‘(A) universal behavioral health needs and patient’ means an adult, mentally ill person (E) outpatient or inpatient mental health risk screening of defendants, including who, as determined by a court— treatment, as ordered by the court, that car- verification of interview information, men- ‘‘(A) has a history of violence, incarcer- ries with it the possibility of dismissal of tal health evaluation, and criminal history ation, or medically unnecessary hospitaliza- charges or reduced sentencing upon success- screening; tions; ful completion of such treatment; ‘‘(B) assessment of risk of pretrial mis- ‘‘(B) without supervision and treatment, (F) centralized case management, includ- conduct through objective, statistically vali- may be a danger to self or others in the com- ing— dated means, and presentation to the court munity; (i) the consolidation of all cases, including of recommendations based on such assess- ‘‘(C) is substantially unlikely to volun- violations of probations, of the program par- ment, including services that will reduce the tarily participate in treatment; ticipant; and risk of pre-trial misconduct; ‘‘(D) may be unable, for reasons other than (ii) coordination of all mental health treat- ‘‘(C) follow-up review of defendants unable indigence, to provide for any of his or her ment plans and social services, including life to meet the conditions of release; basic needs, such as food, clothing, shelter, skills and vocational training, housing and ‘‘(D) evaluation of process and results of health, or safety; job placement, education, health care, and pre-trial service programs; ‘‘(E) has a history of mental illness or con- relapse prevention for each program partici- ‘‘(E) supervision of defendants who are on dition that is likely to substantially deterio- pant who requires such services; and pretrial release, including reminders to de- rate if the patient is not provided with time- (G) continuing supervision of treatment fendants of scheduled court dates; ly treatment; or plan compliance by the program participant ‘‘(F) reporting on process and results of ‘‘(F) due to mental illness, lacks capacity for a term not to exceed the maximum allow- pretrial services programs to relevant public to fully understand or lacks judgment to able sentence or probation period for the and private mental health stakeholders; and make informed decisions regarding his or her charged or relevant offense and, to the ex- ‘‘(G) data collection and analysis necessary need for treatment, care, or supervision.’’. tent practicable, continuity of psychiatric to make available information required for SEC. 103. FEDERAL DRUG AND MENTAL HEALTH care at the end of the supervised period. assessment of risk. COURTS. (d) IMPLEMENTATION; DURATION.—The pilot (a) DEFINITIONS.—In this section— program established under subsection (b) ‘‘(b) BEHAVIORAL HEALTH ASSESSMENTS AND (1) the term ‘‘eligible offender’’ means a shall be conducted— INTERVENTION.— person who— (1) in not less than 1 United States judicial ‘‘(1) IN GENERAL.—The Attorney General (A)(i) previously or currently has been di- district, designated by the Attorney General may award grants to States, units of local agnosed by a qualified mental health profes- in consultation with the Director of the Ad- government, territories, Indian Tribes, non- sional as having a mental illness, mental re- ministrative Office of the United States profit agencies, or any combination thereof, tardation, or co-occurring mental illness and Courts, as appropriate for the pilot program; to develop, implement, or expand a behav- substance abuse disorders; or and ioral health screening and assessment pro- (ii) manifests obvious signs of mental ill- (2) during fiscal year 2017 through fiscal gram framework for State or local criminal ness, mental retardation, or co-occurring year 2020. justice systems. mental illness and substance abuse disorders (e) CRITERIA FOR DESIGNATION.—Before ‘‘(2) ALLOWABLE USES.—Grants awarded during arrest or confinement or before any making a designation under subsection under this subsection may be used for— court; and (d)(1), the Attorney General shall— ‘‘(A) promotion of the use of validated as- (B) is determined by a judge to be eligible. (1) obtain the approval, in writing, of the sessment tools to gauge the criminogenic (2) the term ‘‘mental illness’’ means a United States Attorney for the United risk, substance abuse needs, and mental diagnosable mental, behavioral, or emo- States judicial district being designated; health needs of individuals; tional disorder— (2) obtain the approval, in writing, of the ‘‘(B) initiatives to match the risk factors (A) of sufficient duration to meet diag- chief judge for the United States judicial dis- and needs of individuals to programs and nostic criteria within the most recent edi- trict being designated; and practices associated with research-based, tion of the Diagnostic and Statistical Man- (3) determine that the United States judi- positive outcomes; ual of Mental Disorders published by the cial district being designated has adequate ‘‘(C) implementing methods for identifying American Psychiatric Association; and behavioral health systems for treatment, in- and treating individuals who are most likely (B) that has resulted in functional impair- cluding substance abuse and mental health to benefit from coordinated supervision and ment that substantially interferes with or treatment. treatment strategies, and identifying indi- limits 1 or more major life activities. (f) ASSISTANCE FROM OTHER FEDERAL ENTI- viduals who can do well with fewer interven- (b) ESTABLISHMENT OF PROGRAM.—Not later TIES.—The Administrative Office of the tions; and than 1 year after the date of enactment of United States Courts and the United States ‘‘(D) collaborative decision making among this Act, the Attorney General shall estab- Probation Offices shall provide such assist- system leaders, including the relevant crimi- lish a pilot program to determine the effec- ance and carry out such functions as the At- nal justice agencies, mental health systems, tiveness of diverting eligible offenders from torney General may request in monitoring, judicial systems, and substance abuse sys- Federal prosecution, Federal probation, or a supervising, providing services to, and evalu- tems, for determining how treatment and in- Bureau of Prisons facility, and placing such tensive supervision services should be allo- eligible offenders in drug or mental health ating eligible offenders placed in a drug or mental health court under this section. cated in order to maximize benefits, and de- courts. veloping and utilizing capacity accordingly. (c) PROGRAM SPECIFICATIONS.—The pilot (g) REPORTS.—The Attorney General, in program established under subsection (b) consultation with the Director of the Admin- ‘‘(c) RESTRICTIONS ON USE OF GRANT shall involve— istrative Office of the United States Courts, FUNDS.— (1) continuing judicial supervision, includ- shall monitor the drug and mental health ‘‘(1) IN GENERAL.—A State, unit of local ing periodic review, of program participants courts under this section, and shall submit a government, territory, Indian Tribe, or non- who have a substance abuse problem or men- report to Congress on the outcomes of the profit agency that receives a grant under tal illness; and program at the end of the period described in this section shall, in accordance with sub- (2) the integrated administration of serv- subsection (d)(2). section (b)(2), use grant funds for the ex- ices and sanctions, which shall include— SEC. 104. MENTAL HEALTH IN THE JUDICIAL SYS- penses of a treatment program, including— (A) mandatory periodic testing, as appro- TEM. ‘‘(A) salaries, personnel costs, equipment priate, for the use of controlled substances Part V of title I of the Omnibus Crime Con- costs, and other costs directly related to the or other addictive substances during any pe- trol and Safe Streets Act of 1986 (42 U.S.C. operation of the program, including costs re- riod of supervised release or probation for 3796ii et seq.) is amended by inserting at the lating to enforcement; each program participant; end the following: ‘‘(B) payments for treatment providers (B) substance abuse treatment for each ‘‘SEC. 2209. MENTAL HEALTH RESPONSES IN THE that are approved by the State or Indian program participant who requires such serv- JUDICIAL SYSTEM. Tribe and licensed, if necessary, to provide ices; ‘‘(a) PRETRIAL SCREENING AND SUPER- needed treatment to program participants, (C) diversion, probation, or other super- VISION.— including aftercare supervision, vocational vised release with the possibility of prosecu- ‘‘(1) IN GENERAL.—The Attorney General training, education, and job placement; and tion, confinement, or incarceration based on may award grants to States, units of local ‘‘(C) payments to public and nonprofit pri- noncompliance with program requirements government, territories, Indian Tribes, non- vate entities that are approved by the State or failure to show satisfactory progress; profit agencies, or any combination thereof, or Indian Tribe and licensed, if necessary, to

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provide alcohol and drug addiction treat- subparagraph (D), the Attorney General ‘‘(i) PREVENTING DUPLICATIVE GRANTS.— ment to offenders participating in the pro- shall— ‘‘(1) IN GENERAL.—Before the Attorney gram. ‘‘(i) deposit an amount equal to the General awards a grant to an applicant ‘‘(d) SUPPLEMENT OF NON-FEDERAL amount of the grant that was improperly under this section, the Attorney General FUNDS.— awarded to the grantee into the General shall compare the possible grant with any ‘‘(1) IN GENERAL.—Grants awarded under Fund of the Treasury; and other grants awarded to the applicant under this section shall be used to supplement, and ‘‘(ii) seek to recoup the costs of the repay- this Act to determine whether the grants are not supplant, non-Federal funds that would ment under clause (i) from the grantee that for the same purpose. otherwise be available for programs de- was erroneously awarded grant funds. ‘‘(2) REPORT.—If the Attorney General scribed in this section. ‘‘(2) NONPROFIT AGENCY REQUIREMENTS.— awards multiple grants to the same appli- ‘‘(2) FEDERAL SHARE.—The Federal share of ‘‘(A) DEFINITION.—For purposes of this cant for the same purpose, the Attorney Gen- a grant made under this section may not ex- paragraph and the grant program under this eral shall submit to the Committee on the ceed 50 percent of the total costs of the pro- section, the term ‘nonprofit agency’ means Judiciary of the Senate and the Committee gram described in an application under sub- an organization that is described in section on the Judiciary of the House of Representa- section (e). 501(c)(3) of the Internal Revenue Code of 1986 tives a report that includes— ‘‘(e) APPLICATIONS.—To request a grant (26 U.S.C. 501(c)(3)) and is exempt from tax- ‘‘(A) a list of all duplicate grants awarded, under this section, a State, unit of local gov- ation under section 501(a) of the Internal including the total dollar amount of any ernment, territory, Indian Tribe, or non- Revenue Code of 1986 (26 U.S.C. 501(a)). such grants awarded; and profit agency shall submit an application to ‘‘(B) PROHIBITION.—The Attorney General ‘‘(B) the reason the Attorney General the Attorney General in such form and con- may not award a grant under this section to awarded the duplicate grants.’’. taining such information as the Attorney a nonprofit agency that holds money in an General may reasonably require. offshore account for the purpose of avoiding SEC. 105. FORENSIC ASSERTIVE COMMUNITY ‘‘(f) GEOGRAPHIC DISTRIBUTION.—The Attor- paying the tax described in section 511(a) of TREATMENT INITIATIVES. ney General shall ensure that, to the extent the Internal Revenue Code of 1986 (26 U.S.C. Section 2991 of the Omnibus Crime Control practicable, the distribution of grants under 511(a)). and Safe Streets Act of 1968 (42 U.S.C. 3797aa) this section is equitable and includes— ‘‘(C) DISCLOSURE.—Each nonprofit agency is amended by inserting after subsection (k), ‘‘(1) each State; and that is awarded a grant under this section as added by section 205, the following: ‘‘(2) a unit of local government, territory, and uses the procedures prescribed in regula- Indian Tribe, or nonprofit agency— tions to create a rebuttable presumption of ‘‘(l) FORENSIC ASSERTIVE COMMUNITY ‘‘(A) in each State; and reasonableness for the compensation of its TREATMENT (FACT) INITIATIVE PROGRAM.— ‘‘(B) in rural, suburban, Tribal, and urban officers, directors, trustees, and key employ- ‘‘(1) IN GENERAL.—The Attorney General jurisdictions. ees, shall disclose to the Attorney General, may make grants to States, units of local ‘‘(g) REPORTS AND EVALUATIONS.—For each in the application for the grant, the process government, territories, Indian Tribes, non- fiscal year, each grantee under this section for determining such compensation, includ- profit agencies, or any combination thereof, during that fiscal year shall submit to the ing the independent persons involved in re- to develop, implement, or expand Assertive Attorney General a report on the effective- viewing and approving such compensation, Community Treatment initiatives to develop ness of activities carried out using such the comparability data used, and contem- forensic assertive community treatment (re- grant. Each report shall include an evalua- poraneous substantiation of the deliberation ferred to in this subsection as ‘FACT’) pro- tion in such form and containing such infor- and decision. Upon request, the Attorney grams that provide high intensity services in mation as the Attorney General may reason- General shall make the information dis- the community for individuals with mental ably require. The Attorney General shall closed under this subparagraph available for illness with involvement in the criminal jus- specify the dates on which such reports shall public inspection. tice system to prevent future incarcerations. be submitted. ‘‘(3) CONFERENCE EXPENDITURES.— ‘‘(2) ALLOWABLE USES.—Grant funds award- ‘‘(h) ACCOUNTABILITY.—Grants awarded ‘‘(A) LIMITATION.—Not more than $20,000 of ed under this subsection may be used for— under this section shall be subject to the fol- the amounts made available to the Depart- ‘‘(A) multidisciplinary team initiatives for lowing accountability provisions: ment of Justice to carry out this section individuals with mental illnesses with crimi- ‘‘(1) AUDIT REQUIREMENT.— may be used by the Attorney General, or by nal justice involvement that addresses ‘‘(A) DEFINITION.—In this paragraph, the any individual or entity awarded a grant criminal justice involvement as part of term ‘unresolved audit finding’ means a find- under this section to host, or make any ex- treatment protocols; ing in the final audit report of the Inspector penditures relating to, a conference unless ‘‘(B) FACT initiatives that involve mental General of the Department of Justice under the Deputy Attorney General provides prior health professionals, criminal justice agen- subparagraph (C) that the audited grantee written authorization that the funds may be cies, chemical dependency specialists, has used grant funds for an unauthorized ex- expended to host the conference or make nurses, psychiatrists, vocational specialists, penditure or otherwise unallowable cost that such expenditure. forensic peer specialists, forensic specialists, is not closed or resolved within 1 year after ‘‘(B) WRITTEN APPROVAL.—Written ap- and dedicated administrative support staff the date on which final audit report is proval under subparagraph (A) shall include who work together to provide recovery ori- issued. a written estimate of all costs associated ented, 24/7 wraparound services; ‘‘(B) AUDITS.—Beginning in the first fiscal with the conference, including the cost of all ‘‘(C) services such as integrated evidence- year beginning after the date of enactment food, beverages, audio-visual equipment, based practices for the treatment of co-oc- of this section, and in each fiscal year there- honoraria for speakers, and entertainment. curring mental health and substance-related after, the Inspector General of the Depart- ‘‘(C) REPORT.—The Deputy Attorney Gen- disorders, assertive outreach and engage- ment of Justice shall conduct audits of eral shall submit an annual report to the ment, community-based service provision at grantees under this section to prevent waste, Committee on the Judiciary of the Senate participants’ residence or in the community, fraud, and abuse of funds by grantees. The and the Committee on the Judiciary of the psychiatric rehabilitation, recovery oriented Inspector General shall determine the appro- House of Representatives on all conference services, services to address criminogenic priate number of grantees to be audited each expenditures approved under this paragraph. risk factors, and community tenure; year. ‘‘(4) ANNUAL CERTIFICATION.—Beginning in ‘‘(D) payments for treatment providers ‘‘(C) FINAL AUDIT REPORT.—The Inspector the first fiscal year beginning after the date that are approved by the State or Indian General of the Department of Justice shall of enactment of this subsection, the Attor- Tribe and licensed, if necessary, to provide submit a final report on each audit con- ney General shall submit to the Committee needed treatment to eligible offenders par- ducted under subparagraph (B). on the Judiciary and the Committee on Ap- ticipating in the program, including behav- ‘‘(D) MANDATORY EXCLUSION.—Grantees propriations of the Senate and the Com- ioral health services and aftercare super- under this section about which there is an mittee on the Judiciary and the Committee vision; and unresolved audit finding shall not be eligible on Appropriations of the House of Represent- ‘‘(E) training for all FACT teams to pro- to receive a grant under this section during atives an annual certification— mote high-fidelity practice principles and the 2 fiscal years beginning after the end of ‘‘(A) indicating whether— technical assistance to support effective and the 1-year period described in subparagraph ‘‘(i) all final audit reports issued by the Of- continuing integration with criminal justice (A). fice of the Inspector General under para- agency partners. ‘‘(E) PRIORITY.—In making grants under graph (1) have been completed and reviewed ‘‘(3) SUPPLEMENT AND NOT SUPPLANT.— this section, the Attorney General shall give by the appropriate Assistant Attorney Gen- Grants made under this subsection shall be priority to applicants that did not have an eral or Director; used to supplement, and not supplant, non- unresolved audit finding during the 3 fiscal ‘‘(ii) all mandatory exclusions required Federal funds that would otherwise be avail- years before submitting an application for a under paragraph (1)(D) have been issued; and able for programs described in this sub- grant under this section. ‘‘(iii) any reimbursements required under section. ‘‘(F) REIMBURSEMENT.—If an entity re- paragraph (1)(F) have been made; and ‘‘(4) APPLICATIONS.—To request a grant ceives a grant under this section during the ‘‘(B) that includes a list of any grantees ex- under this subsection, a State, unit of local 2-fiscal-year period during which the entity cluded under paragraph (1)(D) from the pre- government, territory, Indian Tribe, or non- is prohibited from receiving grants under vious year. profit agency shall submit an application to

VerDate Sep 11 2014 06:29 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00068 Fmt 0637 Sfmt 0634 E:\CR\FM\A05AU6.044 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE August 5, 2015 CONGRESSIONAL RECORD — SENATE S6395 the Attorney General in such form and con- SEC. 110. SCHOOL MENTAL HEALTH CRISIS ‘‘(C) specialized response units for calls re- taining such information as the Attorney INTERVENTION TEAMS. lated to substance use disorders, mental ill- General may reasonably require.’’. Section 2701 of title I of Omnibus Crime ness, or co-occurring mental illness and sub- Control and Safe Streets Act of 1968 (42 SEC. 106. ASSISTANCE FOR INDIVIDUALS stance use disorders; and TRANSITIONING OUT OF SYSTEMS. U.S.C. 3797a(b)) is amended by— ‘‘(D) other arrest and pre-booking treat- (1) redesignating paragraphs (4) and (5) as Section 2976(f) of title I of the Omnibus ment alternatives to incarceration models; paragraphs (5) and (6), respectively; and Crime Control and Safe Streets Act of 1968 or (2) inserting after paragraph (3) the fol- (42 U.S.C. 3797w(f)) is amended— ‘‘(2) post-booking treatment alternative to lowing: (1) in paragraph (5), by striking ‘‘and’’ at incarceration programs, including— ‘‘(4) the development and operation of cri- the end; and ‘‘(A) specialized clinical case management; sis intervention teams that may include co- (2) by adding at the end the following: ‘‘(B) pre-trial services related to sub- ordination with law enforcement agencies ‘‘(7) provide mental health treatment and stances use disorders, mental illness, and co- and specialized training for school officials transitional services for those with mental occurring mental illness and substance use in responding to mental health crises.’’. illnesses or with co-occurring disorders, in- disorders; SEC. 111. ACTIVE-SHOOTER TRAINING FOR LAW ‘‘(C) prosecutor and defender based pro- cluding housing placement or assistance; ENFORCEMENT. and’’. grams; The Attorney General, as part of the Pre- ‘‘(D) specialized probation; SEC. 107. CO-OCCURRING SUBSTANCE ABUSE venting Violence Against Law Enforcement ‘‘(E) treatment and rehabilitation pro- AND MENTAL HEALTH CHALLENGES and Ensuring Officer Resilience and Surviv- IN DRUG COURTS. grams; and ability Initiative (VALOR) of the Depart- ‘‘(F) problem-solving courts, including Part EE of title I of Omnibus Crime Con- ment of Justice, may provide safety training mental health courts, drug courts, co- trol and Safe Streets Act of 1968 (42 U.S.C. and technical assistance to local law en- occuring mental health and substance abuse 3797u et seq.) is amended— forcement agencies, including active-shooter courts, DWI courts, and veterans treatment (1) in section 2951(a)(1) (42 U.S.C. response training. courts. 3797u(a)(1)), by inserting ‘‘, including co-oc- SEC. 112. CO-OCCURRING SUBSTANCE ABUSE ‘‘(c) APPLICATION.— curring substance abuse and mental health AND MENTAL HEALTH CHALLENGES ‘‘(1) IN GENERAL.—An eligible entity desir- problems,’’ after ‘‘problems’’; and IN RESIDENTIAL SUBSTANCE ABUSE (2) in section 2959(a) (42 U.S.C. 3797u–8(a)), TREATMENT PROGRAMS. ing a grant under this section shall submit by inserting ‘‘, including training for drug Section 1901(a) of title I of Omnibus Crime an application to the Attorney General— court personnel and officials on identifying Control and Safe Streets Act of 1968 (42 ‘‘(A) that meets the criteria under para- and addressing co-occurring substance abuse U.S.C. 3796ff(a)) is amended— graph (2); and and mental health problems’’ after ‘‘part’’. (1) in paragraph (1), by striking ‘‘and’’ at ‘‘(B) at such time, in such manner, and ac- the end; companied by such information as the Attor- SEC. 108. MENTAL HEALTH TRAINING FOR FED- ney General may require. ERAL UNIFORMED SERVICES. (2) in paragraph (2), by striking the period at the end and inserting ‘‘; and’’; and ‘‘(2) CRITERIA.—An eligible entity, in sub- (a) IN GENERAL.—Not later than 180 days (3) by adding at the end the following: mitting an application under paragraph (1), after the date of enactment of this Act, the ‘‘(3) developing and implementing special- shall— Secretary of Defense, the Secretary of Home- ized residential substance abuse treatment ‘‘(A) provide extensive evidence of collabo- land Security, the Secretary of Health and programs that identify and provide appro- ration with State and local government Human Services, and the Secretary of Com- priate treatment to inmates with co-occur- agencies overseeing health, community cor- merce shall provide the following to each of ring mental health and substance abuse dis- rections, courts, prosecution, substance the uniformed services (as that term is de- orders or challenges.’’. abuse, mental health, victims services, and fined in section 101 of title 10, United States employment services, and with local law en- Code) under their direction: SEC. 113. MENTAL HEALTH AND DRUG TREAT- MENT ALTERNATIVES TO INCARCER- forcement agencies; and (1) TRAINING PROGRAMS.—Programs that ATION PROGRAMS. ‘‘(B) demonstrate consultation with the offer specialized and comprehensive training Title I of the Omnibus Crime Control and Single State Authority for Substance Abuse; in procedures to identify and respond appro- Safe Streets Act of 1968 (42 U.S.C. 3711 et ‘‘(C) demonstrate that evidence-based priately to incidents in which the unique seq.) is amended by striking part CC and in- treatment practices will be utilized; and needs of individuals with mental illnesses serting the following: ‘‘(D) demonstrate that evidenced-based are involved. ‘‘PART CC—MENTAL HEALTH AND DRUG screening and assessment tools will be used (2) IMPROVED TECHNOLOGY.—Computerized TREATMENT ALTERNATIVES TO INCAR- to place participants in the treatment alter- information systems or technological im- native to incarceration program. provements to provide timely information to CERATION PROGRAMS ‘‘SEC. 2901. MENTAL HEALTH AND DRUG TREAT- ‘‘(d) REQUIREMENTS.—Each eligible entity Federal law enforcement personnel, other awarded a grant for a treatment alternative branches of the uniformed services, and MENT ALTERNATIVES TO INCARCER- ATION PROGRAMS. to incarceration program under this section criminal justice system personnel to im- ‘‘(a) DEFINITIONS.—In this section— shall— prove the Federal response to mentally ill ‘‘(1) the term ‘eligible entity’ means a ‘‘(1) determine the terms and conditions of individuals. State, unit of local government, Indian tribe, participation in the program by eligible par- (3) COOPERATIVE PROGRAMS.—The establish- or nonprofit organization; and ticipants, taking into consideration the col- ment and expansion of cooperative efforts to ‘‘(2) the term ‘eligible participant’ means lateral consequences of an arrest, prosecu- promote public safety through the use of ef- an individual who— tion or criminal conviction; fective intervention with respect to men- ‘‘(A) comes into contact with the criminal ‘‘(2) ensure that each substance abuse and tally ill individuals encountered by members justice system or is charged with an offense; mental health treatment component is li- of the uniformed services. ‘‘(B) has a history of or a current— censed and qualified by the relevant jurisdic- SEC. 109. ADVANCING MENTAL HEALTH AS PART ‘‘(i) substance use disorder; tion; OF OFFENDER REENTRY. ‘‘(ii) mental illness; or ‘‘(3) for programs described in subsection (a) REENTRY DEMONSTRATION PROJECTS.— ‘‘(iii) co-occurring mental illness and sub- (b)(2), organize an enforcement unit com- Section 2976(f) of title I of the Omnibus stance use disorders; and prised of appropriately trained law enforce- Crime Control and Safe Streets Act of 1968 ‘‘(C) has been approved for participation in ment professionals under the supervision of (42 U.S.C. 3797w(f)), as amended by section a program funded under this section by, the the State, Tribal, or local criminal justice 106, is amended— relevant law enforcement agency, pros- agency involved, the duties of which shall in- (1) in paragraph (3)(C), by inserting ‘‘men- ecuting attorney, defense attorney, proba- clude— tal health services,’’ before ‘‘drug treat- tion official, corrections official, judge, rep- ‘‘(A) the verification of addresses and other ment’’; and resentative of a mental health agency, or contacts of each eligible participant who (2) by adding at the end the following: representative of a substance abuse agency. participates or desires to participate in the ‘‘(8) target offenders with histories of ‘‘(b) PROGRAM AUTHORIZED.—The Attorney program; and homelessness, substance abuse, or mental ill- General may make grants to eligible entities ‘‘(B) if necessary, the location, apprehen- ness, including a prerelease assessment of to develop, implement, or expand a treat- sion, arrest, and return to court of an eligi- the housing status of the offender and behav- ment alternative to incarceration program ble participant in the program who has ab- ioral health needs of the offender with clear for eligible participants, including— sconded from the facility of a treatment pro- coordination with mental health, substance ‘‘(1) pre-booking treatment alternative to vider or has otherwise significantly violated abuse, and homelessness services systems to incarceration programs, including— the terms and conditions of the program, achieve stable and permanent housing out- ‘‘(A) law enforcement training on sub- consistent with Federal and State confiden- comes with appropriate support service.’’. stance use disorders, mental illness, and co- tiality requirements; (b) MENTORING GRANTS.—Section 211(b)(2) occurring mental illness and substance use ‘‘(4) notify the relevant criminal justice of the Second Chance Act of 2007 (42 U.S.C. disorders; entity if any eligible participant in the pro- 17531(b)(2)) is amended by inserting ‘‘, includ- ‘‘(B) receiving centers as alternatives to gram absconds from the facility of the treat- ing mental health care’’ after ‘‘community’’. incarceration of eligible participants; ment provider or otherwise violates the

VerDate Sep 11 2014 06:29 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00069 Fmt 0637 Sfmt 0634 E:\CR\FM\A05AU6.044 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE S6396 CONGRESSIONAL RECORD — SENATE August 5, 2015 terms and conditions of the program, con- thereafter, the Inspector General of the De- and the Committee on the Judiciary of the sistent with Federal and State confiden- partment of Justice shall conduct audits of House of Representatives on all conference tiality requirements; recipients of grants under this section to expenditures approved under this paragraph. ‘‘(5) submit periodic reports on the prevent waste, fraud, and abuse of funds by ‘‘(4) ANNUAL CERTIFICATION.—Beginning in progress of treatment or other measured out- grantees. The Inspector General shall deter- the first fiscal year beginning after the date comes from participation in the program of mine the appropriate number of grantees to of enactment of this subsection, the Attor- each eligible offender participating in the be audited each year. ney General shall submit, to the Committee program to the relevant State, Tribal, or ‘‘(C) MANDATORY EXCLUSION.—A recipient on the Judiciary and the Committee on Ap- local criminal justice agency, including men- of grant funds under this section that is propriations of the Senate and the Com- tal health courts, drug courts, co-occurring found to have an unresolved audit finding mittee on the Judiciary and the Committee mental health and substance abuse courts, shall not be eligible to receive grant funds on Appropriations of the House of Represent- DWI courts, and veterans treatment courts; under this section during the first 2 fiscal atives, an annual certification— ‘‘(6) describe the evidence-based method- years beginning after the end of the 12- ‘‘(A) indicating whether— ology and outcome measurements that will month period described in subparagraph (A). ‘‘(i) all audits issued by the Office of the be used to evaluate the program, and specifi- ‘‘(D) PRIORITY.—In awarding grants under Inspector General under paragraph (1) have cally explain how such measurements will this section, the Attorney General shall give been completed and reviewed by the appro- provide valid measures of the impact of the priority to eligible applicants that did not priate Assistant Attorney General or Direc- program; and have an unresolved audit finding during the tor; ‘‘(7) describe how the program could be 3 fiscal years before submitting an applica- ‘‘(ii) all mandatory exclusions required broadly replicated if demonstrated to be ef- tion for a grant under this section. under paragraph (1)(C) have been issued; and fective. ‘‘(E) REIMBURSEMENT.—If an entity is ‘‘(iii) all reimbursements required under ‘‘(e) USE OF FUNDS.—An eligible entity awarded grant funds under this section dur- paragraph (1)(E) have been made; and shall use a grant received under this section ing the 2-fiscal-year period during which the ‘‘(B) that includes a list of any grant re- for expenses of a treatment alternative to in- entity is barred from receiving grants under cipients excluded under paragraph (1) from carceration program, including— subparagraph (C), the Attorney General the previous year. ‘‘(1) salaries, personnel costs, equipment shall— ‘‘(5) PREVENTING DUPLICATIVE GRANTS.— costs, and other costs directly related to the ‘‘(i) deposit an amount equal to the ‘‘(A) IN GENERAL.—Before the Attorney operation of the program, including the en- amount of the grant funds that were improp- General awards a grant to an applicant forcement unit; erly awarded to the grantee into the General under this section, the Attorney General ‘‘(2) payments for treatment providers that Fund of the Treasury; and shall compare potential grant awards with are approved by the relevant State or Tribal ‘‘(ii) seek to recoup the costs of the repay- other grants awarded under this Act to de- jurisdiction and licensed, if necessary, to ment to the fund from the grant recipient termine if duplicate grant awards are award- provide needed treatment to eligible offend- that was erroneously awarded grant funds. ed for the same purpose. ‘‘(2) NONPROFIT ORGANIZATION REQUIRE- ers participating in the program, including ‘‘(B) REPORT.—If the Attorney General aftercare supervision, vocational training, MENTS.— awards duplicate grants to the same appli- ‘‘(A) DEFINITION.—For purposes of this education, and job placement; and cant for the same purpose the Attorney Gen- paragraph and the grant programs under this ‘‘(3) payments to public and nonprofit pri- eral shall submit to the Committee on the part, the term ‘nonprofit organization’ vate entities that are approved by the State Judiciary of the Senate and the Committee means an organization that is described in or Tribal jurisdiction and licensed, if nec- on the Judiciary of the House of Representa- section 501(c)(3) of the Internal Revenue Code essary, to provide alcohol and drug addiction tives a report that includes— of 1986 and is exempt from taxation under treatment to eligible offenders participating ‘‘(i) a list of all duplicate grants awarded, section 501(a) of such Code. in the program. including the total dollar amount of any du- ‘‘(B) PROHIBITION.—The Attorney General ‘‘(f) SUPPLEMENT NOT SUPPLANT.—An eligi- plicate grants awarded; and may not award a grant under this part to a ble entity shall use Federal funds received ‘‘(ii) the reason the Attorney General under this section only to supplement the nonprofit organization that holds money in offshore accounts for the purpose of avoiding awarded the duplicate grants.’’. funds that would, in the absence of those SEC. 114. NATIONAL CRIMINAL JUSTICE AND Federal funds, be made available from other paying the tax described in section 511(a) of the Internal Revenue Code of 1986. MENTAL HEALTH TRAINING AND Federal and non-Federal sources for the ac- TECHNICAL ASSISTANCE. tivities described in this section, and not to ‘‘(C) DISCLOSURE.—Each nonprofit organi- Part HH of title I of the Omnibus Crime supplant those funds. The Federal share of a zation that is awarded a grant under this Control and Safe Streets Act of 1968 (42 grant made under this section may not ex- section and uses the procedures prescribed in U.S.C. 3797aa et seq.) is amended by adding ceed 50 percent of the total costs of the pro- regulations to create a rebuttable presump- at the end the following: tion of reasonableness for the compensation gram described in an application under sub- ‘‘SEC. 2992. NATIONAL CRIMINAL JUSTICE AND section (d). of its officers, directors, trustees, and key MENTAL HEALTH TRAINING AND ‘‘(g) GEOGRAPHIC DISTRIBUTION.—The At- employees, shall disclose to the Attorney TECHNICAL ASSISTANCE. torney General shall ensure that, to the ex- General, in the application for the grant, the ‘‘(a) AUTHORITY.—The Attorney General tent practicable, the geographical distribu- process for determining such compensation, may make grants to eligible organizations to tion of grants under this section is equitable including the independent persons involved provide for the establishment of a National and includes a grant to an eligible entity in reviewing and approving such compensa- Criminal Justice and Mental Health Train- in— tion, the comparability data used, and con- ing and Technical Assistance Center. ‘‘(1) each State; temporaneous substantiation of the delibera- ‘‘(b) ELIGIBLE ORGANIZATION.—For purposes ‘‘(2) rural, suburban, and urban areas; and tion and decision. Upon request, the Attor- of subsection (a), the term ‘eligible organiza- ‘‘(3) Tribal jurisdictions. ney General shall make the information dis- tion’ means a national nonprofit organiza- ‘‘(h) REPORTS AND EVALUATIONS.—Each fis- closed under this subparagraph available for tion that provides technical assistance and cal year, each recipient of a grant under this public inspection. training to, and has special expertise and section during that fiscal year shall submit ‘‘(3) CONFERENCE EXPENDITURES.— broad, national-level experience in, mental to the Attorney General a report on the out- ‘‘(A) LIMITATION.—No amounts made avail- health, crisis intervention, criminal justice comes of activities carried out using that able to the Department of Justice under this systems, law enforcement, translating evi- grant in such form, containing such informa- section may be used by the Attorney Gen- dence into practice, training, and research, tion, and on such dates as the Attorney Gen- eral, or by any individual or entity awarded and education and support of people with eral shall specify. discretionary funds through a cooperative mental illness and the families of such indi- ‘‘(i) ACCOUNTABILITY.—All grants awarded agreement under this section, to host or sup- viduals. by the Attorney General under this section port any expenditure for conferences that ‘‘(c) USE OF FUNDS.—Any organization that shall be subject to the following account- uses more than $20,000 in funds made avail- receives a grant under subsection (a) shall ability provisions: able by the Department of Justice, unless establish and operate a National Criminal ‘‘(1) AUDIT REQUIREMENT.— the head of the relevant agency or depart- Justice and Mental Health Training and ‘‘(A) DEFINITION.—In this paragraph, the ment, provides prior written authorization Technical Assistance Center to— term ‘unresolved audit finding’ means a find- that the funds may be expended to host the ‘‘(1) provide law enforcement officer train- ing in the final audit report of the Inspector conference. ing regarding mental health and working General of the Department of Justice that ‘‘(B) WRITTEN APPROVAL.—Written ap- with individuals with mental illnesses, with the audited grantee has utilized grant funds proval under subparagraph (A) shall include an emphasis on de-escalation of encounters for an unauthorized expenditure or otherwise a written estimate of all costs associated between law enforcement officers and those unallowable cost that is not closed or re- with the conference, including the cost of all with mental disorders or in crisis, which solved within 12 months from the date on food, beverages, audio-visual equipment, shall include support the development of in- which the final audit report is issued. honoraria for speakers, and entertainment. person and technical information exchanges ‘‘(B) AUDITS.—Beginning in the first fiscal ‘‘(C) REPORT.—The Deputy Attorney Gen- between systems and the individuals work- year beginning after the date of enactment eral shall submit an annual report to the ing in those systems in support of the con- of this subsection, and in each fiscal year Committee on the Judiciary of the Senate cepts identified in the training;

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IMPROVING DEPARTMENT OF JUSTICE under this section, Federal, State, and local the Internal Revenue Code of 1986 (26 U.S.C. 511(a)). DATA COLLECTION ON MENTAL ILL- agencies involved in the provision of mental NESS INVOLVED IN CRIME. ‘‘(C) DISCLOSURE.—Each nonprofit agency health services, and non-governmental orga- (a) IN GENERAL.—Notwithstanding any that is awarded a grant under this section nizations involved in the provision of mental other provision of law, on or after the date and uses the procedures prescribed in regula- health services; that is 90 days after the date on which the tions to create a rebuttable presumption of ‘‘(7) develop and disseminate evaluation Attorney General promulgates regulations reasonableness for the compensation of its tools, mechanisms, and measures to better under subsection (b), any data prepared by, assess and document performance measures officers, directors, trustees, and key employ- or submitted to, the Attorney General or the and outcomes; ees, shall disclose to the Attorney General, Director of the Federal Bureau of Investiga- ‘‘(8) disseminate information to States, in the application for the grant, the process tion with respect to the incidences of homi- units of local government, criminal justice for determining such compensation, includ- cides, law enforcement officers killed, seri- agencies, law enforcement agencies, and ing the independent persons involved in re- ously injured, and assaulted, or individuals other relevant entities about best practices, viewing and approving such compensation, killed or seriously injured by law enforce- policy standards, and research findings; and the comparability data used, and contem- ment officers shall include data with respect ‘‘(9) provide education and support to indi- poraneous substantiation of the deliberation to the involvement of mental illness in such viduals with mental illness involved with, or and decision. Upon request, the Attorney incidences, if any. at risk of involvement with, the criminal General shall make the information dis- (b) REGULATIONS.—Not later than 90 days justice system, including the families of closed under this subparagraph available for after the date of the enactment of this Act, such individuals. public inspection. the Attorney General shall promulgate or re- ‘‘(d) ACCOUNTABILITY.—Grants awarded ‘‘(3) CONFERENCE EXPENDITURES.— vise regulations as necessary to carry out under this section shall be subject to the fol- ‘‘(A) LIMITATION.—No amounts made avail- subsection (a). lowing accountability provisions: able to the Department of Justice under this SEC. 116. REPORTS ON THE NUMBER OF MEN- ‘‘(1) AUDIT REQUIREMENT.— section may be used by the Attorney Gen- TALLY ILL OFFENDERS IN PRISON. ‘‘(A) DEFINITION.—In this paragraph, the eral, or by any individual or entity awarded (a) REPORT ON THE COST OF TREATING THE term ‘unresolved audit finding’ means a find- discretionary funds through a cooperative MENTALLY ILL IN THE CRIMINAL JUSTICE SYS- ing in the final audit report of the Inspector agreement under this section, to host or sup- TEM.—Not later than 12 months after the General of the Department of Justice under port any expenditure for conferences that date of enactment of this Act, the Comp- subparagraph (C) that the audited grantee uses more than $20,000 in funds made avail- troller General of the United States shall has used grant funds for an unauthorized ex- able by the Department of Justice, unless submit to Congress a report detailing the penditure or otherwise unallowable cost that the head of the relevant agency or depart- cost of imprisonment for individuals who is not closed or resolved within 1 year after ment, provides prior written authorization have serious mental illness by the Federal the date on which the final audit report is that the funds may be expended to host the Government or a State or unit of local gov- issued. conference. ernment, which shall include— ‘‘(B) AUDITS.—Beginning in the first fiscal ‘‘(B) WRITTEN APPROVAL.—Written ap- (1) the number and type of crimes com- year beginning after the date of enactment proval under subparagraph (A) shall include mitted by individuals with serious mental of this section, and in each fiscal year there- a written estimate of all costs associated illness each year; and after, the Inspector General of the Depart- with the conference, including the cost of all (2) detail strategies or ideas for preventing ment of Justice shall conduct audits of food, beverages, audio-visual equipment, crimes by those individuals with serious grantees under this section to prevent waste, honoraria for speakers, and entertainment. mental illness from occurring. fraud, and abuse of funds by grantees. The ‘‘(C) REPORT.—The Deputy Attorney Gen- (b) DEFINITION.—For purposes of this sec- Inspector General shall determine the appro- eral shall submit an annual report to the tion, the Attorney General, in consultation priate number of grantees to be audited each Committee on the Judiciary of the Senate with the Assistant Secretary of Mental year. and the Committee on the Judiciary of the Health and Substance Use Disorders shall de- ‘‘(C) FINAL AUDIT REPORT.—The Inspector House of Representatives on all conference fined ‘‘serious mental illness’’ based on the General of the Department of Justice shall expenditures approved under this paragraph. ‘‘Health Care Reform for Americans with Se- submit a final report on each audit con- ‘‘(4) ANNUAL CERTIFICATION.—Beginning in vere Mental Illnesses: Report’’ of the Na- ducted under subparagraph (B). the first fiscal year beginning after the date tional Advisory Mental Health Council, ‘‘(D) MANDATORY EXCLUSION.—Grantees of enactment of this subsection, the Attor- American Journal of Psychiatry 1993; under this section about which there is an ney General shall submit to the Committee 150:1447–1465. unresolved audit finding shall not be eligible on the Judiciary and the Committee on Ap- TITLE II—COMPREHENSIVE JUSTICE AND to receive a grant under this section during propriations of the Senate and the Com- MENTAL HEALTH ACT the 2 fiscal years beginning after the end of mittee on the Judiciary and the Committee SEC. 201. SHORT TITLE. the 1-year period described in subparagraph on Appropriations of the House of Represent- This title may be cited as the ‘‘Comprehen- (A). atives an annual certification— sive Justice and Mental Health Act of 2015’’. ‘‘(E) PRIORITY.—In making grants under ‘‘(A) indicating whether— SEC. 202. FINDINGS. this section, the Attorney General shall give ‘‘(i) all final audit reports issued by the Of- Congress finds the following: priority to applicants that did not have an fice of the Inspector General under para- (1) An estimated 2,000,000 individuals with unresolved audit finding during the 3 fiscal graph (1) have been completed and reviewed serious mental illnesses are booked into jails

