Congressional Record—Senate S5486

S5486 CONGRESSIONAL RECORD — SENATE July 23, 2015 have had bipartisan Democrats and Re- HIRE MORE HEROES ACT OF 2015— mains open—at least for now. It will be publicans working together and plead- MOTION TO PROCEED—Continued replaced in 2018, with a price tag of $7.3 ing with the President and the White The PRESIDING OFFICER. The Sen- million, about 2 minutes’ worth of the House, starting with Simpson-Bowles, ator from Vermont. money we wasted in Iraq. It is an issue which was a bipartisan effort. The Mr. LEAHY. Mr. President, of safety. It is an issue of economic cer- Gang of 6, the Committee of 12, the Vermonters—like many Americans— tainty. It is a commonsense invest- supercommittee were all bipartisan ef- are frustrated. They are frustrated ment that has been delayed for too forts. when they see short-term patches that long because resources are far too I was part of the dinner group, which do not make investments in our crum- scarce. I am willing to bet the same was an effort to plead with the Presi- bling infrastructure. They are frus- could be said of all 50 States rep- dent to do something together to ad- trated with seeing meaningful policy resented in this body. dress this problem and being turned advance, while Congress bickers over We all agree that a long-term trans- down time after time after time. Now how to pay for it—and at what expense portation bill means safe bridges, we are sailing toward the end of this to other critical programs. paved roads, and completed railways. But it also encourages innovative Presidency, and obviously nothing is Passing a long-term authorization to projects that incorporate public health, going to be done even though the So- make needed improvements to our environmental, and social incentives. cial Security trust fund is going to ex- aging roads and bridges is a matter of Look no further than Burlington, VT. pire on the President’s watch. They common sense. It is a matter of safety. And quite frankly, for us in Congress, A picturesque town nestled on the will come up with some gimmick and shores of Lake Champlain, it is home shift some money around and so forth, it’s our job. After 11 short-term extensions over to a variety of innovative entre- thereby just putting us further in debt preneurs and businesses, from high- and kicking the can down the road. the course of 3 years, Congress finally approved MAP–21 in 2012. Now, two tech hubs to specialty food producers. They have to cover this because politi- As our businesses and communities cally they will not allow this to hap- short-term extensions later and faced with another expiration deadline, we grow, Vermonters depend on safe and pen, but they will do it in a way that reliable modes of transportation to makes our situation even worse. have a choice: another patch, or pass a meaningful, long-term transportation keep them connected. As the President careens toward re- Church Street is a pedestrian-only tirement and his legacy, one of those authorization that will give our States the ability to build and repair roads, street that welcomes locals and visi- legacies will be questioned by people tors to enjoy the many vibrant shops for years and years into the future: bridges, and byways, to promote rail safety and transit, and to invest in the and restaurants. As businesses begin to Why didn’t we do something when we sprawl beyond the limits of Church had the chance on a bipartisan basis critical infrastructure that supports our cities and towns, enables interstate Street and settle into new homes along with support from both parties? Why Pine Street, the city has invested in and intrastate commerce, and creates was the President so adamant about safe modes of travel to ensure accessi- jobs for American workers. The time to not doing anything to address this bility. The Bike Path Rehabilitation pass a plan for long-term transpor- problem? Project and the Safe Streets Collabo- tation funding is now. Time is running out. Social Security Vermonters take great pride in our rative are projects that consider the disability will collapse under the Presi- historic downtowns and small commu- needs of the community as a whole—ei- dent’s leadership before he escapes at nities. In our cities and towns, we have ther in a vehicle, on foot, or pedaling. Main Street—the heart of any the end of 2016. You can tell how frus- a culture of getting things done. We Vermont downtown—is home to small trated I am, but I will keep coming find a way to accomplish our shared businesses and services such as post of- down here and talking about this stuff goals. But, when those shared goals fices, grocery stores, medical offices, and hopefully—well, we don’t want it rely largely on a Federal funding to happen under a crisis. We don’t want and banks. In a rural State such as stream that is unreliable at best, and Vermont, investing in our infrastruc- to be days away from bankruptcy, so uncertain at worst, it makes it impos- we move some money around in the ture extends beyond bridges and roads. sible to double down on the invest- It is sidewalk repair. It is establishing Federal budget and so forth and so on, ments needed to keep the cars, buses, take it from Peter to pay Paul, put us crosswalks. It is widening roads to pro- and trucks moving on our roads. We vide for parking, and it is installing further in debt, and then kick the can can invest in bridges and roads over- down the road. such basic things as street lighting, seas. We do it all the time. We decided refuse receptacles and landscaping. I feel for the next President, whoever to spend a couple of trillion dollars in that might be. They are going to get a After many years of economic de- Iraq. We didn’t use any offsets; we just cline in downtown Barre—one of our can of worms because we didn’t do any- put it on the credit card. As one thing about this during this tenure. larger cities—the city’s Main Street Vermonter said to me back home: We was left with empty storefronts and With that, I yield the floor. spend billions upon billions of dollars lonely streets. The community intro- I suggest the absence of a quorum. to build roads and bridges over there, duced the Big Dig—a multiyear effort The PRESIDING OFFICER. The and then they blow them up. Why don’t to revitalize Main Street and City Hall clerk will call the roll. we spend a little bit of that money here Park. With funding sourced from The senior assistant legislative clerk at home, and we will take care of those Downtown Transportation Grants and proceeded to call the roll. roads and bridges? Federal funding sourced through the Mr. BOOKER. Madam President, I As much as we invest in bridges and Agency of Transportation, 200 State ask unanimous consent that the order roads overseas, we must do so right employees were able to relocate into a for the quorum call be rescinded. here at home. Look at this bridge show new office building in the heart of The PRESIDING OFFICER. Without in this picture I have in the Chamber. downtown. objection, it is so ordered. It is located in East Montpelier, just Look at the before and after pictures. about 5 miles from where I was born. It The differences are stark. These are f was built in 1936—the year my parents the kinds of Federal investments, cou- were married. It is in dire need of re- pled with investments from States and pair. Weather, the sometimes very towns, that can revitalize communities RECESS harsh Vermont climate, age, and traf- across the country. This project The PRESIDING OFFICER. Under fic volume—more than 4,400 vehicles brought life back into Main Street. the previous order, the Senate stands cross it per day, 10 percent of which are Businesses filled vacant office spaces, in recess until 2:15 p.m. trucks—have led to the deterioration restaurants opened their doors, and the Thereupon, the Senate, at 12:33 p.m., of the bridge. It is one of nearly 300 sidewalks welcomed locals and visitors recessed until 2:15 p.m. and reassem- long and short bridges in Vermont that alike. The transportation funding went bled when called to order by the Pre- have been deemed structurally defi- beyond just improving the physical in- siding Officer (Mr. PORTMAN). cient. The East Montpelier Bridge re- frastructure; it was an investment in

VerDate Sep 11 2014 06:34 Jul 24, 2015 Jkt 049060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.031 S23JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 23, 2015 CONGRESSIONAL RECORD — SENATE S5487 the health and economy of the commu- The caseload statistics of the U.S. Another nominee, Jeri Somers, re- nity. Court of Federal Claims—as in other tired with the rank of lieutenant colo- The highway trust fund is not just courts—have increased and decreased nel in the U.S. Air Force, but the jun- about infrastructure; it is about jobs— at various times. This does not mean ior senator from Arkansas objected. jobs that cannot be shipped overseas. that one Republican should be per- The nominee spent over two decades Earlier this year, I met with Jeff mitted to put up a wholesale blockade serving first as a Judge Advocate Gen- Tucker, the president of Dubois & of nominees to a specific court pre- eral and then as a Military Judge in King. D&K is a Vermont owned and venting every single one of them from the U.S. Air Force and the District of based consulting engineering firm being considered on their merit by the Columbia’s Air National Guard. In 2007, which employs 100 people, including full Senate. Furthermore, in contrast she became a Board judge with the U.S. about 80 Vermonters. Jeff’s frustration to the assertions made by the junior Civilian Board of Contract Appeals and was clear: short-term highway trust Senator for Arkansas, the number of currently serves as its vice chair. fund extensions paralyze the ability of new cases filed with the court since Mr. Bonilla and Ms. Somers are just States and municipalities to plan. 2007 has actually increased by 13.4 per- two of the five nominees being blocked Jeff’s company provides high quality cent. from consideration by one Senator. Early in the last Republican adminis- engineering jobs with an average an- Both of them have dedicated the ma- tration, there was discussion about the nual salary of over $71,000. These jobs jority of their careers in service to our caseload of the U.S. Court of Federal come with full benefits—health care, Nation. They deserve better than the paid vacation, sick and holiday paid Claims, but no Senate Republican voiced concern then. In fact, during the treatment they are receiving from this time off and retirement packages. Senate. I urge the Senate majority A significant portion of his business Bush administration, the Senate con- firmed nine judges to the CFC—with leader to move to confirmation votes includes transportation-related engi- on these well qualified nominees with- neering projects that originate from the support of every Senate Repub- lican. Only three CFC judges nomi- out further delay. the Vermont Agency of Transpor- Since President Obama was sworn in tation. The Vermont Agency of Trans- nated by President Obama have re- ceived confirmation votes. This is the as President of the United States, I am portation creates a statewide plan afraid Republicans have made it their based on the State’s known Federal same double standard that Senate Re- publicans tried to apply to President priority to obstruct nominations put transportation funding share—some- forward. thing the agency has not been able to Obama’s D.C. Circuit nominees, when More than half a year into this new count on in a long time. There are they filibustered and refused to permit Congress, the Republican leadership thousands more examples of businesses any of President Obama’s three pend- has scheduled votes to confirm only around the country hampered in the ing D.C. Circuit nominees from receiv- five judicial nominees. Let me contrast same way. In a State like Vermont, a ing a vote last Congress. Not a single Republican on the Sen- that with the last 2 years of President short-term construction season paired ate Judiciary Committee raised a con- George W. Bush’s tenure. Democrats with a short-term funding stream is a cern about the CFC’s caseload either had taken over the Senate majority. If terrible combination, for both the during the committee hearings on we treated Republican President Bush State and the companies that provide these nominations last year or during that way the new Republican Senate these services. the committee debate last year or this Now the Senate is debating how to majority is treating Democratic Presi- year. In blocking these five nominees, move forward with a long-term invest- dent Obama only five judges would the junior Senator from Arkansas ig- ment in our roads and bridges and rail- have been confirmed by today in 2007. nores the Senate Judiciary Commit- ways. It is an important debate. There Instead, we confirmed 25 district and tee’s unanimous votes on these nomi- is a lot about this policy proposal that circuit court judges by July 23, 2007. nations in 2014 and again this year. He I support. I share the concerns, how- Let me say that again because I want also disregards the chief judge who to make it clear that we would not ever, of many that it will undermine speaks on behalf of the entire court the safety of riders, bikers, and pedes- play politics with judges because they and the five past presidents of the U.S. are supposed to be outside of politics. trians. Court of Federal Claims Bar Associa- The policy is not perfect, but how we By this time in the last 2 years of tion who have urged the Senate to fill pay for it should also be considered. President Bush’s term, when I was these vacancies. The highway trust fund has been sup- chairman of the Judiciary Committee, In 2003, the now-chairman of the Sen- we had moved 25 judges through the ported for the most part by a user-fee ate Judiciary Committee engaged in a driven system. Our roads and byways process to confirmation. Today’s Re- debate on the caseload of this court. He publican leadership has allowed only need our attention, but a long-term ex- said then: ‘‘I feel it is unfair to these tension of this authorization, paid for five of President Obama’s judicial Court of Federal Claims nominees to nominees to be confirmed. by robbing from other critical pro- deny them a seat by bringing up this In the last 2 years of President grams, is as unsustainable as a net- point at this late date.’’ I hope that the Bush’s tenure the Democratic majority work of short-term patches. junior Senator from Arkansas will heed moved 68 district and circuit judges America is starving for real, certain these words and remove his objection infrastructure investment. The high- to an up or down vote on these nomi- through the process to confirmation. way trust fund cannot limp forward on nees. If he personally does not believe And today, we find Republicans object- a continued series of short-term exten- these judges need to be confirmed, he ing to even considering highly quali- sions. Our country’s progress is being can certainly vote against them. fied men and women to these judge- stalled, and it is time we start building The fact is that all five of these ships. In the last 2 years of the Reagan for our future. nominees are impeccably qualified. One term a Democratic majority confirmed JUDICIAL NOMINATIONS of the nominees, Armando Bonilla, 85 judges. Mr. President, last week the junior would be the first Hispanic judge to Twenty-five by this time in 2007, 68 in Senator from Arkansas objected to a hold a seat on the court, but the junior all during the last 2 years of President request to vote on any of the five nomi- Senator from Arkansas objected. The Bush’s term. Only five for President nations to the U.S. Court of Federal nominee is strongly endorsed by the Obama. Seventeen by this time in the Claims. They have been waiting for 10 Hispanic National Bar Association and last 2 years of President Reagan’s months for a vote. He did not want to has spent his entire career—now span- term, 85 in all. Only five for President debate the merits of any of these emi- ning over two decades—as an attorney Obama. nently qualified nominees. I think the for the Department of Justice. He was You know all this does is politicize junior Senator is dusting off the Re- hired out of law school in the Depart- the Federal judiciary. They are an publican playbook from the last Con- ment’s prestigious Honors Program, independent branch of government. gress to try to do to the U.S. Court of and has risen to become the Associate The Senate ought to be confirming Federal Claims what he could not do to Deputy Attorney General in the De- them. Let’s not have a double stand- the DC Circuit. partment. ard. We made it clear we would not do

VerDate Sep 11 2014 00:59 Jul 24, 2015 Jkt 049060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.083 S23JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5488 CONGRESSIONAL RECORD — SENATE July 23, 2015 that with President Reagan and Presi- concluded there should be no change to tion in support of what the Feinstein- dent Bush. We shouldn’t do it with the current maximum truck length Wicker amendment would do and op- President Obama. limit allowed on Federal highways. posed mandatory twin 33’s. The Illinois It is up to the majority leader and Their preliminary report goes on to State Senate unanimously passed this the Senate Republicans to demonstrate say: ‘‘The Department finds that the resolution saying to the Congress: that they are not applying a double current data limitations are so pro- Leave it up to the State of Illinois. We standard that is solely driven by who found that no changes in the relevant know what is best for our State when it occupies the White House. The Senate laws and regulations should be consid- comes to infrastructure. We know what should be confirming these long de- ered until these data limitations are is best for our State when it comes to layed U.S. Court of Federal Claims overcome.’’ So that is the counsel of the safety of our citizens. nominees and then proceeding to nine the U.S. Department of Transpor- So it is people such as them. The other judicial nominees pending on the tation. Mississippi Transportation Commis- Senate Executive Calendar. I will say that I am not always bound sion, or MDOT, has passed a unanimous I see my good friend on the floor. by what the Federal departments say. resolution asking us to oppose twin 33’s I yield the floor. As a matter of fact, I would stress that on a mandatory basis. The PRESIDING OFFICER. The Sen- decisions are better made by the States Why are people so opposed to these? ator from Mississippi. and State legislators, Governors, and They haul a whole lot more. Obviously, Mr. WICKER. Mr. President, I rise to transportation commissions, but I do some people would make a lot more talk about a very important amend- think it is instructive that even these money if they could have this much ment that Senator FEINSTEIN and I will people at the Federal level are coun- area in their trailers to haul things. So be offering to the transportation bill seling against this idea of a Federal why are people opposed to it? when we move to consideration. That mandate to all 50 States that they Well, they are concerned about—for vote may be around 2 a.m., and then must move to the twin 33’s. So that is one thing—wear and tear on our Na- the clock will tick. But then at some the U.S. Department of Transpor- tion’s infrastructure. We are going to point on Sunday, I am hoping that we tation. pass a bill, I hope, in a few days and will begin the process of considering Why is ROGER WICKER from Mis- send it over to the House. We hope we amendments and, chief among them, sissippi on the floor advocating for fed- get it sent to the President on a bipar- should be the Feinstein-Wicker amend- eralism and advocating for States tisan basis, and we want to build some ment to the bill regarding truck-length making their own decisions, basically more highways. We want to strengthen increases. Our amendment would au- advocating against a Federal mandate our bridges. Everyone within the sound thorize the Secretary of Transpor- for these long trucks? of my voice knows we need to do that. tation to require a truck size-and- I will tell you. I started hearing from It is a question of how to come up with weight study before promulgating a folks. When this issue came before the the money, but the last thing we need rule to increase the minimum length Appropriations Committee, a group of to do is to authorize—not authorize, limitation for trucks. people rose up and said: What are you mandate—something that is going to Now I show to my colleagues and I doing? What are you thinking, man- cause more wear and tear and that 39 show to the Presiding Officer a poster. dating this to all 50 States without States don’t want because of the wear What I am showing is a picture, a their consent? and tear. drawing of what we call twin 33’s. This So who is for the Feinstein-Wicker Also, estimates are that this forced is the tractor trailer. Here is a 33-foot amendment and opposed to mandatory mandate, if it comes from Washington, trailer, and here is another 33-foot twin 33 trucks in all of our States? I DC—if the Feinstein-Wicker amend- trailer tacked on to the back of that. will tell you who is opposed to it—ad- ment or something like it doesn’t So twin 33’s are long trucks—longer vocates for highway and auto safety. pass—will cost about $1.2 billion to $1.8 than is allowed in 39 States. AAA knows a little something about billion per year in additional funding So far we have let the States make getting around the United States of because of the pavement damage. It the decision about whether to accept America. AAA is for the Feinstein- just doesn’t stand to reason that you these, and some 39 of our Federal Wicker amendment. The National can mandate this sort of additional States have decided: No, we don’t want Troopers Coalition knows a little truck length on the highways without trucks this long with the twin 33 trail- something about safety on the high- more damage to the highways. It ers on them in our States. ways. They are opposed to mandatory makes sense, and we have statistics to Our amendment would accept that twin 33’s. prove it. decision on the part of the States. Our I will also tell you it is very inter- Also, it is a matter of public safety. decision would allow those 39 States to esting that as for the Mississippi I will tell you that not every interstate continue to make that decision. Of Trucking Association, you would think in my State of Mississippi is exactly course, the States that want trucks every trucker would want to be for straight and narrow. We have some that long can make that decision this, make more money, and get to hills, and we have places where the themselves. haul more stuff. The Mississippi Truck- curves are less desirable than I would Why are we having to offer such an ing Association contacted our office like them to be. We are told that stop- amendment on this highway and trans- and said: We don’t want this. Senator ping distances are going to increase if portation bill? Because the Appropria- WICKER, other Members of the Senate we mandate this sort of thing on the 50 tions Committee, by a very close mar- and the House, oppose this Federal States. There are longer stopping dis- gin of some 16 yeses and 14 noes, has mandate that is about to come out of tances for double 33’s than the truck decided otherwise. Unless we act as a the Appropriations Committee and configuration we currently have on the Senate, that legislation on the appro- pass the Feinstein-Wicker amendment. roads in the United States of America. priations side of things will go forward The Mississippi Trucking Association The double 33 trailers in some studies and will become the law of the land, is for our amendment and against twin took 22 feet longer to stop than the telling 39 States that they cannot 33’s, along with a host of other truck- current double 28’s with normal oper- make their own decisions on twin 33’s. ing associations from east to west and ating brakes. So we would allow the States to con- from north to south. I have four grandchildren in Mis- tinue to make this decision while the I will tell you who else is opposed to sissippi. I have two daughters with Secretary of Transportation promul- mandatory twin 33’s: the Mississippi small children, two sons-in-law in Mis- gates a full rule to increase the min- Sheriffs’ Association and a host of sissippi, and they are driving up and imum length limitation. other States’ sheriffs associations and down these highways. I would just as I will tell you that preliminary infor- the Mississippi Association of Chiefs of soon they not have to compete on the mation from the U.S. Department of Police and a host of other State asso- roads, on those curves. Transportation indicates that we don’t ciations of chiefs of police. On Waterworks Curve in Jackson, need to go to mandatory twin 33’s. The Did I mention that the Illinois State MS, I would rather my three grand- U.S. Department of Transportation has Senate unanimously passed a resolu- children not be in a van with a twin 33