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each year, resulting in prevalence rates of ‘‘(IV) reducing recidivism; ‘‘(1) DEFINITIONS.— serious mental illness in jails that are 3 to 6 ‘‘(V) evaluating the impact of the eligible ‘‘(A) CORRECTIONAL FACILITY.—The term times higher than in the general population. entity’s approach; and ‘correctional facility’ means a jail, prison, or An even greater number of individuals who ‘‘(VI) planning for the sustainability of ef- other detention facility used to house people are detained in jails each year have mental fective interventions.’’. who have been arrested, detained, held, or health problems that do not rise to the level SEC. 204. VETERANS TREATMENT COURTS. convicted by a criminal justice agency or a of a serious mental illness but may still re- Section 2991 of the Omnibus Crime Control court. quire a resource-intensive response. and Safe Streets Act of 1968 (42 U.S.C. 3797aa) ‘‘(B) ELIGIBLE INMATE.—The term ‘eligible (2) Adults with mental illnesses cycle is amended by inserting after subsection (i), inmate’ means an individual who— through jails more often than individuals as added by section 203, the following: ‘‘(i) is being held, detained, or incarcerated without mental illnesses, and tend to stay ‘‘(j) ASSISTING VETERANS.— in a correctional facility; and longer (including before trial, during trial, ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(ii) manifests obvious signs of a mental and after sentencing). ‘‘(A) PEER TO PEER SERVICES OR PRO- illness or has been diagnosed by a qualified 3 (3) According to estimates, almost ⁄4 of jail GRAMS.—The term ‘peer to peer services or mental health professional as having a men- detainees with serious mental illnesses have programs’ means services or programs that tal illness. co-occurring substance use disorders, and in- connect qualified veterans with other vet- ‘‘(2) CORRECTIONAL FACILITY GRANTS.—The dividuals with mental illnesses are also erans for the purpose of providing support Attorney General may award grants to appli- much more likely to have serious physical and mentorship to assist qualified veterans cants to enhance the capabilities of a correc- health needs. in obtaining treatment, recovery, stabiliza- tional facility— (4) Among individuals under probation su- tion, or rehabilitation. ‘‘(A) to identify and screen for eligible in- pervision, individuals with mental disorders ‘‘(B) QUALIFIED VETERAN.—The term ‘quali- mates; are nearly twice as likely as other individ- fied veteran’ means a preliminarily qualified ‘‘(B) to plan and provide— uals to have their community sentence re- offender who— ‘‘(i) initial and periodic assessments of the voked, furthering their involvement in the ‘‘(i) served on active duty in any branch of clinical, medical, and social needs of in- criminal justice system. Reasons for revoca- the Armed Forces, including the National mates; and tion may be directly or indirectly related to Guard or Reserves; and ‘‘(ii) appropriate treatment and services an individual’s mental disorder. ‘‘(ii) was discharged or released from such that address the mental health and sub- SEC. 203. SEQUENTIAL INTERCEPT MODEL. service under conditions other than dishon- stance abuse needs of inmates; (a) REDESIGNATION.—Section 2991 of the orable. ‘‘(C) to develop, implement, and enhance— Omnibus Crime Control and Safe Streets Act ‘‘(C) VETERANS TREATMENT COURT PRO- ‘‘(i) post-release transition plans for eligi- of 1968 (42 U.S.C. 3797aa) is amended by redes- GRAM.—The term ‘veterans treatment court ble inmates that, in a comprehensive man- ignating subsection (i) as subsection (o). program’ means a court program involving ner, coordinate health, housing, medical, (b) SEQUENTIAL INTERCEPT MODEL.—Section employment, and other appropriate services 2991 of the Omnibus Crime Control and Safe collaboration among criminal justice, vet- and public benefits; Streets Act of 1968 (42 U.S.C. 3797aa) is erans, and mental health and substance ‘‘(ii) the availability of mental health care amended by inserting after subsection (h) abuse agencies that provides qualified vet- services and substance abuse treatment serv- the following: erans with— ‘‘(i) SEQUENTIAL INTERCEPT GRANTS.— ‘‘(i) intensive judicial supervision and case ices; and ‘‘(1) DEFINITION.—In this subsection, the management, which may include random and ‘‘(iii) alternatives to solitary confinement term ‘eligible entity’ means a State, unit of frequent drug testing where appropriate; and segregated housing and mental health local government, Indian tribe, or tribal or- ‘‘(ii) a full continuum of treatment serv- screening and treatment for inmates placed ganization. ices, including mental health services, sub- in solitary confinement or segregated hous- ‘‘(2) AUTHORIZATION.—The Attorney Gen- stance abuse services, medical services, and ing; and eral may make grants under this subsection services to address trauma; ‘‘(D) to train each employee of the correc- to an eligible entity for sequential intercept ‘‘(iii) alternatives to incarceration; and tional facility to identify and appropriately mapping and implementation in accordance ‘‘(iv) other appropriate services, including respond to incidents involving inmates with with paragraph (3). housing, transportation, mentoring, employ- mental health or co-occurring mental health ‘‘(3) SEQUENTIAL INTERCEPT MAPPING; IM- ment, job training, education, and assistance and substance abuse disorders.’’. PLEMENTATION.—An eligible entity that re- in applying for and obtaining available bene- SEC. 206. ALLOWABLE USES. ceives a grant under this subsection may use fits. Section 2991(b)(5)(I) of the Omnibus Crime funds for— ‘‘(2) VETERANS ASSISTANCE PROGRAM.— Control and Safe Streets Act of 1968 (42 ‘‘(A) sequential intercept mapping, which— ‘‘(A) IN GENERAL.—The Attorney General, U.S.C. 3797aa(b)(5)(I)) is amended by adding ‘‘(i) shall consist of— in consultation with the Secretary of Vet- at the end the following: ‘‘(I) convening mental health and criminal erans Affairs, may award grants under this ‘‘(v) TEAMS ADDRESSING FREQUENT USERS OF justice stakeholders to— subsection to applicants to establish or ex- CRISIS SERVICES.—Multidisciplinary teams ‘‘(aa) develop a shared understanding of pand— that— the flow of justice-involved individuals with ‘‘(i) veterans treatment court programs; ‘‘(I) coordinate, implement, and administer mental illnesses through the criminal justice ‘‘(ii) peer to peer services or programs for community-based crisis responses and long- system; and qualified veterans; term plans for frequent users of crisis serv- ‘‘(bb) identify opportunities for improved ‘‘(iii) practices that identify and provide ices; collaborative responses to the risks and treatment, rehabilitation, legal, transi- ‘‘(II) provide training on how to respond needs of individuals described in item (aa); tional, and other appropriate services to appropriately to the unique issues involving and qualified veterans who have been incarcer- frequent users of crisis services for public ‘‘(II) developing strategies to address gaps ated; and service personnel, including criminal justice, in services and bring innovative and effec- ‘‘(iv) training programs to teach criminal mental health, substance abuse, emergency tive programs to scale along multiple inter- justice, law enforcement, corrections, men- room, healthcare, law enforcement, correc- cepts, including— tal health, and substance abuse personnel tions, and housing personnel; ‘‘(aa) emergency and crisis services; how to identify and appropriately respond to ‘‘(III) develop or support alternatives to ‘‘(bb) specialized police-based responses; incidents involving qualified veterans. hospital and jail admissions for frequent ‘‘(cc) court hearings and disposition alter- ‘‘(B) PRIORITY.—In awarding grants under users of crisis services that provide treat- natives; this subsection, the Attorney General shall ment, stabilization, and other appropriate ‘‘(dd) reentry from jails and prisons; and give priority to applications that— supports in the least restrictive, yet appro- ‘‘(ee) community supervision, treatment ‘‘(i) demonstrate collaboration between priate, environment; and and support services; and and joint investments by criminal justice, ‘‘(IV) develop protocols and systems among ‘‘(ii) may serve as a starting point for the mental health, substance abuse, and vet- law enforcement, mental health, substance development of strategic plans to achieve erans service agencies; abuse, housing, corrections, and emergency positive public health and safety outcomes; ‘‘(ii) promote effective strategies to iden- medical service operations to provide coordi- and tify and reduce the risk of harm to qualified nated assistance to frequent users of crisis ‘‘(B) implementation, which shall— veterans and public safety; and services.’’. ‘‘(i) be derived from the strategic plans de- ‘‘(iii) propose interventions with empirical SEC. 207. LAW ENFORCEMENT TRAINING. scribed in subparagraph (A)(ii); and support to improve outcomes for qualified Section 2991(h) of the Omnibus Crime Con- ‘‘(ii) consist of— veterans.’’. trol and Safe Streets Act of 1968 (42 U.S.C. ‘‘(I) hiring and training personnel; SEC. 205. PRISON AND JAILS. 3797aa(h)) is amended— ‘‘(II) identifying the eligible entity’s target Section 2991 of the Omnibus Crime Control (1) in paragraph (1), by adding at the end population; and Safe Streets Act of 1968 (42 U.S.C. 3797aa) the following: ‘‘(III) providing services and supports to re- is amended by inserting after subsection (j), ‘‘(F) ACADEMY TRAINING.—To provide sup- duce unnecessary penetration into the crimi- as added by section 204, the following: port for academy curricula, law enforcement nal justice system; ‘‘(k) CORRECTIONAL FACILITIES.— officer orientation programs, continuing

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(b) TECHNICAL AND CONFORMING AMEND- persons with mental health disorders or co- (a) IN GENERAL.—Section 2991(a) of the Om- MENT.—Section 2927(2) of the Omnibus Crime nibus Crime Control and Safe Streets Act of occurring mental health and substance abuse Control and Safe Streets Act of 1968 (42 1968 (42 U.S.C. 3797aa(a)) is amended— disorders.’’; and U.S.C. 3797s-6(2)) is amended by striking ‘‘has (1) in paragraph (7)— (2) by adding at the end the following: the meaning given that term in section (A) in the heading, by striking ‘‘MENTAL ‘‘(4) PRIORITY CONSIDERATION.—The Attor- 2991(a).’’ and inserting ‘‘means an offense ILLNESS’’ and inserting ‘‘MENTAL ILLNESS; ney General, in awarding grants under this that— MENTAL HEALTH DISORDER’’; and ‘‘(A) does not have as an element the use, subsection, shall give priority to programs (B) by striking ‘‘term ‘‘mental illness’’ that law enforcement personnel and mem- attempted use, or threatened use of physical means’’ and inserting ‘‘terms ‘‘mental ill- force against the person or property of an- bers of the mental health and substance ness’’ and ‘‘mental health disorder’’ mean’’; other; or abuse professions develop and administer co- and ‘‘(B) is not a felony that by its nature in- operatively.’’. (2) by striking paragraph (9) and inserting volves a substantial risk that physical force SEC. 208. FEDERAL LAW ENFORCEMENT TRAIN- the following: against the person or property of another ING. ‘‘(9) PRELIMINARILY QUALIFIED OFFENDER.— may be used in the course of committing the ‘‘(A) IN GENERAL.—The term ‘preliminarily offense.’’. Not later than 1 year after the date of en- qualified offender’ means an adult or juve- SEC. 212. GRANT ACCOUNTABILITY. actment of this Act, the Attorney General nile accused of an offense who— Section 2991 of the Omnibus Crime Control shall provide direction and guidance for the ‘‘(i)(I) previously or currently has been di- and Safe Streets Act of 1968 (42 U.S.C. 3797aa) following: agnosed by a qualified mental health profes- is amended by inserting after subsection (k), (1) TRAINING PROGRAMS.—Programs that sional as having a mental illness or co-occur- as added by section 205, the following: offer specialized and comprehensive training, ring mental illness and substance abuse dis- ‘‘(m) ACCOUNTABILITY.—All grants awarded in procedures to identify and appropriately orders; by the Attorney General under this section respond to incidents in which the unique ‘‘(II) manifests obvious signs of mental ill- shall be subject to the following account- needs of individuals who have a mental ill- ness or co-occurring mental illness and sub- ability provisions: ness are involved, to first responders and stance abuse disorders during arrest or con- ‘‘(1) AUDIT REQUIREMENT.— tactical units of— finement or before any court; or ‘‘(A) DEFINITION.—In this paragraph, the (A) Federal law enforcement agencies; and ‘‘(III) in the case of a veterans treatment term ‘unresolved audit finding’ means a find- (B) other Federal criminal justice agencies court provided under subsection (i), has been ing in the final audit report of the Inspector such as the Bureau of Prisons, the Adminis- diagnosed with, or manifests obvious signs General of the Department of Justice that trative Office of the United States Courts, of, mental illness or a substance abuse dis- the audited grantee has utilized grant funds and other agencies that the Attorney Gen- order or co-occurring mental illness and sub- for an unauthorized expenditure or otherwise eral determines appropriate. stance abuse disorder; unallowable cost that is not closed or re- (2) IMPROVED TECHNOLOGY.—The establish- ‘‘(ii) has been unanimously approved for solved within 12 months from the date when ment of, or improvement of existing, com- participation in a program funded under this the final audit report is issued. puterized information systems to provide section by, when appropriate— ‘‘(B) AUDITS.—Beginning in the first fiscal timely information to employees of Federal ‘‘(I) the relevant— year beginning after the date of enactment law enforcement agencies, and Federal ‘‘(aa) prosecuting attorney; of this subsection, and in each fiscal year criminal justice agencies to improve the re- ‘‘(bb) defense attorney; thereafter, the Inspector General of the De- sponse of such employees to situations in- ‘‘(cc) probation or corrections official; and partment of Justice shall conduct audits of volving individuals who have a mental ill- ‘‘(dd) judge; and recipients of grants under this section to ness. ‘‘(II) a representative from the relevant prevent waste, fraud, and abuse of funds by mental health agency described in sub- grantees. The Inspector General shall deter- SEC. 209. GAO REPORT. section (b)(5)(B)(i); mine the appropriate number of grantees to Not later than 1 year after the date of en- ‘‘(iii) has been determined, by each person be audited each year. described in clause (ii) who is involved in ap- ‘‘(C) MANDATORY EXCLUSION.—A recipient actment of this Act, the Comptroller General proving the adult or juvenile for participa- of grant funds under this section that is of the United States, in coordination with tion in a program funded under this section, found to have an unresolved audit finding the Attorney General, shall submit to Con- to not pose a risk of violence to any person shall not be eligible to receive grant funds gress a report on— in the program, or the public, if selected to under this section during the first 2 fiscal (1) the practices that Federal first respond- participate in the program; and years beginning after the end of the 12- ers, tactical units, and corrections officers ‘‘(iv) has not been charged with or con- month period described in subparagraph (A). are trained to use in responding to individ- victed of— ‘‘(D) PRIORITY.—In awarding grants under uals with mental illness; ‘‘(I) any sex offense (as defined in section this section, the Attorney General shall give (2) procedures to identify and appro- 111 of the Sex Offender Registration and No- priority to eligible applicants that did not priately respond to incidents in which the tification Act (42 U.S.C. 16911)) or any offense have an unresolved audit finding during the unique needs of individuals who have a men- relating to the sexual exploitation of chil- 3 fiscal years before submitting an applica- tal illness are involved, to Federal first re- dren; or tion for a grant under this section. sponders and tactical units; ‘‘(II) murder or assault with intent to com- ‘‘(E) REIMBURSEMENT.—If an entity is (3) the application of evidence-based prac- mit murder. awarded grant funds under this section dur- tices in criminal justice settings to better ‘‘(B) DETERMINATION.—In determining ing the 2-fiscal-year period during which the address individuals with mental illnesses; whether to designate a defendant as a pre- entity is barred from receiving grants under and liminarily qualified offender, the relevant subparagraph (C), the Attorney General (4) recommendations on how the Depart- prosecuting attorney, defense attorney, pro- shall— ment of Justice can expand and improve in- bation or corrections official, judge, and ‘‘(i) deposit an amount equal to the formation sharing and dissemination of best mental health or substance abuse agency amount of the grant funds that were improp- practices. representative shall take into account— erly awarded to the grantee into the General SEC. 210. EVIDENCE BASED PRACTICES. ‘‘(i) whether the participation of the de- Fund of the Treasury; and fendant in the program would pose a sub- ‘‘(ii) seek to recoup the costs of the repay- Section 2991(c) of the Omnibus Crime Con- stantial risk of violence to the community; ment to the fund from the grant recipient trol and Safe Streets Act of 1968 (42 U.S.C. ‘‘(ii) the criminal history of the defendant that was erroneously awarded grant funds. 3797aa(c)) is amended— and the nature and severity of the offense for ‘‘(2) NONPROFIT ORGANIZATION REQUIRE- (1) in paragraph (3), by striking ‘‘or’’ at the which the defendant is charged; MENTS.— end; ‘‘(iii) the views of any relevant victims to ‘‘(A) DEFINITION.—For purposes of this (2) by redesignating paragraph (4) as para- the offense; paragraph and the grant programs under this graph (6); and ‘‘(iv) the extent to which the defendant part, the term ‘nonprofit organization’ (3) by inserting after paragraph (3), the fol- would benefit from participation in the pro- means an organization that is described in lowing: gram; section 501(c)(3) of the Internal Revenue Code ‘‘(4) propose interventions that have been ‘‘(v) the extent to which the community of 1986 and is exempt from taxation under shown by empirical evidence to reduce re- would realize cost savings because of the de- section 501(a) of such Code. cidivism; fendant’s participation in the program; and ‘‘(B) PROHIBITION.—The Attorney General ‘‘(5) when appropriate, use validated as- ‘‘(vi) whether the defendant satisfies the may not award a grant under this part to a sessment tools to target preliminarily quali- eligibility criteria for program participation nonprofit organization that holds money in fied offenders with a moderate or high risk of unanimously established by the relevant offshore accounts for the purpose of avoiding recidivism and a need for treatment and prosecuting attorney, defense attorney, pro- paying the tax described in section 511(a) of services; or’’. bation or corrections official, judge and men- the Internal Revenue Code of 1986.

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‘‘(C) DISCLOSURE.—Each nonprofit organi- TITLE III—NICS REAUTHORIZATION AND gram described in section 101(c)(2)(A) or 105 zation that is awarded a grant under this NICS IMPROVEMENT of the NICS Improvement Amendments Act section and uses the procedures prescribed in SEC. 301. REAUTHORIZATION OF NICS. of 2007 (18 U.S.C. 922 note), or under any regulations to create a rebuttable presump- (a) IN GENERAL.—Section 103(e) of the NICS other State-authorized relief from disabil- tion of reasonableness for the compensation Improvement Amendments Act of 2007 (18 ities program of the State in which the origi- of its officers, directors, trustees, and key U.S.C. 922 note) is amended by striking ‘‘fis- nal commitment or adjudication occurred. employees, shall disclose to the Attorney cal year 2013’’ and inserting ‘‘each of fiscal ‘‘(37) The term ‘psychiatric hospital’ in- General, in the application for the grant, the years 2016 through 2020’’. cludes a mental health facility, a mental process for determining such compensation, SEC. 302. DEFINITIONS RELATING TO MENTAL hospital, a sanitarium, a psychiatric facility, including the independent persons involved HEALTH. and any other facility that provides diag- in reviewing and approving such compensa- (a) TITLE 18 DEFINITIONS.—Chapter 44 of noses or treatment by licensed professionals tion, the comparability data used, and con- title 18, United States Code, is amended— of mental retardation or mental illness, in- temporaneous substantiation of the delibera- (1) in section 921(a), by adding at the end cluding a psychiatric ward in a general hos- tion and decision. Upon request, the Attor- the following: pital.’’; and ney General shall make the information dis- ‘‘(36)(A) Subject to subparagraph (B), the (2) in section 922— closed under this subparagraph available for term ‘has been adjudicated mentally incom- (A) in subsection (d)(4)— public inspection. petent or has been committed to a psy- (i) by striking ‘‘as a mental defective’’ and inserting ‘‘mentally incompetent’’; and ‘‘(3) CONFERENCE EXPENDITURES.— chiatric hospital’, with respect to a person— (ii) by striking ‘‘any mental institution’’ ‘‘(A) LIMITATION.—No amounts made avail- ‘‘(i) means the person is the subject of an and inserting ‘‘a psychiatric hospital’’; and able to the Department of Justice under this order or finding by a judicial officer, court, (B) in subsection (g)(4)— section may be used by the Attorney Gen- board, commission, or other adjudicative (i) by striking ‘‘as a mental defective or eral, or by any individual or entity awarded body— who has’’ and inserting ‘‘mentally incom- discretionary funds through a cooperative ‘‘(I) that was issued after— petent or has’’; and agreement under this section, to host or sup- ‘‘(aa) a hearing— ‘‘(AA) of which the person received actual (ii) by striking ‘‘mental institution’’ and port any expenditure for conferences that inserting ‘‘psychiatric hospital’’. uses more than $20,000 in funds made avail- notice; and (b) TECHNICAL AND CONFORMING AMEND- able by the Department of Justice, unless ‘‘(BB) at which the person had an oppor- MENT.—The NICS Improvement Amendments the head of the relevant agency or depart- tunity to participate with counsel; or ‘‘(bb) the person knowingly and intel- Act of 2007 (18 U.S.C. 922 note) is amended— ment, provides prior written authorization ligently waived the opportunity for a hear- (1) by striking ‘‘as a mental defective’’ that the funds may be expended to host the ing— each place that term appears and inserting conference. ‘‘(AA) of which the person received actual ‘‘mentally incompetent’’; ‘‘(B) WRITTEN APPROVAL.—Written ap- notice; and (2) by striking ‘‘mental institution’’ each proval under subparagraph (A) shall include ‘‘(BB) at which the person would have had place that term appears and inserting ‘‘psy- a written estimate of all costs associated an opportunity to participate with counsel; chiatric hospital’’; with the conference, including the cost of all and (3) in section 101(c)— food, beverages, audio-visual equipment, ‘‘(II) that found that the person, as a result (A) in paragraph (1), in the matter pre- honoraria for speakers, and entertainment. of marked subnormal intelligence, mental ceding subparagraph (A), by striking ‘‘to the ‘‘(C) REPORT.—The Deputy Attorney Gen- impairment, mental illness, incompetency, mental health of a person’’ and inserting ‘‘to eral shall submit an annual report to the condition, or disease— whether a person is mentally incompetent’’; Committee on the Judiciary of the Senate ‘‘(aa) was a danger to himself or herself or and and the Committee on the Judiciary of the to others; (B) in paragraph (2)— House of Representatives on all conference ‘‘(bb) was guilty but mentally ill in a (i) in subparagraph (A)(i), by striking ‘‘to expenditures approved under this paragraph. criminal case, in a jurisdiction that provides the mental health of a person’’ and inserting ‘‘(4) ANNUAL CERTIFICATION.—Beginning in for such a verdict; ‘‘to whether a person is mentally incom- the first fiscal year beginning after the date ‘‘(cc) was not guilty in a criminal case by petent’’; and of enactment of this subsection, the Attor- reason of insanity or mental disease or de- (ii) in subparagraph (B), by striking ‘‘to ney General shall submit, to the Committee fect; the mental health of a person’’ and inserting on the Judiciary and the Committee on Ap- ‘‘(dd) was incompetent to stand trial in a ‘‘to whether a person is mentally incom- propriations of the Senate and the Com- criminal case; petent’’; and mittee on the Judiciary and the Committee ‘‘(ee) was not guilty by reason of lack of (4) in section 102(c)(3)— on Appropriations of the House of Represent- mental responsibility under section 850a of (A) in the paragraph heading, by striking atives, an annual certification— title 10 (article 50a of the Uniform Code of ‘‘AS A MENTAL DEFECTIVE OR COMMITTED TO A ‘‘(A) indicating whether— Military Justice); MENTAL INSTITUTION’’ and inserting ‘‘MEN- ‘‘(i) all audits issued by the Office of the ‘‘(ff) required involuntary inpatient treat- TALLY INCOMPETENT OR COMMITTED TO A PSY- Inspector General under paragraph (1) have ment by a psychiatric hospital for any rea- CHIATRIC HOSPITAL’’; and been completed and reviewed by the appro- son, including substance abuse; or (B) by striking ‘‘mental institutions’’ and priate Assistant Attorney General or Direc- ‘‘(gg) required involuntary outpatient inserting ‘‘psychiatric hospitals’’. tor; treatment by a psychiatric hospital based on SEC. 303. INCENTIVES FOR STATE COMPLIANCE ‘‘(ii) all mandatory exclusions required a finding that the person is a danger to him- WITH NICS MENTAL HEALTH under paragraph (1)(C) have been issued; and self or herself or to others; and RECORD REQUIREMENTS. ‘‘(iii) all reimbursements required under ‘‘(ii) does not include— Section 104(b) of the NICS Improvement paragraph (1)(E) have been made; and ‘‘(I) an admission to a psychiatric hospital Amendments Act of 2007 (18 U.S.C. 922 note) ‘‘(B) that includes a list of any grant re- for observation; or is amended— cipients excluded under paragraph (1) from ‘‘(II) a voluntary admission to a psy- (1) by striking paragraphs (1) and (2); the previous year. chiatric hospital. (2) by redesignating paragraph (3) as para- ‘‘(B) In this paragraph, the term ‘order or graph (2); ‘‘(n) PREVENTING DUPLICATIVE GRANTS.— finding’ does not include— (3) in paragraph (2), as redesignated, by ‘‘(1) IN GENERAL.—Before the Attorney ‘‘(i) an order or finding that has expired or striking ‘‘of paragraph (2)’’ and inserting ‘‘of General awards a grant to an applicant has been set aside or expunged; paragraph (1)’’; and under this section, the Attorney General ‘‘(ii) an order or finding that is no longer (4) by inserting before paragraph (2), as re- shall compare potential grant awards with applicable because a judicial officer, court, designated, the following: other grants awarded under this Act to de- board, commission, or other adjudicative ‘‘(1) INCENTIVES FOR PROVIDING MENTAL termine if duplicate grant awards are award- body has found that the person who is the HEALTH RECORDS AND FIXING THE BACKGROUND ed for the same purpose. subject of the order or finding— CHECK SYSTEM.— ‘‘(2) REPORT.—If the Attorney General ‘‘(I) does not present a danger to himself or ‘‘(A) DEFINITION OF COMPLIANT STATE.—In awards duplicate grants to the same appli- herself or to others; this paragraph, the term ‘compliant State’ cant for the same purpose the Attorney Gen- ‘‘(II) has been restored to sanity or cured means a State that has— eral shall submit to the Committee on the of mental disease or defect; ‘‘(i) provided not less than 90 percent of the Judiciary of the Senate and the Committee ‘‘(III) has been restored to competency; or records required to be provided under sec- on the Judiciary of the House of Representa- ‘‘(IV) no longer requires involuntary inpa- tions 102 and 103; or tives a report that includes— tient or outpatient treatment by a psy- ‘‘(ii) in effect a statute that— ‘‘(A) a list of all duplicate grants awarded, chiatric hospital; or ‘‘(I) requires the State to provide the including the total dollar amount of any du- ‘‘(iii) an order or finding with respect to records required to be provided under sec- plicate grants awarded; and which the person who is subject to the order tions 102 and 103; and ‘‘(B) the reason the Attorney General or finding has been granted relief from dis- ‘‘(II) implements a relief from disabilities awarded the duplicate grants.’’. abilities under section 925(c), under a pro- program in accordance with section 105.

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‘‘(B) INCENTIVES FOR COMPLIANCE.—During others. In such assessment, the board may described in subsection (j) (relating to vet- the period beginning on the date that is 18 consider the person’s honorable discharge or erans).’’. months after the enactment of the Mental decorations. (b) MENTAL HEALTH COURTS AND QUALIFIED Health and Safe Communities Act of 2015 and ‘‘(2) BOARD.—Not later than 180 days after DRUG TREATMENT PROGRAMS.—Section ending on the date that is 5 years after the the date of enactment of the Mental Health 1001(a) of the Omnibus Crime Control and date of enactment of such Act, the Attorney and Safe Communities Act of 2015, the Sec- Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is General— retary shall designate or establish a board amended— ‘‘(i) shall use funds appropriated to carry that shall, upon request of a person under (1) in paragraph (20), by striking ‘‘2001 out section 103 of this Act, the excess unobli- paragraph (1), assess whether the person is a through 2004’’ and inserting ‘‘2016 through gated balances of the Department of Justice danger to himself or herself or to others. 2020’’; and and funds withheld under clause (ii), or any ‘‘(d) JUDICIAL REVIEW.—A person may file a (2) in paragraph (26), by striking ‘‘2009 and combination thereof, to increase the petition with a Federal court of competent 2010’’ and inserting ‘‘2016 through 2020’’. amounts available under section 505 of title jurisdiction for judicial review of an assess- SEC. 402. OFFSET. I of the Omnibus Crime Control and Safe ment of the person under subsection (c) by (a) DEFINITION.—In this subsection, the Streets Act of 1968 (42 U.S.C. 3755) for each the board designated or established under term ‘‘covered amounts’’ means the unobli- compliant State in an amount that is not subsection (c)(2).’’. gated balances of discretionary appropria- less than 2 percent nor more than 5 percent (b) CLERICAL AMENDMENT.—The table of tions accounts, except for the discretionary of the amount that was allocated to such sections for chapter 55 of title 38, United appropriations accounts of the Department State under such section 505 in the previous States Code, is amended by adding at the end of Defense, the Department of Veterans Af- fiscal year; and the following: fairs, and the Department of Homeland Secu- ‘‘(ii) may withhold an amount not to ex- ‘‘5511. Conditions for treatment of certain rity. ceed the amount described in clause (i) that persons as adjudicated men- (b) RESCISSION.— would otherwise be allocated to a State tally incompetent for certain (1) IN GENERAL.—Effective on the first day under any section of the Omnibus Crime purposes.’’. of each of fiscal years 2016 through 2020 , there are rescinded from covered amounts, Control and Safe Streets Act of 1968 (42 SEC. 305. APPLICABILITY OF AMENDMENTS. on a pro rata basis, the amount described in U.S.C. 3711 et seq.) if the State— With respect to any record of a person pro- paragraph (2). ‘‘(I) is not a compliant State; and hibited from possessing or receiving a fire- (2) AMOUNT OF RESCISSION.—The amount ‘‘(II) does not submit an assurance to the arm under subsection (d)(4) or (g)(4) of sec- described in this subparagraph is the sum of Attorney General that— tion 922 of title 18, United States Code, be- the amounts authorized to be appropriated ‘‘(aa) an amount that is not less than the fore the date of enactment of this Act, the under paragraphs (20) and (26) of section amount described in clause (i) will be used Attorney General shall remove such a record 1001(a) of title I of the Omnibus Crime Con- solely for the purpose of enabling the State from the National Instant Criminal Back- trol and Safe Streets Act of 1968 (42 U.S.C. to become a compliant State; or ground Check System— 3793(a)). ‘‘(bb) the State will hold in abeyance an (1) upon being made aware that the person (3) REPORT.—Not later 60 days after the amount that is not less than the amount de- is no longer considered as adjudicated men- first day of each of fiscal years 2016 through scribed in clause (i) until such State has be- tally incompetent or committed to a psy- 2020, the Director of the Office of Manage- come a compliant State. chiatric hospital according to the criteria ment and Budget shall submit to Congress ‘‘(C) REGULATIONS.—Not later than 180 days under paragraph (36)(A)(i)(II) of section and the Secretary of the Treasury a report after the enactment of the Mental Health 921(a) of title 18, United States Code (as specifying the account and amount of each and Safe Communities Act of 2015, the Attor- added by this title), and is therefore no rescission under this subsection. ney General shall issue regulations imple- longer prohibited from possessing or receiv- menting this paragraph.’’. ing a firearm; f SEC. 304. PROTECTING THE SECOND AMEND- (2) upon being made aware that any order SUBMITTED RESOLUTIONS MENT RIGHTS OF VETERANS. or finding that the record is based on is an (a) IN GENERAL.—Chapter 55 of title 38, order or finding described in paragraph United States Code, is amended by adding at (36)(B) of section 921(a) of title 18, United the end the following: SENATE RESOLUTION 242—CELE- State Code (as added by this title); or BRATING 25 YEARS OF SUCCESS ‘‘§ 5511. Conditions for treatment of certain (3) upon being made aware that the person persons as adjudicated mentally incom- has been found competent to possess a fire- FROM THE OFFICE OF RESEARCH petent for certain purposes arm after an administrative or judicial re- ON WOMEN’S HEALTH AT THE ‘‘(a) PROTECTING RIGHTS OF VETERANS WITH view under subsection (c) or (d) of section NATIONAL INSTITUTES OF EXISTING RECORDS.—Not later than 90 days 5511 of title 38, United States Code (as added HEALTH after the date of enactment of the Mental by this title). Ms. MIKULSKI (for herself and Ms. Health and Safe Communities Act of 2015, SEC. 306. CLARIFICATION THAT FEDERAL COURT COLLINS) submitted the following reso- INFORMATION IS TO BE MADE the Secretary shall provide written notice in lution; which was referred to the Com- accordance with subsection (b) of the oppor- AVAILABLE TO THE NATIONAL IN- tunity for administrative review under sub- STANT CRIMINAL BACKGROUND mittee on Health, Education, Labor, CHECK SYSTEM. section (c) to all persons who, on the date of and Pensions: Section 103(e)(1) of the Brady Handgun Vio- enactment of the Mental Health and Safe S. RES. 242 lence Prevention Act (18 U.S.C. 922 note) is Communities Act of 2015, are considered to amended by adding at the end the following: Whereas, on September 10, 1990, the Office have been adjudicated mentally incompetent ‘‘(F) APPLICATION TO FEDERAL COURTS.—In of Research on Women’s Health (in this reso- or committed to a psychiatric hospital under this paragraph— lution referred to as ‘‘ORWH’’) was estab- subsection (d)(4) or (g)(4) of section 922 of ‘‘(i) the terms ‘department or agency of the lished at the National Institutes of Health title 18 as a result of having been found by United States’ and ‘Federal department or (in this resolution referred to as ‘‘NIH’’) to— the Department to be mentally incompetent. (1) ensure that women were included in agency’ include a Federal court; and ‘‘(b) NOTICE.—The Secretary shall provide NIH-funded clinical research; ‘‘(ii) for purposes of any request, submis- notice under this section to a person de- (2) set research priorities to address gaps sion, or notification, the Director of the Ad- scribed in subsection (a) that notifies the in scientific knowledge; and person of— ministrative Office of the United States (3) promote biomedical research careers for ‘‘(1) the determination made by the Sec- Courts shall perform the functions of the women; retary; head of the department or agency.’’. Whereas ORWH was established in law by ‘‘(2) a description of the implications of TITLE IV—REAUTHORIZATIONS AND the National Institutes of Health Revitaliza- being considered to have been adjudicated OFFSET tion Act of 1993 (Public Law 103–43; 107 Stat. mentally incompetent or committed to a SEC. 401. REAUTHORIZATION OF APPROPRIA- 122) and implemented the law requiring re- psychiatric hospital under subsection (d)(4) TIONS. searchers to include women in NIH-funded or (g)(4) of section 922 of title 18; and (a) ADULT AND JUVENILE COLLABORATION tests of new drugs and other clinical trials; ‘‘(3) the right of the person to request a re- PROGRAMS.—Subsection (o) of section 2991 of Whereas, today, more than 1⁄2 of the par- view under subsection (c)(1). the Omnibus Crime Control and Safe Streets ticipants in NIH-funded clinical trials are ‘‘(c) ADMINISTRATIVE REVIEW.— Act of 1968 (42 U.S.C. 3797aa), as redesignated women, enabling the development of clinical ‘‘(1) REQUEST.—Not later than 30 days after by section 203, is amended— approaches to prevention, diagnosis, or the date on which a person described in sub- (1) in paragraph (1)(C), by striking ‘‘2009 treatment appropriate for women; section (a) receives notice in accordance through 2014’’ and inserting ‘‘2016 through Whereas, in 2015, ORWH, with enthusiastic with subsection (b), such person may request 2020’’; and support from NIH leadership, announced a review by the board designed or established (2) by adding at the end the following: that, beginning in January 2016, NIH-funded under paragraph (2) or by a court of com- ‘‘(3) LIMITATION.—Not more than 20 percent scientists must account for the possible role petent jurisdiction to assess whether the per- of the funds authorized to be appropriated of sex as a biological variable in vertebrate son is a danger to himself or herself or to under this section may be used for purposes animal and human studies;

VerDate Sep 11 2014 06:29 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00075 Fmt 0637 Sfmt 0634 E:\CR\FM\A05AU6.044 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE S6402 CONGRESSIONAL RECORD — SENATE August 5, 2015 Whereas ORWH, along with NIH leader- and BRCA2 genetic risk markers has enabled (2) continue to aid and support hundreds of ship, enhances awareness of the need to ad- better-informed genetic counseling and thousands of small businesses annually; here to principles of rigor and transparency, treatment for members of families that Whereas 28 percent of all SBDC clients are including the need to publish sex-specific re- carry mutant alleles: Now, therefore, be it minorities, 44 percent of SBDC clients are sults to inform the treatment of women, Resolved, That it is the sense of the Senate women, and 9 percent of all SBDC clients are men, boys, and girls; that— veterans; Whereas, over the past 25 years, ORWH has (1) ORWH has improved and saved the lives Whereas SBDCs provide over 1,250,000 hours helped expand research on women’s health of countless women worldwide and must re- of counseling to small businesses and invest beyond its roots in reproductive health to in- main intact for this and future generations; over $140,000,000 annually in supporting small clude— (2) there remain striking sex and gender business; (1) the study of the health of women across differences in many diseases and conditions, Whereas, since 2012, SBDCs have helped the lifespans of women; and on which ORWH should continue to focus, in- small businesses create over 750,000 jobs, add (2) biomedical and behavioral research cluding— $67,500,000,000 in sales and attract over from cells to selves; (A) autoimmune diseases; $38,000,000,000 in capital; Whereas, by studying both sexes, ORWH is (B) cancer; Whereas, since the inception of SBDCs, leading the scientific community to make (C) cardiovascular diseases; SBDCs have continued to redefine and trans- discoveries headed toward treatments that (D) depression and brain disorders; form the services offered by SBDCs, includ- are more personalized for both women and (E) Alzheimer’s disease; ing training and advising, and have taken on men; (F) diabetes; new missions, in order to ensure that small Whereas, today, ORWH communicates (G) chronic diseases and disorders; businesses have relevant and significant as- through programs and policies that sex and (H) infectious diseases; sistance in all economic conditions; and gender affect health, wellness, and how dis- (I) obesity; and Whereas Congress continues to support eases progress; (J) addictive disorders; SBDCs and the role of SBDCs in assisting Whereas turning discovery into health for (3) ORWH must continue to focus on ensur- small businesses and building the economic all, the NIH motto, means studying both fe- ing that NIH funds biomedical research that success of the United States: Now, therefore, males and males across the biomedical re- considers sex as a basic biological variable, be it search continuum; across the research spectrum from basic to Resolved, That the Senate— Whereas the ORWH Specialized Centers of clinical studies; and (1) celebrates the 35th anniversary of Research on Sex Differences program sup- America’s Small Business Development Cen- ports established scientists who do basic, (4) the Director of the NIH should continue ter network; and clinical, and translational research with a to consult and involve ORWH on all matters (2) expresses appreciation for— sex and gender focus; related to the influence of sex and gender on (A) the steadfast partnership between Whereas all NIH Institutes and Centers health, especially those pertaining to the America’s Small Business Development Cen- fund and encourage scientists at universities consideration of sex as a biological variable ter network and the Small Business Admin- across the nation to conduct research on the in research with vertebrate animals and hu- istration; and health of women and on sex and gender influ- mans. (B) the work of America’s Small Business ences; f Development Center network in ensuring Whereas, over the past 25 years, ORWH has established several career-enhancement ini- SENATE RESOLUTION 243—CELE- quality assistance to small business and ac- tiatives for women in biomedicine, including BRATING THE 35TH ANNIVER- cess for all to the American dream. the Building Interdisciplinary Research Ca- SARY OF THE SMALL BUSINESS f reers in Women’s Health program that con- DEVELOPMENT CENTERS OF THE SENATE RESOLUTION 244—EX- nects junior faculty with mentors who share UNITED STATES interests in women’s health research; PRESSING THE SENSE OF THE Whereas ORWH co-directs the NIH Work- Mr. VITTER (for himself, Mrs. SHA- SENATE REGARDING THE ing Group on Women in Biomedical Careers, HEEN, Mr. ENZI, Ms. HIRONO, Mr. RISCH, ‘‘LAUDATO SI’’ ENCYCLICAL OF which develops and evaluates policies to pro- Mr. PETERS, Ms. AYOTTE, and Mr. POPE FRANCIS, AND GLOBAL mote the recruitment, retention, and sus- GARDNER) submitted the following res- CLIMATE CHANGE tained advancement of women scientists; olution; which was referred to the Mr. FRANKEN (for himself, Mr. Whereas the Women’s Health Initiative (in Committee on Small Business and En- UDALL, Mr. LEAHY, Ms. BALDWIN, Mr. this resolution referred to as ‘‘WHI’’) marked trepreneurship: the first long term study of its kind and re- MERKLEY, and Mr. SANDERS) submitted sulted in a wealth of information so that S. RES. 243 the following resolution; which was re- women and their physicians can make more Whereas America’s Small Business Devel- ferred to the Committee on Environ- informed decisions regarding post- opment Center (referred to in this preamble ment and Public Works: menopausal hormone therapy; as ‘‘SBDC’’) network will celebrate the 35th S. RES. 244 Whereas WHI reduced the incidence of anniversary of the SBDC network at a con- Whereas on June 18, 2015, Pope Francis breast cancer by 10,000 to 15,000 cases per ference to be held September 8 through 11, published an encyclical letter on the envi- year, and the overall health care savings far 2015, in San Francisco, California; ronment that— exceeded the WHI investment; Whereas the conference will be held— (1) declares, ‘‘A very solid scientific con- Whereas ORWH supported the National (1) to continue the professional develop- sensus indicates that we are presently wit- Cancer Institute’s development of a vaccine ment of employees of SBDCs; and nessing a disturbing warming of the climatic that prevents the transmission of Human (2) to commemorate the educational and system. In recent decades this warming has Papilloma Virus, resulting in a decrease in technical assistance offered by SBDCs to been accompanied by a constant rise in the the number of cases of cervical cancer; small businesses across the United States; sea level and, it would appear, by an increase Whereas, in 1994, ORWH co-sponsored with Whereas for 35 years, SBDCs have been of extreme weather events, even if a scientif- the National Institute of Allergy and Infec- among the preeminent organizations in the ically determinable cause cannot be assigned tious Diseases a landmark study, the results United States for providing business advice, to each particular phenomenon. Humanity is of which showed that giving the drug AZT to 1-on-1 counseling, and in-depth training to called to recognize the need for changes of HIV-infected women with little or no prior small businesses; lifestyle, production and consumption, in antiretroviral therapy reduced the risk of Whereas, during the 35 years before the order to combat this warming or at least the mother-to-child transmission of HIV by 2⁄3; date of approval of this resolution, the SBDC human causes which produce or aggravate it. Whereas, according to the CDC, perinatal network has grown from 9 fledgling centers It is true that there are other factors (such HIV infections in the United States have to a nationwide network of 63 State and re- as volcanic activity, variations in the earth’s dropped by more than 90 percent; gional centers with more than 4,200 business orbit and axis, the solar cycle), yet a number Whereas ORWH co-funded a large clinical advisors providing free counseling at nearly of scientific studies indicate that most glob- study of the genetic and environmental risk 1,000 individual locations; al warming in recent decades is due to the factors for ischemic stroke, which identified Whereas the SBDC network has worked for great concentration of greenhouse gases a strong relationship between the number of 35 years with the Small Business Adminis- (carbon dioxide, methane, nitrogen oxides cigarettes smoked per day and the prob- tration, institutions of higher education, and others) released mainly as a result of ability of ischemic stroke in young women, State governments, Congress, and others, to human activity.’’; prompting the targeting of smoking as a pre- significantly enhance the economic health (2) states, ‘‘If present trends continue, this ventable and modifiable risk factor for cere- and strength of small businesses in the century may well witness extraordinary cli- brovascular disease in young women; and United States; mate change and an unprecedented destruc- Whereas, over the past 25 years, ORWH has Whereas SBDCs— tion of ecosystems, with serious con- contributed support toward major advances (1) have assisted more than 22,500,000 small sequences for all of us. A rise in the sea in knowledge about the genetic risk for businesses during the 35 years before the level, for example, can create extremely seri- breast cancer, and discovery of the BRCA1 date of approval of this resolution; and ous situations, if we consider that a quarter

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of the world’s population lives on the coast S. RES. 245 needs of other individuals with disabilities; or nearby, and that the majority of our Whereas direct support professionals, di- and megacities are situated in coastal areas.’’; rect care workers, personal assistants, per- Whereas, in 2015, the majority of direct (3) affirms, ‘‘There is an urgent need to de- sonal attendants, in-home support workers, support professionals are employed in home- velop policies so that, in the next few years, and paraprofessionals (in this resolution col- based and community-based settings, and the emission of carbon dioxide and other lectively referred to as ‘‘direct support pro- this trend is projected to increase over the highly polluting gases can be drastically re- fessionals’’) are the primary providers of next decade: Now, therefore, be it duced, for example, substituting for fossil publicly funded long-term support and serv- Resolved, That the Senate— (1) designates the week beginning Sep- fuels and developing sources of renewable en- ices for millions of individuals with disabil- tember 13, 2015, as ‘‘National Direct Support ergy. Worldwide there is minimal access to ities; Professionals Recognition Week’’; clean and renewable energy. There is still a Whereas a direct support professional must (2) recognizes the dedication and vital role need to develop adequate storage tech- build a close, respectful, and trusting rela- of direct support professionals in enhancing nologies.’’; tionship with an individual with disabilities; the lives of individuals with disabilities of (4) emphasizes, ‘‘The deterioration of the Whereas a direct support professional as- all ages; environment and of society affects the most sists individuals with disabilities with inti- (3) appreciates the contribution of direct vulnerable people on the planet: ‘Both every- mate personal care assistance on a daily support professionals in supporting individ- day experience and scientific research show basis; uals with disabilities and their families in that the gravest effects of all attacks on the Whereas direct support professionals pro- the United States; environment are suffered by the poorest’.’’; vide a broad range of individualized support, (4) commends direct support professionals and including— as integral to the long-term support of and (5) proclaims, ‘‘Climate change is a global (1) preparation of meals; services for individuals with disabilities; and problem with grave implications: environ- (2) helping with medications; (5) finds that the successful implementa- mental, social, economic, political and for (3) assisting with bathing, dressing, and tion of the public policies affecting individ- the distribution of goods. It represents one of other aspects of daily living; uals with disabilities in the United States the principal challenges facing humanity in (4) assisting individuals with physical dis- depends on the dedication of direct support our day.’’; abilities in accessing their environment; professionals. Whereas leading scientific organizations in (5) providing transportation to school, the United States have affirmed that human work, religious activities, and recreational Mr. CARDIN. Mr. President, I rise activity is the primary cause of climate activities; and today to submit, with my colleague change, including the American Association (6) helping with general daily affairs, such Senator COLLINS, a resolution desig- for the Advancement of Science, the Na- as assisting with financial matters, medical nating the week beginning September tional Academy of Sciences, the American appointments, and personal interests; 13, 2015, as ‘‘National Direct Support Meteorological Society, the American Chem- Whereas direct support professionals pro- Professionals Recognition Week.’’ The ical Society, the American Geophysical vide essential support to help keep individ- Union, the American Institute of Biological Senate has passed a similar resolution uals with disabilities connected to the fami- each year for the past seven years, and Sciences, and many others; lies, friends, and communities of the individ- Whereas the U.S. Global Change Research uals; National Direct Support Professionals Program’s 2014 National Climate Assessment Whereas direct support professionals sup- Recognition Week holds special signifi- documents that, over the past several dec- port individuals with disabilities in making cance this year as we celebrate the 25th ades, as a result of climate change, the choices that lead to meaningful, productive anniversary of the Americans with Dis- United States has experienced more frequent lives; abilities Act, ADA. and intense heat waves, record droughts, in- Whereas direct support professionals are Direct support professionals play an creased flooding in certain regions, increased integral to helping individuals with disabil- incredibly important role in providing hurricane intensity, frequency, and duration, ities live successfully in the communities of essential community supports to mil- increased frequency and intensity of winter the individuals, avoiding more costly insti- storms, rising sea levels, and other eco- lions of Americans with disabilities. tutional care; These dedicated workers assist individ- logically problematic trends; and Whereas the participation of direct support Whereas if present climate trends persist, professionals in medical care planning is uals with disabilities with daily life ac- the effects of a warming planet will become critical to the successful transition from tivities such as dressing, eating, and more catastrophic, as the 2014 National Cli- medical events to post-acute care and long- bathing, and they help ensure that peo- mate Assessment states, ‘‘Children, the el- term support and services; ple with disabilities can be active par- derly, the sick, and the poor are especially Whereas many direct support professionals ticipants in their communities. vulnerable. There is mounting evidence that are the primary financial providers for the Let me share with you the story of harm to the nation will increase substan- families of the direct support professionals; Ed Wainwright, Jr., a direct support tially in the future unless global emissions Whereas direct support professionals are a professional who was recognized this of heat-trapping gases are greatly reduced.’’: critical element in supporting individuals— year for his incredible work and dedi- Now, therefore, be it (1) who receive health care services for se- Resolved, That the Senate stands with Pope cation when he was given Maryland’s vere chronic health conditions; and Direct Support Professional, DSP, of Francis and the scientific consensus that— (2) with functional limitations; (1) human activity is the primary driver of Whereas direct support professionals are the Year Award by the American Net- climate change; hardworking, taxpaying citizens who provide work of Community Options and Re- (2) present climate trends are unsustain- an important service to individuals with dis- sources, ANCOR. Ed works for New Ho- able; and abilities, yet many direct support profes- rizons Supported Services in Upper (3) immediate action must be taken to sig- sionals continue to earn low wages, receive Marlboro, MD, and has been a direct nificantly reduce greenhouse gas emissions inadequate benefits, and have limited oppor- support professional for over 6 years. in order to limit the deleterious effects of tunities for advancement, resulting in high He and his staff provide essential sup- human-induced climate change. turnover and vacancy rates, adversely affect- port to 33 individuals with disabilities. ing the quality of support for, and the safety f Ed’s primary job is to teach and rein- and health of, individuals with disabilities; force practical life skills for individ- Whereas there is a documented critical and SENATE RESOLUTION 245—DESIG- increasing shortage of direct support profes- uals with intellectual and develop- NATING THE WEEK BEGINNING sionals throughout the United States; mental disabilities by integrating stra- SEPTEMBER 13, 2015, AS ‘‘NA- Whereas the Supreme Court of the United tegic goal setting with daily living, TIONAL DIRECT SUPPORT PRO- States, in Olmstead v. L.C., 527 U.S. 581 with the goal of achieving self-suffi- FESSIONALS RECOGNITION (1999), recognized the importance of commu- ciency. WEEK’’ nity-based services for individuals with dis- Ed is committed to helping individ- abilities in holding that, under the Ameri- uals with disabilities realize their full Mr. CARDIN (for himself, Ms. COL- cans with Disabilities Act of 1990 (42 U.S.C. potential. For example, Ed once LINS, Mr. BROWN, Mr. PORTMAN, Mr. 12101 et seq.), States must provide commu- worked with a man who had suffered a KING, Mr. MENENDEZ, Mr. GRASSLEY, nity-based treatment to individuals with dis- traumatic brain injury in a car acci- Mr. MURPHY, Ms. KLOBUCHAR, Mr. abilities when— dent as a youth. After the accident, he (1) the services are appropriate; BOOKER, Mr. MARKEY, Mr. (2) the affected individuals do not oppose could not walk, and the prognosis for BLUMENTHAL, Ms. AYOTTE, and Mrs. community-based treatment; and regaining his mobility was poor. After MURRAY) submitted the following reso- (3) community-based treatment can be rea- work, Ed would often take this young lution; which was referred to the Com- sonably accommodated, taking into account man to the gym with him to help re- mittee on the Judiciary: the resources available to the State and the build his strength, on Ed’s own time

VerDate Sep 11 2014 06:29 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00077 Fmt 0637 Sfmt 0634 E:\CR\FM\A05AU6.043 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE S6404 CONGRESSIONAL RECORD — SENATE August 5, 2015 and using his personal gym member- survivors, and disability benefits for workers Resolved, That it is the sense of the Senate ship. Recognizing this young man’s and their families, and now Social Security that— creative abilities, Ed also took it upon provides economic security to the Nation, (1) Social Security provides earned benefits himself to research and apply for a and touches the life of nearly every Amer- that are crucial to the economic security of ican; our Nation and must be preserved to ensure grant to help pay for his college ex- Whereas Social Security is one program future generations of Americans are pro- penses. Thanks in large part to Ed’s that offers two essential earned benefits that tected; commitment and dedication, that are fundamentally linked: benefits for work- (2) with the strong support of the Federal young man is a now graphic designer ers with disabilities and benefits for retired Government, Social Security must continue and, as he continues to work on his re- workers; to deliver guaranteed retirement and life in- habilitation, taking steps again is a Whereas in 2014, more than 48,000,000 retire- surance benefits for workers and their fami- real possibility. ment and survivors beneficiaries and about lies, as well as serve as an indispensable safe- As Ed’s story demonstrates, the job 11,000,000 disability beneficiaries, including ty net for the most vulnerable segments of of a direct support professional is not eligible family members, received Social Se- American society, including children, per- sons with disabilities, the elderly, and the easy. The hours are often long, and the curity benefits; Whereas Social Security benefits are mod- poor; and wages are low. The job can be phys- est but fundamental to the economic secu- (3) while the Trust Funds that support So- ically laborious, as well as emotionally rity of our Nation, with the average dis- cial Security are projected to pay all bene- draining. The reward for direct support ability benefit less than $1,200 per month, or fits through 2034, Congress should act to en- professionals, however, is that they are less than $14,000 per year—falling just above sure this vital program can support workers able to improve the lives of individuals the poverty line—and the average retirement and families far into the future, but should with disabilities and help fulfill the benefit of close to $1,300 per month, or less reject proposals that weaken or privatize So- promise of the ADA by making it pos- than $16,000 per year; cial Security and should consider proposals Whereas older Americans rely heavily on to strengthen Social Security benefits. sible for these Americans to partici- Mr. WYDEN. Mr. President, I wish to pate in their communities to the full- Social Security, with 9 out of 10 individuals age 65 and older receiving Social Security take a few minutes in my capacity as est extent possible. benefits, and among elderly Social Security ranking Democrat on the Committee Today, we have the opportunity to beneficiaries, 52 percent of married couples on Finance to talk about the upcoming recognize the millions of direct support and 74 percent of unmarried persons receive 80th anniversary of a great moment in professionals who provide essential more than half of their income from Social our country’s history—the creation of services to individuals with disabil- Security; the Social Security Program on August ities, to thank them for their commit- Whereas the Social Security Administra- tion will issue almost $900,000,000,000 in 14, 1935. ment and dedication, and to express I am very pleased to be joined by all our appreciation for the critically im- earned benefits this year, while more than 1,200 Social Security field offices nationwide of my colleagues on this side of the portant work they do every day provide essential, accurate, and face-to-face aisle in the introduction of a resolution throughout our country. services to millions of Americans each day; demonstrating how much we appre- I urge my colleagues to join me and Whereas workers who are supported by dis- ciate this historic anniversary. Thanks Senator COLLINS in expressing our ap- ability benefits today will receive retirement in large part to Social Security, old preciation for our country’s direct sup- benefits at full retirement age because So- age in America is no longer synony- port professionals and supporting the cial Security Disability Insurance ensures mous with hardship. American workers resolution designating the week begin- that workers who are no longer able to work have the great comfort of knowing that and their families are protected from the ning September 13, 2015, as ‘‘National if the worst happens, Social Security Direct Support Professionals Recogni- loss of future retirement benefits; Whereas Social Security’s Disability Insur- will be there for them and their fami- tion Week.’’ ance protections are especially important to lies. f older workers, with 70 percent of Social Se- I remember how essential Social Se- SENATE RESOLUTION 246—COM- curity Disability Insurance beneficiaries are curity was to many of the older people older than 50 and 30 percent are older than MEMORATING 80 YEARS SINCE I worked with when I was director of 60; the Oregon Gray Panthers. However, THE CREATION OF SOCIAL SECU- Whereas Social Security has evolved with eight short decades ago, seniors often RITY changes in the American workforce, with the lived in poverty and hard-working Mr. WYDEN (for himself, Mr. REID, number of working women who are fully in- Americans had no guarantee of eco- Mr. SCHUMER, Ms. STABENOW, Ms. sured for Social Security benefits more than doubling between 1970 and today; nomic security. Our country was in the CANTWELL, Mr. NELSON, Mr. MENENDEZ, Whereas Social Security provides funda- throes of the Great Depression. Unem- Mr. CARPER, Mr. CARDIN, Mr. BROWN, mental protection to workers of every age, ployment topped 20 percent. You had Mr. BENNET, Mr. CASEY, Mr. WARNER, including young workers, who have a one-in- bread lines for blocks, and the home- Ms. BALDWIN, Mr. BLUMENTHAL, Mr. three chance of dying or needing Social Se- less population was growing. There was BOOKER, Mrs. BOXER, Mr. COONS, Mr. curity disability benefits before reaching re- no social safety net, no lifeline that of- DONNELLY, Mr. DURBIN, Mrs. FEINSTEIN, tirement age; fered some measure of dignity. If a per- Mr. FRANKEN, Mrs. GILLIBRAND, Mr. Whereas Social Security is America’s son lost their job, became disabled, suf- HEINRICH, Ms. HEITKAMP, Ms. HIRONO, ‘‘family insurance plan,’’ providing more than 9 out of 10 American workers and their fered the loss of a family member, they Mr. KAINE, Mr. KING, Ms. KLOBUCHAR, families basic but critical protection in the were on their own. There was nowhere Mr. LEAHY, Mr. MANCHIN, Mr. MARKEY, event they can no longer work to support to turn. Life was difficult for many Mrs. MCCASKILL, Mr. MERKLEY, Ms. MI- themselves and their families due to a severe Americans but none more so than the KULSKI, Mr. MURPHY, Mrs. MURRAY, Mr. medical condition; poor, the elderly, or the disabled. Trag- PETERS, Mr. REED, Mr. SANDERS, Mr. Whereas, Social Security provides a life- ically, many aging and disabled Ameri- SCHATZ, Mrs. SHAHEEN, Mr. TESTER, line for almost 7,000,000 children nationwide cans without family to care for them Mr. UDALL, Ms. WARREN, and Mr. who receive benefits directly because a par- ended up destitute or on the street. WHITEHOUSE) submitted the following ent has died, become disabled, or retired, or America is now a different place, resolution; which was referred to the indirectly because they live with a relative who is eligible to collect benefits; thanks in no small part to the protec- Committee on Finance: Whereas Social Security is efficient – ad- tion of Social Security. It is one of the S. RES. 246 ministrative expenses are less than one per- strongest threads in America’s safety Whereas on August 14, 1935, President cent of benefits paid – and benefit payments net, protecting the well-being of mil- Franklin D. Roosevelt signed the Social Se- are 99 percent accurate; and lions and keeping millions more out of curity Act into law, thereby establishing a Whereas Social Security has dramatically poverty. This year nearly 60 million vital – and ultimately universal - insurance reduced poverty, with research indicating American workers and eligible family program for workers and families under that the entire reduction in elderly poverty members will receive nearly $900 bil- which workers earn coverage by working and between 1967 and 2000 was due to Social Secu- paying Social Security taxes on their earn- rity, that without Social Security 40 percent lion in retirement, survivors, and dis- ings; of the population older than 65 would be ability benefits. Whereas Congress further strengthened So- poor, and that Social Security benefits lifted Among older Social Security bene- cial Security over the years by enacting im- an estimated 2,000,000 children out of poverty ficiaries, more than half of married provements to, and expansion of, retirement, in 2013: Now, therefore, be it couples and nearly three-quarters of

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Well over 100 million work- lives of citizens of the United States. proving access to, and the quality of, health ers and their families can go about f care services for detecting and treating pros- their days with the confidence that tate cancer; and they are financially protected in the SENATE RESOLUTION 248—DESIG- (3) calls on the people of the United States, event of a medical catastrophe because NATING SEPTEMBER 2015 AS interest groups, and affected persons— of Social Security. ‘‘NATIONAL PROSTATE CANCER (A) to promote awareness of prostate can- The program also provides indispen- AWARENESS MONTH’’ cer; (B) to take an active role in the fight to sable benefits to nearly 7 million chil- Mr. SESSIONS (for himself, Mr. dren. Without those benefits, many of end the devastating effects of prostate can- SHELBY, Mr. MENENDEZ, Mr. VITTER, cer on individuals, families, and the econ- the youngsters would face dire cir- Mrs. FEINSTEIN, Mr. MORAN, Mrs. omy; and cumstances after the death or dis- BOXER, Ms. AYOTTE, Mr. CARDIN, Mr. (C) to observe National Prostate Cancer ability of a parent. None of this could KING, Mr. BLUNT, Mr. BOOKER, and Mr. Awareness Month with appropriate cere- have happened without the continuing monies and activities. BOOZMAN) submitted the following res- support of the Congress. f Time and time again, Members have olution; which was considered and come together on a bipartisan basis to agreed to: AMENDMENTS SUBMITTED AND ensure this vital program remains S. RES. 248 PROPOSED strong. The 1939 amendments to Social Whereas over 2,900,000 families in the SA 2616. Mr. BROWN submitted an amend- Security expanded retirement benefits. United States live with prostate cancer; ment intended to be proposed by him to the In 1954, the Congress passed amend- Whereas 1 in 7 males in the United States bill S. 754, to improve cybersecurity in the ments that provided protection for will be diagnosed with prostate cancer in United States through enhanced sharing of their lifetimes; information about cybersecurity threats, workers who became disabled. The So- Whereas prostate cancer is the most com- cial Security amendments of 1980 and and for other purposes; which was ordered to monly diagnosed non-skin cancer and the lie on the table. 1983 also made important changes that second leading cause of cancer-related SA 2617. Mr. GARDNER submitted an helped ensure the program’s long-term deaths among males in the United States; amendment intended to be proposed by him viability. Whereas in 2015, the National Cancer Insti- to the bill S. 754, supra; which was ordered to Social Security is one of America’s tute estimates that 220,800 men will be diag- lie on the table. great economic successes. The program nosed with, and more than 27,000 men will SA 2618. Mr. MENENDEZ submitted an is robust. In my view, there is big bi- die of, prostate cancer; amendment intended to be proposed by him partisan interest in keeping it that Whereas 40 percent of newly diagnosed to the bill S. 754, supra; which was ordered to prostate cancer cases occur in males under lie on the table. way. I look forward to working with the age of 65; my colleagues and the ranking Demo- SA 2619. Mr. MCCAIN (for himself and Mr. Whereas the odds of developing prostate FLAKE) submitted an amendment intended to crat on the Finance Committee so that cancer rise rapidly after age 50; be proposed by him to the bill S. 754, supra; on both sides of the aisle we work to- Whereas African-American males suffer which was ordered to lie on the table. gether to ensure that Social Security from a prostate cancer incidence rate that is SA 2620. Mr. WHITEHOUSE (for himself continues to thrive for generations to significantly higher than White males and and Mr. BLUNT) submitted an amendment in- come. have double the prostate cancer mortality tended to be proposed by him to the bill S. rate of White males; 754, supra; which was ordered to lie on the f Whereas obesity is a significant predictor table. SENATE RESOLUTION 247—COM- of the severity of prostate cancer; SA 2621. Mr. WYDEN (for himself, Mr. MEMORATING AND HONORING Whereas the probability that obesity will UDALL, Mr. BROWN, Mr. FRANKEN, Mr. MAR- THE ACTIONS OF PRESIDENT lead to death and high cholesterol levels is KEY, Mr. BLUMENTHAL, and Ms. BALDWIN) HARRY S. TRUMAN AND THE strongly associated with advanced prostate submitted an amendment intended to be pro- cancer; CREWS OF THE ENOLA GAY AND posed by him to the bill S. 754, supra; which Whereas having a father or brother with was ordered to lie on the table . BOCKSCAR IN USING THE ATOM- prostate cancer more than doubles the risk SA 2622. Mr. WYDEN (for himself, Mr. IC BOMB TO BRING WORLD WAR of a man developing prostate cancer, with a UDALL, Mr. BROWN, Mr. FRANKEN, Mr. MAR- II TO AN END particularly high risk for men who have a KEY, Mr. BLUMENTHAL, and Ms. BALDWIN) Mr. ISAKSON submitted the fol- brother with the disease; submitted an amendment intended to be pro- lowing resolution; which was referred Whereas screening by a digital rectal ex- posed by him to the bill S. 754, supra; which amination and a prostate-specific antigen to the Committee on Foreign Rela- was ordered to lie on the table . blood test can detect the disease at the ear- SA 2623. Ms. COLLINS (for herself, Ms. tions: lier, more treatable stages, which could in- HIRONO, Mr. WARNER, and Mr. COATS) sub- S. RES. 247 crease the chances of survival for more than mitted an amendment intended to be pro- Whereas, during World War II, in 1945, war 5 years to nearly 100 percent; posed by her to the bill S. 754, supra; which in the Pacific Theater between the United Whereas only 38 percent of males survive was ordered to lie on the table. States and Japan had entered its fourth more than 5 years if diagnosed with prostate SA 2624. Mr. MENENDEZ submitted an year; cancer after the cancer has metastasized; amendment intended to be proposed by him Whereas Allied military commanders were Whereas there are no noticeable symptoms to the bill S. 754, supra; which was ordered to preparing to invade Japan; of prostate cancer while prostate cancer is in lie on the table. Whereas President Harry S. Truman made the early stages, making appropriate screen- SA 2625. Mr. JOHNSON (for himself, Mr. the tactical decision to use the newly devel- ing critical; CARPER, Ms. AYOTTE, Mrs. MCCASKILL, Ms. oped atomic bomb against Japan instead of Whereas ongoing research promises further COLLINS, and Mr. WARNER) submitted an invading Japan; improvements in prostate cancer prevention, amendment intended to be proposed by him Whereas, on August 6, 1945, the crew of the early detection, and treatment; and to the bill S. 754, supra; which was ordered to Enola Gay, under the command of Colonel Whereas educating people in the United lie on the table. Paul W. Tibbets, Jr., dropped an atomic States, including health care providers, SA 2626. Mr. WHITEHOUSE submitted an bomb on Hiroshima, Japan; and about prostate cancer and early detection amendment intended to be proposed by him Whereas, on August 9, 1945, the crew of the strategies is crucial to saving the lives of to the bill S. 754, supra; which was ordered to Bockscar, under the command of Major males and preserving and protecting fami- lie on the table. Charles W. Sweeney, dropped an atomic lies: Now, therefore, be it SA 2627. Mr. CARPER (for himself, Mr. bomb on Nagasaki, Japan: Now, therefore, be Resolved, That the Senate— JOHNSON, Ms. AYOTTE, Mrs. MCCASKILL, Ms. it (1) designates September 2015 as ‘‘National COLLINS, and Mr. WARNER) submitted an Resolved, That the Senate— Prostate Cancer Awareness Month’’; amendment intended to be proposed by him (1) commemorates and honors the coura- (2) declares that steps should be taken— to the bill S. 754, supra; which was ordered to geous decision of President Harry S. Truman (A) to raise awareness about the impor- lie on the table. to use atomic bombs against Japan to bring tance of screening methods for, and treat- SA 2628. Mr. WYDEN submitted an amend- an end to World War II; and ment of, prostate cancer; ment intended to be proposed by him to the

VerDate Sep 11 2014 06:29 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00079 Fmt 0637 Sfmt 0634 E:\CR\FM\G05AU6.097 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE S6406 CONGRESSIONAL RECORD — SENATE August 5, 2015 bill S. 754, supra; which was ordered to lie on On page 16, line 11, strike ‘‘knows’’ and in- (11) Those statutes apply to the govern- the table. sert ‘‘reasonably believes’’. ment, telephones, cable television, e-mail, SA 2629. Mr. GARDNER submitted an On page 16, line 17, insert ‘‘identify and’’ video tape rentals, and the Internet (but amendment intended to be proposed by him before ‘‘remove’’. only with respect to children and law en- to the bill S. 754, supra; which was ordered to On page 16, line 19, strike ‘‘knows’’ and in- forcement requests). lie on the table. sert ‘‘reasonably believes’’. (12) As in those instances, the Federal Gov- SA 2630. Mr. GARDNER submitted an ernment has a substantial interest in cre- amendment intended to be proposed by him SA 2618. Mr. MENENDEZ submitted ating a level playing field of protection to the bill S. 754, supra; which was ordered to an amendment intended to be proposed across all collectors of personally identifi- lie on the table. by him to the bill S. 754, to improve cy- able information, both in the United States SA 2631. Mr. GARDNER (for himself and bersecurity in the United States and abroad. Mr. CARDIN) submitted an amendment in- through enhanced sharing of informa- (13) Enhancing individual privacy protec- tended to be proposed by him to the bill S. tion about cybersecurity threats, and tion in a balanced way that establishes clear, consistent rules, both domestically and 754, supra; which was ordered to lie on the for other purposes; which was ordered table. internationally, will stimulate commerce by SA 2632. Mr. TESTER (for himself and Mr. to lie on the table; as follows: instilling greater consumer confidence at FRANKEN) submitted an amendment intended At the end, add the following: home and greater confidence abroad as more to be proposed by him to the bill S. 754, TITLE II—COMMERCIAL PRIVACY and more entities digitize personally identi- supra; which was ordered to lie on the table. SEC. 201. SHORT TITLE. fiable information, whether collected, SA 2633. Ms. AYOTTE (for Mr. GRAHAM) This title may be cited as the ‘‘Commer- stored, or used online or offline. submitted an amendment intended to be pro- cial Privacy Bill of Rights Act of 2015’’. SEC. 203. DEFINITIONS. (a) IN GENERAL.—Subject to subsection (b), posed by Ms. Ayotte to the bill S. 754, supra; SEC. 202. FINDINGS. in this title: which was ordered to lie on the table. Congress finds the following: (1) COMMISSION.—The term ‘‘Commission’’ SA 2634. Ms. AYOTTE (for Mr. GRAHAM) (1) Personal privacy is worthy of protec- means the Federal Trade Commission. submitted an amendment intended to be pro- tion through appropriate legislation. (2) COVERED ENTITY.—The term ‘‘covered posed by Ms. Ayotte to the bill S. 754, supra; (2) Trust in the treatment of personally entity’’ means any person to whom this title which was ordered to lie on the table. identifiable information collected on and off applies under section 241. SA 2635. Mr. BROWN submitted an amend- the Internet is essential for businesses to (3) COVERED INFORMATION.— ment intended to be proposed by him to the succeed. bill S. 754, supra; which was ordered to lie on (A) IN GENERAL.—Except as provided in (3) Persons interacting with others en- subparagraph (B), the term ‘‘covered infor- the table. gaged in interstate commerce have a signifi- SA 2636. Mr. BROWN submitted an amend- mation’’ means only the following: cant interest in their personal information, (i) Personally identifiable information. ment intended to be proposed by him to the as well as a right to control how that infor- bill S. 754, supra; which was ordered to lie on (ii) Unique identifier information. mation is collected, used, stored, or trans- (iii) Any information that is collected, the table. ferred. SA 2637. Mr. BROWN submitted an amend- used, or stored in connection with personally (4) Persons engaged in interstate com- identifiable information or unique identifier ment intended to be proposed by him to the merce and collecting personally identifiable bill S. 754, supra; which was ordered to lie on information in a manner that may reason- information on individuals have a responsi- ably be used by the party collecting the in- the table. bility to treat that information with respect SA 2638. Mr. BROWN submitted an amend- formation to identify a specific individual. and in accordance with common standards. (B) EXCEPTION.—The term ‘‘covered infor- ment intended to be proposed by him to the (5) On the day before the date of the enact- mation’’ does not include the following: bill S. 754, supra; which was ordered to lie on ment of this Act, the laws of the Federal (i) Personally identifiable information ob- the table. Government and State and local govern- tained from public records that is not SA 2639. Mr. WHITEHOUSE proposed an ments provided inadequate privacy protec- merged with covered information gathered amendment to the bill S. 1523 , to amend the tion for individuals engaging in and inter- elsewhere. Federal Water Pollution Control Act to reau- acting with persons engaged in interstate (ii) Personally identifiable information thorize the National Estuary Program, and commerce. that is obtained from a forum— for other purposes. (6) As of the day before the date of the en- (I) where the individual voluntarily shared f actment of this Act, with the exception of the information or authorized the informa- Federal Trade Commission enforcement of tion to be shared; and TEXT OF AMENDMENTS laws against unfair and deceptive practices, (II) that— SA 2616. Mr. BROWN submitted an the Federal Government has eschewed gen- (aa) is widely and publicly available and eral commercial privacy laws in favor of in- amendment intended to be proposed by was not made publicly available in bad faith; dustry self-regulation, which has led to sev- and him to the bill S. 754, to improve cyber- eral self-policing schemes, some of which are (bb) contains no restrictions on who can security in the United States through enforceable, and some of which provide in- access and view such information. enhanced sharing of information about sufficient privacy protection to individuals. (iii) Personally identifiable information re- cybersecurity threats, and for other (7) As of the day before the date of the en- ported in public media. purposes; which was ordered to lie on actment of this Act, many collectors of per- (iv) Personally identifiable information the table; as follows: sonally identifiable information have yet to dedicated to contacting an individual at the provide baseline fair information practice individual’s place of work. At the end, add the following: protections for individuals. (4) ESTABLISHED BUSINESS RELATIONSHIP.— SEC. 11. EFFECTIVE PERIOD. (8) The ease of gathering and compiling The term ‘‘established business relationship’’ (a) IN GENERAL.—Except as provided in personal information on the Internet and off, means, with respect to a covered entity and subsection (b), this Act and the amendments both overtly and surreptitiously, is becom- a person, a relationship formed with or with- made by this Act shall cease to have effect 4 ing increasingly efficient and effortless due out the exchange of consideration, involving years after the date of the enactment of this to advances in technology which have pro- the establishment of an account by the per- Act. vided information gatherers the ability to son with the covered entity for the receipt of (b) EXCEPTION.—With respect to any action compile seamlessly highly detailed personal products or services offered by the covered authorized by this Act or information ob- histories of individuals. entity. tained pursuant to an action authorized by (9) Personal information requires greater (5) PERSONALLY IDENTIFIABLE INFORMA- this Act, which occurred before the date on privacy protection than is available on the TION.—The term ‘‘personally identifiable in- which the provisions referred to in sub- day before the date of the enactment of this formation’’ means only the following: section (a) cease to have effect, the provi- Act. Vast amounts of personal information, (A) Any of the following information about sions of this Act shall continue in effect. including sensitive information, about indi- an individual: viduals are collected on and off the Internet, (i) The first name (or initial) and last name SA 2617. Mr. GARDNER submitted an often combined and sold or otherwise trans- of an individual, whether given at birth or amendment intended to be proposed by ferred to third parties, for purposes unknown time of adoption, or resulting from a lawful him to the bill S. 754, to improve cyber- to an individual to whom the personally change of name. security in the United States through identifiable information pertains. (ii) The postal address of a physical place enhanced sharing of information about (10) Toward the close of the 20th Century, of residence of such individual. cybersecurity threats, and for other as individuals’ personal information was in- (iii) An e-mail address. creasingly collected, profiled, and shared for (iv) A telephone number or mobile device purposes; which was ordered to lie on commercial purposes, and as technology ad- number. the table; as follows: vanced to facilitate these practices, Congress (v) A social security number or other gov- On page 16, line 9, insert ‘‘make reasonable enacted numerous statutes to protect pri- ernment issued identification number issued efforts to’’ before ‘‘review’’. vacy. to such individual.

VerDate Sep 11 2014 06:29 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00080 Fmt 0637 Sfmt 0634 E:\CR\FM\A05AU6.048 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE August 5, 2015 CONGRESSIONAL RECORD — SENATE S6407 (vi) The account number of a credit card (i) To process and enforce a transaction or Subtitle A—Right to Security and issued to such individual. deliver a service requested by that indi- Accountability (vii) Unique identifier information that vidual. SEC. 211. SECURITY. alone can be used to identify a specific indi- (ii) To operate the covered entity that is (a) RULEMAKING REQUIRED.—Not later than vidual. providing a transaction or delivering a serv- 180 days after the date of the enactment of (viii) Biometric data about such indi- ice requested by that individual, such as in- this Act, the Commission shall initiate a vidual, including fingerprints and retina ventory management, financial reporting rulemaking proceeding to require each cov- scans. and accounting, planning, and product or ered entity to carry out security measures to (B) If used, transferred, or stored in con- service improvement or forecasting. protect the covered information it collects nection with 1 or more of the items of infor- (iii) To prevent or detect fraud or to pro- and maintains. mation described in subparagraph (A), any of vide for a physically or virtually secure envi- (b) PROPORTION.—The requirements pre- the following: ronment. scribed under subsection (a) shall provide for (i) A date of birth. (iv) To investigate a possible crime. security measures that are proportional to (ii) The number of a certificate of birth or (v) That is required by a provision of law the size, type, nature, and sensitivity of the adoption. or legal process. covered information a covered entity col- (iii) A place of birth. (vi) To market or advertise to an indi- lects. (iv) Unique identifier information that vidual from a covered entity within the con- (c) CONSISTENCY.—The requirements pre- scribed under subsection (a) shall be con- alone cannot be used to identify a specific text of a covered entity’s own Internet sistent with guidance provided by the Com- individual. website, services, or products if the covered mission and recognized industry practices (v) Precise geographic location, at the information used for such marketing or ad- for safety and security on the day before the same degree of specificity as a global posi- vertising was— date of the enactment of this Act. tioning system or equivalent system, and (I) collected directly by the covered entity; not including any general geographic infor- (d) TECHNOLOGICAL MEANS.—In a rule pre- or scribed under subsection (a), the Commission mation that may be derived from an Internet (II) shared with the covered entity— Protocol address. may not require a specific technological (aa) at the affirmative request of the indi- means of meeting a requirement. (vi) Information about an individual’s vidual; or quantity, technical configuration, type, des- SEC. 212. ACCOUNTABILITY. (bb) by an entity with which the individual Each covered entity shall, in a manner pro- tination, location, and amount of uses of has an established business relationship. voice services, regardless of technology used. portional to the size, type, and nature of the (vii) Use that is necessary for the improve- (vii) Any other information concerning an covered information it collects— ment of transaction or service delivery individual that may reasonably be used by (1) have managerial accountability, pro- through research, testing, analysis, and de- the party using, collecting, or storing that portional to the size and structure of the velopment. information to identify that individual. covered entity, for the adoption and imple- (viii) Use that is necessary for internal op- (6) SENSITIVE PERSONALLY IDENTIFIABLE IN- mentation of policies consistent with this erations, including the following: FORMATION.—The term ‘‘sensitive personally title; identifiable information’’ means— (I) Collecting customer satisfaction sur- (2) have a process to respond to non-frivo- (A) personally identifiable information veys and conducting customer research to lous inquiries from individuals regarding the which, if lost, compromised, or disclosed improve customer service information. collection, use, transfer, or storage of cov- without authorization either alone or with (II) Information collected by an Internet ered information relating to such individ- other information, carries a significant risk website about the visits to such website and uals; and of economic or physical harm; or the click-through rates at such website— (3) describe the means of compliance of the (B) information related to— (aa) to improve website navigation and covered entity with the requirements of this (i) a particular medical condition or a performance; or Act upon request from— health record; or (bb) to understand and improve the inter- (A) the Commission; or (ii) the religious affiliation of an indi- action of an individual with the advertising (B) an appropriate safe harbor program es- vidual. of a covered entity. tablished under section 241. (7) THIRD PARTY.— (ix) Use— SEC. 213. PRIVACY BY DESIGN. (A) IN GENERAL.—The term ‘‘third party’’ (I) by a covered entity with which an indi- Each covered entity shall, in a manner pro- means, with respect to a covered entity, a vidual has an established business relation- portional to the size, type, and nature of the person that— ship; covered information that it collects, imple- (i) is— (II) which the individual could have rea- ment a comprehensive information privacy (I) not related to the covered entity by sonably expected, at the time such relation- program by— common ownership or corporate control; or ship was established, was related to a service (1) incorporating necessary development (II) related to the covered entity by com- provided pursuant to such relationship; and processes and practices throughout the prod- mon ownership or corporate control and an (III) which does not constitute a material uct life cycle that are designed to safeguard ordinary consumer would not understand change in use or practice from what could the personally identifiable information that that the covered entity and the person were have reasonably been expected. is covered information of individuals based on— related by common ownership or corporate (C) SAVINGS.—A use of covered information control; regarding an individual by a covered entity (A) the reasonable expectations of such in- (ii) is not a service provider used by the or its service provider may only be excluded dividuals regarding privacy; and (B) the relevant threats that need to be covered entity to receive personally identifi- under subparagraph (B) from the definition guarded against in meeting those expecta- able information or sensitive personally of ‘‘unauthorized use’’ under subparagraph tions; and identifiable information in performing serv- (A) if the use is reasonable and consistent (2) maintaining appropriate management ices or functions on behalf of and under the with the practices and purposes described in processes and practices throughout the data instruction of the covered entity; and the notice given the individual in accordance life cycle that are designed to ensure that in- (iii) with respect to the collection of cov- with section 121(a)(1). ered information of an individual, does not formation systems comply with— (9) UNIQUE IDENTIFIER INFORMATION.—The have an established business relationship (A) the provisions of this title; term ‘‘unique identifier information’’ means (B) the privacy policies of a covered entity; with the individual and does not identify a unique persistent identifier associated with itself to the individual at the time of such and an individual or a networked device, includ- collection in a clear and conspicuous manner (C) the privacy preferences of individuals ing a customer number held in a cookie, a that is visible to the individual. that are consistent with the consent choices user ID, a processor serial number, or a de- (B) COMMON BRANDS.—The term ‘‘third and related mechanisms of individual par- vice serial number. party’’ may include, with respect to a cov- ticipation as described in section 222. ered entity, a person who operates under a (b) MODIFIED DEFINITION BY RULEMAKING.— Subtitle B—Right to Notice and Individual common brand with the covered entity. If the Commission determines that a term Participation (8) UNAUTHORIZED USE.— defined in any of paragraphs (3) through (8) SEC. 221. TRANSPARENT NOTICE OF PRACTICES (A) IN GENERAL.—The term ‘‘unauthorized is not reasonably sufficient to protect an in- AND PURPOSES. use’’ means the use of covered information dividual from unfair or deceptive acts or (a) IN GENERAL.—Not later than 60 days by a covered entity or its service provider for practices, the Commission may by rule mod- after the date of the enactment of this Act, any purpose not authorized by the individual the Commission shall initiate a rulemaking ify such definition as the Commission con- to whom such information relates. proceeding to require each covered entity— siders appropriate to protect such individual (B) EXCEPTIONS.—Except as provided in (1) to provide accurate, clear, concise, and subparagraph (C), the term ‘‘unauthorized from an unfair or deceptive act or practice to timely notice to individuals of— use’’ does not include use of covered informa- the extent that the Commission determines (A) the practices of the covered entity re- tion relating to an individual by a covered will not unreasonably impede interstate garding the collection, use, transfer, and entity or its service provider as follows: commerce. storage of covered information; and