VerDate Sep 11 2014 00:59 Jul 24, 2015 Jkt 049060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.002 S23JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 23, 2015 CONGRESSIONAL RECORD — SENATE S5489 trying to pass them. I just don’t think the floor. Let’s talk about this issue. program violates our trade agreements it is safe for my children and my We will be standing in quorum calls with our two closest trading partners. grandchildren, and the State govern- and recesses subject to the call of the This debate isn’t about the merits of ments in 39 States apparently agree. If Chair for perhaps most of this week- a particular labeling program or our they decide they disagree, they have end. We have time to debate this issue opinions about how our beef or pork or that right. now and for the few moments it takes chicken should be sold. No, this debate Also, I think that Senator FEINSTEIN Sunday or Monday or Tuesday or is about a simple fact, and facts are and I, with our amendment, are stand- whenever we actually vote on this. We stubborn things. ing up for small business. Do you know are entitled to a vote, Mr. President, Whether you support COOL or wheth- who can afford a twin 33 tractor-trailer on this germane amendment. And this er you oppose COOL, the fact is that rig, double 33’s? The big guys. The big is germane. It is not something extra- retaliation is coming unless the Senate companies. You know their names. neous, dealing with social issues or acts to stop this program that the WTO They can afford to do this. And cer- Planned Parenthood or any number of has found to be discriminatory. tainly one can understand why they nongermane issues that I am sympa- Over the years, this body has at- would think it would be better for their thetic with. This is a transportation tempted many times to craft a work- business. issue. It is germane to the bill. The able COOL Program for all stake- But I will tell you there is a reason Senate needs to work its will on this holders while still living up to our why the Mississippi Trucking Associa- issue. It needs to go over to the House international trade obligations. Con- tion is opposed to this. They do not and they need to work their will. gress, through directives in the 2002 have the money to convert to a bunch I think that once we think about farm bill and the 2008 farm bill, re- of twin 33 double trailers. They would this, I would say to the Presiding Offi- quired the establishment of COOL for rather not do this. As a matter of fact, cer and to the rest of my colleagues, we meat. Through regulations issued in this Federal mandate—if Congress de- will make the decision that we ought 2009 and revised in 2013, the Depart- cides to do this, and I certainly hope to leave this issue up to the States. ment of Agriculture made several at- we don’t; I hope we don’t think we are There is a reason 39 States don’t want tempts to implement a workable and so smart we can mandate this on 50 to do this, in their considered opinion. WTO-compliant COOL Program. How- States—is going to put some small We ought to respect that decision. We ever, as I mentioned earlier, again and truckers out of business. That is why ought to do it in the name of fed- again the WTO ruled in favor of Canada the Mississippi Truckers Association eralism, in the name of the States hav- and Mexico. On four occasions—four— passed a resolution. That is why they ing the right to do things a little dif- our trade regulator ruled that the U.S. have contacted me. ferently in each State if they want to, policy did not live up to our inter- And I will tell you this, Mr. Presi- in the name of safety, in the name of national trade obligations and dis- dent. While the American Trucking As- infrastructure, and in the name of fair- advantaged our best trading partners, sociation says they are for these twin ness. Canada and Mexico. 33’s, the individual members of the I thank Senator FEINSTEIN for join- Some have suggested we should sal- ATA—the American Trucking Associa- ing with me on this bipartisan amend- vage this labeling program by once tion—have come to me and said: Thank ment, and I urge my colleagues, when again making more changes. However, you, Senator WICKER, for standing up the time comes—after the brief debate simply changing certain aspects of the for our interests because we are small on the floor on this issue has oc- program will not prevent the $3.2 bil- businesses and we can’t afford to get in curred—to vote yes in favor of the lion in retaliation from damaging our this competition. It will run us out of Feinstein-Wicker amendment. economy. Don’t take my word for it. business to have to go out and make a Mr. President, I yield the floor to my Here is a statement, issued just today, capital investment. friend. from the Canadian Government, which I would also make an argument just The PRESIDING OFFICER. The Sen- will determine whether retaliation on in the name of federalism. There is a ator from Oregon. U.S. products will take effect in the reason we have 50 States. And, you (The remarks of Mr. MERKLEY per- near future: ‘‘The only acceptable out- know, my Republican Party won an taining to the introduction of S. 1858 come remains for the United States to election in November and we won con- are printed in today’s RECORD under repeal COOL or face $3 billion in an- trol of this body. One of the things we ‘‘Statements on Introduced Bills and nual retaliation.’’ have said as Republicans is that we Joint Resolutions.’’) I have worked with many of my col- don’t think all the wisdom resides here The PRESIDING OFFICER (Mr. CAS- leagues over the years and over the in Washington, DC. We don’t like a lot SIDY). The Senator from Kansas. last few weeks to craft a solution that of Federal mandates; we like States Mr. ROBERTS. Mr. President, I call meets the needs of all stakeholders. making decisions. up the Roberts amendment for consid- However, after all of our work, it is We made a bold statement last week eration. clear that to protect our economy—to that States should make their own de- The PRESIDING OFFICER. The Sen- ensure Canada and Mexico drop their cisions and school boards locally ate is on a motion to proceed. Amend- pursuit of retaliation on U.S. exports— should make their own decisions with ments are not in order. we must first take up the House-passed regard to education. I voted for that. I Mr. ROBERTS. Mr. President, when bill repealing COOL, a bipartisan bill applaud that. It didn’t go as far as it is in order and I call up the Roberts that received 300 votes in the House of many on this side would have perhaps amendment for consideration, I will Representatives. wanted, but we made a strong state- thank my colleagues Senators ALEX- The damages Canada and Mexico are ment that we wouldn’t have a national ANDER, BURR, CORNYN, COTTON, GARD- seeking are immense—over $3.2 billion education school board policy; we NER, RISCH, SASSE, BOOZMAN, and in sanctions on U.S. products is prob- would move more of the decision- TILLIS for joining me on this amend- able if we do not repeal COOL—and making back to the States. So why on ment. these are not just agriculture products Earth, a week and a half or 2 weeks Today we ask our fellow colleagues in the crosshairs. Products including later, would we make a decision here in to stand with us to protect the U.S. beef, pork, cherries, and ethanol—re- Washington, DC, that we know more economy from $3.2 billion in retalia- peat, and ethanol—wine, orange juice, about how to take care of infrastruc- tory tariffs being applied to our ex- jewelry, even mattresses, furniture, ture; that we know more about truck ports to Canada and Mexico every and parts for heating appliances are lengths and more about safety for our year—every year. just some of the targets of Canadian re- children and grandchildren here in A recent ruling from the World Trade taliation. Mexico has yet to finalize Washington, DC, than State legisla- Organization found, for the fourth and their list, but we expect it to be just as tures do? I just don’t think we will do final time, that our Country of Origin damaging. that. Labeling Program for meat—or what California alone has $4 billion in ex- I urge my colleagues, while we have the acronym says is COOL, to which it ports to Canada at risk. Florida, Illi- some time to debate, to get down to is often referred—that this labeling nois, Iowa, Michigan, Minnesota, New

VerDate Sep 11 2014 00:59 Jul 24, 2015 Jkt 049060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.086 S23JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5490 CONGRESSIONAL RECORD — SENATE July 23, 2015 Jersey, New York, Pennsylvania, Canada will continue to stand up for the ices. West Virginians understand the Texas, Washington, and Wisconsin each rights of our cattle and hog producers to en- need for a long-term highway bill. have roughly $1 billion in exports from sure this harm is ended and to restore the Nearly one-third of our State’s major their State at risk from the Canadian value of our highly integrated North Amer- roads are currently in poor condition. ican livestock market. retaliation alone. The Federal Highway Administration I remind my colleagues that again Mr. ROBERTS. Mr. President, I sug- has listed 960 West Virginia bridges as today Canada released a statement in gest the absence of a quorum. structurally deficient. We have quite a response to legislation authored by The PRESIDING OFFICER. The few bridges in our State because of our others that reaffirmed their position: clerk will call the roll. beautiful mountains. ‘‘The U.S. Senate must follow the lead The legislative clerk proceeded to The DRIVE Act will increase funding of the House of Representatives and call the roll. for maintaining and repairing these put forward legislation that repeals Mrs. CAPITO. Mr. President, I ask bridges. The bill prioritizes mainte- COOL once and for all.’’ unanimous consent that the order for nance of our major roads, helping to Now, I must emphasize to my col- the quorum call be rescinded. address the current state of disrepair leagues that retaliation is fast ap- The PRESIDING OFFICER. Without on highways across this country. proaching and the responsibility sits objection, it is so ordered. This is a statistic of which, quite squarely on our shoulders to avoid it. Mrs. CAPITO. Mr. President, I rise in frankly, I was jarred by the number. Regardless of what farm groups, the strong support of the DRIVE Act. I Each West Virginia motorist pays an Department of Agriculture, or the commend Chairman INHOFE and Rank- average of $575 a year in extra mainte- USTR say or regardless of what some ing Member BOXER for their bipartisan nance costs due to the poor road condi- Members would like, Canada and Mex- work on this bill that passed out of the tions. The DRIVE Act will help our ico—and only Canada and Mexico— Environment and Public Works Com- States address maintenance and repair, have the ability to halt retaliation. mittee with a unanimous vote. meaning safer and less costly trips for So this takes me back to the begin- A long-term highway solution such our drivers, but the biggest thing is the ning of my statement: It doesn’t mat- as the DRIVE Act will provide our certainty that comes from a long-term ter if you support COOL or if you op- States with the certainty they need to highway bill. It is important for not pose COOL, you cannot ignore the fact advance major road and bridge only the maintenance aspect, but it is that retaliation is imminent and that projects. Passing a 6-year bill would be most important to advance new we must avoid it. a great achievement for this Congress, projects. Large highway projects are Repeal of mandatory COOL is nec- especially in the context of our recent expensive multiyear endeavors. essary to protect the U.S. economy history, and I am hopeful we will seize States can’t plan for the future based from damaging sanctions, and our this opportunity. on funding commitments for a week or amendment will accomplish just that. Several years ago, as a member of a month. Whether the issue is relieving I urge my colleagues to adopt the the House Transportation Committee, I congestion and improving access to amendment. strongly supported the last long-term rural communities to fuel economic de- I suggest the absence of a quorum. highway bill that helped support major velopment or moving freight across the The PRESIDING OFFICER. The roads in West Virginia and around the country, the DRIVE Act will help the clerk will call the roll. country. most important projects move forward. The legislative clerk proceeded to The 2005 highway bill was extended 10 In West Virginia, U.S. Route 35 in call the roll. separate times—10 times—between 2009 Putnam and Mason Counties is one of Mr. ROBERTS. Mr. President, I ask and 2012. During that period, States our most critical projects. It is an im- unanimous consent that the order for were only assured Federal funding for a portant freight link for the goods mov- the quorum call be rescinded. period of weeks or months, making ing from the Southeast to the Midwest, The PRESIDING OFFICER. Without