VerDate Sep 11 2014 06:29 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00081 Fmt 0637 Sfmt 0634 E:\CR\FM\A05AU6.053 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE S6408 CONGRESSIONAL RECORD — SENATE August 5, 2015 (B) the specific purposes of those practices; (1) specified pursuant to the purposes stat- (i) is necessary to provide such transaction (2) to provide accurate, clear, concise, and ed in the required notice under section or deliver such service to such individual; or timely notice to individuals before imple- 221(a); and (ii) if such service is ongoing, is reasonable menting a material change in such practices; (2) authorized by the individual when the for the ongoing nature of the service; or and individual granted consent for the transfer of (B) is required by a provision of law; (3) to maintain the notice required by the information to the third party. (3) retain covered information only for the paragraph (1) in a form that individuals can (c) ALTERNATIVE MEANS TO TERMINATE USE purpose it was collected, or reasonably-re- readily access. OF COVERED INFORMATION.—In the rule- lated purposes; and (b) COMPLIANCE AND OTHER CONSIDER- making required by subsection (a), the Com- (4) exercise reasonable data retention pro- ATIONS.—In the rulemaking required by sub- mission shall allow a covered entity to pro- cedures with respect to both the initial col- section (a), the Commission— vide individuals an alternative means, in lection and subsequent retention. (1) shall consider the types of devices and lieu of the access, consent, and correction re- SEC. 232. CONSTRAINTS ON DISTRIBUTION OF IN- methods individuals will use to access the re- quirements, of prohibiting a covered entity FORMATION. (a) IN GENERAL.—Each covered entity quired notice; from use or transfer of that individual’s cov- shall— (2) may provide that a covered entity un- ered information. (1) require by contract that any third party able to provide the required notice when in- (d) SERVICE PROVIDERS.— to which it transfers covered information use formation is collected may comply with the (1) IN GENERAL.—The use of a service pro- the information only for purposes that are requirement of subsection (a)(1) by providing vider by a covered entity to receive covered consistent with— an alternative time and means for an indi- information in performing services or func- (A) the provisions of this title; and vidual to receive the required notice prompt- tions on behalf of and under the instruction of the covered entity does not constitute an (B) as specified in the contract; ly; (2) require by contract that such third (3) may draft guidance for covered entities unauthorized use of such information by the covered entity if the covered entity and the party may not combine information that the to use in designing their own notice and may covered entity has transferred to it, that re- include a draft model template for covered service provider execute a contract that re- quires the service provider to collect, use, lates to an individual, and that is not per- entities to use in designing their own notice; sonally identifiable information with other and and store the information on behalf of the covered entity in a manner consistent with— information in order to identify such indi- (4) may provide guidance on how to con- vidual, unless the covered entity has ob- struct computer-readable notices or how to (A) the requirements of this title; and (B) the policies and practices related to tained the opt-in consent of such individual use other technology to deliver the required for such combination and identification; and notice. such information of the covered entity. (2) TRANSFERS BETWEEN SERVICE PROVIDERS (3) before executing a contract with a third SEC. 222. INDIVIDUAL PARTICIPATION. FOR A COVERED ENTITY.—The disclosure by a party— (A) assure through due diligence that the (a) IN GENERAL.—Not later than 180 days service provider of covered information pur- after the date of the enactment of this Act, suant to a contract with a covered entity to third party is a legitimate organization; and the Commission shall initiate a rulemaking another service provider in order to perform (B) in the case of a material violation of proceeding to require each covered entity— the same service or functions for that cov- the contract, at a minimum notify the Com- (1) to offer individuals a clear and con- ered entity does not constitute an unauthor- mission of such violation. (b) TRANSFERS TO UNRELIABLE THIRD PAR- spicuous mechanism for opt-in consent for ized use. TIES PROHIBITED.—A covered entity may not (3) LIABILITY REMAINS WITH COVERED ENTI- any use of their covered information that transfer covered information to a third party TY.—A covered entity remains responsible would otherwise be unauthorized use; that the covered entity knows— and liable for the protection of covered infor- (2) to offer individuals a robust, clear, and (1) has intentionally or willfully violated a mation that has been transferred to a service conspicuous mechanism for opt-in consent contract required by subsection (a); and provider for processing, notwithstanding any for the use by third parties of the individ- (2) is reasonably likely to violate such con- agreement to the contrary between a covered uals’ covered information for behavioral ad- tract. entity and the service provider. vertising or marketing; (c) APPLICATION OF RULES TO THIRD PAR- (3) to provide any individual to whom the Subtitle C—Rights Relating to Data Mini- TIES.— personally identifiable information that is mization, Constraints on Distribution, and (1) IN GENERAL.—Except as provided in covered information pertains, and which the Data Integrity paragraph (2), a third party that receives covered entity or its service provider stores, SEC. 231. DATA MINIMIZATION. covered information from a covered entity appropriate and reasonable— Each covered entity shall— shall be subject to the provisions of this Act (A) access to such information; and (1) collect only as much covered informa- as if it were a covered entity. (B) mechanisms to correct such informa- tion relating to an individual as is reason- (2) EXEMPTION.—The Commission may, as tion to improve the accuracy of such infor- ably necessary— it determines appropriate, exempt classes of mation; and (A) to process or enforce a transaction or third parties from liability under any provi- (4) in the case that a covered entity enters deliver a service requested by such indi- sion of subtitle B if the Commission finds bankruptcy or an individual requests the ter- vidual; that— mination of a service provided by the cov- (B) for the covered entity to provide a (A) such class of third parties cannot rea- ered entity to the individual or termination transaction or delivering a service requested sonably comply with such provision; or of some other relationship with the covered by such individual, such as inventory man- (B) with respect to covered information re- entity, to permit the individual to easily re- agement, financial reporting and accounting, lating to individuals that is transferred to quest that— planning, product or service improvement or such class, compliance by such class with (A) all of the personally identifiable infor- forecasting, and customer support and serv- such provision would not sufficiently benefit mation that is covered information that the ice; such individuals. covered entity maintains relating to the in- (C) to prevent or detect fraud or to provide SEC. 233. DATA INTEGRITY. dividual, except for information the indi- for a secure environment; (a) IN GENERAL.—Each covered entity shall vidual authorized the sharing of or which the (D) to investigate a possible crime; attempt to establish and maintain reason- individual shared with the covered entity in (E) to comply with a provision of law; able procedures to ensure that personally a forum that is widely and publicly avail- (F) for the covered entity to market or ad- identifiable information that is covered in- able, be rendered not personally identifiable; vertise to such individual if the covered in- formation and maintained by the covered en- or formation used for such marketing or adver- tity is accurate in those instances where the (B) if rendering such information not per- tising was collected directly by the covered covered information could be used to deny sonally identifiable is not possible, to cease entity; or consumers benefits or cause significant the unauthorized use or transfer to a third (G) for internal operations, including— harm. party for an unauthorized use of such infor- (i) collecting customer satisfaction surveys (b) EXCEPTION.—Subsection (a) shall not mation or to cease use of such information and conducting customer research to im- apply to covered information of an indi- for marketing, unless such unauthorized use prove customer service; and vidual maintained by a covered entity that or transfer is otherwise required by a provi- (ii) collection from an Internet website of is provided— sion of law. information about visits and click-through (1) directly to the covered entity by the in- (b) UNAUTHORIZED USE TRANSFERS.—In the rates relating to such website to improve— dividual; rulemaking required by subsection (a), the (I) website navigation and performance; (2) to the covered entity by another entity Commission shall provide that with respect and at the request of the individual; to transfers of covered information to a third (II) the customer’s experience; (3) to prevent or detect fraud; or party for which an individual provides opt-in (2) retain covered information for only (4) to provide for a secure environment. consent, the third party to which the infor- such duration as— Subtitle D—Enforcement mation is transferred may not use such in- (A) with respect to the provision of a SEC. 241. GENERAL APPLICATION. formation for any unauthorized use other transaction or delivery of a service to an in- The requirements of this title shall apply than a use— dividual— to any person who—

VerDate Sep 11 2014 06:29 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00082 Fmt 0637 Sfmt 0634 E:\CR\FM\A05AU6.053 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE August 5, 2015 CONGRESSIONAL RECORD — SENATE S6409 (1) collects, uses, transfers, or stores cov- physical harm to an individual or engages in thorized official of a State from initiating or ered information concerning more than 5,000 a pattern or practice that violates any part continuing any proceeding in a court of the individuals during any consecutive 12-month of this title, the attorney general may, as State for a violation of any civil or criminal period; and parens patriae, bring a civil action on behalf law of the State. (2) is— of the residents of the State in an appro- SEC. 244. CIVIL PENALTIES. (A) a person over which the Commission priate district court of the United States— (a) IN GENERAL.—In an action brought has authority pursuant to section 5(a)(2) of (1) to enjoin further violation of this title under section 243, in addition to any other the Federal Trade Commission Act (15 U.S.C. or a regulation promulgated under this title penalty otherwise applicable to a violation 45(a)(2)); by the defendant; of this title or any regulation promulgated (B) a common carrier subject to the Com- (2) to compel compliance with this title or under this title, the following civil penalties munications Act of 1934 (47 U.S.C. 151 et a regulation promulgated under this title; or shall apply: seq.), notwithstanding the definition of the (3) for violations of this title or a regula- (1) SUBTITLE A VIOLATIONS.—A covered enti- term ‘‘Acts to regulate commerce’’ in sec- tion promulgated under this title to obtain ty that recklessly or repeatedly violates sub- tion 4 of the Federal Trade Commission Act civil penalties in the amount determined title A is liable for a civil penalty equal to (15 U.S.C. 44) and the exception provided by under section title. the amount calculated by multiplying the section 5(a)(2) of the Federal Trade Commis- (b) RIGHTS OF FEDERAL TRADE COMMIS- number of days that the entity is not in com- sion Act (15 U.S.C. 45(a)(2)) for such carriers; SION.— pliance with such subtitle by an amount not or (1) NOTICE TO FEDERAL TRADE COMMISSION.— to exceed $33,000. (C) a nonprofit organization, including any (A) IN GENERAL.—Except as provided in (2) SUBTITLE B VIOLATIONS.—A covered enti- organization described in section 501(c) of subparagraph (C), the attorney general of a ty that recklessly or repeatedly violates sub- the Internal Revenue code of 1986 that is ex- State shall notify the Commission in writing title B is liable for a civil penalty equal to empt from taxation under section 501(a) of of any civil action under subsection (b), prior the amount calculated by multiplying the such Code, notwithstanding the definition of to initiating such civil action. number of days that such an entity is not in the term ‘‘Acts to regulate commerce’’ in (B) CONTENTS.—The notice required by sub- compliance with such subtitle, or the num- section 4 of the Federal Trade Commission paragraph (A) shall include a copy of the ber of individuals for whom the entity failed Act (15 U.S.C. 44) and the exception provided complaint to be filed to initiate such civil to obtain consent as required by such sub- by section 5(a)(2) of the Federal Trade Com- action. title, whichever is greater, by an amount not mission Act (15 U.S.C. 45(a)(2)) for such orga- (C) EXCEPTION.—If it is not feasible for the to exceed $33,000. nizations. attorney general of a State to provide the (b) ADJUSTMENT FOR INFLATION.—Beginning SEC. 242. ENFORCEMENT BY THE FEDERAL notice required by subparagraph (A), the on the date that the Consumer Price Index TRADE COMMISSION. State shall provide notice immediately upon for All Urban Consumers is first published by (a) UNFAIR OR DECEPTIVE ACTS OR PRAC- instituting a civil action under subsection the Bureau of Labor Statistics that is after TICES.—A reckless or repetitive violation of a (b). 1 year after the date of the enactment of this provision of this title shall be treated as an (2) INTERVENTION BY FEDERAL TRADE COM- Act, and each year thereafter, each of the unfair or deceptive act or practice in viola- MISSION.—Upon receiving notice required by amounts specified in subsection (a) shall be tion of a regulation under section 18(a)(1)(B) paragraph (1) with respect to a civil action, increased by the percentage increase in the of the Federal Trade Commission Act (15 the Commission may— Consumer Price Index published on that date U.S.C. 57a(a)(1)(B)) regarding unfair or decep- (A) intervene in such action; and from the Consumer Price Index published the tive acts or practices. (B) upon intervening— previous year. (c) MAXIMUM TOTAL LIABILITY.—Notwith- (b) POWERS OF COMMISSION.— (i) be heard on all matters arising in such standing the number of actions which may (1) IN GENERAL.—Except as provided in civil action; and paragraph (3), the Commission shall enforce (ii) file petitions for appeal of a decision in be brought against a covered entity under section 243, the maximum civil penalty for this title in the same manner, by the same such action. which any covered entity may be liable means, and with the same jurisdiction, pow- (c) PREEMPTIVE ACTION BY FEDERAL TRADE under this section in such actions shall not ers, and duties as though all applicable COMMISSION.—If the Commission institutes a exceed— terms and provisions of the Federal Trade civil action for violation of this title or a (1) $6,000,000 for any related series of viola- Commission Act (15 U.S.C. 41 et seq.) were regulation promulgated under this title, no tions of any rule promulgated under subtitle incorporated into and made a part of this attorney general of a State may bring a civil A; and title. action under subsection (a) against any de- fendant named in the complaint of the Com- (2) $6,000,000 for any related series of viola- (2) PRIVILEGES AND IMMUNITIES.—Except as tions of subtitle B. provided in paragraph (3), any person who mission for violation of this title or a regula- violates a provision of this title shall be sub- tion promulgated under this title that is al- SEC. 245. EFFECT ON OTHER LAWS. (a) PREEMPTION OF STATE LAWS.—The pro- ject to the penalties and entitled to the leged in such complaint. (d) INVESTIGATORY POWERS.—Nothing in visions of this title shall supersede any pro- privileges and immunities provided in the this section may be construed to prevent the visions of the law of any State relating to Federal Trade Commission Act (15 U.S.C. 41 attorney general of a State from exercising those entities covered by the regulations et seq.). the powers conferred on such attorney gen- issued pursuant to this title, to the extent (3) COMMON CARRIERS AND NONPROFIT ORGA- eral by the laws of such State to conduct in- that such provisions relate to the collection, NIZATIONS.—The Commission shall enforce vestigations or to administer oaths or affir- use, or disclosure of— this title with respect to common carriers mations or to compel the attendance of wit- (1) covered information addressed in this and nonprofit organizations described in sec- nesses or the production of documentary and title; or tion 241 to the extent necessary to effectuate other evidence. (2) personally identifiable information or the purposes of this title as if such carriers (e) VENUE; SERVICE OF PROCESS.— personal identification information ad- and nonprofit organizations were persons (1) VENUE.—Any action brought under sub- dressed in provisions of the law of a State. over which the Commission has authority section (a) may be brought in— (b) UNAUTHORIZED CIVIL ACTIONS; CERTAIN pursuant to section 5(a)(2) of the Federal (A) the district court of the United States STATE LAWS.— Trade Commission Act (15 U.S.C. 45(a)(2)). that meets applicable requirements relating (1) UNAUTHORIZED ACTIONS.—No person (c) RULEMAKING AUTHORITY.— to venue under section 1391 of title 28, United other than a person specified in section 243 (1) LIMITATION.—In promulgating rules States Code; or may bring a civil action under the laws of under this title, the Commission may not re- (B) another court of competent jurisdic- any State if such action is premised in whole quire the deployment or use of any specific tion. or in part upon the defendant violating this products or technologies, including any spe- (2) SERVICE OF PROCESS.—In an action title or a regulation promulgated under this cific computer software or hardware. brought under subsection (a), process may be title. (2) ADMINISTRATIVE PROCEDURE.—The Com- served in any district in which the defend- (2) PROTECTION OF CERTAIN STATE LAWS.— mission shall promulgate regulations under ant— This title shall not be construed to preempt this title in accordance with section 553 of (A) is an inhabitant; or the applicability of— title 5, United States Code. (B) may be found. (A) State laws that address the collection, (d) RULE OF CONSTRUCTION.—Nothing in (f) ACTIONS BY OTHER STATE OFFICIALS.— use, or disclosure of health information or fi- this title shall be construed to limit the au- (1) IN GENERAL.—In addition to civil ac- nancial information; or thority of the Commission under any other tions brought by attorneys general under (B) other State laws to the extent that provision of law. subsection (a), any other officer of a State those laws relate to acts of fraud. SEC. 243. ENFORCEMENT BY STATES. who is authorized by the State to do so may (c) RULE OF CONSTRUCTION RELATING TO RE- (a) CIVIL ACTION.—In any case in which the bring a civil action under subsection (a), sub- QUIRED DISCLOSURES TO GOVERNMENT ENTI- attorney general of a State has reason to be- ject to the same requirements and limita- TIES.—This title shall not be construed to ex- lieve that an interest of the residents of that tions that apply under this section to civil pand or limit the duty or authority of a cov- State has been or is adversely affected by a actions brought by attorneys general. ered entity or third party to disclose person- covered entity who violates any part of this (2) SAVINGS PROVISION.—Nothing in this ally identifiable information to a govern- title in a manner that results in economic or section may be construed to prohibit an au- ment entity under any provision of law.

VerDate Sep 11 2014 06:29 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00083 Fmt 0637 Sfmt 0634 E:\CR\FM\A05AU6.053 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE S6410 CONGRESSIONAL RECORD — SENATE August 5, 2015 SEC. 246. NO PRIVATE RIGHT OF ACTION. (B) the imposition of civil penalties on the (11) The Privacy Protection Act of 1980 (42 This title may not be construed to provide nongovernmental organization if it is not U.S.C. 2000aa et seq.). any private right of action. compliant with the requirements established (12) The regulations promulgated under Subtitle E—Co-regulatory Safe Harbor under subsection (a); and section 264(c) of the Health Insurance Port- Programs (C) withdrawal of authorization to admin- ability and Accountability Act of 1996 (42 SEC. 251. ESTABLISHMENT OF SAFE HARBOR ister the safe harbor program under this sub- U.S.C. 1320d–2 note), as such regulations re- PROGRAMS. title. late to a person described in section 1172(a) (a) IN GENERAL.—Not later than 1 year (2) ANNUAL REPORTS BY NONGOVERNMENTAL of the Social Security Act (42 U.S.C. 1320d– after the date of the enactment of this Act, ORGANIZATIONS.—Each year, each nongovern- 1(a)) or to transactions referred to in section the Commission shall initiate a rulemaking mental organization administering a safe 1173(a)(1) of such Act (42 U.S.C. 1320d–2(a)(1)). proceeding to establish requirements for the harbor program under this section shall sub- (13) The Communications Assistance for establishment and administration of safe mit to the Commission a report on its activi- Law Enforcement Act (47 U.S.C. 1001 et seq.). harbor programs under which a nongovern- ties under this subtitle during the preceding (14) Section 227 of the Communications Act mental organization will administer a pro- year. of 1934 (47 U.S.C. 227). gram that— SEC. 252. PARTICIPATION IN SAFE HARBOR PRO- Subtitle G—Development of Commercial Data (1) establishes a mechanism for partici- GRAM. Privacy Policy in the Department of Com- pants to implement the requirements of this (a) EXEMPTION.—Any covered entity that merce title with regards to— participates in, and demonstrates compli- SEC. 271. DIRECTION TO DEVELOP COMMERCIAL (A) certain types of unauthorized uses of ance with, a safe harbor program adminis- DATA PRIVACY POLICY. covered information as described in para- tered under section 251 shall be exempt from The Secretary of Commerce shall con- graph (2); or any provision of subtitle B or subtitle C if tribute to the development of commercial (B) any unauthorized use of covered infor- the Commission finds that the requirements data privacy policy by— mation; and of the safe harbor program are substantially (1) convening private sector stakeholders, (2) offers consumers a clear, conspicuous, the same as or more protective of privacy of including members of industry, civil society persistent, and effective means of opting out individuals than the requirements of the pro- groups, academia, in open forums, to develop of the transfer of covered information by a vision from which the exemption is granted. codes of conduct in support of applications covered entity participating in the safe har- (b) LIMITATION.—Nothing in this subtitle for safe harbor programs under subtitle E; bor program to a third party for— shall be construed to exempt any covered en- (2) expanding interoperability between the (A) behavioral advertising purposes; tity participating in a safe harbor program United States commercial data privacy (B) location-based advertising purposes; from compliance with any other requirement framework and other national and regional (C) other specific types of unauthorized of the regulations promulgated under this privacy frameworks; use; or title for which the safe harbor does not pro- (3) conducting research related to improv- (D) any unauthorized use. vide an exception. ing privacy protection under this title; and (b) SELECTION OF NONGOVERNMENTAL ORGA- Subtitle F—Application With Other Federal (4) conducting research related to improv- NIZATIONS TO ADMINISTER PROGRAM.— Laws ing data sharing practices, including the use (1) SUBMITTAL OF APPLICATIONS.—An appli- of anonymised data, and growing the infor- cant seeking to administer a program under SEC. 261. APPLICATION WITH OTHER FEDERAL mation economy. the requirements established pursuant to LAWS. subsection (a) shall submit to the Commis- (a) QUALIFIED EXEMPTION FOR PERSONS SA 2619. Mr. MCCAIN (for himself and SUBJECT TO OTHER FEDERAL PRIVACY LAWS.— sion an application therefor at such time, in Mr. FLAKE) submitted an amendment If a person is subject to a provision of this such manner, and containing such informa- intended to be proposed by him to the tion as the Commission may require. title and a provision of a Federal privacy law described in subsection (d), such provision of bill S. 754, to improve cybersecurity in (2) NOTICE AND RECEIPT OF APPLICATIONS.— the United States through enhanced Upon completion of the rulemaking pro- this title shall not apply to such person to ceedings required by subsection (a), the Com- the extent that such provision of Federal pri- sharing of information about cyberse- mission shall— vacy law applies to such person. curity threats, and for other purposes; (A) publish a notice in the Federal Register (b) PROTECTION OF OTHER FEDERAL PRIVACY which was ordered to lie on the table; that it will receive applications for approval LAWS.—Nothing in this title may be con- as follows: of safe harbor programs under this subtitle; strued to modify, limit, or supersede the op- At the appropriate place, insert the fol- and eration of the Federal privacy laws described lowing: (B) begin receiving applications under in subsection (d) or the provision of informa- SEC. lll. REVIEW AND NOTIFICATIONS OF CAT- paragraph (1). tion permitted or required, expressly or by EGORICAL EXCLUSIONS GRANTED (3) SELECTION.—Not later than 270 days implication, by such laws, with respect to FOR NEXT GENERATION FLIGHT after the date on which the Commission re- Federal rights and practices. PROCEDURES. ceives a completed application under this (c) COMMUNICATIONS INFRASTRUCTURE AND Section 213(c) of the FAA Modernization subsection, the Commission shall grant or PRIVACY.—If a person is subject to a provi- and Reform Act of 2012 (Public Law 112–95; 49 deny the application on the basis of the Com- sion of section 222 or 631 of the Communica- U.S.C. 40101 note) is amended by adding at mission’s evaluation of the applicant’s ca- tions Act of 1934 (47 U.S.C. 222 and 551) and a the end the following: pacity to provide protection of individuals’ provision of this title, such provision of such ‘‘(3) NOTIFICATIONS AND CONSULTATIONS.— covered information with regard to specific section 222 or 631 shall not apply to such per- Not less than 30 days before granting a cat- types of unauthorized uses of covered infor- son to the extent that such provision of this egorical exclusion under this subsection for a mation as described in subsection (a)(2) that title applies to such person. new procedure, the Administrator shall no- is substantially equivalent to or superior to (d) OTHER FEDERAL PRIVACY LAWS DE- tify and consult with the affected public and the protection otherwise provided under this SCRIBED.—The Federal privacy laws de- the operator of the airport at which the pro- title. scribed in this subsection are as follows: cedure would be implemented. (1) Section 552a of title 5, United States ‘‘(4) REVIEW OF CERTAIN CATEGORICAL EX- (4) WRITTEN FINDINGS.—Any decision reached by the Commission under this sub- Code (commonly known as the Privacy Act CLUSIONS.— section shall be accompanied by written of 1974). ‘‘(A) IN GENERAL.—The Administrator shall findings setting forth the basis for and rea- (2) The Right to Financial Privacy Act of review a decision of the Administrator made sons supporting such decision. 1978 (12 U.S.C. 3401 et seq.). on or after February 14, 2012, and before the (c) SCOPE OF SAFE HARBOR PROTECTION.— (3) The Fair Credit Reporting Act (15 date of the enactment of this paragraph to The scope of protection offered by safe har- U.S.C. 1681 et seq.). grant a categorical exclusion under this sub- bor programs approved by the Commission (4) The Fair Debt Collection Practices Act section with respect to a procedure to be im- that establish mechanisms for participants (15 U.S.C. 1692 et seq.). plemented at an airport to determine if the to implement the requirements of the title (5) The Children’s Online Privacy Protec- implementation of the procedure had a sig- only for certain uses of covered information tion Act of 1998 (15 U.S.C. 6501 et seq.). nificant effect on the human environment in as described in subsection (a)(2) shall be lim- (6) Title V of the Gramm-Leach-Bliley Act the community in which the airport is lo- ited to participating entities’ use of those of 1999 (15 U.S.C. 6801 et seq.). cated if the operator of that airport requests particular types of covered information. (7) Chapters 119, 123, and 206 of title 18, such a review and demonstrates that there is (d) SUPERVISION BY FEDERAL TRADE COM- United States Code. good cause to believe that the implementa- MISSION.— (8) Section 2710 of title 18, United States tion of the procedure had such an effect. (1) IN GENERAL.—The Commission shall ex- Code. ‘‘(B) CONTENT OF REVIEW.—If, in conducting ercise oversight and supervisory authority of (9) Section 444 of the General Education a review under subparagraph (A) with re- a safe harbor program approved under this Provisions Act (20 U.S.C. 1232g) (commonly spect to a procedure implemented at an air- section through— referred to as the ‘‘Family Educational port, the Administrator, in consultation (A) ongoing review of the practices of the Rights and Privacy Act of 1974’’). with the operator of the airport, determines nongovernmental organization admin- (10) Section 445 of the General Education that implementing the procedure had a sig- istering the program; Provisions Act (20 U.S.C. 1232h). nificant effect on the human environment in

VerDate Sep 11 2014 06:29 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00084 Fmt 0637 Sfmt 0634 E:\CR\FM\A05AU6.053 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE August 5, 2015 CONGRESSIONAL RECORD — SENATE S6411 the community in which the airport is lo- General submits annual reports under sec- bill S. 754, to improve cybersecurity in cated, the Administrator shall— tion 404 of the Prioritizing Resources and Or- the United States through enhanced ‘‘(i) consult with the operator of the air- ganization for Intellectual Property Act of sharing of information about cyberse- port to identify measures to mitigate the ef- 2008 (42 U.S.C. 3713d). curity threats, and for other purposes; (b) PREPAREDNESS OF FEDERAL COURTS TO fect of the procedure on the human environ- which was ordered to lie on the table; ment; and PROMOTE CYBERSECURITY.—Not later than 180 ‘‘(ii) in conducting such consultations, con- days after the date of enactment of this Act, as follows: sider the use of alternative flight paths.’’. the Attorney General, in coordination with On page 16, strike lines 9 through 21 and in- the Administrative Office of the United sert the following: SA 2620. Mr. WHITEHOUSE (for him- States Courts, shall submit to Congress a re- (A) review such cyber threat indicator and self and Mr. BLUNT) submitted an port— remove, to the extent feasible, any personal amendment intended to be proposed by (1) on whether Federal courts have granted information of or identifying a specific indi- him to the bill S. 754, to improve cyber- timely relief in matters relating to botnets vidual that is not necessary to describe or and other cybercrime and cyber threats; and identity a cybersecurity threat; or security in the United States through (B) implement and utilize a technical capa- enhanced sharing of information about (2) that includes, as appropriate, rec- ommendations on changes or improvements bility configured to remove, to the extent cybersecurity threats, and for other to— feasible, any personal information of or iden- purposes; which was ordered to lie on (A) the Federal Rules of Civil Procedure or tifying a specific individual contained within the table; as follows: the Federal Rules of Criminal Procedure; such indicator that is not necessary to de- At the end, add the following: (B) the training and other resources avail- scribe or identify a cybersecurity threat. able to support the Federal judiciary; TITLE II—CYBERSECURITY PUBLIC SA 2622. Mr. WYDEN (for himself, AWARENESS ACT (C) the capabilities and specialization of Mr. UDALL, Mr. BROWN, Mr. FRANKEN, SEC. 201. SHORT TITLE. courts to which such cases may be assigned; Mr. MARKEY, Mr. BLUMENTHAL, and Ms. This title may be cited as the ‘‘Cybersecu- and rity Public Awareness Act of 2015’’. (D) Federal civil and criminal laws. BALDWIN) submitted an amendment in- tended to be proposed by him to the SEC. 202. ENFORCEMENT OF CYBERSECURITY SEC. 203. CYBERSECURITY PUBLIC AWARENESS LAWS. CAMPAIGNS. bill S. 754, to improve cybersecurity in (a) PROSECUTION FOR CYBERCRIME.— (a) EVALUATION OF EXISTING CYBERSECU- the United States through enhanced (1) IN GENERAL.—Not later than 180 days RITY PUBLIC AWARENESS CAMPAIGNS.—Not sharing of information about cyberse- after the date of enactment of this Act, the later than 180 days after the date of enact- curity threats, and for other purposes; Attorney General, in consultation with the ment of this Act, the Comptroller General of which was ordered to lie on the table; the United States shall submit to Congress a Director of the United States Secret Service, as follows: the Director of U.S. Immigration and Cus- report examining— On page 12, between lines 7 and 8, insert toms Enforcement, and the Director of the (1) the number of cybersecurity public the following: Federal Bureau of Investigation, shall sub- awareness campaigns run by Federal agen- (F) include procedures for notifying in a mit to Congress a report— cies; timely manner any person whose personal (A) describing investigations and prosecu- (2) the estimated costs of Federal cyberse- information is known or determined to have tions relating to cyber intrusions, computer curity public awareness campaigns; and been shared or disclosed in contravention of or network compromise, or other forms of il- (3) the effectiveness of Federal cybersecu- this Act. legal hacking the preceding year, including— rity public awareness campaigns. (i) the number of investigations initiated (b) RECOMMENDATIONS FOR IMPROVING CY- BERSECURITY PUBLIC AWARENESS CAM- SA 2623. Ms. COLLINS (for herself, relating to such crimes; Ms. HIRONO, Mr. WARNER, and Mr. (ii) the number of arrests relating to such PAIGNS.—The report required under sub- COATS) submitted an amendment in- crimes; section (a) shall include recommendations (iii) the number and description of in- for improving and, if appropriate, consoli- tended to be proposed by her to the bill stances in which investigations or prosecu- dating Federal cybersecurity public aware- S. 754, to improve cybersecurity in the tions relating to such crimes have been de- ness campaigns. United States through enhanced shar- layed or prevented because of an inability to SEC. 204. DEVELOPING TECHNOLOGIES TO EN- ing of information about cybersecurity extradite a criminal defendant in a timely HANCE CRITICAL INFRASTRUCTURE threats, and for other purposes; which manner; and CYBERSECURITY. was ordered to lie on the table; as fol- (iv) the number of prosecutions for such (a) DEFINITION.—In this section, the term ‘‘critical infrastructure sector’’ has the lows: crimes, including— At the appropriate place, insert the fol- (I) the number of defendants prosecuted; meaning given the term in section 203. (b) REPORTS.— lowing: (II) whether the prosecutions resulted in a (1) IN GENERAL.—The Secretary of Home- SEC. lll. REPORTING ON INTRUSIONS OF IN- conviction; and land Security shall enter into a contract FORMATION SYSTEMS ESSENTIAL TO (III) the sentence imposed and the statu- with the National Research Council, or an- OPERATION OF CRITICAL INFRA- tory maximum for each such crime for which STRUCTURE AT GREATEST RISK. other Federally funded research and develop- a defendant was convicted; (a) DEFINITIONS.—In this section: ment corporation, under which the Council (B) identifying the number of employees, (1) APPROPRIATE AGENCY.—The term ‘‘ap- or corporation shall submit to Congress a re- financial resources, and other resources propriate agency’’ means, with respect to a port on opportunities to develop innovative (such as technology and training) devoted to covered entity— or experimental technologies or techno- the enforcement, investigation, and prosecu- (A) except as provided in subparagraph (B), logical approaches that would enhance the tion of cyber intrusions, computer or net- the applicable sector-specific agency; or cybersecurity of the critical infrastructure work compromised, or other forms of illegal (B) in the case of a covered entity that is sector. hacking, including the number of investiga- regulated by a Federal entity, such Federal (2) LIMITATIONS.—The report required tors, prosecutors, and forensic specialists entity. under paragraph (1) shall— dedicated to investigating and prosecuting (2) APPROPRIATE AGENCY HEAD.—The term (A) consider only technologies or techno- cyber intrusions, computer or network com- ‘‘appropriate agency head’’ means, with re- logical options that can be deployed con- promise, or other forms of illegal hacking; spect to a covered entity, the head of the ap- sistent with constitutional and statutory and propriate agency. privacy rights; and (C) discussing any impediments under the (3) COVERED ENTITY.—The term ‘‘covered (B) identify any technologies or techno- laws of the United States or international entity’’ means an entity that owns or con- logical options described in subparagraph (A) law to prosecutions for cyber intrusions, trols critical cyber infrastructure. that merit Federal research support. computer or network compromise, or other (4) CRITICAL INFRASTRUCTURE.—The term (3) TIMING.—The contract entered into forms of illegal hacking, including discus- ‘‘critical infrastructure’’ means a system or under paragraph (1) shall require that the re- sion of ways to improve the mutual legal as- asset, whether physical or virtual, that is so port described in paragraph (1) be submitted sistance process used to obtain evidence vital to the United States that the inca- not later than 1 year after the date of enact- abroad and to provide domestic evidence to pacity or destruction of such system or asset ment of this Act. The Secretary of Homeland foreign requestors. would have a debilitating impact on secu- Security may enter into additional subse- (2) UPDATES.—The Attorney General, in rity, national economic security, national quent contracts as appropriate. consultation with the Director of the United public health or safety, or any combination States Secret Service, the Director of Immi- of those matters. SA 2621. Mr. WYDEN (for himself, gration and Customs Enforcement, and the (5) CRITICAL CYBER INFRASTRUCTURE.—The Director of the Federal Bureau of Investiga- Mr. UDALL, Mr. BROWN, Mr. FRANKEN, term ‘‘critical cyber infrastructure’’ means tion, shall annually submit to Congress a re- Mr. MARKEY, Mr. BLUMENTHAL, and Ms. critical infrastructure identified pursuant to port updating the report submitted under BALDWIN) submitted an amendment in- section 9(a) of Executive Order 13636 of Feb- paragraph (1) at the same time the Attorney tended to be proposed by him to the ruary 12, 2013 (78 Fed. Reg. 11742; relating to

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identification of critical infrastructure entity under this section, the Secretary or (ii) FORM.—Each report required under where a cybersecurity incident could reason- the appropriate agency head (as the case clause (i) shall be submitted in writing and ably result in catastrophic regional or na- may be) shall take such actions as the Sec- in unclassified form, but may include a clas- tional effects on public health or safety, eco- retary or the appropriate agency head (as sified annex. nomic security, or national security), or any the case may be) considers appropriate to On page 15, line 17, strike ‘‘(3)’’ and insert successor order. protect from disclosure the identity of the ‘‘(4)’’ (6) SECRETARY.—The term ‘‘Secretary’’ covered entity. means the Secretary of Homeland Security. (g) EFFECTIVE DATE.—The requirements of SA 2625. Mr. JOHNSON (for himself, subsection (b) shall take effect on the date (7) SECTOR-SPECIFIC AGENCY.—The term Mr. CARPER, Ms. AYOTTE, Mrs. MCCAS- ‘‘sector specific agency’’ has the meaning on which the Secretary first promulgates policies and procedures under subsection KILL, Ms. COLLINS, and Mr. WARNER) given such term in Presidential Policy Di- submitted an amendment intended to rective–21, issued February 12, 2013, or any (d)(1) and shall apply with respect to intru- successor directive. sions of critical cyber infrastructure occur- be proposed by him to the bill S. 754, to (b) REPORTING REQUIRED.— ring on or after such date. improve cybersecurity in the United (1) IN GENERAL.—Notwithstanding sub- States through enhanced sharing of in- SA 2624. Mr. MENENDEZ submitted sections (f) and (h) of section 8, if an infor- formation about cybersecurity threats, an amendment intended to be proposed mation system of a covered entity that is es- and for other purposes; which was or- by him to the bill S. 754, to improve cy- sential to the operation of critical cyber in- dered to lie on the table; as follows: frastructure is successfully intruded upon, bersecurity in the United States such covered entity shall submit to the Sec- through enhanced sharing of informa- At the end, add the following: retary or the appropriate agency head a re- tion about cybersecurity threats, and TITLE II—FEDERAL CYBERSECURITY port on such intrusion as soon as practicable for other purposes; which was ordered ENHANCEMENT ACT after the covered entity discovers such intru- to lie on the table; as follows: SECTION 201. SHORT TITLE. sion. On page 15, lines 4 and 5, strike ‘‘paragraph This title may be cited as the ‘‘Federal Cy- (2) ELEMENTS.—Each report submitted by a (2)’’ and insert ‘‘paragraphs (2) and (3)’’. bersecurity Enhancement Act of 2015’’. covered entity under paragraph (1) with re- On page 15, between lines 16 and 17, insert SEC. 202. DEFINITIONS. spect to an intrusion shall include the fol- the following: In this title— lowing: (3) COMPLIANCE WITH CYBERSECURITY CROSS- (1) the term ‘‘agency’’ has the meaning (A) A description of the technique or meth- AGENCY PRIORITY GOAL.— given the term in section 3502 of title 44, od used in such intrusion. (A) DEFINITIONS.—In this paragraph— United States Code; (B) A sample of the malicious software, if (i) the term ‘‘appropriate committees of (2) the term ‘‘agency information system’’ discovered and isolated by the covered enti- Congress’’ means— has the meaning given the term in section ty, involved in such intrusion. (I) the Committee on the Judiciary, the 228 of the Homeland Security Act of 2002, as (C) Damage assessment. Committee on Homeland Security and Gov- added by section 203(a); (D) Such other matters as the Secretary or ernmental Affairs, and the Select Committee (3) the term ‘‘appropriate congressional the appropriate agency head, as the case on Intelligence of the Senate; and committees’’ means— may be, consider appropriate. (II) the Committee on the Judiciary, the (A) the Committee on Homeland Security (3) CONSISTENCY.—Reports submitted under Committee on Homeland Security, the Per- and Governmental Affairs of the Senate; and paragraph (1) shall be submitted in a manner manent Select Committee on Intelligence, (B) the Committee on Homeland Security that is consistent with the other require- and the Committee on Oversight and Govern- of the House of Representatives; ments of this Act. ment Reform of the House of Representa- (4) the terms ‘‘cybersecurity risk’’ and ‘‘in- (c) PROTECTION FROM LIABILITY.—A sub- tives; and formation system’’ have the meanings given mittal of a report under subsection (b)(1) (ii) the term ‘‘independent auditor’’ those terms in section 227 of the Homeland shall be treated as a sharing of a cyber means— Security Act of 2002, as so redesignated by threat indicator or defensive measure under (I) for each Federal entity with an Inspec- section 203(a); section 4(c) for purposes of section 6. (5) the term ‘‘Director’’ means the Director (d) POLICIES AND PROCEDURES.— tor General appointed under the Inspector of the Office of Management and Budget; (1) IN GENERAL.—Not later than 120 days General Act of 1978, the Inspector General or (6) the term ‘‘intelligence community’’ has after the date of the enactment of this Act, an independent external auditor, as deter- the meaning given the term in section 3(4) of the Secretary shall, in consultation with the mined by the Inspector General of the Fed- the National Security Act of 1947 (50 U.S.C. appropriate agency heads of covered entities, eral entity; and 3003(4)); and promulgate policies and procedures to carry (II) for each Federal entity not described in (7) the term ‘‘Secretary’’ means the Sec- out this section. subclause (I), an independent external audi- retary of Homeland Security. (2) ELEMENTS.—The policies and procedures tor as determined by the head of the Federal promulgated under paragraph (1) shall in- entity. SEC. 203. IMPROVED FEDERAL NETWORK SECU- RITY. clude the following: (B) REQUIREMENTS.—A Federal entity may (a) IN GENERAL.—Subtitle C of title II of (A) Policies and procedures for submitting not receive defensive measures under this the Homeland Security Act of 2002 (6 U.S.C. reports under subsection (b). Act unless the independent auditor for the 141 et seq.) is amended— (B) Policies and procedures for making Federal entity certifies that the Federal en- (1) by redesignating section 228 as section cyber threat indicators available under sub- tity— 229; section (e). (i) is capable of properly using any defen- (2) by redesignating section 227 as sub- (C) Policies and procedures for taking ac- sive measures received; and section (c) of section 228, as added by para- tion under subsection (f). (ii) meets any additional metrics, as deter- graph (4), and adjusting the margins accord- (3) EXISTING PROCESSES, ROLES, AND RE- mined by Secretary of Homeland Security. ULES ingly; SPONSIBILITIES.—The Secretary shall ensure (C) R .—Not later than 120 days after (3) by redesignating the second section des- that the policies and procedures promulgated the date of enactment of this Act, the Sec- ignated as section 226 (relating to the na- pursuant to paragraph (1) incorporate, to the retary of Homeland Security, in consultation tional cybersecurity and communications in- greatest extent practicable, processes, roles, with the Director of the Office of Manage- tegration center) as section 227; and responsibilities of appropriate agencies ment and Budget, shall promulgate rules for (4) by inserting after section 227, as so re- and entities, including sector specific infor- updating the certification of the compliance designated, the following: mation sharing and analysis centers, that of a Federal entity with the Cybersecurity were in effect on the day before the date of Cross-Agency Priority Goal for purposes of ‘‘SEC. 228. CYBERSECURITY PLANS. the enactment of this Act. receiving defensive measures. ‘‘(a) DEFINITIONS.—In this section— (e) TWO-WAY SHARING.—In a case in which (D) REPORT TO CONGRESS.— ‘‘(1) the term ‘agency information system’ the Secretary or an appropriate agency head (i) IN GENERAL.—Not later than 1 year after means an information system used or oper- receives a report under subsection (b) from a the date of enactment of this Act, the inde- ated by an agency or by another entity on covered entity, the Secretary or appropriate pendent auditor for each Federal entity, in behalf of an agency; agency head, as the case may be, shall, pur- consultation with the Secretary of Homeland ‘‘(2) the terms ‘cybersecurity risk’ and ‘in- suant to section 3 and to the greatest extent Security, shall submit to the appropriate formation system’ have the meanings given practicable, make available to such covered committees of Congress and the head of the those terms in section 227; entity such cyber threat indicators as the Federal entity a report detailing whether the ‘‘(3) the term ‘information sharing and Secretary or appropriate agency head con- Federal entity is capable of— analysis organization’ has the meaning given siders appropriate. (I) adequately protecting the information the term in section 212(5); and (f) PROTECTION FROM IDENTIFICATION.—In a shared or received under this Act; ‘‘(4) the term ‘intelligence community’ has case in which the Secretary or an appro- (II) determining the original source of a the meaning given the term in section 3(4) of priate agency head shares with a non-Fed- cybersecurity threat; and the National Security Act of 1947 (50 U.S.C. eral entity information from or information (III) determining whether a cybersecurity 3003(4)). derived from a report submitted by a covered threat originates from a foreign entity. ‘‘(b) INTRUSION ASSESSMENT PLAN.—