lasting improvements to our highway but it has been two lanes for a very objection, it is so ordered. infrastructure difficult, and it shows. long time. It was one of the most dan- Mr. ROBERTS. Mr. President, I ask As we saw between 2009 and 2012, sev- gerous roads that interstate truck traf- unanimous consent that the ‘‘State- eral short-term extensions resulted in fic shared. ment from Ministers Ritz and Fast on fewer and more costly fixes. In 2012, we Thanks in part to the 2005 bill I Senator STABENOW’s Proposed Bill to passed MAP–21 to reauthorize the high- talked about, the majority of Route 35 amend U.S. Country of Origin Label- way program for 2 years. I served as a is now a four-lane highway, and our ling (COOL)’’ be printed in the RECORD. conferee on that legislation. State efforts to complete the remain- There being no objection, the mate- MAP–21 was a strong bipartisan ing 14 miles are well underway, but the rial was ordered to be printed in the achievement that included a number of DRIVE Act will aid efforts to get that RECORD, as follows: important reforms to streamline project across the finish line. It will (From Agriculture and Agri-Food Canada, project delivery and help States com- also help us build Corridor H for resi- July 23, 2015] plete their projects more efficiently dents in Central and Eastern West Vir- STATEMENT FROM MINISTERS RITZ AND FAST and economically, but ultimately ginia, an important part of the Appa- ON SENATOR STABENOW’S PROPOSED BILL TO MAP–21 was a 2-year bill. lachian Development Highway System. AMEND U.S. COUNTRY OF ORIGIN LABELING Since MAP–21, we have had more of When this road is completed, it will (COOL) the same: short-term extension after link counties in Central West Virginia (By Agriculture Minister Gerry Ritz and short-term extension. The recent his- with the Interstate 81 corridor, improv- International Trade Minister Ed Fast) tory shows how significant this oppor- ing safety and providing economic de- Senator Stabenow’s (COOL) 2.0 fails to ad- tunity we have is. We have before us a velopment opportunities for our com- dress Canada’s concerns and would continue bipartisan, fiscally responsible bill munities. to undermine our integrated North American that will provide the certainty our Whether it is Route 35, Corridor H, supply chains. By continuing the segregation States need to improve the Nation’s the King Coal Highway, Coal Fields Ex- of and discrimination against Canadian cat- tle and hogs, Senator Stabenow’s measure highway system for several years. pressway or other high-priority will harm farmers, ranchers, packers, retail- I am encouraged by the bipartisan projects across our State, States need ers and consumers on both sides of the bor- vote we saw last night to move to de- that certainty that is going to come der. This is contrary to successive World bate, and I hope my colleagues will from a dedicated Federal investment to Trade Organization (WTO) decisions that continue to work together to drive move forward. That is what a long- have clearly ruled in Canada’s favor. that DRIVE Act into law. term highway bill does while creating The U.S. Senate must follow the lead of West Virginians rely heavily, as do jobs for our construction workers. the House of Representatives and put for- most people around the country, on According to the Contractors Asso- ward legislation that repeals COOL once and for all. roads, bridges, and highways to fuel ciation of West Virginia, construction The only acceptable outcome remains for our economy, to access hard-to-reach and employment in my State fell by the United States to repeal COOL or face $3B places in our State, to get to and from 11.3 percent between November of 2013 in annual retaliation. work, and to transport goods and serv- and November of 2014. That is 1 year.

VerDate Sep 11 2014 00:59 Jul 24, 2015 Jkt 049060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.041 S23JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 23, 2015 CONGRESSIONAL RECORD — SENATE S5491 Passing a highway bill that supports whether it is simply razing the prop- this into account as we look at how to investment in our roads and bridges erty to ensure that homes in the neigh- pay for this infrastructure bill, we will will put these men and women back to borhood are not affected negatively by make the situation worse rather than work. those home values going down. better. Reauthorizing our highway program There is a lot of information out One way we are getting at this in my for 6 years would be reason enough, in there about this now because many home State of Ohio and around the my opinion, to strongly support the States have become active in doing it, country is land banks. In some of the DRIVE Act. I want to highlight an- and it appears it is working. In other hardest hit States, manufacturing other part of this bill that is important words, home values are increasing, States like Ohio and Michigan got to to my State. It reauthorizes the Appa- sometimes dramatically, by taking work attacking this issue. The re- lachian Regional Commission through down these blighted properties. I think, sources they need to demolish these 2021. West Virginia is the only State perhaps inadvertently, Members of this properties in order to help struggling whose boundaries fall entirely within body who are looking at ways to pay neighborhoods recover come in part the commission’s boundaries. for the highway trust fund extension from the Hardest Hit Fund. Earlier this year, the commission decided that the Hardest Hit Fund was In Ohio we now have 24 land banks. I marked its 50th anniversary of leading the place to look. There is no question think there are six more in formation. efforts to fight poverty and improve there has been a GAO report about By the end of the year, we expect to the quality of life in the Appalachian some aspects of this fund and how it have at least 30 county land banks in region. Over that period, poverty in the has been used, where there might be Ohio. Appalachian region has been cut in need for reform, maybe significant re- After visiting some of these neigh- half, and the percentage of residents form, but this one area of dealing with borhoods that are impacted by these over 25 with college degrees has nearly blighted properties is one we need to be homes and walking the streets with local officials in 2013, I authored a bill tripled, but there is much more work very careful with. to be done. Main Streets across our country are called the Neighborhood Safety Act. It The DRIVE Act authorizes a looking to us right now in the U.S. was a companion bill to a bipartisan broadband deployment initiative Senate to ensure that we don’t over- House effort that was led by some Ohio through the ARC to help increase ac- reach, and trying to find funding for in- Members of Congress, including DAVE cess to high-speed internet—a problem frastructure, in effect, creates more JOYCE, MARCY KAPTUR, and MARCIA in rural America—in support of dis- problems in those neighborhoods. In FUDGE. Our legislation called for the Hardest Hit Fund to be used for demo- tance learning, telemedicine, and busi- my home State of Ohio, we have nearly lition purposes. ness development. 80,000 dangerous abandoned homes. One After we pushed for this and pushed Reauthorizing the ARC and bringing of the best things that you can do to aggressively, this important change broadband to small, economically dis- address public safety in tumbling home was made. It provided nearly $66 mil- tressed communities will help bring values in those neighborhoods is to de- lion to my State of Ohio to deal with jobs to West Virginia. The ARC pro- molish these structures. By the way, these thousands of abandoned homes vides important support for health some of the data that we have from cit- we talked about. I know the State of care, education, and infrastructure pro- ies in my home State of Ohio says they Michigan also received a significant grams, and I am pleased the DRIVE cost neighbors up to 80 percent of their part of the Hardest Hit Fund for these Act will allow the commission to con- value. purposes, as did other States. Again, I We have also seen that first respond- tinue its efforts for the next 6 years. am concerned about this potential pay- Now is the time to move our trans- ers sometimes are at risk when these for in the legislation that could take portation system forward and meet the homes are subject to arson and other away some of these funds, which are needs of our growing population, en- crimes. Sadly, we lost a firefighter in critical for doing this important work. sure safety for travelers, and promote one of these homes in Ohio because of I have been in touch with the land growth in areas that struggle economi- arson. banks in Ohio. I am talking to the Ohio I remember touring some of these cally. The Senate has the opportunity Housing Finance Agency to determine abandoned homes in Toledo, OH, where to make a real and positive difference what is the best path forward to pro- I got to witness one of the homes being for all Americans by passing the tect these funds. We are working right DRIVE Act. torn down. I have done the same thing now with the committee leadership to I ask my colleagues on both sides of in Warren, OH, and I have done the see if we can modify the language in the aisle to support this important leg- same thing in other communities the underlying bill. I know it is some- around our State. I have done the same islation. thing that is a concern to Senator STA- The PRESIDING OFFICER. The Sen- thing in Toledo with the mayor. As we BENOW because I spoke to her about it ator from Ohio. were talking to neighbors, I asked the earlier today, as well as my colleague Mr. PORTMAN. Mr. President, as we neighbor who was right next to one of from Ohio Senator BROWN. have been talking about fixing our Na- the homes being torn down, how do you I don’t know what we are going to do tion’s infrastructure, I want to raise a feel about this? She said what other going forward. We may need to offer an concern I had with one of the potential neighbors have told me on other oppor- amendment to change the language. I ways in which we are talking about tunities that I have had to go into am hopeful we can have this be part of paying for it. That is by using funds these communities and talk about a managers’ amendment. Again, deal- out of what is called the Hardest Hit abandoned homes. She said: Well, it ing with these abandoned, blighted Fund. will be better because there is less homes is a public safety concern. It is Over the years, I have worked in my blight and there is less crime. We have a huge concern for local officials, local State of Ohio and around the country a concern because this abandoned home officials in my home State whom I to help deal with this issue of aban- is being used by drug dealers. But she have talked to, been on the streets doned homes. We are all concerned also said: You know, ROB, I live right with, but also local officials across our about communities that have blighted next to this home. There are only a few country. We have to protect these properties because they tend to be feet that separated these two homes. funds for the communities that so des- magnets for crime, for drugs, and for She said: I have three kids at home. perately need them. other illegal activity. It turns out that Every night when I went to bed, I was I wish to particularly thank a friend one of the best ways to increase home worried about what might happen, that back home, Jim Rokakis, director of values in some of the blighted neigh- an arsonist would light this home on the Thriving Communities Initiative at borhoods around our country and in my fire, as has been done throughout the the Western Reserve Land Conser- home State of Ohio is to actually take city of Toledo and other cities with vancy. He has done excellent work these abandoned homes, tear them abandoned homes, and that my kids highlighting issues in Ohio and has down, and have that property be used would be at risk. helped to bring people together. for other purposes, whether it is new This is something that is working. I I hope we will be able to resolve this development, a community garden or am concerned that if we do not take issue in a managers’ amendment, but if

VerDate Sep 11 2014 06:34 Jul 24, 2015 Jkt 049060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.044 S23JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5492 CONGRESSIONAL RECORD — SENATE July 23, 2015 not, I do intend to offer an amendment, ported out of our committee—the gov- efit an enormous number of Americans and I hope that amendment can be sup- ernmental affairs committee—earlier whose wages have remained virtually ported on a bipartisan basis to ensure this year with a strong bipartisan vote. unchanged while the cost of education, that we are not, perhaps inadvertently, I believe the vote was 12 to 1. It is sup- childcare, and retirement have risen taking away this tool that we are using ported by the U.S. Chamber of Com- steadily over the past decade. every day to make our neighborhoods merce and also by the AFL–CIO Build- Last month, we saw the 64th straight safer and to improve home values for ing Trades Council. They feel strongly month of private sector job growth the people we represent. about it for all the right reasons. They since the Great Depression. Our econ- The final point I wish to make about want to bring back some jobs. A lot of omy overall is getting stronger, but the underlying legislation is that it construction jobs that were lost during too much of that prosperity is going to also includes very important language the financial crisis have yet to come people at the top. Middle-class families that reforms our regulatory system— back. This will help. and those aspiring to be in the middle specifically, our permitting system. I commend the authors of the under- class simply are not reaping the bene- For years now, people have been talk- lying legislation for including my bill fits. In fact, America’s wealth gap be- ing about the fact that America is a as part of the underlying bill. I sure tween middle-income and upper-income place where it is hard to building some- hope it stays in the bill because it is families is at its highest level—the thing. In fact, it has gotten to the the right thing to do for taxpayers, it gap—since 1983. The gap between the point that one international survey is the right thing to do to get projects highest and lowest earners is at its that is widely respected has said that moving, and, of course, it is the right greatest since before the Great Depres- America has fallen to No. 41 in the thing to do to create more jobs at a sion. This kind of inequality is not just world in terms of the ease of doing time when all of us continue to be dis- bad for those workers. It is bad for our business as it relates to green-lighting appointed by the recovery, which is one economy as a whole, which is strongest a project. Think of a commercial build- of the weakest recoveries we have ever when we have a thriving middle class. ing, road or bridge being built or an en- seen in the history of our country. ergy project, whether it is solar, wind Overtime protections were first I thank the Presiding Officer for al- passed as part of the Fair Labor Stand- or oil and gas. lowing me to talk about an issue that What we are finding out is that it is ards Act of 1938 in the midst of the is of concern; that is, that the Hardest Great Depression, when the economy so hard to build something in America, Hit Fund does an excellent job in our that some of these funds are going was far worse off than it is now. It was communities with regard to abandoned somewhere else. Sometimes in foreign passed as a way to protect workers homes. We have to be careful that we capitals, as we visit as congressional from abusive employers and lay the not pull the rug out from under these delegations, we see a lot of cranes and groundwork to rebuild the middle organizations that are doing a terrific a lot of activity. Part of that is be- class. While overtime protections have job helping to make our communities cause these funds are not coming to been a staple of the American econ- safer and helping to increase home val- this country because it takes so long to omy, they no longer reach many of the ues. build something and to get the per- workers they were intended to help. Again, I wish to commend those who mits, and there is so much uncertainty Just look at the trends. In 1975, over- have included in this legislation our and the capital is not patient enough. time covered 62 percent of full-time permitting bill. Senator CLAIRE There is more legal liability here than salaried workers, including a majority MCCASKILL from Missouri and I have in so many other countries. So being of people with college degrees. Today worked on this for 3 years. It is good No. 41 in the world has led to our hav- only 8 percent of workers are eligible bipartisan legislation. It makes sense ing fewer good-paying construction for overtime, which is an especially in order to get America back to work jobs here in this country. alarming statistic since hourly wages and building things again. It will help As a result of this concern, over the for the average worker have remained in terms of the highway funding by last 3 years, I worked with my col- flat in real dollars since 1979. That is making sure that funding goes further, leagues on both sides of the aisle to why in January of this year I joined and it will also help in terms of all draft commonsense legislation to speed several of my colleagues in pushing sorts of construction of other projects, up the permitting process, while still President Obama to update these out- such as energy projects, commercial ensuring that we go through a regu- dated overtime rules. We asked the buildings, and other infrastructure. latory process that includes an envi- President to allow more working peo- ronmental review and other reviews. With that, I yield to my colleague. The PRESIDING OFFICER. The Sen- ple to qualify for overtime and to index This legislation streamlines the proc- those earnings, that threshold, to keep ess and requires one Federal agency to ator from Minnesota. Mr. FRANKEN. Mr. President, I ask up with inflation so that future genera- be accountable, which is not the case unanimous consent to speak for up to tions of American workers could reap now. It deals with some of the issues the benefits of their hard work. I am that we have now. For instance, you 10 minutes as in morning business. The PRESIDING OFFICER. Without glad the administration agreed. These may have as many as 35 different Fed- objection, it is so ordered. proposed rules will help put more eral permits on an energy project just money in the pockets of those who to get the project going. OVERTIME PAY Mr. FRANKEN. Mr. President, I rise work longer hours or provide incentive It also helps with regard to legal li- to employers to hire more workers or ability. With regard to the statute of today to talk about the Department of Labor’s proposal to provide overtime increase the hours of part-time work- limitations, instead of having it run 6 ers and help strengthen the economy. years after the final environmental re- pay to more Americans, a step that could affect as many as 90,000 middle- These rules will allow workers to spend view, we limited that to 2 years, which their new-found earnings and spur fur- is plenty of time to bring a lawsuit. class workers in Minnesota and nearly 5 million around the country. ther economic growth. They will help Some have found that the 6-year stat- grow our shrinking middle class, which ute of limitations makes it very dif- Right now, if someone makes more is the backbone of our economy, and ficult to find investors. than $450 a week, or about $24,000 a help create a pathway for those who This is an important part of the leg- year, there is a very good chance they islation that we are dealing with as don’t qualify for overtime pay, and want to become a part of the middle part of the highway trust fund. It is that is below the current poverty line class. It is vital that we support this part of this infrastructure bill and will for a family of four. The newly pro- proposal to guarantee overtime pay to not only provide more funding for our posed regulations would raise that millions of more Americans. highways and roads but will also en- level to $970 a week, or about $50,000 I thank the Presiding Officer, and I sure that we can move forward with annually. That means that a salaried suggest the absence of a quorum. more of these projects more quickly worker earning less than that amount The PRESIDING OFFICER. The and use the money for efficiently. will be able to benefit from overtime clerk will call the roll. This legislation has been supported pay regardless of the duties that he or The bill clerk proceeded to call the broadly across the aisle. It was re- she performs. This change would ben- roll.

VerDate Sep 11 2014 00:59 Jul 24, 2015 Jkt 049060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.046 S23JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 23, 2015 CONGRESSIONAL RECORD — SENATE S5493 Mr. HOEVEN. Mr. President, I ask pairs. That is real money. The roads This bill fails to bring our railroads unanimous consent that the order for are in very bad condition—45 percent of into the latest 20th-century tech- the quorum call be rescinded. them—in the New Haven area alone. nology, not to mention the 21st-cen- The PRESIDING OFFICER. Without And the ‘‘TRIP report’’ ought to be a tury technology that positive train objection, it is so ordered. powerful reminder of the need for ro- control offers. Mr. HOEVEN. Mr. President, I ask bust and enduring investment. The Northeast Corridor is in urgent unanimous consent to speak as in I wrote to the writers and drafters of need of at least $570 million per year to morning business for up to 10 minutes. the bill before us asking for a good bill enable a decent and adequate state of The PRESIDING OFFICER. Without that makes the kind of investment we repair, to give railroads a realistic objection, it is so ordered. need to respond to the needs that are chance of implementing lifesaving (The remarks of Mr. HOEVEN per- reflected in the ‘‘TRIP report,’’ which positive train control technology, and taining to the introduction of S. 1844 is in the range of billions of dollars a to improve safety at rail grade cross- are printed in today’s RECORD under year, but this measure provides to Con- ings. That is money which can’t be cre- ‘‘Statements on Introduced Bills and necticut only about $500 million a ated by a mirage or an illusion in a bill Joint Resolutions.’’) year—a pittance compared to what the like this one. The national infrastruc- Mr. HOEVEN. I yield the floor. need is in Connecticut. ture safety and investment grants pro- I suggest the absence of a quorum. According to the American Society gram was designed to provide this level The PRESIDING OFFICER. The of Civil Engineers and the Federal of support. If Congress were to dedicate clerk will call the roll. Highway Administration, keeping the necessary funding from the high- The bill clerk proceeded to call the roads and rail reliable and safe means way trust fund, it could be done, but roll. investment. Creating jobs means in- Congress is ignoring this fundamental The PRESIDING OFFICER. The Sen- vestment. Driving the economy for- need. ator from Connecticut. ward means investment. All of those On our roads, American bus and Mr. BLUMENTHAL. Mr. President, I goals can be served by a robust and truck drivers perform an essential ask unanimous consent that the order adequate investment. for the quorum call be rescinded. I urged that the bill cover the full 6 service and they work hard at it, but The PRESIDING OFFICER. Without years. Instead, this bill really is a mi- their industry also has well-docu- objection, it is so ordered. rage of what is necessary. The bill be- mented safety issues. Unfortunately, Mr. BLUMENTHAL. Mr. President, fore us fails to provide a long-term and this legislation creates additional hur- as I watch this great deliberative body robust plan to meet the priorities for dles for the Federal Motor Carrier move toward a transportation bill, I our Nation’s transportation infrastruc- Safety Administration to promulgate sometimes feel as though I am watch- ture. Major construction projects, such rules and to address safety issues. ing an impending train wreck or a car as building the I–84/Route 8 highway Rather than making the world safer, it crash because on the issue of safety interchange in Waterbury, known as actually enables more danger. this bill reflects a tragic, unfortunate, the Mixmaster, and replacing the The bill before us allows 18-year-olds unforgivable missed opportunity. If we Aetna Viaduct portions of I–84 in Hart- to sit behind the wheel of an 80,000- authorize this transportation measure, ford, will take years to complete. This pound truck going 75 miles an hour— which is vitally important to the fu- bill provides only the illusion of a long- with no requirement to get rest—to ture of our Nation and will help drive term authorization, backed only by 3 drive 75 miles an hour not only within economic growth and create jobs, we years of dedicated funding for high- the State but across State lines. will miss the opportunity to make our ways and no—let me repeat—no dedi- The bill allows giant twin 33’s—new roads and rails safer, more reliable, and cated funding for