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‘‘(1) REQUIREMENT.—The Secretary, in co- ture-based detection, and utilize such tech- land Security Act of 2002, as added by sub- ordination with the Director of the Office of nologies when appropriate; section (a), whichever is later, the head of Management and Budget, shall develop and ‘‘(5) shall establish a pilot to acquire, test, each agency shall apply and continue to uti- implement an intrusion assessment plan to and deploy, as rapidly as possible, tech- lize the capabilities to all information trav- identify and remove intruders in agency in- nologies described in paragraph (4); eling between an agency information system formation systems. ‘‘(6) shall periodically update the privacy and any information system other than an ‘‘(2) EXCEPTION.—The intrusion assessment impact assessment required under section agency information system; and plan required under paragraph (1) shall not 208(b) of the E-Government Act of 2002 (44 (B) not later than 6 months after the date apply to the Department of Defense or an U.S.C. 3501 note); and on which the Secretary makes available im- element of the intelligence community.’’; ‘‘(7) shall ensure that— provements to the intrusion detection and (5) in section 228(c), as so redesignated, by ‘‘(A) activities carried out under this sec- prevention capabilities pursuant to section striking ‘‘section 226’’ and inserting ‘‘section tion are reasonably necessary for the pur- 230(b)(2) of the Homeland Security Act of 227’’; and pose of protecting agency information and 2002, as added by subsection (a), the head of (6) by inserting after section 229, as so re- agency information systems from a cyberse- each agency shall apply and continue to uti- designated, the following: curity risk; lize the improved intrusion detection and ‘‘SEC. 230. FEDERAL INTRUSION DETECTION AND ‘‘(B) information accessed by the Secretary prevention capabilities. PREVENTION SYSTEM. will be retained no longer than reasonably (2) EXCEPTION.—The requirements under ‘‘(a) DEFINITIONS.—In this section— necessary for the purpose of protecting agen- paragraph (1) shall not apply to the Depart- ‘‘(1) the term ‘agency’ has the meaning cy information and agency information sys- ment of Defense or an element of the intel- given that term in section 3502 of title 44, tems from a cybersecurity risk; ligence community. United States Code; ‘‘(C) notice has been provided to users of an (d) TABLE OF CONTENTS AMENDMENT.—The ‘‘(2) the term ‘agency information’ means agency information system concerning ac- table of contents in section 1(b) of the Home- information collected or maintained by or on cess to communications of users of the agen- land Security Act of 2002 (6 U.S.C. 101 note) behalf of an agency; cy information system for the purpose of is amended by striking the items relating to ‘‘(3) the term ‘agency information system’ protecting agency information and the agen- the first section designated as section 226, has the meaning given the term in section cy information system; and the second section designated as section 226 228; and ‘‘(D) the activities are implemented pursu- (relating to the national cybersecurity and ‘‘(4) the terms ‘cybersecurity risk’ and ‘in- ant to policies and procedures governing the communications integration center), section formation system’ have the meanings given operation of the intrusion detection and pre- 227, and section 228 and inserting the fol- those terms in section 227. vention capabilities. lowing: ‘‘(d) PRIVATE ENTITIES.— ‘‘(b) REQUIREMENT.— ‘‘Sec. 226. Cybersecurity recruitment and re- ‘‘(1) CONDITIONS.—A private entity de- ‘‘(1) IN GENERAL.—Not later than 1 year tention. after the date of enactment of this section, scribed in subsection (c)(2) may not— ‘‘Sec. 227. National cybersecurity and com- the Secretary shall deploy, operate, and ‘‘(A) disclose any network traffic munications integration center. ‘‘Sec. 228. Cybersecurity plans. maintain, to make available for use by any transiting or traveling to or from an agency ‘‘Sec. 229. Clearances. agency, with or without reimbursement— information system to any entity without the consent of the Department or the agency ‘‘Sec. 230. Federal intrusion detection and ‘‘(A) a capability to detect cybersecurity prevention system.’’. risks in network traffic transiting or trav- that disclosed the information under sub- SEC. 204. ADVANCED INTERNAL DEFENSES. eling to or from an agency information sys- section (c)(1); or (a) ADVANCED NETWORK SECURITY TOOLS.— tem; and ‘‘(B) use any network traffic transiting or traveling to or from an agency information (1) IN GENERAL.—The Secretary shall in- ‘‘(B) a capability to prevent network traf- clude in the Continuous Diagnostics and fic associated with such cybersecurity risks system to which the private entity gains ac- cess in accordance with this section for any Mitigation Program advanced network secu- from transiting or traveling to or from an rity tools to improve visibility of network agency information system or modify such purpose other than to protect agency infor- mation and agency information systems activity, including through the use of com- network traffic to remove the cybersecurity mercial and free or open source tools, to de- risk. against cybersecurity risks or to administer a contract or other agreement entered into tect and mitigate intrusions and anomalous ‘‘(2) REGULAR IMPROVEMENT.—The Sec- activity. retary shall regularly deploy new tech- pursuant to subsection (c)(2) or as part of an- (2) DEVELOPMENT OF PLAN.—The Director nologies and modify existing technologies to other contract with the Secretary. ‘‘(2) LIMITATION ON LIABILITY.—No cause of shall develop and implement a plan to ensure the intrusion detection and prevention capa- that each agency utilizes advanced network bilities described in paragraph (1) as appro- action shall lie in any court against a pri- vate entity for assistance provided to the security tools, including those described in priate to improve the intrusion detection paragraph (1), to detect and mitigate intru- and prevention capabilities. Secretary in accordance with this section and any contract or agreement entered into sions and anomalous activity. ‘‘(c) ACTIVITIES.—In carrying out sub- pursuant to subsection (c)(2). (b) IMPROVED METRICS.—The Secretary, in section (b), the Secretary— collaboration with the Director, shall review ‘‘(1) may access, and the head of an agency ‘‘(3) RULE OF CONSTRUCTION.—Nothing in paragraph (2) shall be construed to authorize and update the metrics used to measure se- may disclose to the Secretary or a private curity under section 3554 of title 44, United entity providing assistance to the Secretary an Internet service provider to break a user agreement with a customer without the con- States Code, to include measures of intru- under paragraph (2), information transiting sion and incident detection and response or traveling to or from an agency informa- sent of the customer. ‘‘(e) ATTORNEY GENERAL REVIEW.—Not times. tion system, regardless of the location from later than 1 year after the date of enactment (c) TRANSPARENCY AND ACCOUNTABILITY.— which the Secretary or a private entity pro- of this section, the Attorney General shall The Director, in consultation with the Sec- viding assistance to the Secretary under review the policies and guidelines for the retary, shall increase transparency to the paragraph (2) accesses such information, not- program carried out under this section to en- public on agency cybersecurity posture, in- withstanding any other provision of law that sure that the policies and guidelines are con- cluding by increasing the number of metrics would otherwise restrict or prevent the head sistent with applicable law governing the ac- available on Federal Government perform- of an agency from disclosing such informa- quisition, interception, retention, use, and ance websites and, to the greatest extent tion to the Secretary or a private entity pro- disclosure of communications.’’. practicable, displaying metrics for depart- viding assistance to the Secretary under (b) PRIORITIZING ADVANCED SECURITY ment components, small agencies, and micro paragraph (2); TOOLS.—The Director and the Secretary, in agencies. ‘‘(2) may enter into contracts or other consultation with appropriate agencies, (d) MAINTENANCE OF TECHNOLOGIES.—Sec- agreements with, or otherwise request and shall— tion 3553(b)(6)(B) of title 44, United States obtain the assistance of, private entities to (1) review and update governmentwide Code, is amended by inserting ‘‘, operating, deploy and operate technologies in accord- policies and programs to ensure appropriate and maintaining’’ after ‘‘deploying’’. ance with subsection (b); prioritization and use of network security SEC. 205. FEDERAL CYBERSECURITY REQUIRE- ‘‘(3) may retain, use, and disclose informa- monitoring tools within agency networks; MENTS. tion obtained through the conduct of activi- and (a) IMPLEMENTATION OF FEDERAL CYBERSE- ties authorized under this section only to (2) brief appropriate congressional commit- CURITY STANDARDS.—Consistent with section protect information and information sys- tees on such prioritization and use. 3553 of title 44, United States Code, the Sec- tems from cybersecurity risks; (c) AGENCY RESPONSIBILITIES.— retary, in consultation with the Director, ‘‘(4) shall regularly assess through oper- (1) IN GENERAL.—Except as provided in shall exercise the authority to issue binding ational test and evaluation in real world or paragraph (2)— operational directives to assist the Director simulated environments available advanced (A) not later than 1 year after the date of in ensuring timely agency adoption of and protective technologies to improve detection enactment of this Act or 2 months after the compliance with policies and standards pro- and prevention capabilities, including com- date on which the Secretary makes available mulgated under section 11331 of title 40, mercial and non-commercial technologies the intrusion detection and prevention capa- United States Code, for securing agency in- and detection technologies beyond signa- bilities under section 230(b)(1) of the Home- formation systems.

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(b) CYBERSECURITY REQUIREMENTS AT AGEN- sessment plan to identify and remove intrud- indicators, identifiers, and techniques used CIES.— ers in agency information systems; to detect such cybersecurity risks; and (1) IN GENERAL.—Consistent with policies, (2) the term ‘‘intrusion assessment plan’’ (II) the number of instances in which the standards, guidelines, and directives on in- means the plan required under section intrusion detection and prevention capabili- formation security under subchapter II of 228(b)(1) of the Homeland Security Act of ties prevented network traffic associated chapter 35 of title 44, United States Code, 2002, as added by section 203(a) of this Act; with a cybersecurity risk from transiting or and the standards and guidelines promul- and traveling to or from an agency information gated under section 11331 of title 40, United (3) the term ‘‘intrusion detection and pre- system and the types of indicators, identi- States Code, and except as provided in para- vention capabilities’’ means the capabilities fiers, and techniques used to detect such graph (2), not later than 1 year after the date required under section 230(b) of the Home- agency information systems. of enactment of this Act, the head of each land Security Act of 2002, as added by section (2) OMB REPORT ON DEVELOPMENT AND IM- agency shall— 203(a) of this Act. PLEMENTATION OF INTRUSION ASSESSMENT (A) identify sensitive and mission critical (b) THIRD PARTY ASSESSMENT.—Not later PLAN, ADVANCED INTERNAL DEFENSES, AND data stored by the agency consistent with than 3 years after the date of enactment of FEDERAL CYBERSECURITY BEST PRACTICES.— the inventory required under the first sub- this Act, the Government Accountability Of- The Director shall— section (c) (relating to the inventory of fice shall conduct a study and publish a re- (A) not later than 6 months after the date major information systems) and the second port on the effectiveness of the approach and of enactment of this Act, and 30 days after subsection (c) (relating to the inventory of strategy of the Federal Government to se- any update thereto, submit the intrusion as- information systems) of section 3505 of title curing agency information systems, includ- sessment plan to the appropriate congres- 44, United States Code; ing the intrusion detection and prevention sional committees; (B) assess access controls to the data de- capabilities and the intrusion assessment (B) not later than 1 year after the date of scribed in subparagraph (A), the need for plan. enactment of this Act, and annually there- (c) REPORTS TO CONGRESS.— readily accessible storage of the data, and in- after, submit to Congress, as part of the re- (1) INTRUSION DETECTION AND PREVENTION dividuals’ need to access the data; port required under section 3553(c) of title 44, CAPABILITIES.— (C) encrypt or otherwise render indecipher- United States Code— (A) SECRETARY OF HOMELAND SECURITY RE- able to unauthorized users the data described (i) a description of the implementation of PORT.—Not later than 6 months after the in subparagraph (A) that is stored on or the intrusion assessment plan; transiting agency information systems; date of enactment of this Act, and annually thereafter, the Secretary shall submit to the (ii) the findings of the intrusion assess- (D) implement a single sign-on trusted ments conducted pursuant to the intrusion identity platform for individuals accessing appropriate congressional committees a re- port on the status of implementation of the assessment plan; each public website of the agency that re- (iii) advanced network security tools in- quires user authentication, as developed by intrusion detection and prevention capabili- ties, including— cluded in the Continuous Diagnostics and the Administrator of General Services in col- Mitigation Program pursuant to section laboration with the Secretary; and (i) a description of privacy controls; (ii) a description of the technologies and 204(a)(1); (E) implement identity management con- (iv) the results of the assessment of the sistent with section 504 of the Cybersecurity capabilities utilized to detect cybersecurity risks in network traffic, including the extent Secretary of best practices for Federal cy- Enhancement Act of 2014 (15 U.S.C. 7464), in- bersecurity pursuant to section 205(a); and cluding multi-factor authentication, for— to which those technologies and capabilities include existing commercial and non-com- (v) a list by agency of compliance with the (i) remote access to an agency information requirements of section 205(b); and system; and mercial technologies; (iii) a description of the technologies and (C) not later than 1 year after the date of (ii) each user account with elevated privi- enactment of this Act, submit to the appro- leges on an agency information system. capabilities utilized to prevent network traf- priate congressional committees— (2) EXCEPTION.—The requirements under fic associated with cybersecurity risks from (i) a copy of the plan developed pursuant to paragraph (1) shall not apply to— transiting or traveling to or from agency in- section 204(a)(2); and (A) the Department of Defense or an ele- formation systems, including the extent to (ii) the improved metrics developed pursu- ment of the intelligence community; or which those technologies and capabilities in- ant to section 204(b). (B) an agency information system for clude existing commercial and non-commer- which— cial technologies; SEC. 207. TERMINATION. (i) the head of the agency has personally (iv) a list of the types of indicators or (a) IN GENERAL.—The authority provided certified to the Director with particularity other identifiers or techniques used to detect under section 230 of the Homeland Security Act of 2002, as added by section 203(a) of this that— cybersecurity risks in network traffic Act, and the reporting requirements under (I) operational requirements articulated in transiting or traveling to or from agency in- section 206(c) shall terminate on the date the certification and related to the agency formation systems on each iteration of the that is 7 years after the date of enactment of information system would make it exces- intrusion detection and prevention capabili- this Act. sively burdensome to implement the cyber- ties and the number of each such type of in- (b) RULE OF CONSTRUCTION.—Nothing in dicator, identifier, and technique; security requirement; subsection (a) shall be construed to affect (II) the cybersecurity requirement is not (v) the number of instances in which the the limitation of liability of a private entity necessary to secure the agency information intrusion detection and prevention capabili- for assistance provided to the Secretary system or agency information stored on or ties detected a cybersecurity risk in network under section 230(d)(2) of the Homeland Secu- transiting it; and traffic transiting or traveling to or from rity Act of 2002, as added by section 203(a) of (III) the agency has all taken necessary agency information systems and the number this Act, if such assistance was rendered be- steps to secure the agency information sys- of times the intrusion detection and preven- fore the termination date under subsection tem and agency information stored on or tion capabilities blocked network traffic as- (a) or otherwise during a period in which the transiting it; and sociated with cybersecurity risk; and assistance was authorized. (ii) the head of the agency or the designee (vi) a description of the pilot established SEC. 208. IDENTIFICATION OF INFORMATION SYS- of the head of the agency has submitted the under section 230(c)(5) of the Homeland Secu- TEMS RELATING TO NATIONAL SE- certification described in clause (i) to the ap- rity Act of 2002, as added by section 203(a) of CURITY. propriate congressional committees and the this Act, including the number of new tech- (a) IN GENERAL.—Except as provided in authorizing committees of the agency. nologies tested and the number of partici- subsection (c), not later than 180 days after (3) RULES OF CONSTRUCTION.—Nothing in pating agencies. the date of enactment of this Act— this section shall be construed— (B) OMB REPORT.—Not later than 18 (1) the Director of National Intelligence, in (A) to alter the authority of the Secretary, months after the date of enactment of this coordination with the heads of other agen- the Director, or the Director of the National Act, and annually thereafter, the Director cies, shall— Institute of Standards and Technology in im- shall submit to Congress, as part of the re- (A) identify all unclassified information plementing subchapter II of chapter 35 of port required under section 3553(c) of title 44, systems that provide access to information title 44, United States Code; United States Code, an analysis of agency that may provide an adversary with the abil- (B) to affect the National Institute of application of the intrusion detection and ity to derive information that would other- Standards and Technology standards process prevention capabilities, including— wise be considered classified; or the requirement under section 3553(a)(4) of (i) a list of each agency and the degree to (B) assess the risks that would result from title 44, United States Code; or which each agency has applied the intrusion the breach of each unclassified information (C) to discourage continued improvements detection and prevention capabilities to an system identified in subparagraph (A); and and advancements in the technology, stand- agency information system; and (C) assess the cost and impact on the mis- ards, policies, and guidelines used to pro- (ii) a list by agency of— sion carried out by each agency that owns an mote Federal information security. (I) the number of instances in which the in- unclassified information system identified in SEC. 206. ASSESSMENT; REPORTS. trusion detection and prevention capabilities subparagraph (A) if the system were to be (a) DEFINITIONS.—In this section— detected a cybersecurity risk in network subsequently designated as a national secu- (1) the term ‘‘intrusion assessments’’ traffic transiting or traveling to or from an rity system, as defined in section 11103 of means actions taken under the intrusion as- agency information system and the types of title 40, United States Code; and

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(2) the Director of National Intelligence protective capabilities under the control of (b) TECHNICAL AMENDMENT.—Section shall submit to the appropriate congres- the Secretary for communications or other 3554(a)(1)(B) of title 44, United States Code, is sional committees, the Select Committee on system traffic transiting to or from or stored amended— Intelligence of the Senate, and the Perma- on an agency information system for the (1) in clause (iii), by striking ‘‘and’’ at the nent Select Committee on Intelligence of the purpose of ensuring the security of the infor- end; and House of Representatives a report that in- mation or information system or other agen- (2) by adding at the end the following: ‘‘(v) cludes the findings under paragraph (1). cy information systems, if— emergency directives issued by the Sec- (b) FORM.—The report submitted under ‘‘(i) the Secretary determines that there is retary under section 3553(h); and’’. subsection (a)(2) shall be in unclassified an imminent threat to agency information ‘‘(v) emergency directives issued by the form, and shall include a classified annex. systems; Secretary under section 3553(h); and’’. (c) EXCEPTION.—The requirements under ‘‘(ii) the Secretary determines that a direc- subsection (a)(1) shall not apply to the De- tive issued under subsection (b)(2)(C) or para- SA 2626. Mr. WHITEHOUSE sub- partment of Defense or an element of the in- graph (1)(A) is not reasonably likely to re- mitted an amendment intended to be telligence community. sult in a timely response to the threat; proposed by him to the bill S. 754, to SEC. 209. DIRECTION TO AGENCIES. ‘‘(iii) the Secretary determines that the risk posed by the imminent threat outweighs improve cybersecurity in the United (a) IN GENERAL.—Section 3553 of title 44, States through enhanced sharing of in- United States Code, is amended by adding at any adverse consequences reasonably ex- the end the following: pected to result from the use of protective formation about cybersecurity threats, ‘‘(h) DIRECTION TO AGENCIES.— capabilities under the control of the Sec- and for other purposes; which was or- ‘‘(1) AUTHORITY.— retary; dered to lie on the table; as follows: ‘‘(iv) the Secretary provides prior notice to ‘‘(A) IN GENERAL.—Subject to subparagraph At the end, add the following: (B), in response to a known or reasonably the Director and the head and chief informa- suspected information security threat, vul- tion officer (or equivalent official) of each SEC. ll. STOPPING THE SALE OF AMERICANS’ FINANCIAL INFORMATION. nerability, or incident that represents a sub- agency to which specific actions will be stantial threat to the information security taken pursuant to this subparagraph, and no- Section 1029(h) of title 18, United States of an agency, the Secretary may issue an tifies the appropriate congressional commit- Code, is amended by striking ‘‘if—’’ and all emergency directive to the head of an agency tees and authorizing committees of each that follows through ‘‘therefrom.’’ and in- to take any lawful action with respect to the such agencies within 7 days of taking an ac- serting ‘‘if the offense involves an access de- operation of the information system, includ- tion under this subparagraph, of— vice issued, owned, managed, or controlled ing such systems owned or operated by an- ‘‘(I) any action taken under this subpara- by a financial institution, account issuer, other entity on behalf of an agency, that col- graph; and credit card system member, or other entity lects, processes, stores, transmits, dissemi- ‘‘(II) the reasons for and duration and na- organized under the laws of the United nates, or otherwise maintains agency infor- ture of the action; States, or any State, the District of Colum- mation, for the purpose of protecting the in- ‘‘(v) the action of the Secretary is con- bia, or other Territory of the United formation system from, or mitigating, an in- sistent with applicable law; and States.’’. formation security threat. ‘‘(vi) the Secretary authorizes the use of SEC. ll. SHUTTING DOWN BOTNETS. ‘‘(B) EXCEPTION.—The authorities of the protective capabilities in accordance with (a) AMENDMENT.—Section 1345 of title 18, Secretary under this subsection shall not the advance procedures established under United States Code, is amended— apply to a system described in paragraph (2) subparagraph (C). (1) in the heading, by inserting ‘‘and or (3) of subsection (e). ‘‘(B) LIMITATION ON DELEGATION.—The au- abuse’’ after ‘‘fraud’’; ‘‘(2) PROCEDURES FOR USE OF AUTHORITY.— thority under subparagraph (A) may not be (2) in subsection (a)— The Secretary shall— delegated by the Secretary. (A) in paragraph (1)— ‘‘(A) in coordination with the Director, es- ‘‘(C) ADVANCE PROCEDURES.—The Secretary (i) in subparagraph (B), by striking ‘‘or’’ at tablish procedures governing the cir- shall, in coordination with the Director and the end; cumstances under which a directive may be in consultation with the heads of agencies, (ii) in subparagraph (C), by inserting ‘‘or’’ issued under this subsection, which shall in- establish procedures governing the cir- after the semicolon; and clude— cumstances under which the Secretary may (iii) by inserting after subparagraph (C) the ‘‘(i) thresholds and other criteria; authorize the use of protective capabilities following: ‘‘(ii) privacy and civil liberties protections; under subparagraph (A). The Secretary shall ‘‘(D) violating or about to violate para- and submit the procedures to Congress. graph (1), (4), (5), or (7) of section 1030(a) ‘‘(iii) providing notice to potentially af- ‘‘(4) LIMITATION.—The Secretary may di- where such conduct would affect 100 or more fected third parties; rect or authorize lawful action or protective protected computers (as defined in section ‘‘(B) specify the reasons for the required capability under this subsection only to— 1030) during any 1-year period, including by action and the duration of the directive; ‘‘(A) protect agency information from un- denying access to or operation of the com- ‘‘(C) minimize the impact of a directive authorized access, use, disclosure, disrup- puters, installing malicious software on the under this subsection by— tion, modification, or destruction; or computers, or using the computers without ‘‘(i) adopting the least intrusive means ‘‘(B) require the remediation of or protect authorization;’’; and possible under the circumstances to secure against identified information security risks (B) in paragraph (2), by inserting ‘‘, a viola- the agency information systems; and with respect to— tion described in subsection (a)(1)(D),’’ before ‘‘(ii) limiting directives to the shortest pe- ‘‘(i) information collected or maintained ‘‘or a Federal’’; and riod practicable; by or on behalf of an agency; or (3) by adding at the end the following: ‘‘(ii) that portion of an information system ‘‘(D) notify the Director and the head of ‘‘(c) A restraining order, prohibition, or used or operated by an agency or by a con- any affected agency immediately upon the other action described in subsection (b), if tractor of an agency or other organization issuance of a directive under this subsection; issued in circumstances described in sub- on behalf of an agency. ‘‘(E) consult with the Director of the Na- section (a)(1)(D), may, upon application of tional Institute of Standards and Technology ‘‘(i) ANNUAL REPORT TO CONGRESS.—Not the Attorney General— regarding any directive issued under this later than February 1 of each year, the Di- ‘‘(1) specify that no cause of action shall subsection that implements standards and rector shall submit to the appropriate con- lie in any court against a person for com- guidelines developed by the National Insti- gressional committees a report regarding the plying with the restraining order, prohibi- tute of Standards and Technology; specific actions the Director has taken pur- tion, or other action; and ‘‘(F) ensure that directives issued under suant to subsection (a)(5), including any ac- ‘‘(2) provide that the United States shall this subsection do not conflict with the tions taken pursuant to section 11303(b)(5) of pay to such person a fee for reimbursement standards and guidelines issued under sec- title 40. for such costs as are reasonably necessary tion 11331 of title 40; ‘‘(j) APPROPRIATE CONGRESSIONAL COMMIT- and which have been directly incurred in ‘‘(G) consider any applicable standards or TEES.—In this section, the term ‘appropriate complying with the restraining order, prohi- guidelines developed by the National Insti- congressional committees’ means— bition, or other action.’’. tute of Standards and issued by the Sec- ‘‘(1) the Committee on Appropriations, the (b) TECHNICAL AND CONFORMING AMEND- retary of Commerce under section 11331 of Committee on Homeland Security and Gov- MENT.—The table of section for chapter 63 is title 40; and ernmental Affairs, and the Committee on amended by striking the item relating to ‘‘(H) not later than February 1 of each Commerce, Science, and Transportation of section 1345 and inserting the following: year, submit to the appropriate congres- the Senate; and sional committees a report regarding the ‘‘(2) the Committee on Appropriations, the ‘‘1345. Injunctions against fraud and abuse.’’. specific actions the Secretary has taken pur- Committee on Homeland Security, the Com- SEC. ll. AGGRAVATED DAMAGE TO A CRITICAL suant to paragraph (1)(A). mittee on Oversight and Government Re- INFRASTRUCTURE COMPUTER. ‘‘(3) IMMINENT THREATS.— form, and the Committee on Science, Space, (a) IN GENERAL.—Chapter 47 of title 18, ‘‘(A) IN GENERAL.—Notwithstanding section and Technology of the House of Representa- United States Code, is amended by inserting 3554, the Secretary may authorize the use of tives.’’. after section 1030 the following:

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Mr. CARPER (for himself, apply to the Department of Defense or an the case of an attempted offense, would, if Mr. JOHNSON, Ms. AYOTTE, Mrs. MCCAS- element of the intelligence community.’’; completed have resulted in) the substantial KILL, Ms. COLLINS, and Mr. WARNER) (5) in section 228(c), as so redesignated, by impairment— submitted an amendment intended to striking ‘‘section 226’’ and inserting ‘‘section ‘‘(1) of the operation of the critical infra- be proposed by him to the bill S. 754, to 227’’; and structure computer; or improve cybersecurity in the United (6) by inserting after section 229, as so re- ‘‘(2) of the critical infrastructure associ- designated, the following: ated with such computer. States through enhanced sharing of in- formation about cybersecurity threats, ‘‘SEC. 230. FEDERAL INTRUSION DETECTION AND ‘‘(b) PENALTY.—Any person who violates PREVENTION SYSTEM. subsection (a) shall, in addition to the term and for other purposes; which was or- ‘‘(a) DEFINITIONS.—In this section— of punishment provided for the felony viola- dered to lie on the table; as follows: ‘‘(1) the term ‘agency’ has the meaning tion of section 1030, be fined under this title, At the end, add the following: given that term in section 3502 of title 44, imprisoned for not more than 20 years, or TITLE II—FEDERAL CYBERSECURITY United States Code; both. ENHANCEMENT ACT ‘‘(2) the term ‘agency information’ means ‘‘(c) CONSECUTIVE SENTENCE.—Notwith- standing any other provision of law— SECTION 201. SHORT TITLE. information collected or maintained by or on ‘‘(1) a court shall not place any person con- This title may be cited as the ‘‘Federal Cy- behalf of an agency; victed of a violation of this section on proba- bersecurity Enhancement Act of 2015’’. ‘‘(3) the term ‘agency information system’ tion; SEC. 202. DEFINITIONS. has the meaning given the term in section ‘‘(2) except as provided in paragraph (4), no In this title— 228; and term of imprisonment imposed on a person (1) the term ‘‘agency’’ has the meaning ‘‘(4) the terms ‘cybersecurity risk’ and ‘in- under this section shall run concurrently given the term in section 3502 of title 44, formation system’ have the meanings given with any term of imprisonment imposed on United States Code; those terms in section 227. the person under any other provision of law, (2) the term ‘‘agency information system’’ ‘‘(b) REQUIREMENT.— including any term of imprisonment imposed has the meaning given the term in section ‘‘(1) IN GENERAL.—Not later than 1 year for the felony violation of section 1030; 228 of the Homeland Security Act of 2002, as after the date of enactment of this section, ‘‘(3) in determining any term of imprison- added by section 203(a); the Secretary shall deploy, operate, and ment to be imposed for the felony violation (3) the term ‘‘appropriate congressional maintain, to make available for use by any of section 1030, a court shall not in any way committees’’ means— agency, with or without reimbursement— reduce the term to be imposed for such viola- (A) the Committee on Homeland Security ‘‘(A) a capability to detect cybersecurity tion to compensate for, or otherwise take and Governmental Affairs of the Senate; and risks in network traffic transiting or trav- into account, any separate term of imprison- (B) the Committee on Homeland Security eling to or from an agency information sys- ment imposed or to be imposed for a viola- of the House of Representatives; tem; and tion of this section; and (4) the terms ‘‘cybersecurity risk’’ and ‘‘in- ‘‘(B) a capability to prevent network traf- ‘‘(4) a term of imprisonment imposed on a formation system’’ have the meanings given fic associated with such cybersecurity risks person for a violation of this section may, in those terms in section 227 of the Homeland from transiting or traveling to or from an the discretion of the court, run concurrently, Security Act of 2002, as so redesignated by agency information system or modify such in whole or in part, only with another term section 203(a); network traffic to remove the cybersecurity of imprisonment that is imposed by the (5) the term ‘‘Director’’ means the Director risk. court at the same time on that person for an of the Office of Management and Budget; ‘‘(2) REGULAR IMPROVEMENT.—The Sec- additional violation of this section, if such (6) the term ‘‘intelligence community’’ has retary shall regularly deploy new tech- discretion shall be exercised in accordance the meaning given the term in section 3(4) of nologies and modify existing technologies to with any applicable guidelines and policy the National Security Act of 1947 (50 U.S.C. the intrusion detection and prevention capa- statements issued by the United States Sen- 3003(4)); and bilities described in paragraph (1) as appro- tencing Commission pursuant to section 994 (7) the term ‘‘Secretary’’ means the Sec- priate to improve the intrusion detection of title 28. retary of Homeland Security. and prevention capabilities. ‘‘(d) DEFINITIONS.—In this section SEC. 203. IMPROVED FEDERAL NETWORK SECU- ‘‘(c) ACTIVITIES.—In carrying out sub- ‘‘(1) the terms ‘computer’ and ‘damage’ RITY. section (b), the Secretary— have the meanings given the terms in sec- (a) IN GENERAL.—Subtitle C of title II of ‘‘(1) may access, and the head of an agency tion 1030; and the Homeland Security Act of 2002 (6 U.S.C. may disclose to the Secretary or a private ‘‘(2) the term ‘critical infrastructure’ has 141 et seq.) is amended— entity providing assistance to the Secretary the meaning given the term in section 1016(e) (1) by redesignating section 228 as section under paragraph (2), information transiting of the USA PATRIOT Act (42 U.S.C. 229; or traveling to or from an agency informa- 5195c(e)).’’. (2) by redesignating section 227 as sub- tion system, regardless of the location from (b) TABLE OF SECTIONS.—The table of sec- section (c) of section 228, as added by para- which the Secretary or a private entity pro- tions for chapter 47 of title 18, United States graph (4), and adjusting the margins accord- viding assistance to the Secretary under Code, is amended by inserting after the item ingly; paragraph (2) accesses such information, not- relating to section 1030 the following: (3) by redesignating the second section des- withstanding any other provision of law that ‘‘1030A. Aggravated damage to a critical in- ignated as section 226 (relating to the na- would otherwise restrict or prevent the head frastructure computer.’’. tional cybersecurity and communications in- of an agency from disclosing such informa- SEC. ll. STOPPING TRAFFICKING IN BOTNETS. tegration center) as section 227; tion to the Secretary or a private entity pro- (a) IN GENERAL.—Section 1030 of title 18, (4) by inserting after section 227, as so re- viding assistance to the Secretary under United States Code, is amended— designated, the following: paragraph (2); (1) in subsection (a), by striking paragraph ‘‘SEC. 228. CYBERSECURITY PLANS. ‘‘(2) may enter into contracts or other (6) and inserting the following: ‘‘(a) DEFINITIONS.—In this section— agreements with, or otherwise request and ‘‘(6) knowing such conduct to be wrongful, ‘‘(1) the term ‘agency information system’ obtain the assistance of, private entities to intentionally traffics in any password or means an information system used or oper- deploy and operate technologies in accord- similar information, or any other means of ated by an agency or by another entity on ance with subsection (b); access, further knowing or having reason to behalf of an agency; ‘‘(3) may retain, use, and disclose informa- know that a protected computer would be ‘‘(2) the terms ‘cybersecurity risk’ and ‘in- tion obtained through the conduct of activi- accessed or damaged without authorization formation system’ have the meanings given ties authorized under this section only to in a manner prohibited by this section as the those terms in section 227; protect information and information sys- result of such trafficking;’’; ‘‘(3) the term ‘information sharing and tems from cybersecurity risks; (2) in subsection (c)— analysis organization’ has the meaning given ‘‘(4) shall regularly assess through oper- (A) in paragraph (2), by striking ‘‘, (a)(3), the term in section 212(5); and ational test and evaluation in real world or or (a)(6)’’ each place it appears and inserting ‘‘(4) the term ‘intelligence community’ has simulated environments available advanced ‘‘or (a)(3)’’; and the meaning given the term in section 3(4) of protective technologies to improve detection (B) in paragraph (4)— the National Security Act of 1947 (50 U.S.C. and prevention capabilities, including com- (i) in subparagraph (C)(i), by striking ‘‘or 3003(4)). mercial and non-commercial technologies an attempt to commit an offense’’; and ‘‘(b) INTRUSION ASSESSMENT PLAN.— and detection technologies beyond signa- (ii) in subparagraph (D), by striking clause ‘‘(1) REQUIREMENT.—The Secretary, in co- ture-based detection, and utilize such tech- (ii) and inserting the following: ordination with the Director of the Office of nologies when appropriate;

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‘‘(5) shall establish a pilot to acquire, test, each agency shall apply and continue to uti- (1) IN GENERAL.—Consistent with policies, and deploy, as rapidly as possible, tech- lize the capabilities to all information trav- standards, guidelines, and directives on in- nologies described in paragraph (4); eling between an agency information system formation security under subchapter II of ‘‘(6) shall periodically update the privacy and any information system other than an chapter 35 of title 44, United States Code, impact assessment required under section agency information system; and and the standards and guidelines promul- 208(b) of the E-Government Act of 2002 (44 (B) not later than 6 months after the date gated under section 11331 of title 40, United U.S.C. 3501 note); and on which the Secretary makes available im- States Code, and except as provided in para- ‘‘(7) shall ensure that— provements to the intrusion detection and graph (2), not later than 1 year after the date ‘‘(A) activities carried out under this sec- prevention capabilities pursuant to section of enactment of this Act, the head of each tion are reasonably necessary for the pur- 230(b)(2) of the Homeland Security Act of agency shall— pose of protecting agency information and 2002, as added by subsection (a), the head of (A) identify sensitive and mission critical agency information systems from a cyberse- each agency shall apply and continue to uti- data stored by the agency consistent with curity risk; lize the improved intrusion detection and the inventory required under the first sub- ‘‘(B) information accessed by the Secretary prevention capabilities. section (c) (relating to the inventory of will be retained no longer than reasonably (2) EXCEPTION.—The requirements under major information systems) and the second necessary for the purpose of protecting agen- paragraph (1) shall not apply to the Depart- subsection (c) (relating to the inventory of cy information and agency information sys- ment of Defense or an element of the intel- information systems) of section 3505 of title tems from a cybersecurity risk; ligence community. 44, United States Code; ‘‘(C) notice has been provided to users of an (d) TABLE OF CONTENTS AMENDMENT.—The (B) assess access controls to the data de- agency information system concerning ac- table of contents in section 1(b) of the Home- scribed in subparagraph (A), the need for cess to communications of users of the agen- land Security Act of 2002 (6 U.S.C. 101 note) readily accessible storage of the data, and in- cy information system for the purpose of is amended by striking the items relating to dividuals’ need to access the data; protecting agency information and the agen- the first section designated as section 226, (C) encrypt or otherwise render indecipher- cy information system; and the second section designated as section 226 able to unauthorized users the data described ‘‘(D) the activities are implemented pursu- (relating to the national cybersecurity and in subparagraph (A) that is stored on or ant to policies and procedures governing the communications integration center), section transiting agency information systems; operation of the intrusion detection and pre- 227, and section 228 and inserting the fol- (D) implement a single sign-on trusted vention capabilities. lowing: identity platform for individuals accessing ‘‘(d) PRIVATE ENTITIES.— ‘‘Sec. 226. Cybersecurity recruitment and re- each public website of the agency that re- ‘‘(1) CONDITIONS.—A private entity de- tention. quires user authentication, as developed by scribed in subsection (c)(2) may not— ‘‘Sec. 227. National cybersecurity and com- the Administrator of General Services in col- ‘‘(A) disclose any network traffic munications integration center. laboration with the Secretary; and transiting or traveling to or from an agency ‘‘Sec. 228. Cybersecurity plans. (E) implement identity management con- information system to any entity without ‘‘Sec. 229. Clearances. sistent with section 504 of the Cybersecurity the consent of the Department or the agency ‘‘Sec. 230. Federal intrusion detection and Enhancement Act of 2014 (15 U.S.C. 7464), in- that disclosed the information under sub- prevention system.’’. cluding multi-factor authentication, for— section (c)(1); or SEC. 204. ADVANCED INTERNAL DEFENSES. (i) remote access to an agency information ‘‘(B) use any network traffic transiting or (a) ADVANCED NETWORK SECURITY TOOLS.— system; and traveling to or from an agency information (1) IN GENERAL.—The Secretary shall in- (ii) each user account with elevated privi- system to which the private entity gains ac- clude in the Continuous Diagnostics and leges on an agency information system. cess in accordance with this section for any Mitigation Program advanced network secu- (2) EXCEPTION.—The requirements under purpose other than to protect agency infor- rity tools to improve visibility of network paragraph (1) shall not apply to— mation and agency information systems activity, including through the use of com- (A) the Department of Defense or an ele- against cybersecurity risks or to administer mercial and free or open source tools, to de- ment of the intelligence community; or a contract or other agreement entered into tect and mitigate intrusions and anomalous (B) an agency information system for pursuant to subsection (c)(2) or as part of an- activity. which— other contract with the Secretary. (2) DEVELOPMENT OF PLAN.—The Director (i) the head of the agency has personally certified to the Director with particularity ‘‘(2) LIMITATION ON LIABILITY.—No cause of shall develop and implement a plan to ensure action shall lie in any court against a pri- that each agency utilizes advanced network that— vate entity for assistance provided to the security tools, including those described in (I) operational requirements articulated in the certification and related to the agency Secretary in accordance with this section paragraph (1), to detect and mitigate intru- information system would make it exces- and any contract or agreement entered into sions and anomalous activity. sively burdensome to implement the cyber- pursuant to subsection (c)(2). (b) IMPROVED METRICS.—The Secretary, in security requirement; ‘‘(3) RULE OF CONSTRUCTION.—Nothing in collaboration with the Director, shall review (II) the cybersecurity requirement is not paragraph (2) shall be construed to authorize and update the metrics used to measure se- necessary to secure the agency information an Internet service provider to break a user curity under section 3554 of title 44, United system or agency information stored on or agreement with a customer without the con- States Code, to include measures of intru- transiting it; and sent of the customer. sion and incident detection and response (III) the agency has all taken necessary ‘‘(e) ATTORNEY GENERAL REVIEW.—Not times. later than 1 year after the date of enactment (c) TRANSPARENCY AND ACCOUNTABILITY.— steps to secure the agency information sys- of this section, the Attorney General shall The Director, in consultation with the Sec- tem and agency information stored on or review the policies and guidelines for the retary, shall increase transparency to the transiting it; and program carried out under this section to en- public on agency cybersecurity posture, in- (ii) the head of the agency or the designee sure that the policies and guidelines are con- cluding by increasing the number of metrics of the head of the agency has submitted the sistent with applicable law governing the ac- available on Federal Government perform- certification described in clause (i) to the ap- quisition, interception, retention, use, and ance websites and, to the greatest extent propriate congressional committees and the disclosure of communications.’’. practicable, displaying metrics for depart- authorizing committees of the agency. (b) PRIORITIZING ADVANCED SECURITY ment components, small agencies, and micro (3) RULES OF CONSTRUCTION.—Nothing in TOOLS.—The Director and the Secretary, in agencies. this section shall be construed— consultation with appropriate agencies, (d) MAINTENANCE OF TECHNOLOGIES.—Sec- (A) to alter the authority of the Secretary, shall— tion 3553(b)(6)(B) of title 44, United States the Director, or the Director of the National (1) review and update governmentwide Code, is amended by inserting ‘‘, operating, Institute of Standards and Technology in im- policies and programs to ensure appropriate and maintaining’’ after ‘‘deploying’’. plementing subchapter II of chapter 35 of prioritization and use of network security SEC. 205. FEDERAL CYBERSECURITY REQUIRE- title 44, United States Code; monitoring tools within agency networks; MENTS. (B) to affect the National Institute of and (a) IMPLEMENTATION OF FEDERAL CYBERSE- Standards and Technology standards process (2) brief appropriate congressional commit- CURITY STANDARDS.—Consistent with section or the requirement under section 3553(a)(4) of tees on such prioritization and use. 3553 of title 44, United States Code, the Sec- title 44, United States Code; or (c) AGENCY RESPONSIBILITIES.— retary, in consultation with the Director, (C) to discourage continued improvements (1) IN GENERAL.—Except as provided in shall exercise the authority to issue binding and advancements in the technology, stand- paragraph (2)— operational directives to assist the Director ards, policies, and guidelines used to pro- (A) not later than 1 year after the date of in ensuring timely agency adoption of and mote Federal information security. enactment of this Act or 2 months after the compliance with policies and standards pro- SEC. 206. ASSESSMENT; REPORTS. date on which the Secretary makes available mulgated under section 11331 of title 40, (a) DEFINITIONS.—In this section— the intrusion detection and prevention capa- United States Code, for securing agency in- (1) the term ‘‘intrusion assessments’’ bilities under section 230(b)(1) of the Home- formation systems. means actions taken under the intrusion as- land Security Act of 2002, as added by sub- (b) CYBERSECURITY REQUIREMENTS AT AGEN- sessment plan to identify and remove intrud- section (a), whichever is later, the head of CIES.— ers in agency information systems;