critical infrastruc- to our roads—to be driven across State more resilient for our economy and ture investment in our Nation’s com- lines, putting drivers at risk and fur- quality of life. We are missing an op- muter railroads. ther degrading our highway system. portunity to, in effect, save lives. When the American people discover The bill eviscerates rules on how Anyone who has opened the morning what is in this bill, they are going to much rest truckdrivers must take. newspaper and read about a derail- again say: Why can’t they do some- That rest is essential to safety. ment—whether in Bridgeport, Rikers thing? Why can’t they do something I sought to strike and modify these Island, the Bronx, NY, or Philadel- better than this train wreck and car damaging provisions in committee, and phia—causing injuries, deaths, loss of collision of a bill? I urged my colleagues to support essen- both life and property, can ask, under- I voted against the motion to proceed tial safety reforms, but unfortunately standably, why can’t they do some- to this bill because of its failure to pro- those calls went unheeded. thing? Anybody who discovers a used vide a path forward and this bill’s fail- car bought by a friend or a relative or ure to provide a reliable funding source Over the last 2 years, the commerce oneself rife with recalls and the need for the commuter rail systems millions committee has had a tragic front-row for repairs can justifiably ask, why of Americans depend on every day and seat—a unique insight into the trage- can’t they do something? Anybody who its failure to address our country’s on- dies that pile up when safety is ig- has had a near miss on the highway going crisis in transportation safety. nored. Our national safety regulators with an 80,000-pound truck going 75 We have seen the evidence of safety all too commonly look the other way miles an hour because there is a tired failure in a variety of tragic in- when auto companies, for example, truckdriver under pressure from an stances—in Philadelphia, in West- conceal information to protect profits owner or because there are two 33- chester County, where a collision at a over human life. length rigs can justifiably ask, why grade crossing killed six people; a de- I appreciate the work of Senator haven’t they done something? The an- railment in the Bronx that killed four; BOXER, who has stripped the most of- swer is because the Senate is missing a train on the wrong track that struck fensive provisions out of the title gov- an opportunity now, this year, on this and killed a worker in West Haven; erning the National Highway Traffic bill. and, of course, the derailment in Safety Administration. That title no I spend a lot of time driving Con- Bridgeport that injured more than 70 longer limits grants for the prevention necticut’s roads and seeing firsthand people. of drunk driving, for example. Unfortu- how all of these vital forms of trans- Positive train control would help pre- nately, it still contains unacceptable portation—railroad, bridges, ports, and vent these kinds of tragedies. It is a loopholes. airports—are in need of investment. technology similar to GPS—not much Due to the GM ignition coverup and The latest example and evidence is more complicated—that monitors the Takata airbag crisis, there are cur- from a report released today—it is track conditions and speeds and helps rently an unprecedented 64 million cars called the ‘‘TRIP report’’—in New trains slow or stop before there is a on the road today that are under safety Haven finding that 45 percent of roads collision or derailment. It is not a new recall. Let me repeat that number. there are in poor condition and that or novel or original, untested tech- There are 64 million cars on the road the cost to drivers is $707 a year in re- nology; it has been around for years. today that are under safety recall.

VerDate Sep 11 2014 00:59 Jul 24, 2015 Jkt 049060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.047 S23JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5494 CONGRESSIONAL RECORD — SENATE July 23, 2015 That is 25 percent of the total 250 mil- Mr. PERDUE. Mr. President, I ask 13, 14, or 15 . . . the breakout times lion cars in America. To say this num- unanimous consent that the order for would have shrunk down to almost ber is unprecedented fails to do it jus- the quorum call be rescinded. zero.’’ tice. The PRESIDING OFFICER. Without So this deal will not protect Iran Along with a number of my col- objection, it is so ordered. from becoming a nuclear weapons leagues, particularly Senator MARKEY, Mr. PERDUE. Mr. President, I ask state; it just delays it. As I have said I advocated numerous policy changes unanimous consent to speak as in all along, I cannot support any deal to ensure accountability for these morning business for up to 15 minutes. that allows Iran to become a nuclear problems and make them less likely in The PRESIDING OFFICER. Without weapons state—not now, not in 10 the future—not just to punish but to objection, it is so ordered. years, not ever. protect. I would like to focus on two NUCLEAR AGREEMENT WITH IRAN What is more, this deal provides Iran that are particularly urgent. Mr. PERDUE. Mr. President, I rise with billions of dollars of sanctions re- First, many of the cars that have today to talk about a very important lief upfront, before the IAEA completes been recalled are 10 or more years old topic for our country, the future of our its assessment on whether Iran’s nu- and in the hands of their second or kids, and the future of our kids’ kids. clear program is indeed peaceful. It third owners. There needs to be a pro- This morning I was in a Foreign Re- took the IAEA 19 years to make this vision that says to these car dealers lations hearing about Iran. It is pretty determination for South Africa’s pro- that when a car is in a recall, they obvious that the administration has gram. And this deal starts lifting have an obligation to notify a new decided once again that our democratic United Nations and European Union owner and, in fact, to repair the car. values and procedures are just too high sanctions this year, the arms embargo Second, as we learned in the case of of a hurdle to clear. Instead of keeping in 5 years, and the ballistic missile ban GM, Federal prosecutors simply lack its promise to the American people and in 8 short years. This deal will provide legal tools to file criminal charges following the pledge it made to Con- Iran with a windfall of sanctions relief against companies for knowingly con- gress just a few months ago to give ev- of up to over $100 billion—funds that cealing information about defects that eryone time to review the terms of this President Obama’s National Security can kill. Deliberate coverup and con- deal, the administration has instead Advisor Susan Rice just recently con- cealment of deadly defects should be undercut all of us again. This adminis- ceded will go to terrorism, the Iranian punishable criminally, as it is in other tration has effectively ignored 98 Sen- military, the Houthis, and Assad. industries where the stakes are simi- ators—myself included—and 400 Rep- President Obama said that ‘‘this deal lar. We know that employees at GM resentatives who voted for the Iran Nu- is not built on trust, it is built on veri- were aware of dangerous safety defects clear Agreement Review Act earlier fication.’’ But this deal doesn’t require but chose to remain silent or, in fact, this year. By advancing this vote at ‘‘anytime, anywhere’’ inspections of all mislead authorities, leading to hun- the U.N. Security Council, this admin- nuclear and military sites. Instead, it dreds of injuries and deaths. istration has violated the very balance empowers Iran to create lengthy delays This measure and the DRIVE Act do of power between our three branches of when IAEA inspectors request access nothing to hold manufacturers or their government. to suspicious nuclear sites that are in- corporate officers criminally respon- I am outraged that this administra- deed not declared by Iran. From what I sible when they knowingly fail to dis- tion continues to circumvent Congress understand, the IAEA will have two close those risks. Even after the de- at every turn, from regulations, to teams traveling a country twice the fects are discovered, this bill lacks the mandates, to foreign policy. This is an size of Texas. And let’s not forget that teeth to ensure that wrongdoing is not absolute failure of the administration Iran developed the Fordow facility and repeated. Their civil penalty authority to do what is best for the American it operated for years despite having for safety violations is currently people, our security, and indeed the se- IAEA teams on the ground. capped at $35 million. The DRIVE Act curity of the world. And if we do find Iran to be in viola- leaves these fines at just a pittance The precept for this deal with Iran tion of this deal, our enforcement compared to the revenue of GM—less simply doesn’t make sense. This deal mechanism has no teeth. Snapback than the cost of doing business. Safety started off by ceding the right to en- sanctions in fact are a fantasy. Para- fines need to be meaningful rather than rich to Iran immediately, reversing graph 37 of the Iran deal states that a pittance, less than the cost of doing decades of U.S. nonproliferation policy. Iran will cease performing all of its business. Congress must remove this In fact, Secretary Kerry said in 2013 commitments to the deal in the event cap and ensure that safety penalties that ‘‘we do not recognize the right to of a full or partial snapback. Iran will provide a meaningful deterrent to enrich.’’ walk away if we try to hold it to the wrongdoing. Even at $70 million, it is a This deal reverses six United Nations very deal it just signed off on. pittance compared to GM, which made Security Council resolutions and turns With this all-or-nothing nature of the $156 billion in 2014. a pariah proliferator into a legitimate snapback, will anyone try to punish Americans deserve better than an- nuclear state. Iran’s cheating? History tells us that other 6 years of crashes, bridge col- This agreement allows Iran to leap- when Iran cheats, it does so incremen- lapses, accidents that are preventable, frog over the 18 countries who have tally, in small steps, so no single ac- and they need protection to stop it. I peaceful nuclear programs but no en- tion in and of itself can be punished, hope my colleagues will join me to im- richment and to be treated like coun- but when you look at it over time, plement reforms now and take strong tries like Argentina, Brazil, Germany, their cheating is egregious. steps to build and maintain a transpor- Netherlands, and Japan who have Will any nation be willing to stake tation system worthy of the greatest, peaceful energy programs and domestic sinking the entire deal over minor strongest country in the history of the enrichment but who do not have a nu- cheating? Even if sanctions are indeed world. clear weapon. These five nations are snapped back, Iran’s sanctions relief is For our economy, we can create jobs. upstanding members of the inter- front-loaded. They will be able to so For our quality of life, we can ensure national community. quickly pad their economy to make quality and convenience. For our safe- This deal takes Iran—the largest themselves more resistant to future ty, we can prevent tragedy. We can do state sponsor of terrorism and a viola- sanctions. Most dangerously, this deal better with a transportation system tor of human rights as well as an inter- is predicated on the idea that the re- that keeps people safe. national pariah—and treats Iran’s nu- gime will change its dangerous behav- Thank you, Mr. President. clear program like Japan’s. ior, when we have only seen proof that I yield the floor. Secretary Kerry said at a hearing in we will see more of the same—sponsor- I suggest the absence of a quorum. the Foreign Relations Committee in ship of rogue regimes and terrorism The PRESIDING OFFICER. The March that ‘‘our negotiation is cal- worldwide. clerk will call the roll. culated to make sure that [Iran] can So I am curious, given what we know The bill clerk proceeded to call the never have a nuclear weapon.’’ But now about this deal, how the United roll. President Obama has said that ‘‘in year States not only voted for this deal at