VerDate Sep 11 2014 06:29 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00091 Fmt 0637 Sfmt 0634 E:\CR\FM\A05AU6.056 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE S6418 CONGRESSIONAL RECORD — SENATE August 5, 2015 (2) the term ‘‘intrusion assessment plan’’ (II) the number of instances in which the sional committees, the Select Committee on means the plan required under section intrusion detection and prevention capabili- Intelligence of the Senate, and the Perma- 228(b)(1) of the Homeland Security Act of ties prevented network traffic associated nent Select Committee on Intelligence of the 2002, as added by section 203(a) of this Act; with a cybersecurity risk from transiting or House of Representatives a report that in- and traveling to or from an agency information cludes the findings under paragraph (1). (3) the term ‘‘intrusion detection and pre- system and the types of indicators, identi- (b) FORM.—The report submitted under vention capabilities’’ means the capabilities fiers, and techniques used to detect such subsection (a)(2) shall be in unclassified required under section 230(b) of the Home- agency information systems. form, and shall include a classified annex. land Security Act of 2002, as added by section (2) OMB REPORT ON DEVELOPMENT AND IM- (c) EXCEPTION.—The requirements under 203(a) of this Act. PLEMENTATION OF INTRUSION ASSESSMENT subsection (a)(1) shall not apply to the De- (b) THIRD PARTY ASSESSMENT.—Not later PLAN, ADVANCED INTERNAL DEFENSES, AND partment of Defense or an element of the in- than 3 years after the date of enactment of FEDERAL CYBERSECURITY BEST PRACTICES.— telligence community. this Act, the Government Accountability Of- The Director shall— SEC. 209. DIRECTION TO AGENCIES. fice shall conduct a study and publish a re- (A) not later than 6 months after the date (a) IN GENERAL.—Section 3553 of title 44, port on the effectiveness of the approach and of enactment of this Act, and 30 days after United States Code, is amended by adding at strategy of the Federal Government to se- any update thereto, submit the intrusion as- curing agency information systems, includ- the end the following: sessment plan to the appropriate congres- ‘‘(h) DIRECTION TO AGENCIES.— ing the intrusion detection and prevention sional committees; capabilities and the intrusion assessment ‘‘(1) AUTHORITY.— (B) not later than 1 year after the date of ‘‘(A) IN GENERAL.—Subject to subparagraph plan. enactment of this Act, and annually there- (c) REPORTS TO CONGRESS.— (B), in response to a known or reasonably after, submit to Congress, as part of the re- (1) INTRUSION DETECTION AND PREVENTION suspected information security threat, vul- port required under section 3553(c) of title 44, CAPABILITIES.— nerability, or incident that represents a sub- United States Code— (A) SECRETARY OF HOMELAND SECURITY RE- stantial threat to the information security (i) a description of the implementation of PORT.—Not later than 6 months after the of an agency, the Secretary may issue an the intrusion assessment plan; date of enactment of this Act, and annually emergency directive to the head of an agency (ii) the findings of the intrusion assess- thereafter, the Secretary shall submit to the to take any lawful action with respect to the ments conducted pursuant to the intrusion appropriate congressional committees a re- operation of the information system, includ- port on the status of implementation of the assessment plan; ing such systems owned or operated by an- intrusion detection and prevention capabili- (iii) advanced network security tools in- other entity on behalf of an agency, that col- ties, including— cluded in the Continuous Diagnostics and lects, processes, stores, transmits, dissemi- (i) a description of privacy controls; Mitigation Program pursuant to section nates, or otherwise maintains agency infor- (ii) a description of the technologies and 204(a)(1); mation, for the purpose of protecting the in- capabilities utilized to detect cybersecurity (iv) the results of the assessment of the formation system from, or mitigating, an in- risks in network traffic, including the extent Secretary of best practices for Federal cy- formation security threat. to which those technologies and capabilities bersecurity pursuant to section 205(a); and ‘‘(B) EXCEPTION.—The authorities of the include existing commercial and non-com- (v) a list by agency of compliance with the Secretary under this subsection shall not mercial technologies; requirements of section 205(b); and apply to a system described in paragraph (2) (iii) a description of the technologies and (C) not later than 1 year after the date of or (3) of subsection (e). capabilities utilized to prevent network traf- enactment of this Act, submit to the appro- ‘‘(2) PROCEDURES FOR USE OF AUTHORITY.— fic associated with cybersecurity risks from priate congressional committees— The Secretary shall— transiting or traveling to or from agency in- (i) a copy of the plan developed pursuant to ‘‘(A) in coordination with the Director, es- formation systems, including the extent to section 204(a)(2); and tablish procedures governing the cir- which those technologies and capabilities in- (ii) the improved metrics developed pursu- cumstances under which a directive may be clude existing commercial and non-commer- ant to section 204(b). issued under this subsection, which shall in- cial technologies; SEC. 207. TERMINATION. clude— (iv) a list of the types of indicators or (a) IN GENERAL.—The authority provided ‘‘(i) thresholds and other criteria; other identifiers or techniques used to detect under section 230 of the Homeland Security ‘‘(ii) privacy and civil liberties protections; cybersecurity risks in network traffic Act of 2002, as added by section 203(a) of this and transiting or traveling to or from agency in- Act, and the reporting requirements under ‘‘(iii) providing notice to potentially af- formation systems on each iteration of the section 206(c) shall terminate on the date fected third parties; intrusion detection and prevention capabili- that is 7 years after the date of enactment of ‘‘(B) specify the reasons for the required ties and the number of each such type of in- this Act. action and the duration of the directive; (b) RULE OF CONSTRUCTION.—Nothing in dicator, identifier, and technique; ‘‘(C) minimize the impact of a directive subsection (a) shall be construed to affect (v) the number of instances in which the the limitation of liability of a private entity under this subsection by— intrusion detection and prevention capabili- for assistance provided to the Secretary ‘‘(i) adopting the least intrusive means ties detected a cybersecurity risk in network under section 230(d)(2) of the Homeland Secu- possible under the circumstances to secure traffic transiting or traveling to or from rity Act of 2002, as added by section 203(a) of the agency information systems; and agency information systems and the number this Act, if such assistance was rendered be- ‘‘(ii) limiting directives to the shortest pe- of times the intrusion detection and preven- fore the termination date under subsection riod practicable; tion capabilities blocked network traffic as- (a) or otherwise during a period in which the ‘‘(D) notify the Director and the head of sociated with cybersecurity risk; and assistance was authorized. any affected agency immediately upon the (vi) a description of the pilot established SEC. 208. IDENTIFICATION OF INFORMATION SYS- issuance of a directive under this subsection; under section 230(c)(5) of the Homeland Secu- TEMS RELATING TO NATIONAL SE- ‘‘(E) consult with the Director of the Na- rity Act of 2002, as added by section 203(a) of CURITY. tional Institute of Standards and Technology this Act, including the number of new tech- (a) IN GENERAL.—Except as provided in regarding any directive issued under this nologies tested and the number of partici- subsection (c), not later than 180 days after subsection that implements standards and pating agencies. the date of enactment of this Act— guidelines developed by the National Insti- (B) OMB REPORT.—Not later than 18 (1) the Director of National Intelligence, in tute of Standards and Technology; months after the date of enactment of this coordination with the heads of other agen- ‘‘(F) ensure that directives issued under Act, and annually thereafter, the Director cies, shall— this subsection do not conflict with the shall submit to Congress, as part of the re- (A) identify all unclassified information standards and guidelines issued under sec- port required under section 3553(c) of title 44, systems that provide access to information tion 11331 of title 40; United States Code, an analysis of agency that may provide an adversary with the abil- ‘‘(G) consider any applicable standards or application of the intrusion detection and ity to derive information that would other- guidelines developed by the National Insti- prevention capabilities, including— wise be considered classified; tute of Standards and issued by the Sec- (i) a list of each agency and the degree to (B) assess the risks that would result from retary of Commerce under section 11331 of which each agency has applied the intrusion the breach of each unclassified information title 40; and detection and prevention capabilities to an system identified in subparagraph (A); and ‘‘(H) not later than February 1 of each agency information system; and (C) assess the cost and impact on the mis- year, submit to the appropriate congres- (ii) a list by agency of— sion carried out by each agency that owns an sional committees a report regarding the (I) the number of instances in which the in- unclassified information system identified in specific actions the Secretary has taken pur- trusion detection and prevention capabilities subparagraph (A) if the system were to be suant to paragraph (1)(A). detected a cybersecurity risk in network subsequently designated as a national secu- ‘‘(3) IMMINENT THREATS.— traffic transiting or traveling to or from an rity system, as defined in section 11103 of ‘‘(A) IN GENERAL.—Notwithstanding section agency information system and the types of title 40, United States Code; and 3554, the Secretary may authorize the use of indicators, identifiers, and techniques used (2) the Director of National Intelligence protective capabilities under the control of to detect such cybersecurity risks; and shall submit to the appropriate congres- the Secretary for communications or other

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(1) APPROPRIATE COMMITTEES OF CON- ‘‘(i) the Secretary determines that there is ‘‘(v) emergency directives issued by the GRESS.—The term ‘‘appropriate committees an imminent threat to agency information Secretary under section 3553(h); and’’. of Congress’’ means— systems; (A) the Committee on Foreign Relations, ‘‘(ii) the Secretary determines that a direc- SA 2628. Mr. WYDEN submitted an the Select Committee on Intelligence, and tive issued under subsection (b)(2)(C) or para- amendment intended to be proposed by the Committee on Homeland Security and graph (1)(A) is not reasonably likely to re- Governmental Affairs of the Senate; and him to the bill S. 754, to improve cyber- (B) the Committee on Foreign Affairs, the sult in a timely response to the threat; security in the United States through ‘‘(iii) the Secretary determines that the Committee on Homeland Security, and the risk posed by the imminent threat outweighs enhanced sharing of information about Permanent Select Committee on Intelligence any adverse consequences reasonably ex- cybersecurity threats, and for other of the House of Representatives. pected to result from the use of protective purposes; which was ordered to lie on (2) DATA BREACH.—The term ‘‘data breach’’ capabilities under the control of the Sec- the table; as follows: means the data breach of systems of the Of- fice of Personnel Management that occurred retary; At the appropriate place, insert the fol- during fiscal year 2015 which resulted in the ‘‘(iv) the Secretary provides prior notice to lowing: the Director and the head and chief informa- theft of sensitive information of at least SEC. ll. RECONSIDERATION OF PROPOSED 21,500,000 Federal employees and their fami- tion officer (or equivalent official) of each RULE ON IMPLEMENTATION OF lies. agency to which specific actions will be WASSENAAR ARRANGEMENT 2013 (b) REQUIREMENT FOR REPORT.—Not later taken pursuant to this subparagraph, and no- PLENARY AGREEMENTS RELATING TO INTRUSION AND SURVEILLANCE than 30 days after date of the enactment of tifies the appropriate congressional commit- this Act, the President shall submit to the tees and authorizing committees of each ITEMS. (a) IN GENERAL.—Not later than 15 days appropriate committees of Congress and such agencies within 7 days of taking an ac- make available to the public a report that— tion under this subparagraph, of— after the date of the enactment of this Act, the Secretary of Commerce shall— (1) identifies the perpetrator, including any ‘‘(I) any action taken under this subpara- state sponsor, of the data breach; graph; and (1) review, and consider public comments received with respect to, the proposed rule of (2) includes a plan to impose penalties on ‘‘(II) the reasons for and duration and na- such perpetrator under United States law; ture of the action; the Bureau of Industry and Security, enti- tled ‘‘Wassenaar Arrangement 2013 Plenary and ‘‘(v) the action of the Secretary is con- (3) describes a strategy to initiate diplo- sistent with applicable law; and Agreements Implementation: Intrusion and Surveillance Items’’ and published on May matic discussions with any state sponsor of ‘‘(vi) the Secretary authorizes the use of the data breach. protective capabilities in accordance with 20, 2015 (80 Fed. Reg. 28,853); and (2) revise the proposed rule in accordance (c) ELEMENTS.—The report required by sub- the advance procedures established under section (a) shall include the following: with subsection (b). subparagraph (C). (1) Identification of any individual perpe- (b) REQUIREMENTS FOR REVISED RULE.—In ‘‘(B) LIMITATION ON DELEGATION.—The au- revising the proposed rule described in sub- trator of the data breach, by name and na- thority under subparagraph (A) may not be section (a)(1), the Secretary shall— tionality. delegated by the Secretary. (1) develop the revisions in close consulta- (2) Identification of any state sponsor of ‘‘(C) ADVANCE PROCEDURES.—The Secretary tion with civil society organizations, includ- the data breach, including each agency of shall, in coordination with the Director and ing privacy advocates, public and private the government of the state sponsor that was in consultation with the heads of agencies, sector technologists, security researchers, responsible for authorizing, performing, or establish procedures governing the cir- and public and private sector software devel- endorsing the data breach. cumstances under which the Secretary may opers; (3) A description of the actions proposed to authorize the use of protective capabilities (2) ensure that the proposed rule is— penalize each individual identified under under subparagraph (A). The Secretary shall (A) limited to the scope of the agreements paragraph (1) under United States law. submit the procedures to Congress. reached at the plenary meeting of the (4) The strategy required by subsection ‘‘(4) LIMITATION.—The Secretary may di- Wassenaar Arrangement on Export Controls (a)(3) shall include— rect or authorize lawful action or protective for Conventional Arms and Dual-Use Goods (A) a description of any action the Presi- capability under this subsection only to— and Technologies in December 2013; and dent has undertaken to initiate or carry out ‘‘(A) protect agency information from un- (B) consistent with the regulation of cyber- diplomatic discussions with any state spon- authorized access, use, disclosure, disrup- security items by other countries partici- sor identified under paragraph (2); and tion, modification, or destruction; or pating in the Wassenaar Arrangement, as ap- (B) a strategy to initiate or carry out dip- ‘‘(B) require the remediation of or protect propriate; lomatic discussions in high-level forums and against identified information security risks (3) exclude cybersecurity items available interactions during the 180-day period begin- with respect to— for mass-market purchase from regulation ning on the date of the enactment of this ‘‘(i) information collected or maintained under the proposed rule; and Act. by or on behalf of an agency; or (4) ensure that, before issuing a final rule— ‘‘(ii) that portion of an information system SA 2630. Mr. GARDNER submitted an (A) the proposed rule is available for public used or operated by an agency or by a con- amendment intended to be proposed by comment for not less than 60 days; and tractor of an agency or other organization (B) a public hearing is held on the proposed him to the bill S. 754, to improve cyber- on behalf of an agency. rule. security in the United States through ‘‘(i) ANNUAL REPORT TO CONGRESS.—Not enhanced sharing of information about later than February 1 of each year, the Di- (c) REGULATORY IMPACT ANALYSIS.— rector shall submit to the appropriate con- (1) IN GENERAL.—Not later than one year cybersecurity threats, and for other gressional committees a report regarding the after issuing a final rule based on the pro- purposes; which was ordered to lie on specific actions the Director has taken pur- posed rule described in subsection (a)(1) and the table; as follows: suant to subsection (a)(5), including any ac- revised in accordance with subsection (b), At the appropriate place, insert the fol- tions taken pursuant to section 11303(b)(5) of the Secretary shall conduct a regulatory im- lowing: title 40. pact analysis of the effects of the rule on the SEC. lll. BIENNIAL CYBER REVIEW. development and export of cybersecurity ‘‘(j) APPROPRIATE CONGRESSIONAL COMMIT- (a) REQUIREMENT FOR REVIEW.—Beginning TEES.—In this section, the term ‘appropriate items. in 2016 and not less frequently than once congressional committees’ means— (2) PUBLIC AVAILABILITY.—The Secretary every two years thereafter, the President ‘‘(1) the Committee on Appropriations, the shall make the analysis required by para- shall complete a review of the cyber posture Committee on Homeland Security and Gov- graph (1) available to the public. of the United States, including an unclassi- ernmental Affairs, and the Committee on fied summary of roles, missions, accomplish- Commerce, Science, and Transportation of SA 2629. Mr. GARDNER submitted an ments, plans, and programs. the Senate; and amendment intended to be proposed by (b) PURPOSES.—The purposes of each such ‘‘(2) the Committee on Appropriations, the him to the bill S. 754, to improve cyber- review are— Committee on Homeland Security, the Com- security in the United States through (1) to assess the cyber security of the mittee on Oversight and Government Re- enhanced sharing of information about United States; form, and the Committee on Science, Space, cybersecurity threats, and for other (2) to determine and express the cyber strategy of the United States; and and Technology of the House of Representa- purposes; which was ordered to lie on tives.’’. (3) to establish a revised cyber program for (b) TECHNICAL AMENDMENT.—Section the table; as follows: the next 2-year period. 3554(a)(1)(B) of title 44, United States Code, is At the appropriate place, insert the fol- (c) CONTENT.—Each review required by sub- amended— lowing: section (a) shall include—

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(1) a comprehensive examination of the (c) DUTIES.—The Cybersecurity Advisory curity, and fosters free expression and inno- cyber strategy, force structure, personnel, Panel shall advise the President on matters vation.’’. modernization plans, infrastructure, and relating to the national cybersecurity pro- (2) A plan of action to guide the diplomacy budget plan of the United States; gram and strategy and shall assess— of the Secretary of State, with regard to for- (2) an assessment of the ability of the (1) trends and developments in cybersecu- eign countries, including conducting bilat- United States to recover from a cyber emer- rity science research and development; eral and multilateral activities to develop gency; (2) progress made in implementing the the norms of responsible international be- (3) an assessment of other elements of the strategy; havior in cyberspace, and status review of cyber program of the United States; (3) the need to revise the strategy; existing discussions in multilateral fora to (4) an assessment of critical national secu- (4) the readiness and capacity of the Fed- obtain agreements on international norms in rity infrastructure and data that is vulner- eral and national workforces to implement cyberspace. able to cyberattacks and cybertheft; and the national cybersecurity program and (3) A review of the alternative concepts (5) an assessment of international engage- strategy, and the steps necessary to improve with regard to international norms in cyber- ment efforts to establish viable norms of be- workforce readiness and capacity; space offered by foreign countries that are havior in cyberspace to implement the 2011 (5) the balance among the components of prominent actors, including China, Russia, International Strategy for Cyberspace. the national strategy, including funding for Brazil, and India. (d) INVOLVEMENT OF CYBERSECURITY ADVI- program components; (4) A detailed description of threats to SORY PANEL.— (6) whether the strategy, priorities, and United States national security in cyber- (1) REQUIREMENT TO INFORM.—The Presi- goals are helping to maintain United States space from foreign countries, state-spon- dent shall inform the Cybersecurity Advi- leadership and defense in cybersecurity; sored actors, and private actors to Federal sory Panel established or designated under (7) the management, coordination, imple- and private sector infrastructure of the section lll, on an ongoing basis, of the ac- mentation, and activities of the strategy; United States, intellectual property in the tions carried out to conduct each review re- (8) whether the concerns of Federal, State, United States, and the privacy of citizens of quired by subsection (a). and local law enforcement entities are ade- the United States. (2) ASSESSMENT PRIOR TO COMPLETION OF quately addressed; and (5) A review of policy tools available to the REVIEW.—Not later than 1 year prior to the (9) whether societal and civil liberty con- President to deter foreign countries, state- date of completion of each review required cerns are adequately addressed. sponsored actors, and private actors, includ- by subsection (a), the Chairman of the Cy- (d) REPORTS.—Not less frequently than ing those outlined in Executive Order 13694, bersecurity Advisory Panel shall submit to once every 4 years, the Cybersecurity Advi- released on April 1, 2015. the President, the assessment of such Panel sory Panel shall submit to the President a (6) A review of resources required by the of actions carried out to conduct the review report on its assessments under subsection Secretary, including the Office of the Coordi- as of the date of the submission, including (c) and its recommendations for ways to im- nator for Cyber Issues, to conduct activities any recommendations of the Panel for im- prove the strategy. to build responsible norms of international provements to the review or for additional (e) TRAVEL EXPENSES OF NON-FEDERAL cyber behavior. matters to be covered in the review. MEMBERS.—Non-Federal members of the Cy- (c) CONSULTATION.—In preparing the strat- (3) ASSESSMENT OF COMPLETED REVIEW.—At bersecurity Advisory Panel, while attending egy required by subsection (a), the Secretary the time each review required by subsection meetings of the Panel or while otherwise of State shall consult, as appropriate, with (a) is completed and in time to be included in serving at the request of the head of the other agencies and departments of the a report required by subsection (d), the Panel while away from their homes or reg- United States and the private sector and Chairman of the Cybersecurity Advisory ular places of business, may be allowed trav- nongovernmental organizations in the Panel shall submit to the President, on be- el expenses, including per diem in lieu of United States with recognized credentials half of the Panel, an assessment of such re- subsistence, as authorized by section 5703 of and expertise in foreign policy, national se- view. title 5, United States Code, for individuals in curity, and cybersecurity. (e) REPORT.—Not later than September 30, the Government serving without pay. Noth- (d) FORM OF STRATEGY.—The strategy re- 2016, and not less frequently than once every ing in this subsection shall be construed to quired by subsection (a) shall be in unclassi- two years thereafter, the President shall submit to Congress a comprehensive report prohibit members of the Panel who are offi- fied form, but may include a classified on each review required by subsection (a). cers or employees of the United States from annex. Each report shall include— being allowed travel expenses, including per (e) AVAILABILITY OF INFORMATION.—The (1) the results of the review, including a diem in lieu of subsistence, in accordance Secretary of State shall— comprehensive discussion of the cyber strat- with law. (1) make the strategy required in sub- egy of the United States and the collabora- (f) EXEMPTION FROM FACA SUNSET.—Sec- section (a) available the public; and tion between the public and private sectors tion 14 of the Federal Advisory Committee (2) brief the Committee on Foreign Rela- best suited to implement that strategy; Act (5 U.S.C. App.) shall not apply to the Cy- tions of the Senate and the Committee on (2) a description of the threats examined bersecurity Advisory Panel. Foreign Affairs of the House of Representa- for purposes of the review and the scenarios tives on the strategy, including any material developed in the examination of such SA 2631. Mr. GARDNER (for himself contained in a classified annex. threats; and Mr. CARDIN) submitted an amend- (3) the assumptions used in the review, in- ment intended to be proposed by him SA 2632. Mr. TESTER (for himself cluding assumptions relating to the coopera- to the bill S. 754, to improve cybersecu- and Mr. FRANKEN) submitted an tion of other countries and levels of accept- rity in the United States through en- amendment intended to be proposed by able risk; and hanced sharing of information about him to the bill S. 754, to improve cyber- (4) the assessment of the Cybersecurity Ad- cybersecurity threats, and for other security in the United States through visory Panel submitted under subsection purposes; which was ordered to lie on enhanced sharing of information about (c)(3). the table; as follows: cybersecurity threats, and for other SEC. lll. CYBERSECURITY ADVISORY PANEL. purposes; which was ordered to lie on (a) IN GENERAL.—The President shall es- At the appropriate place, insert the fol- tablish or designate a Cybersecurity Advi- lowing: the table; as follows: sory Panel. SEC. lll. DEPARTMENT OF STATE INTER- On page 40, between lines 12 and 13, insert (b) APPOINTMENT.—The President— NATIONAL CYBERSPACE POLICY the following: (1) shall appoint as members of the Cyber- STRATEGY. (i) The number of cyber threat indicators security Advisory Panel representatives of (a) IN GENERAL.—Not later than 90 days and defensive measures shared under this industry, academic, nonprofit organizations, after the date of the enactment of this Act, Act, including a breakdown of— interest groups, and advocacy organizations, the Secretary of State shall produce a com- (I) the total number of cyber threat indica- and State and local governments who are prehensive strategy relating to United tors shared through the capability described qualified to provide advice and information States international policy with regard to in section 5(c); on cybersecurity research, development, cyberspace. (II) a good faith estimate of the number of demonstrations, education, personnel, tech- (b) ELEMENTS.—The strategy required by cyber threat indicators shared by entities nology transfer, commercial application, or subsection (a) shall include the following: with civilian Federal entities through capa- societal and civil liberty concerns; (1) A review of actions and activities un- bilities other than those described in section (2) shall appoint a Chairman of the Panel dertaken by the Secretary of State to date 5(c); from among the members of the Panel; and to support the goal of the President’s Inter- (III) a good faith estimate of the number of (3) may seek and give consideration to rec- national Strategy for Cyberspace, released in cyber threat indicators shared by entities ommendations for appointments to the May 2011, to ‘‘work internationally to pro- with military Federal entities through capa- Panel from Congress, industry, the cyberse- mote an open, interoperable, secure, and reli- bilities other than those described in section curity community, the defense community, able information and communications infra- 5(c); State and local governments, and other ap- structure that supports international trade (IV) the number of times personal informa- propriate organizations. and commerce, strengthens international se- tion or information that identifies a specific

VerDate Sep 11 2014 06:29 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00094 Fmt 0637 Sfmt 0634 E:\CR\FM\A05AU6.060 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE August 5, 2015 CONGRESSIONAL RECORD — SENATE S6421 person was removed from a cyber threat in- assisting in the placing of any bet or SA 2636. Mr. BROWN submitted an dicator shared under section 5(c); wager,’’; amendment intended to be proposed by (V) an assessment of the extent to which (B) by striking ‘‘result of bets or wagers’’ him to the bill S. 754, to improve cyber- personal information or information that and inserting ‘‘result of any bet or wager’’; security in the United States through identifies a specific person was shared under and this Act though such information was not (C) by striking ‘‘or for information assist- enhanced sharing of information about necessary to describe or mitigate a cyberse- ing in the placing of bets or wagers,’’; and cybersecurity threats, and for other curity threat or security vulnerability; (2) by striking subsection (e) and inserting purposes; which was ordered to lie on (VI) a report on any known harms caused the following: the table; as follows: by any defensive measure operated or shared ‘‘(e) As used in this section— On page 49, between lines 3 and 4, add the under the authority of this Act; ‘‘(1) the term ‘bet or wager’ does not in- following: (VII) the total number of times that infor- clude any activities set forth in section (n) RULE OF CONSTRUCTION.—Nothing in mation shared under this Act was used to 5362(1)(E) of title 31; this Act shall be construed to limit or mod- prevent, investigate, disrupt, or prosecute ‘‘(2) the term ‘State’ means a State of the ify the authority of the appropriate Federal any offense under title 18, United States United States, the District of Columbia, the financial institutions regulatory agency (as Code, including an offense under section 1028, Commonwealth of Puerto Rico, or a com- defined in section 8(e)(7)(D) of the Federal 1028A, or 1029, or chapter 37or 90 of such title monwealth, territory, or possession of the Deposit Insurance Act (12 U.S.C. 18; and United States; 1818(e)(7)(D))) to interpret, or take enforce- (VIII) the total number of times that infor- ‘‘(3) the term ‘uses a wire communication ment action under, any other provision of mation shared under this Act was used to facility for the transmission in interstate or Federal law for the purposes of— prevent, investigate, disrupt, or prosecute a foreign commerce of any bet or wager’ in- (1) safety and soundness; or terrorism offense under chapter 113B of title cludes any transmission over the Internet (2) consumer protection. 18, United States Code. carried interstate or in foreign commerce, incidentally or otherwise; and SA 2637. Mr. BROWN submitted an SA 2633. Ms. AYOTTE (for Mr. GRA- ‘‘(4) the term ‘wire communication’ has the amendment intended to be proposed by HAM) submitted an amendment in- meaning given the term in section 3 of the him to the bill S. 754, to improve cyber- tended to be proposed by Ms. AYOTTE to Communications Act of 1934 (47 U.S.C. 153).’’. (c) RULE OF CONSTRUCTION.—Nothing in security in the United States through the bill S. 754, to improve cybersecu- this section, or the amendments made by enhanced sharing of information about rity in the United States through en- this section, shall be construed— cybersecurity threats, and for other hanced sharing of information about (1) to preempt any State law prohibiting purposes; which was ordered to lie on cybersecurity threats, and for other gambling; or the table; as follows: (2) to alter, limit, or extend— purposes; which was ordered to lie on On page 12, after line 23, add the following: (A) the relationship between the Interstate the table; as follows: (d) COLLABORATION BETWEEN INFORMATION Horseracing Act of 1978 (15 U.S.C. 3001 et At the end of section 9, add the following: SHARING AND ANALYSIS CENTERS.— seq.) and other Federal laws in effect on the (f) ASSESSMENT.—The report required (1) DEFINITIONS.—In this subsection— date of enactment of this Act; under subsection (a) shall include an assess- (A) the term ‘‘critical infrastructure sec- (B) the ability of a State licensed lottery ment of the implications of the Memo- tor’’ means any sector identified as a critical (including in conjunction with its supplier) randum Opinion for the Assistant Attorney infrastructure sector in Presidential Policy or State licensed retailer to make on-prem- General dated September 20, 2011, for cyber- Directive–21, issued February 12, 2013 (or any ises retail lottery sales, including through a security, including the potential for thefts of successor thereto); and self-service retail lottery terminal, or to personally identifiable information and for (B) the term ‘‘Sector-Specific Agency’’ has transmit information ancillary to such sales the creation of opportunities for organized the meaning given the term in Presidential (including information relating to subscrip- crime and terrorist groups to generate rev- Policy Directive–21, issued dated February tions or fulfillment of game play), in accord- enue and launder money through related on- 12, 2013 (or any successor thereto). ance with applicable Federal and State laws; line activities; provided that the Department (2) COLLABORATION.—The Sector-Specific (C) the ability of a State licensed gaming of Justice shall not follow such Opinion with Agencies associated with critical infrastruc- establishment or a tribal gaming establish- respect to which activities are covered by ture sectors shall facilitate collaboration be- ment to transmit information assisting in section 1084 of title 18, United States Code, tween the sector-specific information shar- the placing of a bet or wager on the physical until 18 months after such report has been ing and analysis centers to share cyber premises of the establishment, in accordance received and the President certifies to Con- threat information across sectors. with applicable Federal and State laws; or gress that the Director of National Intel- (3) FINANCIAL SERVICES INFORMATION SHAR- (D) the relationship between Federal laws ligence, the Director of the Federal Bureau ING AND ANALYSIS CENTER.—As the head of and State charitable gaming laws. of Investigation, and the Secretary of Home- the Sector-Specific Agency for the financial land Security are in agreement that the Mr. BROWN submitted an sector under Presidential Policy Directive– Opinion will not increase the threat of thefts SA 2635. amendment intended to be proposed by 21, issued February 12, 2013, the Secretary of of personally identifiable information or the the Treasury shall collaborate with the pri- exploitation of online activities for criminal him to the bill S. 754, to improve cyber- vate sector to ensure that risks that may purposes, and that such agencies have suffi- security in the United States through impact the financial sector are shared appro- cient resources and legal tools to protect enhanced sharing of information about priately with entities in the financial sector, consumers from such threat, and deter such cybersecurity threats, and for other which shall include facilitating information criminal activities. purposes; which was ordered to lie on sharing between the Financial Services In- the table; as follows: formation Sharing and Analysis Center SA 2634. Ms. AYOTTE (for Mr. GRA- On page 46, between lines 15 and 16, insert and— HAM) submitted an amendment in- the following: (A) other information sharing and analysis tended to be proposed by Ms. AYOTTE to (g) FINANCIAL SERVICES INFORMATION SHAR- centers; and the bill S. 754, to improve cybersecu- ING AND ANALYSIS CENTER.—As the sector- (B) other information sharing and analysis rity in the United States through en- specific agency for the financial sector under organizations. hanced sharing of information about Presidential Policy Directive–21, issued Feb- SA 2638. Mr. BROWN submitted an cybersecurity threats, and for other ruary 12, 2013, the Department of the Treas- ury shall collaborate with the private sector amendment intended to be proposed by purposes; which was ordered to lie on to— him to the bill S. 754, to improve cyber- the table; as follows: (1) facilitate membership of depository in- security in the United States through At the appropriate place, insert the fol- stitutions (as defined in section 19(b)(1) of enhanced sharing of information about lowing: the Federal Reserve Act (12 U.S.C. 461(b)(1))) cybersecurity threats, and for other SEC. ll. RESTORATION OF AMERICA’S WIRE that have not more than $10,000,000,000 in ACT. total consolidated assets (in this subsection purposes; which was ordered to lie on (a) SHORT TITLE.—This section may be referred to as ‘‘small depository institu- the table; as follows: cited as the ‘‘Restoration of America’s Wire tions’’) in the Financial Services Informa- At the appropriate place, insert the fol- Act’’. tion Sharing and Analysis Center at no cost lowing: (b) WIRE ACT CLARIFICATION.—Section 1084 to the small depository institutions; and SEC. llll. IMPROVED REGULATION AND EX- of title 18, United States Code, is amended— (2) ensure that the Financial Services In- AMINATION OF SERVICE PRO- (1) in subsection (a)— formation Sharing and Analysis Center pro- VIDERS. (A) by striking ‘‘bets or wagers or informa- vides to its members that are small deposi- (a) BANK SERVICE COMPANY ACT.—Section 7 tion assisting in the placing of bets or wa- tory institutions information that is com- of the Bank Service Company Act (12 U.S.C. gers on any sporting event or contest,’’ and prehensible to and useable by small deposi- 1867) is amended by adding at the end the fol- inserting ‘‘any bet or wager, or information tory institutions. lowing:

VerDate Sep 11 2014 06:29 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00095 Fmt 0637 Sfmt 0634 E:\CR\FM\A05AU6.060 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE S6422 CONGRESSIONAL RECORD — SENATE August 5, 2015 ‘‘(e) REQUIRED EXAMINATIONS.— tional Estuary Program, and for other The PRESIDING OFFICER. Without ‘‘(1) IN GENERAL.—Except as provided in purposes; as follows: objection, it is so ordered. paragraph (3), the appropriate Federal bank- On page 3, line 17, strike ‘‘$27,000,000’’ and COMMITTEE ON HEALTH, EDUCATION, LABOR, ing agency shall, not less than once during insert ‘‘$26,000,000’’. AND PENSIONS each 12-month period, conduct a full-scope, on-site examination of each bank service f Ms. COLLINS. Mr. President, I ask company. NOTICE OF INTENT TO OBJECT TO unanimous consent that the Com- ‘‘(2) STATE EXAMINATIONS ACCEPTABLE.—Ex- PROCEEDING mittee on Health, Education, Labor, cept as provided in paragraph (3), the exami- and Pensions be authorized to meet nations required by paragraph (1) may be I, Senator CHARLES E. GRASSLEY, in- during the session of the Senate on Au- conducted in alternate 12-month periods, as tend to object to proceeding to the ap- gust 5, 2015, at 10 a.m., in room SD–430 appropriate, if the appropriate Federal bank- pointments of Bradley Duane of the Dirksen Senate Office Building ing agency determines that an examination Arsenault, Bret Thomas Campbell, to conduct a hearing entitled ‘‘Reau- of the bank service company conducted by Karen Stone Exel, Gloria Jean Gar- the State during the intervening 12-month thorizing the Higher Education Act: period carries out the purpose of this sub- land, Michael H. Hryshchyshyn, Jr., Opportunities to Improve Student Suc- section. Ying X. Hsu, Stephen S. Kelley, Mary cess.’’ ‘‘(3) 18-MONTH RULE FOR CERTAIN BANK SERV- Catherine Leherr, Denise G. Manning, The PRESIDING OFFICER. Without ICE COMPANIES.—The examinations conducted Paul Karlis Markovs, Scott Currie objection, it is so ordered. under paragraphs (1) and (2) shall be con- McNiven, Hanh Ngoc Nguyen, Denise COMMITTEE ON THE JUDICIARY ducted during an 18-month period, tailored Frances O’Toole, Marisol E. Perez, as needed to align with a lengthened exam- Ms. COLLINS. Mr. President, I ask Ronald F. Savage, Adam P. Schmidt, unanimous consent that the Com- ination cycle of a bank service company, if Anna Toness, Michael J. Torreano, the appropriate Federal banking agency de- mittee on the Judiciary be authorized termines that a bank service company— Nicholas John Vivio, and Jamshed to meet during the session of the Sen- ‘‘(A) was well managed at the most recent Zuberi to be Foreign Service Officers of ate on August 5, 2015, at 10 a.m., in examination of the bank service company; Class Two, dated August 5, 2015. room SD–106 of the Dirksen Senate Of- ‘‘(B) is not subject to a formal enforcement f fice Building to conduct a hearing enti- proceeding or order by the appropriate Fed- eral banking agency (as of the date on which AUTHORITY FOR COMMITTEES TO tled ‘‘ ‘All’ Means ‘All’: the Justice De- the determination is made); and MEET partment’s Failure to Comply With Its ‘‘(C) satisfies any other requirement that Legal Obligation to Ensure Inspector COMMITTEE ON ARMED SERVICES the appropriate Federal banking agency de- General Access to All Records Needed termines is appropriate. Ms. COLLINS. Mr. President, I ask for Independent Oversight.’’ ‘‘(4) AUTHORITY TO CONDUCT MORE FREQUENT unanimous consent that the Com- The PRESIDING OFFICER. Without EXAMINATIONS.—Each appropriate Federal mittee on Armed Services be author- objection, it is so ordered. banking agency may examine any bank serv- ized to meet during the session of the ice company as frequently as the appropriate Senate on August 5, 2015, at 9:30 a.m. f Federal banking agency determines is nec- The PRESIDING OFFICER. Without essary.’’. objection, it is so ordered. PRIVILEGES OF THE FLOOR (b) HOME OWNERS’ LOAN ACT.—Section 5(d)(7) of the Home Owners’ Loan Act (12 COMMITTEE ON BANKING, HOUSING, AND URBAN Mr. MURPHY. Mr. President, I ask U.S.C. 1464(d)(7)) is amended by adding at the AFFAIRS unanimous consent for my State De- end the following: Ms. COLLINS. Mr. President, I ask partment fellow, Tovan McDaniel, to ‘‘(F) REQUIRED EXAMINATIONS.— unanimous consent that the Com- be granted floor privileges for the re- ‘‘(i) IN GENERAL.—Except as provided in mittee on Banking, Housing, and mainder of this work period. clause (iii), the appropriate Federal banking Urban Affairs be authorized to meet The PRESIDING OFFICER. Without agency shall, not less than once during each during the session of the Senate on Au- objection, it is so ordered. 12-month period, conduct a full-scope, on- gust 5, 2015, at 10 a.m., to conduct a site examination of each service company. f ‘‘(ii) STATE EXAMINATIONS ACCEPTABLE.— hearing entitled ‘‘The Implications of Except as provided in clause (iii), the exami- Sanctions Relief Under The Iran Agree- GERARDO HERNANDEZ AIRPORT nations required by clause (i) may be con- ment.’’ SECURITY ACT OF 2015 ducted in alternate 12-month periods, as ap- The PRESIDING OFFICER. Without Mr. GARDNER. Mr. President, I ask propriate, if the appropriate Federal banking objection, it is so ordered. agency determines that an examination of unanimous consent that the Senate COMMITTEE ON ENVIRONMENT AND PUBLIC the service company conducted by the State proceed to the immediate consider- WORKS during the intervening 12-month period car- ation of Calendar No. 163, H.R. 720. ries out the purpose of this subparagraph. Ms. COLLINS. Mr. President, I ask The PRESIDING OFFICER. The ‘‘(iii) 18-MONTH RULE FOR CERTAIN SERVICE unanimous consent that the Com- clerk will report the bill by title. COMPANIES.—The examinations conducted mittee on Environment and Public The senior assistant legislative clerk under clauses (i) and (ii) shall be conducted Works be authorized to meet during read as follows: during an 18-month period, tailored as need- the session of the Senate on August 5, ed to align with a lengthened examination A bill (H.R. 720) to improve intergovern- 2015, at 10 a.m., in room SD–406 of the mental planning for and communication dur- cycle of a service company, if the appro- Dirksen Senate Office Building. priate Federal banking agency determines ing security incidents at domestic airports, that a service company— The PRESIDING OFFICER. Without and for other purposes. ‘‘(I) was well managed at the most recent objection, it is so ordered. There being no objection, the Senate examination of the service company; COMMITTEE ON FINANCE proceeded to consider the bill, which ‘‘(II) is not subject to a formal enforcement Ms. COLLINS. Mr. President, I ask had been reported from the Committee proceeding or order by the appropriate Fed- unanimous consent that the Com- on Commerce, Science, and Transpor- eral banking agency (as of the date on which mittee on Finance be authorized to the determination is made); and tation, with an amendment to strike ‘‘(III) satisfies any other requirement that meet during the session of the Senate all after the enacting clause and insert the appropriate Federal banking agency de- on August 5, 2015. in lieu thereof the following: termines is necessary. The PRESIDING OFFICER. Without SECTION 1. SHORT TITLE. ‘‘(iv) AUTHORITY TO CONDUCT MORE FRE- objection, it is so ordered. This Act may be cited as the ‘‘Gerardo Her- QUENT EXAMINATIONS.—Each appropriate Fed- COMMITTEE ON FOREIGN RELATIONS nandez Airport Security Act of 2015’’. eral banking agency may examine any serv- Ms. COLLINS. Mr. President, I ask SEC. 2. DEFINITIONS. ice company as frequently as the appropriate unanimous consent that the Com- In this Act: Federal banking agency determines is nec- (1) ASSISTANT SECRETARY.—The term ‘‘Assist- essary.’’. mittee on Foreign Relations be author- ized to meet during the session of the ant Secretary’’ means the Assistant Secretary of Homeland Security (Transportation Security) of SA 2639. Mr. WHITEHOUSE proposed Senate on August 5, 2015, at 2 p.m., to the Department of Homeland Security. an amendment to the bill S. 1523, to conduct a hearing entitled ‘‘Implica- (2) ADMINISTRATION.—The term ‘‘Administra- amend the Federal Water Pollution tions of the JCPOA for U.S. Policy in tion’’ means the Transportation Security Ad- Control Act to reauthorize the Na- the Middle East.’’ ministration.

VerDate Sep 11 2014 06:29 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00096 Fmt 0637 Sfmt 6333 E:\CR\FM\A05AU6.062 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE August 5, 2015 CONGRESSIONAL RECORD — SENATE S6423 SEC. 3. SECURITY INCIDENT RESPONSE AT AIR- the Committee on Homeland Security of the stitute be agreed to, the bill, as amend- PORTS. House of Representatives and the Committee on ed, be read a third time and passed, and (a) IN GENERAL.—The Assistant Secretary Commerce, Science, and Transportation of the that the motion to reconsider be con- shall, in consultation with other Federal agen- Senate an analysis of how the Administration sidered made and laid upon the table. cies as appropriate, conduct outreach to all air- can use cost savings achieved through effi- ports in the United States at which the Adminis- ciencies to increase over the next 5 fiscal years The PRESIDING OFFICER. Without tration performs, or oversees the implementation the funding available for checkpoint screening objection, it is so ordered. and performance of, security measures, and pro- law enforcement support reimbursable agree- The committee-reported amendment vide technical assistance as necessary, to verify ments. in the nature of a substitute was such airports have in place individualized work- SEC. 7. SECURITY INCIDENT RESPONSE FOR SUR- agreed to. ing plans for responding to security incidents FACE TRANSPORTATION SYSTEMS. The amendment was ordered to be inside the perimeter of the airport, including ac- (a) IN GENERAL.—The Assistant Secretary engrossed, and the bill to be read a tive shooters, acts of terrorism, and incidents shall, in consultation with the Secretary of third time. that target passenger-screening checkpoints. Transportation, and other relevant agencies, The bill was read the third time. (b) TYPES OF PLANS.—Such plans may in- conduct outreach to all passenger transpor- The bill (H.R. 720), as amended, was clude, but may not be limited to, the following: tation agencies and providers with high-risk fa- passed. (1) A strategy for evacuating and providing cilities, as identified by the Assistant Secretary, care to persons inside the perimeter of the air- to verify such agencies and providers have in f port, with consideration given to the needs of place plans to respond to active shooters, acts of REPRESENTATIVE PAYEE FRAUD persons with disabilities. terrorism, or other security-related incidents PREVENTION ACT OF 2015 (2) A plan for establishing a unified command, that target passengers. including identification of staging areas for (b) TYPES OF PLANS.—As applicable, such Mr. GARDNER. Mr. President, I ask non-airport-specific law enforcement and fire plans may include, but may not be limited to, unanimous consent that the Senate response. the following: proceed to the immediate consider- (3) A schedule for regular testing of commu- (1) A strategy for evacuating and providing ation of Calendar No. 167, S. 1576. nications equipment used to receive emergency care to individuals, with consideration given to The PRESIDING OFFICER. The calls. the needs of persons with disabilities. (4) An evaluation of how emergency calls (2) A plan for establishing a unified command. clerk will report the bill by title. placed by persons inside the perimeter of the (3) A plan for frontline employees to receive The senior assistant legislative clerk airport will reach airport police in an expedi- active shooter training. read as follows: tious manner. (4) A schedule for regular testing of commu- A bill (S. 1576) to amend title 5, United (5) A practiced method and plan to commu- nications equipment used to receive emergency States Code, to prevent fraud by representa- nicate with travelers and all other persons in- calls. tive payees. side the perimeter of the airport. (5) An evaluation of how emergency calls There being no objection, the Senate (6) To the extent practicable, a projected max- placed by individuals using the transportation proceeded to consider the bill, which imum timeframe for law enforcement response to system will reach police in an expeditious man- active shooters, acts of terrorism, and incidents ner. had been reported from the Committee that target passenger security-screening check- (6) A practiced method and plan to commu- on Homeland Security and Govern- points. nicate with individuals using the transportation mental Affairs, with amendments, as (7) A schedule of joint exercises and training system. follows: to be conducted by the airport, the Administra- (c) REPORT TO CONGRESS.—Not later than 180 (The parts of the bill intended to be tion, other stakeholders such as airport and air- days after the date of enactment of this Act, the stricken are shown in boldface brack- line tenants, and any relevant law enforcement, Assistant Secretary shall report to the Com- ets and the parts intended to be in- airport police, fire, and medical personnel. mittee on Homeland Security of the House of serted in the bill are shown in italic.) (8) A schedule for producing after-action joint Representatives and the Committee on Com- exercise reports to identify and determine how merce, Science, and Transportation of the Sen- S. 1576 to improve security incident response capabili- ate on the findings from its outreach to the Be it enacted by the Senate and House of Rep- ties. agencies and providers under subsection (a), in- resentatives of the United States of America in (9) A strategy, where feasible, for providing cluding an analysis of the level of preparedness Congress assembled, airport law enforcement with access to airport such transportation systems have to respond to SECTION 1. SHORT TITLE. security video surveillance systems at category security incidents. This Act may be cited as the ‘‘Representa- X airports where those systems were purchased (d) DISSEMINATION OF BEST PRACTICES.—The tive Payee Fraud Prevention Act of 2015’’. and installed using Administration funds. Assistant Secretary shall identify best practices SEC. 2. REPRESENTATIVE PAYEE FRAUD. (c) REPORT TO CONGRESS.—Not later than 180 for security incident planning, management, (a) IN GENERAL.— days after the date of the enactment of this Act, and training and establish a mechanism (1) CSRS.—Subchapter III of chapter 83 of the Assistant Secretary shall report to the Com- through which to share such practices with pas- title 5, United States Code, is amended by in- mittee on Homeland Security of the House of senger transportation agencies nationwide. serting after section 8345 the following: Representatives and the Committee on Com- SEC. 8. NO ADDITIONAL AUTHORIZATION OF AP- ‘‘§ 8345a. Embezzlement or conversion of pay- merce, Science, and Transportation of the Sen- PROPRIATIONS. ments No additional funds are authorized to be ap- ate on the findings from its outreach to airports ‘‘(a) IN GENERAL.—It shall be unlawful for under subsection (a), including an analysis of propriated to carry out this Act, and this Act any person that is authorized by the Office the level of preparedness such airports have to shall be carried out using amounts otherwise under section 8345(e) to receive payments on respond to security incidents, including active available for such purpose. behalf of a minor or an individual mentally shooters, acts of terrorism, and incidents that SEC. 9. INTEROPERABILITY REVIEW. incompetent or under other legal disability target passenger-screening checkpoints. (a) IN GENERAL.—Not later than 90 days after to embezzle or in any manner convert all or SEC. 4. DISSEMINATING INFORMATION ON BEST the date of enactment of this Act, the Assistant any part of the amounts received from such PRACTICES. Secretary shall, in consultation with the Assist- payments to a use other than for the use and The Assistant Secretary shall— ant Secretary of the Office of Cybersecurity and benefit of such minor or individual. (1) identify best practices that exist across air- Communications, conduct a review of the inter- ‘‘(b) PENALTY.—Any person who violates ports for security incident planning, manage- operable communications capabilities of the law subsection (a) shall be fined under title 18, ment, and training; and enforcement, fire, and medical personnel respon- imprisoned for not more than 5 years, or (2) establish a mechanism through which to sible for responding to a security incident, in- both. share such best practices with other airport op- cluding active shooter events, acts of terrorism, ‘‘(c) PRIMA FACIE EVIDENCE.—Any willful erators nationwide. and incidents that target passenger-screening neglect or refusal to make and file proper ac- SEC. 5. CERTIFICATION. checkpoints, at all airports in the United States countings or reports concerning the amounts Not later than 90 days after the date of enact- at which the Administration performs, or over- received from payments authorized under ment of this Act, and annually thereafter, the sees the implementation and performance of, se- section 8345(e) as required by law shall be Assistant Secretary shall certify in writing to curity measures. taken to be sufficient evidence prima facie of the Committee on Homeland Security of the (b) REPORT.—Not later than 30 days after the the embezzlement or conversion of such House of Representatives and the Committee on completion of the review, the Assistant Sec- amounts.’’. Commerce, Science, and Transportation of the retary shall report the findings of the review to (2) FERS.—Subchapter VI of chapter 84 of Senate that all screening personnel have partici- the Committee on Homeland Security of the title 5, United States Code, is amended by in- pated in practical training exercises for active House of Representatives and the Committee on serting after section 8466 the following: shooter scenarios. Commerce, Science, and Transportation of the ‘‘§ 8466a. Embezzlement or conversion of pay- SEC. 6. REIMBURSABLE AGREEMENTS. Senate. ments Not later than 90 days after the enactment of Mr. GARDNER. I ask unanimous con- ‘‘(a) IN GENERAL.—It shall be unlawful for this Act, the Assistant Secretary shall provide to sent that the committee-reported sub- any person that is authorized by the Office

VerDate Sep 11 2014 06:29 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00097 Fmt 0637 Sfmt 0634 E:\CR\FM\A05AU6.084 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE S6424 CONGRESSIONAL RECORD — SENATE August 5, 2015 under section 8466(c) to receive payments on (1) CSRS.—Subchapter III of chapter 83 of individual of legal disability under sub- behalf of a minor or an individual mentally title 5, United States Code, is amended by in- section (c) if that person has been convicted incompetent or under other legal disability serting after section 8345 the following: of a violation of— to embezzle or in any manner convert all or ‘‘§ 8345a. Embezzlement or conversion of pay- ‘‘(1) section 8345a or 8466a; any part of the amounts received from such ments ‘‘(2) section 208 or 1632 of the Social Secu- payments to a use other than for the use and rity Act (42 U.S.C. 408 and 1383a); or ‘‘(a) IN GENERAL.—It shall be unlawful for benefit of such minor or individual. any person that is authorized by the Office ‘‘(3) section 6101 of title 38, United States ‘‘(b) PENALTY.—Any person who violates under section 8345(e) to receive payments on Code.’’. subsection (a) shall be fined under title 18, behalf of a minor or an individual mentally f imprisoned for not more than 5 years, or incompetent or under other legal disability both. THE CALENDAR to embezzle or in any manner convert all or ‘‘(c) PRIMA FACIE EVIDENCE.—Any willful any part of the amounts received from such Mr. GARDNER. Mr. President, I ask neglect or refusal to make and file proper ac- payments to a use other than for the use and countings or reports concerning the amounts unanimous consent that the Senate benefit of such minor or individual. received from payments authorized under proceed to the immediate consider- ‘‘(b) PENALTY.—Any person who violates section 8466(c) as required by law shall be ation of Calendar Nos. 172 and 173, en subsection (a) shall be fined under title 18, taken to be sufficient evidence prima facie of bloc. imprisoned for not more than 5 years, or the embezzlement or conversion of such both. There being no objection, the Senate amounts.’’. ‘‘(c) PRIMA FACIE EVIDENCE.—Any willful proceeded to consider the bills en bloc. (3) TECHNICAL AND CONFORMING AMEND- neglect or refusal to make and file proper ac- Mr. GARDNER. Mr. President, I ask MENTS.— countings or reports concerning the amounts unanimous consent that the bills be (A) The table of sections for chapter 83 of received from payments authorized under read a third time and passed, the mo- title 5, United States Code, is amended by in- section 8345(e) as required by law shall be serting after the item relating to section 8345 tions to reconsider be considered made taken to be sufficient evidence prima facie of and laid upon the table, and that any the following: the embezzlement or conversion of such ‘‘8345a. Embezzlement or conversion of pay- amounts.’’. statements relating to the bills be ments.’’. (2) FERS.—Subchapter VI of chapter 84 of printed in the RECORD, all en bloc. (B) The table of sections for chapter 84 of title 5, United States Code, is amended by in- The PRESIDING OFFICER. Without title 5, United States Code, is amended by in- serting after section 8466 the following: objection, it is so ordered. serting after the item relating to section 8466 ‘‘§ 8466a. Embezzlement or conversion of pay- f the following: ments ‘‘8466a. Embezzlement or conversion of pay- SPECIALIST JOSEPH W. RILEY ‘‘(a) IN GENERAL.—It shall be unlawful for ments.’’. POST OFFICE BUILDING any person that is authorized by the Office (b) LIMITATIONS ON APPOINTMENTS OF REP- under section 8466(c) to receive payments on The bill (S. 1596) to designate the fa- RESENTATIVE PAYEES.— (1) CSRS.—Section 8345 of title 5, United behalf of a minor or an individual mentally cility of the United States Postal Serv- States Code, is amended by inserting after incompetent or under other legal disability ice located at 2082 Stringtown Road in subsection (e) the following: to embezzle or in any manner convert all or Grove City, Ohio, as the ‘‘Specialist Jo- ‘‘(f) The Office may not authorize a person any part of the amounts received from such seph W. Riley Post Office Building,’’ to receive payments on behalf of a minor or payments to a use other than for the use and benefit of such minor or individual. was ordered to be engrossed for a third individual of legal disability under sub- reading, was read the third time, and section (e) if that person has been convicted ‘‘(b) PENALTY.—Any person who violates of a violation of— subsection (a) shall be fined under title 18, passed, as follows: ‘‘(1) section 8345a or 8466a; imprisoned for not more than 5 years, or S. 1596 both. ‘‘(2) section 208 or 1632 of the Social Secu- Be it enacted by the Senate and House of ‘‘(c) PRIMA FACIE EVIDENCE.—Any willful rity Act (42 U.S.C. 408 and ø1632¿ 1383a); or Representatives of the United States of America neglect or refusal to make and file proper ac- ‘‘(3) section 6101 of title 38, United States in Congress assembled, countings or reports concerning the amounts Code.’’. received from payments authorized under SECTION 1. SPECIALIST JOSEPH W. RILEY POST (2) FERS.—Section 8466 of title 5, United section 8466(c) as required by law shall be OFFICE BUILDING. States Code, is amended by adding at the end taken to be sufficient evidence prima facie of (a) DESIGNATION.—The facility of the the following: United States Postal Service located at 2082 ‘‘(d) The Office may not authorize a person the embezzlement or conversion of such amounts.’’. Stringtown Road in Grove City, Ohio, shall to receive payments on behalf of a minor or be known and designated as the ‘‘Specialist individual of legal disability under sub- (3) TECHNICAL AND CONFORMING AMEND- MENTS.— Joseph W. Riley Post Office Building’’. section (c) if that person has been convicted (b) REFERENCES.—Any reference in a law, of a violation of— (A) The table of sections for chapter 83 of title 5, United States Code, is amended by in- map, regulation, document, paper, or other ‘‘(1) section 8345a or 8466a; record of the United States to the facility re- ‘‘(2) section 208 or 1632 of the Social Secu- serting after the item relating to section 8345 the following: ferred to in subsection (a) shall be deemed to rity Act (42 U.S.C. 408 and ø1632¿ 1383a); or be a reference to the ‘‘Specialist Joseph W. ‘‘8345a. Embezzlement or conversion of pay- ‘‘(3) section 6101 of title 38, United States Riley Post Office Building’’. Code.’’. ments.’’. f Mr. GARDNER. I ask unanimous con- (B) The table of sections for chapter 84 of sent that the committee-reported title 5, United States Code, is amended by in- LIEUTENANT COLONEL JAMES amendments be agreed to, the bill, as serting after the item relating to section 8466 ‘‘MAGGIE’’ MEGELLAS POST OF- the following: amended, be read a third time and FICE passed, and that the motion to recon- ‘‘8466a. Embezzlement or conversion of pay- ments.’’. The bill (S. 1826) to designate the fa- sider be considered made and laid upon cility of the United States Postal Serv- (b) LIMITATIONS ON APPOINTMENTS OF REP- the table. RESENTATIVE PAYEES.— ice located at 99 West 2nd Street in The PRESIDING OFFICER. Without (1) CSRS.—Section 8345 of title 5, United Fond du Lac, Wisconsin, as the Lieu- objection, it is so ordered. States Code, is amended by inserting after tenant Colonel James ‘‘Maggie’’ The committee-reported amendments subsection (e) the following: Megellas Post Office, was ordered to be were agreed to. ‘‘(f) The Office may not authorize a person engrossed for a third reading, was read The bill (S. 1576), as amended, was or- to receive payments on behalf of a minor or the third time, and passed, as follows: individual of legal disability under sub- dered to be engrossed for a third read- S. 1826 ing, was read the third time, and section (e) if that person has been convicted Be it enacted by the Senate and House of passed, as follows: of a violation of— ‘‘(1) section 8345a or 8466a; Representatives of the United States of America S. 1576 ‘‘(2) section 208 or 1632 of the Social Secu- in Congress assembled, Be it enacted by the Senate and House of Rep- rity Act (42 U.S.C. 408 and 1383a); or SECTION 1. LIEUTENANT COLONEL JAMES resentatives of the United States of America in ‘‘(3) section 6101 of title 38, United States ‘‘MAGGIE’’ MEGELLAS POST OFFICE. Congress assembled, Code.’’. (a) DESIGNATION.—The facility of the SECTION 1. SHORT TITLE. (2) FERS.—Section 8466 of title 5, United United States Postal Service located at 99 This Act may be cited as the ‘‘Representa- States Code, is amended by adding at the end West 2nd Street in Fond du Lac, Wisconsin, tive Payee Fraud Prevention Act of 2015’’. the following: shall be known and designated as the ‘‘Lieu- SEC. 2. REPRESENTATIVE PAYEE FRAUD. ‘‘(d) The Office may not authorize a person tenant Colonel James ‘Maggie’ Megellas (a) IN GENERAL.— to receive payments on behalf of a minor or Post Office’’.

VerDate Sep 11 2014 06:29 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00098 Fmt 0637 Sfmt 0634 E:\CR\FM\A05AU6.085 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE August 5, 2015 CONGRESSIONAL RECORD — SENATE S6425 (b) REFERENCES.—Any reference in a law, consider be considered made and laid and passed and that the motion to re- map, regulation, document, paper, or other upon the table. consider be considered made and laid record of the United States to the facility re- The PRESIDING OFFICER. Without upon the table. ferred to in subsection (a) shall be deemed to objection, it is so ordered. The PRESIDING OFFICER. Without be a reference to the ‘‘Lieutenant Colonel James ‘Maggie’ Megellas Post Office’’. The committee-reported amendment objection, it is so ordered. in the nature of a substitute was The bill (H.R. 1531) was ordered to a f agreed to. third reading, was read the third time, ELECTRONIC HEALTH FAIRNESS The bill (S. 1347), as amended, was or- and passed. ACT OF 2015 dered to be engrossed for a third read- f Mr. GARDNER. Mr. President, I ask ing, was read the third time, and unanimous consent that the Senate passed. J. WATIES WARING JUDICIAL proceed to the immediate consider- f CENTER ation of Calendar No. 185, S. 1347. AMENDING TITLE XI OF THE Mr. GARDNER. Mr. President, I ask The PRESIDING OFFICER. The SOCIAL SECURITY ACT unanimous consent that the Environ- clerk will report the bill by title. ment and Public Works Committee be The senior assistant legislative clerk Mr. GARDNER. Mr. President, I ask discharged from further consideration read as follows: unanimous consent that the Senate of H.R. 2131 and the Senate proceed to proceed to the immediate consider- A bill (S. 1347) to amend title XVIII of the its immediate consideration. Social Security Act with respect to the ation of Calendar No. 187, S. 1362. The PRESIDING OFFICER. Without treatment of patient encounters in ambula- The PRESIDING OFFICER. The objection, it is so ordered. tory surgical centers in determining mean- clerk will report the bill by title. The clerk will report the bill by title. ingful EHR use, and for other purposes. The senior assistant legislative clerk The legislative clerk read as follows: read as follows: There being no objection, the Senate A bill (H.R. 2131) to designate the Federal proceeded to consider the bill, which A bill (S. 1362) to amend title XI of the So- building and United States courthouse lo- had been reported from the Committee cial Security Act to clarify waiver authority cated at 83 Meeting Street in Charleston, on Finance, with an amendment to regarding programs of all-inclusive care for South Carolina, as the ‘‘J. Waties Waring Ju- strike all after the enacting clause and the elderly (PACE programs). dicial Center.’’ insert in lieu thereof the following: There being no objection, the Senate There being no objection, the Senate SECTION 1. SHORT TITLE. proceeded to consider the bill, which proceeded to consider the bill. This Act may be cited as the ‘‘Electronic had been reported from the Committee Mr. GARDNER. Mr. President, I ask Health Fairness Act of 2015’’. on Finance, with an amendment to unanimous consent that the bill be SEC. 2. FINDINGS. strike all after the enacting clause and read a third time and passed and the Congress finds the following: insert in lieu thereof the following: motion to reconsider be considered (1) Ambulatory surgery centers were not cov- SECTION 1. CLARIFICATION OF WAIVER AUTHOR- made and laid upon the table with no ered under the provisions of the HITECH Act of ITY REGARDING PACE PROGRAMS. 2009, which created certification standards and Subsection (d)(1) of section 1115A of the Social intervening action or debate. incentives for adopting electronic health record Security Act (42 U.S.C. 1315a) is amended by The PRESIDING OFFICER. Without (EHR) technology in the physician office and striking ‘‘and 1903(m)(2)(A)(iii)’’ and inserting objection, it is so ordered. hospital settings. ‘‘1903(m)(2)(A)(iii), and 1934 (other than sub- The bill (H.R. 2131) was ordered to a (2) The Centers for Medicare & Medicaid Serv- sections (b)(1)(A) and (c)(5) of such section)’’. third reading, was read the third time, ices (CMS) defines a meaningful EHR user as an Mr. GARDNER. Mr. President, I ask and passed. eligible professional having 50 percent or more of the professional’s outpatient encounters at unanimous consent that the com- f practices or locations equipped with certified mittee-reported amendment be agreed EHR technology. to; that the bill, as amended, be read a PFC MILTON A. LEE MEDAL OF (3) Physicians with patient encounters in an third time and passed; and that the HONOR MEMORIAL HIGHWAY ambulatory surgical center are at a disadvan- motion to reconsider be considered Mr. GARDNER. Mr. President, I ask tage when attempting to meet meaningful use made and laid upon the table. unanimous consent that the Environ- requirements because there currently is not cer- The PRESIDING OFFICER. Without ment and Public Works Committee be tified EHR technology for such centers. objection, it is so ordered. (4) Until such time as EHR technology is cer- discharged from further consideration tified specifically for use in the ambulatory sur- The committee-reported amendment of H.R. 2559 and the Senate proceed to gical centers, patient encounters that occur in in the nature of a substitute was its immediate consideration. such a center should not be used when calcu- agreed to. The PRESIDING OFFICER. Without lating whether an eligible professional meets The bill (S. 1362), as amended, was or- objection, it is so ordered. meaningful use requirements, unless an eligible dered to be engrossed for a third read- The clerk will report the bill by title. professional elects to include those encounters. ing, was read the third time, and The legislative clerk read as follows: SEC. 3. TREATMENT OF PATIENT ENCOUNTERS IN passed. AMBULATORY SURGICAL CENTERS A bill (H.R. 2559) to designate the ‘‘PFC IN DETERMINING MEANINGFUL EHR f Milton A. Lee Medal of Honor Memorial Highway’’ in the State of Texas. USE. LAND MANAGEMENT WORKFORCE Section 1848(o)(2) of the Social Security Act FLEXIBILITY ACT There being no objection, the Senate (42 U.S.C. 1395w–4(o)(2)) is amended by adding proceeded to consider the bill. at the end of the following new subparagraph: Mr. GARDNER. Mr. President, I ask Mr. GARDNER. Mr. President, I ask ‘‘(E) TREATMENT OF PATIENT ENCOUNTERS AT unanimous consent that the Senate unanimous consent that the bill be AMBULATORY SURGICAL CENTERS.— proceed to the immediate consider- ‘‘(i) IN GENERAL.—Subject to clause (ii), any read a third time and passed and the ation of Calendar No. 192, H.R. 1531. motion to reconsider be considered patient encounter of an eligible professional oc- The PRESIDING OFFICER. The curring at an ambulatory surgical center (de- made and laid upon the table with no scribed in section 1832(i)(1)(A)) shall not be clerk will report the bill by title. intervening action or debate. treated as a patient encounter in determining The senior assistant legislative clerk The PRESIDING OFFICER. Without whether an eligible professional qualifies as a read as follows: objection, it is so ordered. meaningful EHR user. A bill (H.R. 1531) to amend title 5, United The bill (H.R. 2559) was ordered to a ‘‘(ii) SUNSET.—Clause (i) shall no longer apply States Code, to provide a pathway for tem- third reading, was read the third time, as of the first year that begins more than 3 porary seasonal employees in Federal land years after the date the Secretary certifies EHR management agencies to compete for vacant and passed. technology for the ambulatory surgical center permanent positions under internal merit f setting.’’. promotion procedures, and for other pur- Mr. GARDNER. Mr. President, I ask poses. NATIONAL OVARIAN CANCER unanimous consent that the com- There being no objection, the Senate AWARENESS MONTH mittee-reported amendment be agreed proceeded to consider the bill. Mr. GARDNER. Mr. President, I ask to; the bill, as amended, be read a third Mr. GARDNER. I ask unanimous con- unanimous consent that the Judiciary time and passed, and the motion to re- sent that the bill be read a third time Committee be discharged from further

VerDate Sep 11 2014 06:43 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00099 Fmt 0637 Sfmt 0634 E:\CR\FM\A05AU6.087 S05AUPT1 emcdonald on DSK67QTVN1PROD with SENATE S6426 CONGRESSIONAL RECORD — SENATE August 5, 2015 consideration of and the Senate pro- be agreed to, the preamble be agreed ORDERS FOR THURSDAY, AUGUST ceed to the consideration of S. Res. 228. to, and the motions to reconsider be 6, 2015, AND TUESDAY, SEP- The PRESIDING OFFICER. Without laid upon the table with no intervening TEMBER 8, 2015 objection, it is so ordered. action or debate. Mr. GARDNER. Mr. President, I ask The clerk will report the resolution The PRESIDING OFFICER. Without unanimous consent that when the Sen- by title. objection, it is so ordered. ate completes its business today, it ad- The legislative clerk read as follows: The resolution (S. Res. 248) was journ until 11:30 a.m., Thursday, Au- A resolution (S. Res. 228) designating Sep- agreed to. gust 6, for a pro forma session with the tember 2015 as ‘‘National Ovarian Cancer The preamble was agreed to. only business conducted being that Awareness Month.’’ (The resolution, with its preamble, is under the previous orders; further, that There being no objection, the Senate printed in today’s RECORD under ‘‘Sub- when the Senate adjourns on August 6, proceeded to consider the resolution. mitted Resolutions.’’) 2015, it next convene on Tuesday, Sep- Mr. GARDNER. Mr. President, I ask f tember 8, at 2 p.m., pursuant to the unanimous consent that the resolution provisions of H. Con. Res. 72; that fol- be agreed to, the preamble be agreed EXECUTIVE SESSION lowing the prayer and pledge, the to, and the motions to reconsider be Mr. GARDNER. Mr. President, I ask morning hour be deemed expired, the considered made and laid upon the unanimous consent that the Senate Journal of proceedings be approved to table. proceed to executive session for the date, and the time for the two leaders The PRESIDING OFFICER. Without consideration of all nominations on the be reserved for their use later in the objection, it is so ordered. Secretary’s desk in the Foreign Service day; and that following leader remarks, The resolution (S. Res. 228) was except for the list which is at the desk; the Senate begin consideration of H.J. agreed to. that the nominations be confirmed en Res. 61, as under the previous order. The preamble was agreed to. The PRESIDING OFFICER. Without (The resolution, with its preamble, is bloc; that the motions to reconsider be considered made and laid upon the objection, it is so ordered. printed in the RECORD of July 23, 2015, f under ‘‘Submitted Resolutions.’’) table with no intervening action or de- bate; that no further motions be in f ADJOURNMENT UNTIL 11:30 A.M. order; that any statements related to TOMORROW NATIONAL LOBSTER DAY the nominations be printed in the Mr. GARDNER. Mr. President, if RECORD; that the President be imme- Mr. GARDNER. Mr. President, I ask there is no further business to come be- diately notified of the Senate’s action, unanimous consent that the Judiciary fore the Senate, I ask unanimous con- and the Senate then resume legislative Committee be discharged from further sent that it stand adjourned under the session. consideration of S. Res. 230 and the previous order. The PRESIDING OFFICER. Without Senate proceed to its immediate con- There being no objection, the Senate, objection, it is so ordered. sideration. at 8:19 p.m., adjourned until Thursday, The nominations considered and con- The PRESIDING OFFICER. Without August 6, 2015, at 11:30 a.m. objection, it is so ordered. firmed are as follows: f The clerk will report the resolution NOMINATIONS PLACED ON THE SECRETARY’S by title. DESK NOMINATIONS The legislative clerk read as follows: FOREIGN SERVICE Executive nominations received by A resolution (S. Res. 230) designating Sep- PN573—3 Foreign Service nominations (161) the Senate: tember 25, 2015, as ‘‘National Lobster Day.’’ beginning Maura Barry Boyle, and ending DEPARTMENT OF DEFENSE There being no objection, the Senate Anthony Wolak, which nominations were re- ceived by the Senate and appeared in the MARCEL JOHN LETTRE, II, OF MARYLAND, TO BE proceeded to consider the resolution. UNDER SECRETARY OF DEFENSE FOR INTELLIGENCE, Congressional Record of June 10, 2015. VICE MICHAEL VICKERS, RESIGNED. Mr. GARDNER. Mr. President, I ask PATRICK JOSEPH MURPHY, OF PENNSYLVANIA, TO BE unanimous consent that the resolution f UNDER SECRETARY OF THE ARMY, VICE BRAD R. CAR- SON. be agreed to, the preamble be agreed LEGISLATIVE SESSION DEPARTMENT OF TRANSPORTATION to, and the motions to reconsider be The PRESIDING OFFICER. The Sen- THOMAS F. SCOTT DARLING, III, OF MASSACHUSETTS, considered made and laid upon the TO BE ADMINISTRATOR OF THE FEDERAL MOTOR CAR- table with no intervening action or de- ate will now resume legislative session. RIER SAFETY ADMINISTRATION, VICE ANNE S. FERRO, RESIGNED. bate. f The PRESIDING OFFICER. Without DEPARTMENT OF ENERGY objection, it is so ordered. AUTHORITY FOR COMMITTEES TO CHERRY ANN MURRAY, OF KANSAS, TO BE DIRECTOR OF THE OFFICE OF SCIENCE, DEPARTMENT OF ENERGY, The resolution (S. Res. 230) was FILE BILLS AND REPORTS VICE WILLIAM F. BRINKMAN. agreed to. Mr. GARDNER. Mr. President, I ask FEDERAL SUPPLEMENTARY MEDICAL INSURANCE The preamble was agreed to. unanimous consent that notwith- TRUST FUND (The resolution, with its preamble, is standing the adjournment of the Sen- CHARLES P. BLAHOUS, III, OF MARYLAND, TO BE A printed in the RECORD of July 27, 2015, MEMBER OF THE BOARD OF TRUSTEES OF THE FEDERAL ate, committees be allowed to file bills SUPPLEMENTARY MEDICAL INSURANCE TRUST FUND under ‘‘Submitted Resolutions.’’) and reports on August 6, from 11:30 FOR A TERM OF FOUR YEARS. (REAPPOINTMENT) f a.m. until 1:30 p.m., and August 28, FEDERAL OLD-AGE AND SURVIVORS INSURANCE NATIONAL PROSTATE CANCER from 12 noon until 2 p.m. TRUST FUND AWARENESS MONTH The PRESIDING OFFICER. Without CHARLES P. BLAHOUS, III, OF MARYLAND, TO BE A objection, it is so ordered. MEMBER OF THE BOARD OF TRUSTEES OF THE FEDERAL Mr. GARDNER. Mr. President, I ask OLD-AGE AND SURVIVORS INSURANCE TRUST FUND AND THE FEDERAL DISABILITY INSURANCE TRUST FUND FOR unanimous consent that the Senate f A TERM OF FOUR YEARS. (REAPPOINTMENT) proceed to the consideration of S. Res. FEDERAL HOSPITAL INSURANCE TRUST FUND ORDER FOR RECORD TO REMAIN 248, submitted earlier today. CHARLES P. BLAHOUS, III, OF MARYLAND, TO BE A The PRESIDING OFFICER. The OPEN MEMBER OF THE BOARD OF TRUSTEES OF THE FEDERAL HOSPITAL INSURANCE TRUST FUND FOR A TERM OF clerk will report the resolution by Mr. GARDNER. Mr. President, I ask FOUR YEARS. (REAPPOINTMENT) title. unanimous consent that notwith- FEDERAL SUPPLEMENTARY MEDICAL INSURANCE The legislative clerk read as follows: standing the adjournment of the Sen- TRUST FUND A resolution (S. Res. 248) designating Sep- ate, that the RECORD be kept open on ROBERT D. REISCHAUER, OF MARYLAND, TO BE A MEM- tember 2015 as ‘‘National Prostate Cancer August 6, from 11:30 a.m. until 1:30 p.m. BER OF THE BOARD OF TRUSTEES OF THE FEDERAL SUP- Awareness Month.’’ PLEMENTARY MEDICAL INSURANCE TRUST FUND FOR A for the introduction of bills and resolu- TERM OF FOUR YEARS. (REAPPOINTMENT) There being no objection, the Senate tions, statements, and cosponsor re- FEDERAL OLD-AGE AND SURVIVORS INSURANCE proceeded to consider the resolution. quests. TRUST FUND Mr. GARDNER. Mr. President, I ask The PRESIDING OFFICER. Without ROBERT D. REISCHAUER, OF MARYLAND, TO BE A MEM- unanimous consent that the resolution objection, it is so ordered. BER OF THE BOARD OF TRUSTEES OF THE FEDERAL OLD-

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AGE AND SURVIVORS INSURANCE TRUST FUND AND THE CHEMICAL SAFETY AND HAZARD INVESTIGATION To be general FEDERAL DISABILITY INSURANCE TRUST FUND FOR A TERM OF FOUR YEARS. (REAPPOINTMENT) BOARD GEN. MARK A. MILLEY FEDERAL HOSPITAL INSURANCE TRUST FUND KRISTEN MARIE KULINOWSKI, OF NEW YORK, TO BE A IN THE NAVY MEMBER OF THE CHEMICAL SAFETY AND HAZARD IN- ROBERT D. REISCHAUER, OF MARYLAND, TO BE A MEM- VESTIGATION BOARD FOR A TERM OF FIVE YEARS . THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BER OF THE BOARD OF TRUSTEES OF THE FEDERAL HOS- AS CHIEF OF NAVAL OPERATIONS AND APPOINTMENT IN PITAL INSURANCE TRUST FUND FOR A TERM OF FOUR TENNESSEE VALLEY AUTHORITY THE UNITED STATES NAVY TO THE GRADE INDICATED YEARS. (REAPPOINTMENT) ERIC MARTIN SATZ, OF TENNESSEE, TO BE A MEMBER WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTIONS 601 UNITED STATES AGENCY FOR INTERNATIONAL OF THE BOARD OF DIRECTORS OF THE TENNESSEE VAL- LEY AUTHORITY FOR A TERM EXPIRING MAY 18, 2018. AND 5033: DEVELOPMENT CHEMICAL SAFETY AND HAZARD INVESTIGATION To be admiral LINDA I. ETIM, OF WISCONSIN, TO BE AN ASSISTANT ADM. JOHN M. RICHARDSON ADMINISTRATOR OF THE UNITED STATES AGENCY FOR BOARD INTERNATIONAL DEVELOPMENT, VICE EARL W. GAST, VANESSA LORRAINE ALLEN SUTHERLAND, OF VIR- IN THE AIR FORCE RESIGNED. GINIA, TO BE A MEMBER OF THE CHEMICAL SAFETY AND THE FOLLOWING NAMED OFFICER FOR APPOINTMENT HAZARD INVESTIGATION BOARD FOR A TERM OF FIVE UNITED NATIONS IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- YEARS. CATED UNDER TITLE 10, U.S.C., SECTION 624: LAURA S. H. HOLGATE, OF VIRGINIA, TO BE REP- VANESSA LORRAINE ALLEN SUTHERLAND, OF VIR- RESENTATIVE OF THE UNITED STATES OF AMERICA TO GINIA, TO BE CHAIRPERSON OF THE CHEMICAL SAFETY To be brigadier general THE VIENNA OFFICE OF THE UNITED NATIONS, WITH THE AND HAZARD INVESTIGATION BOARD FOR A TERM OF RANK OF AMBASSADOR. FIVE YEARS. COL. CHRISTOPHER P. AZZANO INTERNATIONAL ATOMIC ENERGY AGENCY DEPARTMENT OF TRANSPORTATION IN THE MARINE CORPS LAURA S. H. HOLGATE, OF VIRGINIA, TO BE THE REP- GREGORY GUY NADEAU, OF MAINE, TO BE ADMINIS- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RESENTATIVE OF THE UNITED STATES OF AMERICA TO TRATOR OF THE FEDERAL HIGHWAY ADMINISTRATION. AS COMMANDANT OF THE MARINE CORPS AND APPOINT- THE INTERNATIONAL ATOMIC ENERGY AGENCY, WITH MENT IN THE UNITED STATES MARINE CORPS TO THE THE RANK OF AMBASSADOR. GENERAL SERVICES ADMINISTRATION GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, DENISE TURNER ROTH, OF NORTH CAROLINA, TO BE NATIONAL SCIENCE FOUNDATION U.S.C., SECTIONS 601 AND 5043: ADMINISTRATOR OF GENERAL SERVICES. RICHARD OTTO BUCKIUS, OF CALIFORNIA, TO BE DEP- To be general UTY DIRECTOR OF THE NATIONAL SCIENCE FOUNDATION, DEPARTMENT OF STATE LT. GEN. ROBERT B. NELLER VICE CORA B. MARRETT, RESIGNED. SHEILA GWALTNEY, OF CALIFORNIA, A CAREER MEM- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- IN THE AIR FORCE f ISTER–COUNSELOR, TO BE AMBASSADOR EXTRAOR- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DISCHARGED NOMINATIONS OF AMERICA TO THE KYRGYZ REPUBLIC. IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- PERRY L. HOLLOWAY, OF SOUTH CAROLINA, A CAREER CATED UNDER TITLE 10, U.S.C., SECTION 12203: The Senate Committee on Com- MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF To be major general merce, Science, and Transportation MINISTER–COUNSELOR, TO BE AMBASSADOR EXTRAOR- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES BRIG. GEN. THERON G. DAVIS was discharged from further consider- OF AMERICA TO THE CO–OPERATIVE REPUBLIC OF GUY- IN THE ARMY ation of the following nominations ANA. KATHLEEN ANN DOHERTY, OF NEW YORK, A CAREER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT unanimous consent and the nomina- MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF IN THE UNITED STATES ARMY TO THE GRADE INDICATED tions were confirmed: MINISTER–COUNSELOR, TO BE AMBASSADOR EXTRAOR- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND DINARY AND PLENIPOTENTIARY OF THE UNITED STATES RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: MARIE THERESE DOMINGUEZ, OF VIRGINIA, TO BE AD- OF AMERICA TO THE REPUBLIC OF CYPRUS. MINISTRATOR OF THE PIPELINE AND HAZARDOUS MATE- HANS G. KLEMM, OF MICHIGAN, A CAREER MEMBER OF To be lieutenant general RIALS SAFETY ADMINISTRATION, DEPARTMENT OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER– MAJ. GEN. JOHN M. MURRAY TRANSPORTATION. COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND COAST GUARD NOMINATION OF VICE ADM. CHARLES D. PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MICHEL, TO BE VICE ADMIRAL. TO ROMANIA. IN THE UNITED STATES ARMY TO THE GRADE INDICATED COAST GUARD NOMINATION OF STEPHEN R. BIRD, TO JAMES DESMOND MELVILLE, JR., OF NEW JERSEY, A WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND BE LIEUTENANT COMMANDER. CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: CLASS OF MINISTER–COUNSELOR, TO BE AMBASSADOR To be lieutenant general f EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE REPUBLIC OF ES- LT. GEN. ANTHONY R. IERARDI CONFIRMATIONS TONIA. PETER F. MULREAN, OF MASSACHUSETTS, A CAREER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE RESERVE OF THE ARMY TO THE GRADE INDI- Executive nominations confirmed by MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND CATED UNDER TITLE 10, U.S.C., SECTION 12203: the Senate August 5, 2015: PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA To be major general TO THE REPUBLIC OF HAITI. DEPARTMENT OF STATE LAURA FARNSWORTH DOGU, OF TEXAS, A CAREER BRIG. GEN. GARRETT S. YEE DAVID HALE, OF NEW JERSEY, A CAREER MEMBER OF MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER– MINISTER–COUNSELOR, TO BE AMBASSADOR EXTRAOR- IN THE RESERVE OF THE ARMY TO THE GRADE INDI- COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND DINARY AND PLENIPOTENTIARY OF THE UNITED STATES CATED UNDER TITLE 10, U.S.C., SECTION 12203: PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA OF AMERICA TO THE REPUBLIC OF NICARAGUA. TO THE ISLAMIC REPUBLIC OF PAKISTAN. PAUL WAYNE JONES, OF MARYLAND, A CAREER MEM- To be major general BER OF THE SENIOR FOREIGN SERVICE, CLASS OF CA- ATUL KESHAP, OF VIRGINIA, A CAREER MEMBER OF BRIG. GEN. PATRICK J. REINERT THE SENIOR FOREIGN SERVICE, CLASS OF COUNSELOR, REER MINISTER, TO BE AMBASSADOR EXTRAORDINARY TO BE AMBASSADOR EXTRAORDINARY AND PLENI- AND PLENIPOTENTIARY OF THE UNITED STATES OF IN THE NAVY POTENTIARY OF THE UNITED STATES OF AMERICA TO AMERICA TO THE REPUBLIC OF POLAND. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA, MICHELE THOREN BOND, OF THE DISTRICT OF COLUM- TO THE GRADE OF ADMIRAL IN THE UNITED STATES AND TO SERVE CONCURRENTLY AND WITHOUT ADDI- BIA, A CAREER MEMBER OF THE SENIOR FOREIGN SERV- NAVY WHILE ASSIGNED TO A POSITION OF IMPORTANCE TIONAL COMPENSATION AS AMBASSADOR EXTRAOR- ICE, CLASS OF MINISTER–COUNSELOR, TO BE AN ASSIST- AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION DINARY AND PLENIPOTENTIARY OF THE UNITED STATES ANT SECRETARY OF STATE (CONSULAR AFFAIRS). 601, AND TITLE 50, U.S.C., SECTION 2511: OF AMERICA TO THE REPUBLIC OF MALDIVES. DEFENSE NUCLEAR FACILITIES SAFETY BOARD ALAINA B. TEPLITZ, OF ILLINOIS, A CAREER MEMBER To be admiral OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER– JOYCE LOUISE CONNERY, OF MASSACHUSETTS, TO BE A COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND MEMBER OF THE DEFENSE NUCLEAR FACILITIES SAFE- VICE ADM. JAMES F. CALDWELL, JR. PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TY BOARD FOR A TERM EXPIRING OCTOBER 18, 2019. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE FEDERAL DEMOCRATIC REPUBLIC OF NEPAL. JOSEPH BRUCE HAMILTON, OF TEXAS, TO BE A MEM- IN THE UNITED STATES NAVY TO THE GRADE INDICATED WILLIAM A. HEIDT, OF PENNSYLVANIA, A CAREER BER OF THE DEFENSE NUCLEAR FACILITIES SAFETY WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF BOARD FOR THE REMAINDER OF THE TERM EXPIRING RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: MINISTER–COUNSELOR, TO BE AMBASSADOR EXTRAOR- OCTOBER 18, 2016. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES To be vice admiral OF AMERICA TO THE KINGDOM OF CAMBODIA. IN THE ARMY VICE ADM. JOSEPH P. AUCOIN GLYN TOWNSEND DAVIES, OF THE DISTRICT OF COLUM- THE FOLLOWING ARMY NATIONAL GUARD OF THE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BIA, A CAREER MEMBER OF THE SENIOR FOREIGN SERV- UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- IN THE UNITED STATES NAVY TO THE GRADE INDICATED ICE, CLASS OF MINISTER–COUNSELOR, TO BE AMBAS- SERVE OF THE ARMY TO THE GRADE INDICATED UNDER UNDER TITLE 10, U.S.C., SECTION 624: SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF TITLE 10, U.S.C., SECTIONS 12203 AND 12211: THE UNITED STATES OF AMERICA TO THE KINGDOM OF To be rear admiral (lower half) THAILAND. To be major general JENNIFER ZIMDAHL GALT, OF COLORADO, A CAREER CAPT. CEDRIC E. PRINGLE MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF BRIG. GEN. DAVID S. BALDWIN IN THE ARMY MINISTER–COUNSELOR, TO BE AMBASSADOR EXTRAOR- IN THE AIR FORCE DINARY AND PLENIPOTENTIARY OF THE UNITED STATES THE FOLLOWING ARMY NATIONAL GUARD OF THE OF AMERICA TO MONGOLIA. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNITED STATES OFFICERS FOR APPOINTMENT IN THE IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- DEPARTMENT OF HEALTH AND HUMAN SERVICES RESERVE OF THE ARMY TO THE GRADE INDICATED CATED UNDER TITLE 10, U.S.C., SECTION 624: UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: RAFAEL J. LOPEZ, OF CALIFORNIA, TO BE COMMIS- To be brigadier general SIONER ON CHILDREN, YOUTH, AND FAMILIES, DEPART- To be brigadier general MENT OF HEALTH AND HUMAN SERVICES. COL. AARON M. PRUPAS COLONEL BRETT W. ANDERSEN DEPARTMENT OF ENERGY IN THE ARMY COLONEL WALLACE S. BONDS COLONEL JOHN C. BOYD MONICA C. REGALBUTO, OF ILLINOIS, TO BE AN ASSIST- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL DAVID L. BOYLE ANT SECRETARY OF ENERGY (ENVIRONMENTAL MAN- AS THE CHIEF OF STAFF OF THE ARMY AND APPOINT- COLONEL MARK N. BROWN AGEMENT). MENT IN THE UNITED STATES ARMY TO THE GRADE IN- COLONEL ROBERT D. BURKE JONATHAN ELKIND, OF MARYLAND, TO BE AN ASSIST- DICATED WHILE ASSIGNED TO A POSITION OF IMPOR- COLONEL THOMAS M. CARDEN, JR. ANT SECRETARY OF ENERGY (INTERNATIONAL AF- TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., COLONEL PATRICK J. CENTER FAIRS). SECTIONS 601 AND 3033: COLONEL LAURA L. CLELLAN

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COLONEL JOHANNA P. CLYBORNE UNITED STATES MARINE CORPS WHILE ASSIGNED TO A ARMY NOMINATIONS BEGINNING WITH TONIA M. CROW- COLONEL ALAN C. CRANFORD POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER LEY AND ENDING WITH CHERYL M. K. ZEISE, WHICH COLONEL ANITA K.W. CURINGTON TITLE 10, U.S.C., SECTION 601: NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL DARRELL D. DARNBUSH PEARED IN THE CONGRESSIONAL RECORD ON JULY 29, COLONEL AARON R. DEAN II To be lieutenant general 2015. COLONEL DAMIAN T. DONAHOE LT. GEN. ROBERT R. RUARK ARMY NOMINATIONS BEGINNING WITH JENNIFER M. COLONEL JOHN H. EDWARDS, JR. AHRENS AND ENDING WITH TODD W. TRAVER, WHICH COLONEL LEE M. ELLIS IN THE AIR FORCE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL PABLO ESTRADA, JR. PEARED IN THE CONGRESSIONAL RECORD ON JULY 29, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL JAMES R. FINLEY 2015. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- COLONEL THOMAS C. FISHER ARMY NOMINATIONS BEGINNING WITH RAMIE K. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE COLONEL LAPTHE C. FLORA BARFUSS AND ENDING WITH DENTONIO WORRELL, AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION COLONEL MICHAEL S. FUNK WHICH NOMINATIONS WERE RECEIVED BY THE SENATE 601: COLONEL MICHAEL J. GARSHAK AND APPEARED IN THE CONGRESSIONAL RECORD ON COLONEL HARRISON B. GILLIAM To be lieutenant general JULY 29, 2015. COLONEL MICHAEL J. GLISSON ARMY NOMINATIONS BEGINNING WITH DAVID J. ADAM COLONEL WALLACE A. HALL, JR. LT. GEN. SAMUEL D. COX AND ENDING WITH VICTOR Y. YU, WHICH NOMINATIONS COLONEL KENNETH S. HARA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WERE RECEIVED BY THE SENATE AND APPEARED IN THE COLONEL MARCUS R. HATLEY IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CONGRESSIONAL RECORD ON JULY 29, 2015. COLONEL GREGORY J. HIRSCH CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE ARMY NOMINATIONS BEGINNING WITH APRIL CRITELLI COLONEL JOHN E. HOEFERT AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION AND ENDING WITH GREGG A. VIGEANT, WHICH NOMINA- COLONEL LEE W. HOPKINS 601: TIONS WERE RECEIVED BY THE SENATE AND APPEARED COLONEL LYNDON C. JOHNSON IN THE CONGRESSIONAL RECORD ON JULY 29, 2015. COLONEL RUSSELL D. JOHNSON To be lieutenant general ARMY NOMINATIONS BEGINNING WITH THOMAS F. COLONEL PETER S. KAYE MAJ. GEN. GINA M. GROSSO CALDWELL AND ENDING WITH BRONSON B. WHITE, COLONEL JESSE J. KIRCHMEIER WHICH NOMINATIONS WERE RECEIVED BY THE SENATE COLONEL RICHARD C. KNOWLTON IN THE NAVY AND APPEARED IN THE CONGRESSIONAL RECORD ON COLONEL MARTIN A. LAFFERTY JULY 29, 2015. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL EDWIN W. LARKIN ARMY NOMINATIONS BEGINNING WITH CAROL L. IN THE UNITED STATES NAVY TO THE GRADE INDICATED COLONEL BRUCE C. LINTON COPPOCK AND ENDING WITH MARIE N. WRIGHT, WHICH WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND COLONEL KEVIN D. LYONS NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: COLONEL ROBERT B. MCCASTLAIN PEARED IN THE CONGRESSIONAL RECORD ON JULY 29, COLONEL MARK D. MCCORMACK To be vice admiral 2015. COLONEL MARSHALL T. MICHELS ARMY NOMINATIONS BEGINNING WITH NORMAN S. COLONEL MICHAEL A. MITCHELL VICE ADM. PAUL A. GROSKLAGS CHUN AND ENDING WITH HARRY W. HATCH, WHICH NOMI- COLONEL SHAWN M. O’BRIEN IN THE AIR FORCE NATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL DAVID F. O’DONAHUE PEARED IN THE CONGRESSIONAL RECORD ON JULY 29, COLONEL JOHN O. PAYNE AIR FORCE NOMINATION OF JESSE L. JOHNSON, TO BE 2015. COLONEL TROY R. PHILLIPS MAJOR. ARMY NOMINATIONS BEGINNING WITH LAVETTA L. COLONEL RAFAEL A. RIBAS AIR FORCE NOMINATION OF JOSE M. GOYOS, TO BE BENNETT AND ENDING WITH CRAIG W. STRONG, WHICH COLONEL EDWARD D. RICHARDS MAJOR. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL HAMILTON D. RICHARDS AIR FORCE NOMINATION OF JOHN C. BOSTON, TO BE PEARED IN THE CONGRESSIONAL RECORD ON JULY 29, COLONEL JOHN W. SCHROEDER COLONEL. 2015. COLONEL SCOTT C. SHARP AIR FORCE NOMINATION OF JOHN A. CHRIST, TO BE COLONEL CARY A. SHILLCUTT COLONEL. IN THE NAVY COLONEL BENNETT E. SINGER AIR FORCE NOMINATION OF RICHARD H. FILLMAN, JR., NAVY NOMINATION OF AUDRY T. OXLEY, TO BE LIEU- COLONEL RAYMOND G. STRAWBRIDGE TO BE COLONEL. COLONEL TRACEY J. TRAUTMAN TENANT COMMANDER. COLONEL SUZANNE P. VARES–LUM IN THE ARMY NAVY NOMINATION OF MARK B. LYLES, TO BE CAP- TAIN. COLONEL DAVID N. VESPER ARMY NOMINATION OF THOMAS M. CHEREPKO, TO BE COLONEL CLINT E. WALKER NAVY NOMINATIONS BEGINNING WITH RUSSELL P. MAJOR. BATES AND ENDING WITH HORACIO G. TAN, WHICH NOMI- COLONEL JAMES B. WASKOM ARMY NOMINATION OF ERIC R. DAVIS, TO BE LIEUTEN- COLONEL MICHAEL J. WILLIS NATIONS WERE RECEIVED BY THE SENATE AND AP- ANT COLONEL. PEARED IN THE CONGRESSIONAL RECORD ON JULY 23, COLONEL KURTIS J. WINSTEAD ARMY NOMINATION OF STEPHEN T. WOLPERT, TO BE COLONEL DAVID E. WOOD 2015. COLONEL. NAVY NOMINATIONS BEGINNING WITH SYLVESTER C. THE FOLLOWING ARMY NATIONAL GUARD OF THE ARMY NOMINATION OF JENIFER E. HEY, TO BE LIEU- ADAMAH AND ENDING WITH CHADWICK D. WHITE, WHICH UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- TENANT COLONEL. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- SERVE OF THE ARMY TO THE GRADE INDICATED UNDER ARMY NOMINATION OF MICHAEL R. STARKEY, TO BE PEARED IN THE CONGRESSIONAL RECORD ON JULY 23, TITLE 10, U.S.C., SECTIONS 12203 AND 12211: MAJOR. 2015. To be brigadier general ARMY NOMINATION OF DEEPA HARIPRASAD, TO BE NAVY NOMINATIONS BEGINNING WITH RUBEN A. MAJOR. ALCOCER AND ENDING WITH MELISSIA A. WILLIAMS, COL. LAURA L. YEAGER ARMY NOMINATION OF DALE T. WALTMAN, TO BE WHICH NOMINATIONS WERE RECEIVED BY THE SENATE COLONEL. AND APPEARED IN THE CONGRESSIONAL RECORD ON THE FOLLOWING ARMY NATIONAL GUARD OF THE ARMY NOMINATIONS BEGINNING WITH VINCENT E. UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- JULY 23, 2015. BUGGS AND ENDING WITH JAMES M. ZEPP III, WHICH NAVY NOMINATIONS BEGINNING WITH ACCURSIA A. SERVE OF THE ARMY TO THE GRADE INDICATED UNDER NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- TITLE 10, U.S.C., SECTIONS 12203 AND 12211: BALDASSANO AND ENDING WITH JACQUELINE R. WIL- PEARED IN THE CONGRESSIONAL RECORD ON JULY 23, LIAMS, WHICH NOMINATIONS WERE RECEIVED BY THE To be brigadier general 2015. SENATE AND APPEARED IN THE CONGRESSIONAL ARMY NOMINATIONS BEGINNING WITH SHONTELLE C. RECORD ON JULY 23, 2015. COL. WILLIAM J. EDWARDS ADAMS AND ENDING WITH JOSEPH S. ZUFFANTI, WHICH NAVY NOMINATIONS BEGINNING WITH JASON S. THE FOLLOWING ARMY NATIONAL GUARD OF THE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- AYEROFF AND ENDING WITH BRENT E. TROYAN, WHICH UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- PEARED IN THE CONGRESSIONAL RECORD ON JULY 23, NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- SERVE OF THE ARMY TO THE GRADE INDICATED UNDER 2015. PEARED IN THE CONGRESSIONAL RECORD ON JULY 23, TITLE 10, U.S.C., SECTIONS 12203 AND 12211: ARMY NOMINATIONS BEGINNING WITH ANDREA C. 2015. ALICEA AND ENDING WITH GIOVANNY F. ZALAMAR, NAVY NOMINATIONS BEGINNING WITH JERRY J. BAI- To be major general WHICH NOMINATIONS WERE RECEIVED BY THE SENATE LEY AND ENDING WITH ERIN R. WILFONG, WHICH NOMI- AND APPEARED IN THE CONGRESSIONAL RECORD ON BRIG. GEN. ROBERT W. ENZENAUER NATIONS WERE RECEIVED BY THE SENATE AND AP- JULY 23, 2015. PEARED IN THE CONGRESSIONAL RECORD ON JULY 23, THE FOLLOWING ARMY NATIONAL GUARD OF THE ARMY NOMINATIONS BEGINNING WITH ERIC B. ABDUL 2015. UNITED STATES OFFICERS FOR APPOINTMENT IN THE AND ENDING WITH SARA I. ZOESCH, WHICH NOMINATIONS NAVY NOMINATIONS BEGINNING WITH WILLIAM M. AN- RESERVE OF THE ARMY TO THE GRADE INDICATED WERE RECEIVED BY THE SENATE AND APPEARED IN THE DERSON AND ENDING WITH JEFFREY R. WESSEL, WHICH UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: CONGRESSIONAL RECORD ON JULY 23, 2015. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- To be major general ARMY NOMINATIONS BEGINNING WITH GARY S. PEARED IN THE CONGRESSIONAL RECORD ON JULY 23, ANSELMO AND ENDING WITH JOHN G. ZIERDT, WHICH 2015. BRIGADIER GENERAL RANDY A. ALEWEL NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATIONS BEGINNING WITH MARIA A. BRIGADIER GENERAL CRAIG E. BENNETT PEARED IN THE CONGRESSIONAL RECORD ON JULY 23, ALAVANJA AND ENDING WITH VINCENT A. I. ZIZAK, BRIGADIER GENERAL ALLEN E. BREWER 2015. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE BRIGADIER GENERAL BRIAN R. COPES ARMY NOMINATIONS BEGINNING WITH DEAN R. KLENZ AND APPEARED IN THE CONGRESSIONAL RECORD ON BRIGADIER GENERAL BENJAMIN J. CORELL AND ENDING WITH JAMES J. RICHE, WHICH NOMINATIONS JULY 23, 2015. BRIGADIER GENERAL PETER L. COREY WERE RECEIVED BY THE SENATE AND APPEARED IN THE BRIGADIER GENERAL STEVEN FERRARI CONGRESSIONAL RECORD ON JULY 29, 2015. FOREIGN SERVICE BRIGADIER GENERAL RALPH H. GROOVER III ARMY NOMINATIONS BEGINNING WITH RICHARD L. BAI- BRIGADIER GENERAL WILLIAM A. HALL LEY AND ENDING WITH KENNETH S. SHEDAROWICH, FOREIGN SERVICE NOMINATIONS BEGINNING WITH BRIGADIER GENERAL BRIAN C. HARRIS WHICH NOMINATIONS WERE RECEIVED BY THE SENATE MAURA BARRY BOYLE AND ENDING WITH ANTHONY BRIGADIER GENERAL RICHARD J. HAYES, JR. AND APPEARED IN THE CONGRESSIONAL RECORD ON WOLAK, WHICH NOMINATIONS WERE RECEIVED BY THE BRIGADIER GENERAL SAMUEL L. HENRY JULY 29, 2015. SENATE AND APPEARED IN THE CONGRESSIONAL BRIGADIER GENERAL BARRY D. KEELING ARMY NOMINATIONS BEGINNING WITH WILLIAM RECORD ON JUNE 10, 2015. BRIGADIER GENERAL KEITH A. KLEMMER ANDINO AND ENDING WITH CHRISTOPHER P. WILLARD, BRIGADIER GENERAL WILLIAM J. LIEDER WHICH NOMINATIONS WERE RECEIVED BY THE SENATE IN THE COAST GUARD AND APPEARED IN THE CONGRESSIONAL RECORD ON BRIGADIER GENERAL DANA L. MCDANIEL THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JULY 29, 2015. BRIGADIER GENERAL RAFAEL O’FERRALL AS VICE COMMANDANT, UNITED STATES COAST GUARD, ARMY NOMINATIONS BEGINNING WITH DAVID B. AN- BRIGADIER GENERAL JOANNE F. SHERIDAN AND TO THE GRADE INDICATED UNDER TITLE 14, U.S.C., DERSON AND ENDING WITH CARL W. THURMOND, WHICH SECTION 47: IN THE MARINE CORPS NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PEARED IN THE CONGRESSIONAL RECORD ON JULY 29, To be vice admiral AS COMMANDER, MARINE FORCES RESERVE, AND AP- 2015. POINTMENT TO THE GRADE INDICATED IN THE UNITED ARMY NOMINATIONS BEGINNING WITH JERRY G. VICE ADM. CHARLES D. MICHEL STATES MARINE CORPS WHILE ASSIGNED TO A POSITION BAUMGARTNER AND ENDING WITH MAURI M. THOMAS, COAST GUARD NOMINATION OF STEPHEN R. BIRD, TO OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE BE LIEUTENANT COMMANDER. U.S.C., SECTIONS 601 AND 5144: AND APPEARED IN THE CONGRESSIONAL RECORD ON JULY 29, 2015. DEPARTMENT OF TRANSPORTATION To be lieutenant general ARMY NOMINATIONS BEGINNING WITH ELIZABETH A. ANDERSON AND ENDING WITH MARGARET L. YOUNG, MARIE THERESE DOMINGUEZ, OF VIRGINIA, TO BE AD- MAJ. GEN. REX C. MCMILLIAN WHICH NOMINATIONS WERE RECEIVED BY THE SENATE MINISTRATOR OF THE PIPELINE AND HAZARDOUS MATE- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AND APPEARED IN THE CONGRESSIONAL RECORD ON RIALS SAFETY ADMINISTRATION, DEPARTMENT OF TO THE GRADE OF LIEUTENANT GENERAL IN THE JULY 29, 2015. TRANSPORTATION.

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SENATE COMMITTEE MEETINGS any cancellations or changes in the MEETINGS SCHEDULED Title IV of Senate Resolution 4, meetings as they occur. SEPTEMBER 10 agreed to by the Senate of February 4, As an additional procedure along 10 a.m. 1977, calls for establishment of a sys- with the computerization of this infor- Committee on Banking, Housing, and tem for a computerized schedule of all mation, the Office of the Senate Daily Urban Affairs meetings and hearings of Senate com- Digest will prepare this information for To hold hearings to examine the nomina- mittees, subcommittees, joint commit- printing in the Extensions of Remarks tion of Adam J. Szubin, of the District tees, and committees of conference. section of the CONGRESSIONAL RECORD of Columbia, to be Under Secretary for This title requires all such committees on Monday and Wednesday of each Terrorism and Financial Crimes, De- to notify the Office of the Senate Daily week. partment of the Treasury. Digest—designated by the Rules Com- Meetings scheduled for Thursday, SD–538 mittee—of the time, place and purpose August 6, 2015 may be found in the of the meetings, when scheduled and Daily Digest of today’s RECORD.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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HIGHLIGHTS Senate agreed to H. Con. Res. 72, Adjournment Resolution. Senate ment of the House of Representatives and a condi- Chamber Action tional recess or adjournment of the Senate. Routine Proceedings, pages S6327–S6428 Page S6356 Measures Introduced: Sixty-five bills and seven res- Jacob Trieber Federal Building, United States olutions were introduced, as follows: S. 1938–2002, Post Office, and United States Court House: Com- and S. Res. 242–248. Pages S6379–81 mittee on Environment and Public Works was dis- Measures Reported: charged from further consideration of S. 1707, to Special Report entitled ‘‘The Internal Revenue designate the Federal building located at 617 Wal- Service’s Processing of 501(c)(3) and 501(c)(4) Appli- nut Street in Helena, Arkansas, as the ‘‘Jacob Trieber cations for Tax-Exempt Status Submitted by ‘‘Polit- Federal Building, United States Post Office, and ical Advocacy’’ Organizations from 2010–2013’’. (S. United States Court House’’, and the bill was then Rept. No. 114–119) passed. Page S6363 S. 1603, to actively recruit members of the Armed Gerardo Hernandez Airport Security Act: Senate Forces who are separating from military service to passed H.R. 720, to improve intergovernmental serve as Customs and Border Protection Officers, planning for and communication during security in- with an amendment in the nature of a substitute. (S. cidents at domestic airports, after agreeing to the Rept. No. 114–116) Report to accompany S. 710, to reauthorize the committee amendment in the nature of a substitute. Native American Housing Assistance and Self-Deter- Pages S6422–23 mination Act of 1996. (S. Rept. No. 114–117) Representative Payee Fraud Prevention Act: S. 1946, to amend the Internal Revenue Code of Senate passed S. 1576, to amend title 5, United 1986 to extend expiring provisions. (S. Rept. No. States Code, to prevent fraud by representative pay- 114–118) Page S6379 ees, after agreeing to the committee amendments. Measures Passed: Pages S6423–24 Drinking Water Protection Act: Senate passed Specialist Joseph W. Riley Post Office Building: H.R. 212, to amend the Safe Drinking Water Act Senate passed S. 1596, to designate the facility of to provide for the assessment and management of the the United States Postal Service located at 2082 risk of algal toxins in drinking water. Page S6349 Stringtown Road in Grove City, Ohio, as the ‘‘Spe- cialist Joseph W. Riley Post Office Building’’. Federal Water Pollution Control Act National Estuary Program: Committee on Environment and Page S6424 Public Works was discharged from further consider- Lieutenant Colonel James ‘‘Maggie’’ Megellas ation of S. 1523, to amend the Federal Water Pollu- Post Office: Senate passed S. 1826, to designate the tion Control Act to reauthorize the National Estuary facility of the United States Postal Service located at Program, and the bill was then passed, after agreeing 99 West 2nd Street in Fond du Lac, Wisconsin, as to the following amendment proposed thereto: the Lieutenant Colonel James ‘‘Maggie’’ Megellas Pages S6349–50 Post Office. Pages S6424–25 Whitehouse Amendment No. 2639, to modify the Electronic Health Fairness Act: Senate passed S. authorization of appropriations. Pages S6349–50 1347, to amend title XVIII of the Social Security Adjournment Resolution: Senate agreed to H. Act with respect to the treatment of patient encoun- Con. Res. 72, providing for a conditional adjourn- ters in ambulatory surgical centers in determining D934

VerDate Sep 11 2014 07:36 Aug 06, 2015 Jkt 049060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D05AU5.REC D05AUPT1 smartinez on DSK4TPTVN1PROD with DIGEST August 5, 2015 CONGRESSIONAL RECORD — DAILY DIGEST D935 meaningful EHR use, after agreeing to the com- A unanimous-consent agreement was reached pro- mittee amendment in the nature of a substitute. viding that at a time to be determined by the Ma- Page S6425 jority Leader, in consultation with the Democratic PACE programs: Senate passed S. 1362, to amend Leader, Senate begin consideration of the bill; and title XI of the Social Security Act to clarify waiver that Senator Burr then be recognized to offer the authority regarding programs of all-inclusive care for Burr/Feinstein substitute amendment, and that it be the elderly (PACE programs), after agreeing to the in order for the Majority bill manager, or their des- committee amendment in the nature of a substitute. ignee, to offer up to 10 first-degree amendments rel- Page S6425 evant to the subject matter and for the Democratic Land Management Workforce Flexibility Act: bill manager, or their designee, to offer up to 11 Senate passed H.R. 1531, to amend title 5, United first-degree amendments relevant to the subject mat- States Code, to provide a pathway for temporary sea- ter. Page S6342 sonal employees in Federal land management agen- Iran Resolution of Disapproval—Agreement: A cies to compete for vacant permanent positions under unanimous-consent agreement was reached providing internal merit promotion procedures. Page S6425 that following Leader remarks on Tuesday, Sep- J. Waties Waring Judicial Center: Committee tember 8, 2015, Senate begin consideration of H.J. on Environment and Public Works was discharged Res. 61, amending the Internal Revenue Code of from further consideration of H.R. 2131, to des- 1986 to exempt employees with health coverage ignate the Federal building and United States court- under TRICARE or the Veterans Administration house located at 83 Meeting Street in Charleston, from being taken into account for purposes of deter- South Carolina, as the ‘‘J. Waties Waring Judicial mining the employers to which the employer man- Center’’, and the bill was then passed. Page S6425 date applies under the Patient Protection and Af- PFC Milton A. Lee Medal of Honor Memorial fordable Care Act, and that the Majority Leader, or Highway: Committee on Environment and Public his designee, be recognized to offer a substitute Works was discharged from further consideration of amendment related to Congressional disapproval of H.R. 2559, to designate the ‘‘PFC Milton A. Lee the proposed Iran nuclear agreement. Page S6342 Medal of Honor Memorial Highway’’ in the State of Signing Authority—Agreement: A unanimous- Texas, and the bill was then passed. Page S6425 consent agreement was reached providing that the National Ovarian Cancer Awareness Month: junior Senator from West Virginia, the junior Sen- Committee on the Judiciary was discharged from ator from Arkansas, and the junior Senator from further consideration of S. Res. 228, designating Missouri, be authorized to sign duly enrolled bills or September 2015 as ‘‘National Ovarian Cancer joint resolutions from Wednesday, August 5, 2015, Awareness Month’’, and the resolution was then through September 8, 2015. Page S6356 agreed to. Pages S6425–26 Authorizing Leadership To Make Appoint- National Lobster Day: Committee on the Judici- ments—Agreement: A unanimous-consent agree- ary was discharged from further consideration of S. ment was reached providing that, notwithstanding Res. 230, designating September 25, 2015, as ‘‘Na- the adjournment of the Senate, the President of the tional Lobster Day’’, and the resolution was then Senate, the President pro tempore, and the Majority agreed to. Page S6426 and Minority Leaders be authorized to make ap- National Prostate Cancer Awareness Month: pointments to commissions, committees, boards, Senate agreed to S. Res. 248, designating September conferences, or interparliamentary conferences au- 2015 as ‘‘National Prostate Cancer Awareness thorized by law, by concurrent action of the two Month’’. Page S6426 Houses, or by order of the Senate. Page S6356 Measures Considered: Authority for Committees—Agreement: A unani- mous-consent agreement was reached providing that, Cybersecurity Information Sharing Act—Agree- notwithstanding the adjournment of the Senate, ment: Senate continued consideration of the motion to proceed to consideration of S. 754, to improve cy- Committees be allowed to file bills and reports on bersecurity in the United States through enhanced Thursday, August 6, 2015, from 11:30 a.m. until sharing of information about cybersecurity threats. 1:30 p.m., and on Friday, August 28, 2015, from 12 noon, until 2 p.m. Page S6426 Pages S6329–48, S6350–51 A unanimous-consent agreement was reached pro- Record—Agreement: A unanimous-consent agree- viding that the motion to invoke cloture on the mo- ment was reached providing that notwithstanding tion to proceed to consideration of the bill, be with- the adjournment of the Senate that the Record be drawn. Page S6342 kept open on Thursday, August 6, 2015, from 11:30

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a.m., to 1:30 p.m., for the introduction of bills and Monica C. Regalbuto, of Illinois, to be an Assist- resolutions, statements, and cosponsor requests. ant Secretary of Energy (Environmental Manage- Page S6426 ment). Pro Forma Session—Agreement: A unanimous- Sheila Gwaltney, of California, to be Ambassador consent agreement was reached providing that Senate to the Kyrgyz Republic. adjourn until 11:30 a.m., on Thursday, August 6, Perry L. Holloway, of South Carolina, to be Am- 2015, for a pro forma session, with the only business bassador to the Co-operative Republic of Guyana. Eric Martin Satz, of Tennessee, to be a Member conducted being that under the orders of Wednes- of the Board of Directors of the Tennessee Valley day, August 5, 2015; and that when Senate adjourns Authority for a term expiring May 18, 2018. on Thursday, August 6, 2015, it next convene at Vanessa Lorraine Allen Sutherland, of Virginia, to 2:00 p.m., on Tuesday, September 8, 2015, pursuant be a Member of the Chemical Safety and Hazard In- to the provisions of H. Con. Res. 72, providing for vestigation Board for a term of five years. a conditional adjournment of the House of Rep- Vanessa Lorraine Allen Sutherland, of Virginia, to resentatives and a conditional recess or adjournment be Chairperson of the Chemical Safety and Hazard of the Senate. Page S6426 Investigation Board for a term of five years. Ketchmark Nomination—Agreement: A unani- David Hale, of New Jersey, to be Ambassador to mous-consent-time agreement was reached providing the Islamic Republic of Pakistan. that at 5 p.m., on Tuesday, September 8, 2015, Sen- Kathleen Ann Doherty, of New York, to be Am- ate begin consideration of the nomination of bassador to the Republic of Cyprus. Roseann A. Ketchmark, of Missouri, to be United Hans G. Klemm, of Michigan, to be Ambassador States District Judge for the Western District of to Romania. Missouri; that there be 30 minutes for debate on the Atul Keshap, of Virginia, to be Ambassador to nomination, equally divided in the usual form; that the Democratic Socialist Republic of Sri Lanka, and upon the use or yielding back of time, Senate vote, to serve concurrently and without additional com- without intervening action or debate, on confirma- pensation as Ambassador to the Republic of tion of the nomination; and that no further motions Maldives. be in order to the nomination. Page S6356 Alaina B. Teplitz, of Illinois, to be Ambassador to the Federal Democratic Republic of Nepal. Nominations—Agreement: A unanimous-consent Joyce Louise Connery, of Massachusetts, to be a agreement was reached providing that all the nomi- Member of the Defense Nuclear Facilities Safety nations received by the Senate during the 114th Board for a term expiring October 18, 2019. Congress, first session, remain in status quo, not- Joseph Bruce Hamilton, of Texas, to be a Member withstanding the provisions of Rule XXXI, para- of the Defense Nuclear Facilities Safety Board for the graph 6, of the Standing Rules of the Senate. remainder of the term expiring October 18, 2016. Page S6356 Jonathan Elkind, of Maryland, to be an Assistant Michaud Nomination Referral—Agreement: A Secretary of Energy (International Affairs). unanimous-consent agreement was reached providing William A. Heidt, of Pennsylvania, to be Ambas- that the nomination of Michael Herman Michaud, of sador to the Kingdom of Cambodia. Maine, to be Assistant Secretary of Labor for Vet- Glyn Townsend Davies, of the District of Colum- erans’ Employment and Training, be referred jointly bia, to be Ambassador to the Kingdom of Thailand. to the committee on Health, Education, Labor, and Jennifer Zimdahl Galt, of Colorado, to be Ambas- Pensions, and the Committee on Veterans’ Affairs. sador to Mongolia. Page S6356 James Desmond Melville, Jr., of New Jersey, to be Ambassador to the Republic of Estonia. Nominations Confirmed: Senate confirmed the fol- Peter F. Mulrean, of Massachusetts, to be Ambas- lowing nominations: sador to the Republic of Haiti. Kristen Marie Kulinowski, of New York, to be a Gregory Guy Nadeau, of Maine, to be Adminis- Member of the Chemical Safety and Hazard Inves- trator of the Federal Highway Administration. tigation Board for a term of five years. Laura Farnsworth Dogu, of Texas, to be Ambas- Rafael J. Lopez, of California, to be Commissioner sador to the Republic of Nicaragua. on Children, Youth, and Families, Department of Denise Turner Roth, of North Carolina, to be Ad- Health and Human Services. ministrator of General Services. Michele Thoren Bond, of the District of Colum- Paul Wayne Jones, of Maryland, to be Ambas- bia, to be an Assistant Secretary of State (Consular sador to the Republic of Poland. Affairs). 5 Air Force nominations in the rank of general.

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91 Army nominations in the rank of general. Linda I. Etim, of Wisconsin, to be an Assistant 3 Marine Corps nominations in the rank of gen- Administrator of the United States Agency for Inter- eral. national Development. 5 Navy nominations in the rank of admiral. Laura S. H. Holgate, of Virginia, to be Represent- Routine lists in the Air Force, Army, Foreign ative of the United States of America to the Vienna Service, and Navy. Pages S6352–56, S6426, S6427–28 Office of the United Nations, with the rank of Am- Marie Therese Dominguez, of Virginia, to be Ad- bassador. ministrator of the Pipeline and Hazardous Materials Laura S. H. Holgate, of Virginia, to be the Rep- Safety Administration, Department of Transpor- resentative of the United States of America to the tation. (Prior to this action, Committee on Com- International Atomic Energy Agency, with the rank merce, Science, and Transportation was discharged of Ambassador. from further consideration.) Pages S6355, S6427 Richard Otto Buckius, of California, to be Deputy 1 Coast Guard nomination in the rank of admiral. Director of the National Science Foundation. (Prior to this action, Committee on Commerce, Pages S6426–27 Science, and Transportation was discharged from fur- Executive Reports of Committees: Page S6379 ther consideration.) Pages S6352–54, S6427–28 Additional Cosponsors: Pages S6381–84 Routine list in the Coast Guard. (Prior to this ac- tion, Committee on Commerce, Science, and Trans- Statements on Introduced Bills/Resolutions: portation was discharged from further consideration.) Pages S6384–S6405 Pages S6352, S6354, S6427–28 Additional Statements: Pages S6373–79 Nominations Received: Senate received the fol- Amendments Submitted: Pages S6405–22 lowing nominations: Notices of Intent: Pages S6369, S6422 Marcel John Lettre, II, of Maryland, to be Under Secretary of Defense for Intelligence. Authorities for Committees to Meet: Page S6422 Patrick Joseph Murphy, of Pennsylvania, to be Privileges of the Floor: Page S6422 Under Secretary of the Army. Adjournment: Senate convened at 9:30 a.m. and Thomas F. Scott Darling, III, of Massachusetts, to adjourned at 8:19 p.m., until 11:30 a.m. on Thurs- be Administrator of the Federal Motor Carrier Safety day, August 6, 2015. (For Senate’s program, see the Administration. remarks of the Acting Majority Leader in today’s Cherry Ann Murray, of Kansas, to be Director of Record on page S6426.) the Office of Science, Department of Energy. Charles P. Blahous, III, of Maryland, to be a Member of the Board of Trustees of the Federal Sup- Committee Meetings plementary Medical Insurance Trust Fund for a term (Committees not listed did not meet) of four years. Charles P. Blahous, III, of Maryland, to be a JOINT COMPREHENSIVE PLAN OF ACTION Member of the Board of Trustees of the Federal Old- Committee on Armed Services: Committee concluded a Age and Survivors Insurance Trust Fund and the hearing to examine the Joint Comprehensive Plan of Federal Disability Insurance Trust Fund for a term Action and the military balance in the Middle East, of four years. after receiving testimony from Walter Russell Mead, Charles P. Blahous, III, of Maryland, to be a The Hudson Institute, and Richard Nephew, Colum- Member of the Board of Trustees of the Federal Hos- bia University Center on Global Energy Policy, both pital Insurance Trust Fund for a term of four years. of New York, New York; and Michael Singh, The Robert D. Reischauer, of Maryland, to be a Mem- Washington Institute for Near East Policy, and Ray ber of the Board of Trustees of the Federal Supple- Takeyh, and Philip Gordon, both of the Council on mentary Medical Insurance Trust Fund for a term of Foreign Relations, all of Washington, D.C. four years. Robert D. Reischauer, of Maryland, to be a Mem- IRAN NUCLEAR AGREEMENT SANCTIONS ber of the Board of Trustees of the Federal Old-Age RELIEF and Survivors Insurance Trust Fund and the Federal Committee on Banking, Housing, and Urban Affairs: Disability Insurance Trust Fund for a term of four Committee concluded a hearing to examine the im- years. plications of sanctions relief under the Iran agree- Robert D. Reischauer, of Maryland, to be a Mem- ment, after receiving testimony from Wendy Sher- ber of the Board of Trustees of the Federal Hospital man, Under Secretary of State; Adam J. Szubin, Act- Insurance Trust Fund for a term of four years. ing Under Secretary of Treasury for Terrorism and

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 11:30 a.m., Thursday, August 6 2 p.m., Tuesday, September 8

Senate Chamber House Chamber Program for Thursday: Senate will meet in a pro forma Program for Tuesday: The House is scheduled to meet session. at 2 p.m. on Tuesday, September 8, 2015 pursuant to the provisions of H. Con. Res. 72.

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