VerDate Sep 11 2014 00:59 Jul 24, 2015 Jkt 049060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.061 S23JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 23, 2015 CONGRESSIONAL RECORD — SENATE S5495 the United Nations Security Council it right. I was not sent to Washington If we continue to do short-term ex- but actually sponsored the resolution. to accept this status quo. tensions—again 33, literally 33 short- Secretary Kerry claims that should A serious long-term solution needs to term extensions since 2009—that is a Congress disapprove of this deal, we be fully funded, not filled with half- terrible way to run a highway program. would be in noncompliance with all of empty promises that cannot be kept or It does not allow State departments of the other countries in the world. He could add to our national debt. I am transportation to plan. It does not claims that there will be no nation working to find a responsible way for- allow those who are involved in the standing with us on our sanctions or ward in order to provide Georgia and construction, the contractors who opposition to Iran. other States with more certainty build our roads and bridges, an oppor- Well, I say we let the nations of the through a longer term solution, instead tunity to plan. It creates all kinds of world decide for themselves. Let’s give of settling for just another short-term uncertainty out there. the world the option. We have stood fix. Today, I am introducing an amend- We need the certainty that comes alone before. Do you want to do busi- ment to simply match the authoriza- with a long-term highway program in- ness with Iran or the United States? tion period with the available funding. stead of having these 33 short-term ex- We have stood alone many times in his- That sounds basic; it sounds simple. It tensions. So this is a unique oppor- tory when it meant doing the right is what I have to do at home in my tunity that we have to actually put in thing. home budget. It is what most Ameri- place policies that would guide us at The American people and the fine cans have to do. If they don’t have the least for the next 3 years and hopefully people of Georgia who are calling and money, they don’t spend it. This beyond. Our transportation system is writing into my office every day are amendment ensures that Congress is one of our government’s visible assets. uncomfortable with this nuclear deal not authorizing spending programs be- Our constituents who sent us here no- for Iran, and they are uncomfortable yond a point where there is no money tice when there is a problem with it. with our future under its provisions. So to pay for them in the future. The Federal infrastructure invest- I say to this administration that you I urge my colleagues to join me in ment that Senator INHOFE and Senator cannot circumvent the American peo- breaking Washington of its chronic BOXER have taken the lead on in the ple with this nuclear deal. Congress overspending problem. I urge my col- Environment and Public Works Com- will have its say. We worked hard for leagues to support a fiscally respon- mittee and the transit projects for this 60-day review period and I will do sible highway bill that matches the which the banking committee is re- my part to muster the 67 votes re- length of the authorization with the sponsible are not the only critical quired to disapprove a deal that leaves funding mechanism. That way we can parts of our transportation system. Iran as a nuclear threshold state in a continue to fund our critical infra- There are policy decisions and ad- little more than a decade. structure projects without compro- vanced safety initiatives. We have This 60-day oversight period is the re- mising our conservative budget prin- rules governing how and when and sult of a bipartisan effort in the House ciples. where we build critical projects, as and Senate, protecting the balance of I yield the floor. well as oversight of various regulations the three branches of government. Now I suggest the absence of a quorum. The PRESIDING OFFICER. The at the U.S. Department of Transpor- we must act together to protect our clerk will call the roll. tation regarding trucking, freight rail, country and our world from a very bad The senior assistant legislative clerk passenger rail, and automobile safety actor like Iran from ever becoming a proceeded to call the roll. requirements. nuclear weapons state. Mr. THUNE. Mr. President, I ask These areas are the exclusive juris- Mr. President, I rise also in the time unanimous consent that the order for diction of the Senate commerce com- remaining to speak very briefly of a the quorum call be rescinded. mittee. I have the honor of chairing current issue that we are going to vote The PRESIDING OFFICER. Without the Commerce, Science, and Transpor- on, possibly this weekend; that is, the objection, it is so ordered. tation Committee. I was pleased to see highway trust fund. Georgia sent me to Mr. THUNE. Mr. President, I ask my friend from Florida, Senator NEL- Washington to help solve our fiscal cri- unanimous consent that I be allowed to SON, who is the ranking member of our sis, not make it worse. As a member of speak for up to 15 minutes. committee, return last night following the Senate Budget Committee, I am The PRESIDING OFFICER. Without his surgery last week to help advance working every day to find smarter objection, it is so ordered. consideration of the DRIVE Act. ways to prioritize our spending. That Mr. THUNE. Mr. President, the Sen- Let’s talk about some of the policies way we can support critical functions ate has an opportunity to pass a that I have worked on with colleagues of the Federal Government such as multiyear transportation bill that en- on both sides of the aisle that will not funding our National Highway System. sures critical transportation projects become law if we fail to move forward Make no mistake—I support funding move forward without disruption. As with this bill. Keep in mind that Sen- infrastructure, but we must do it re- part of this bipartisanship bill, the ators WICKER and BOOKER are the au- sponsibly. Transportation is a top pri- DRIVE Act, we also have an oppor- thors of the rail safety bill that the ority as it supports a robust economy tunity to pass necessary policy changes commerce committee passed by voice and is one of the responsibilities the that enhance safety and make our vote last month, and their bill is in- Federal Government is charged with in transportation system work better. cluded in this legislation. executing under the Constitution. As Part of the DRIVE Act includes im- Let’s also recognize that commuter we continue to debate the highway bill portant work on transportation policy rail systems, including New Jersey in the Senate, I am committed to find- we have undertaken at the Senate Transit and Virginia Railway Express, ing the right funding and enough fund- Commerce, Science, and Transpor- have stated that they will not meet ing for our critical infrastructure tation Committee. We will lose an op- Federal deadlines for implementing needs. portunity to pass bipartisan reforms if positive train control technology. This As proposed, the highway bill author- we do not approve this critical legisla- legislation currently before the Senate izes spending for the next 6 years yet tion. would authorize grants and prioritize only funds these programs for the next The last time we passed a multiyear loan applications to help commuter 3 years. Passing responsibility over to transportation bill into law was 2012. railroads deploy this new technology to the next Congress to find additional However, since 2009, we have passed 33 help address safety issues and to get funding mechanisms for the remaining short-term extensions to avoid a fund- positive train control up and running 3 years is unacceptable. It is what has ing gap that would stop much-needed as soon as possible. gotten us in this debt crisis in the first transportation projects. Highway and The bill also includes numerous addi- place. Some of my colleagues have sug- transportation infrastructure tional rail safety requirements, includ- gested this is simply the way the Sen- projects—and in many urban areas, ing the implementation of necessary ate has acted in the past. Yes, I got public transit projects—are important automatic train control modifications that. Again, it is what got us here. to our constituents and our Nation’s and crew communication improve- That may be true, but it does not make economy. ments, to improve operations while

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Remember, there have al- roads to create more accountability. cated grant program with ignition ready been 33 short-term extensions This bill requires all passenger rail- interlock laws continues. passed by Congress since 2009. roads to install such equipment in A pilot program our bill proposed A silent part of every argument for a their locomotives. In fact, I have a let- that would allow licensed truckdrivers short-term extension is let’s not ad- ter here from the National Transpor- between the ages of 18 to 21 to cross dress safety and other critical trans- tation Safety Board, in which Chair- short distances outside the borders of portation needs. The right decision for man Christopher Hart says: their home State now requires not only the American people is to seize the op- I applaud the recent passage of the pas- the approval of participating States portunity to pass a bipartisan, senger rail safety bill. I was pleased to see but also the approval of the Secretary multiyear transportation bill without the inclusion of our recommendations re- of Transportation. At the Commerce delay. garding inward and outward audio and image Committee we have worked on a bipar- I wish to share with you some of the recorders. letters of support we have received Thank you for your ongoing support of the tisan basis to change, drop or add pro- NTSB. visions since we marked up the bill to from various organizations that have looked at the body of work that is in- That is from the National Transpor- earn the support of colleagues on both cluded in these particular provisions tation Safety Board Chairman, Mr. sides of the aisle. that I have mentioned. Christopher Hart. So having these nec- There are still some differences. I ex- pect amendments where this body will The Governors Highway Safety Asso- essary improvements will make our ciation says: passenger rail systems much safer as have the opportunity to decide impor- GHSA congratulates the U.S. Senate Com- they travel across the country. tant issues that we have debated throughout the committee process. One merce Committee on releasing S. 1732. This The bill also streamlines the permit- six-year reauthorization bill will provide ting process for improvements to exist- such issue, which I heard a variety of needed stability and consistency for state ing railroad track and infrastructure opinions about, concerns the current highway safety agencies to reduce the num- and improves multimodal planning and $35 million cap on fines that the De- ber of crashes, injuries and fatalities on permitting. The Secretary of Transpor- partment of Transportation can assess America’s roads. tation will have new authority to speed on manufacturers for auto safety viola- This is from the American Public up projects and to reduce paperwork tions. This bill would double the cap to Transportation Association. It says: burdens. Outside of improving rail safe- $70 million, provided that the Depart- On behalf of the American Public Trans- ty, we include a proposal offered as an ment first finishes a still undone rule- portation Association (APTA), our 1,500 amendment during committee markup making process on penalty assessment member agencies, and the millions of Ameri- by Senator MCCASKILL to ban rental factors that was required in our last cans that depend on public transportation, I car companies from renting vehicles highway bill. write to commend the Committee’s hard work to advance comprehensive rail legisla- needing recall repair work. I have heard arguments that this cap on fines for auto safety failure should tion that attempts to address safety, funding We also include several provisions to needs, Amtrak enhancements, improved increase consumer awareness of recalls, be raised more or even set at an unlim- project delivery, and other important rail increased corporate responsibility, and ited amount, but we are doubling this policy issues. improved highway safety efforts in all cap to $70 million and conditioning an We fully support the inclusion of a rail the States. Following a harsh inspector additional increased authorization for title within any broader surface transpor- general report criticizing the Federal vehicle safety on implementing needed tation authorization package considered in Government’s auto safety regulator, reforms. the Senate. this bill requires the full implementa- This bill enhances safety. If we do That was from the president and CEO tion of reforms outlined in that report. not pass this bill, auto safety regu- of the American Public Transportation Once these reforms are implemented, lators don’t get more funding, as called Association. the agency’s funding authorization will for by Secretary Foxx and various safe- The National Association of Railroad substantially increase to meet the ty groups following the record 64 mil- Passengers states that they are writing GROW AMERICA requests for vehicle lion auto safety recalls we have wit- ‘‘to endorse the inclusion of the Rail- safety efforts. These are important nessed over the past 2 years. Penalties road Reform, Enhancement, and Effi- safety provisions in this bill. They for auto safety violations will not go ciency Act (S. 1626) into the Com- make our roads and our transportation up if this bill doesn’t pass, commuter prehensive Transportation and Con- system safer, and they deserve our sup- railroads don’t get new assistance to sumer Protection Act of 2015 (S. 1732). ‘‘The move to include passenger rail port. implement positive train control or the At the committee level, some provi- other critically important safety im- authorizing language in a broader high- sions of our title were the subject of provements that the NTSB, Amtrak, way and transit bill is an important constructive discussions that helped us the FRA, and others have called for. step in recognizing the critical role improve this bill before it made its way None of that happens if this bill doesn’t intercity trains play in a national to the floor. Here are a few things we pass. Rental car companies don’t face a transportation system.’’ This letter is from the States for did to broaden support for this proposal Federal ban on renting vehicles that Passenger Rail Coalition: after our committee passed the bill are subject to open recalls if this bill last week. doesn’t pass. On behalf of the States for Passenger Rail Coalition, Inc., (SPRC) I write in support of Senator MANCHIN raised concerns Not passing the safety reforms in the the actions taken by the Commerce Com- about a provision I authored that re- DRIVE Act would be an incredible mittee to introduce sections of the highway quires additional testing for a new missed opportunity for addressing a bill. I am particularly pleased that the Rail- train braking requirement known as host of key safety improvements. Some road Reform, Enhancement, and Efficiency ECP that will be required under law by in this building believe it would be Act (R2E2)—as approved by the Commerce 2021 and 2023. I worked with Senator easier if we just passed another short- Committee—was included as a title of the MANCHIN. We came to an agreement term extension. They are right. It bill. that if new real-world tests show that would be much easier, but keeping These are just a few of the examples the requirement isn’t effective, it can- highway and related transportation in- of letters we have received. The final not proceed. If it is effective, there will frastructure projects funded for a few one I will mention is from Transpor- be no delay in its implementation, and more months doesn’t address safety tation for America, and there again there will be no need for new rule- and regulatory issues that we cannot they say they appreciate the fact that making. afford to keep ignoring. we are authorizing ‘‘the federal pas- We worked with Mothers Against Five months from now, if tax reform senger rail program with the transpor- Drunk Driving on another important leaves us with new options, we can al- tation safety and freight provisions

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The point I wish to make is there bill out of the committee but contin- Over the last few months, we have all have been some of our colleagues on ued on through the weekend and into heard from the naysayers who claimed the floor who have been finding fault this week. So we continue to look at that such a feat was impossible, that with various provisions in the bill, and ways we can make this bill stronger. there was no path forward to provide obviously there are going to be a lot of But I have to say, all the things that long-term highway funding without a people who aren’t going to support this are included in here, all the things I massive tax increase. I am pleased to in the end anyway, but we ought to at mentioned along with the components see our colleagues have provided us least be talking about the facts. We and features of this bill that have been with such a path. All we have to do is ought to be talking about what is actu- worked on by other committees, are be willing to walk down that path. ally in the bill, and we ought to be important changes. Probably, most im- This bipartisan bill provides us with talking about the important reforms portant of all, is that we get something a historic opportunity when it comes that were made in this legislation that that puts in place a multiyear bill that to highway funding. It would provide addressed safety issues, safety on the creates the kinds of conditions that are the longest extension of highway fund- highway, safety on our rail system, im- conducive to jobs and to economic ing we have seen in over a decade. provements and reforms in our pas- growth. We all know how important I know my colleagues on the other senger rail systems, and the commuter transportation infrastructure is to our side of the aisle—including some who railroads we have traveling across this economy. will likely come out against this bill— country. There are a number of needed I come from a part of the country like to point to the 2012 MAP–21 legis- safety improvements and reforms that where we rely heavily—we drive long lation as a paragon for how Congress will be lost if we fail to act. distances, we have a lot of geography should consider and pass a long-term The letters I have mentioned are just that we have to cover. Our economy, highway bill. Of course, MAP–21 ex- a few examples of the organizations because we are agriculturally based, re- tended highway funding for only 2 that rely upon those forms of transpor- lies very heavily upon getting our years. This legislation we will be de- tation, that recognize this is an oppor- products to the marketplace. So we bating this week will go for a signifi- tunity we should not miss. have to have good roads and bridges, cantly longer period of time. I hope we will take advantage of the we have to have a railroad system that In short, passage of this bill would be opportunity and not do another short- works, and we believe that many of the a significant victory for good govern- term extension, which would be the things that are done in this bill con- ment, and, of course, it would provide a 34th now since 2009, and not put in tribute to, enhance, make stronger, great example of what is possible when place the types of changes, reforms, better, and more efficient our transpor- Members of both parties work to- and improvements that are needed in tation system. That is good for jobs, gether. our transportation system across this that is good for the economy in this Of course, we have seen a number of country. If we fail to act now—the win- country, and that is why it is so impor- these types of examples in the Senate dow that people think we have now for tant that we move forward. this year. For example, earlier this a short-term extension—the 34th short- I yield the floor. year we passed legislation to perma- term extension—we will be looking at I suggest the absence of a quorum. nently repeal and replace the Medicare this sometime later this year, and we The PRESIDING OFFICER. The sustainable growth rate system, a will be right back where we are right clerk will call the roll. problem that had plagued Congress and now. The senior assistant legislative clerk our health care system for years. We shouldn’t miss this opportunity. proceeded to call the roll. Shortly thereafter, we passed a bipar- We should take advantage of it and try, Mr. HATCH. Mr. President, I ask tisan bill to combat human trafficking. and as best we can as we move this unanimous consent that the order for And, of course, after that, Members across the Senate floor and debate the quorum call be rescinded. from both parties in both Chambers some of these issues—if there are ideas The PRESIDING OFFICER (Mr. came together to renew trade pro- about improving it, making it better, THUNE). Without objection, it is so motion authority and update our trade making it stronger, I think that is ordered. laws for the 21st century. what this debate is all about. But I Mr. HATCH. Mr. President, after last The Senate is working again, and I want to make sure that as we talk night’s cloture vote, we are one step don’t think it is going to stop any time about these issues we are accurately closer to providing a long-term solu- soon. I think the highway bill will be characterizing and reflecting what is tion for the shortfalls in the highway the next item we add to the long list of actually in the bill and all the work trust fund. Soon we will begin debate bipartisan victories we have achieved that has been done on both sides of the on legislation that will provide more in the Senate under the current leader- aisle by both Democrats and Repub- clarity and certainty to our States and ship. We just need to keep moving this licans and Members who are interested to highway builders and workers bill forward. in these issues. throughout the country. Of course, this bill isn’t perfect ei- There are a number of committees Earlier this week, I was pleased to ther. Anyone who is desperate to find a that have jurisdiction over transpor- learn that our distinguished majority reason to vote against this legislation tation issues. As I mentioned, the Com- leader and the ranking member of the could likely scour through the text and merce Committee is just one. The En- Environment and Public Works Com- find some frivolous reason. vironment and Public Works Com- mittee were able to reach a bipartisan The pay-fors in the bill—at least as mittee has had the lead on writing the agreement to authorize and fund a far as I am concerned—don’t all rep- bill. The Finance Committee, on which long-term highway extension. I want to resent ideal policy choices. But we I also serve, is responsible for—at least commend both of them and everyone shouldn’t hold a good bill hostage largely responsible for—trying to come who was involved in putting this bill while we search for perfection. Indeed, up with the pay-fors the way that we together for their hard work and will- as I said a number of times here on the are going to fund this, and the banking ingness to put partisanship aside in floor in recent months, I have been committee deals with many of the order to help the American people. here in the Senate for 39 years, and in transit provisions of the bill. Now the rest of us need to follow that time I don’t remember voting on So there are multiple jurisdictional their example. I want to express my very many bills I thought were perfect. issues involved here. All the commit- support for this bipartisan highway bill This is a good bill. It is not meant to tees have been active. All the Members and urge all of my Senate colleagues to be a partisan wish list or a political on those committees have been active. do the same. messaging vehicle. It provides a serious

VerDate Sep 11 2014 03:45 Jul 24, 2015 Jkt 049060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.070 S23JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5498 CONGRESSIONAL RECORD — SENATE July 23, 2015 and workable solution to a legitimate get to the end of that particular time gether long enough to know that we problem, and it was designed to get and the leverage is going to be with have to meet each other halfway. support from Members of both parties. those who want to stall this fight to Mr. HATCH. Will the Senator yield? Once again, I want to commend my begin with. Mrs. BOXER. Of course. colleagues for getting us this close to a So I am concerned about doing that, Mr. HATCH. I want to thank her. solution on highways. especially when we have what really is Mrs. BOXER. Oh, that is nice. Thank As we all know, the House has taken a very good highway bill here in the you. a different path with regard to highway Senate and could solve at least these Mr. HATCH. This has not been an funding. They have sent over a 6-month problems for a while, and we can still easy thing to do, and she has taken patch with the intention of using that work on tax reform in the process. some unnecessary and unjust criticism time to work on a solution that would I have no illusions. I have been for trying to do the art of the doable both fix problems in our Tax Code and around here for a long time, and I here in the Senate. provide for long-term highway funding. know how difficult tax reform is going I just want to tell her it has been a The idea of linking highways to tax to be. I also know it takes Presidential privilege to work with her, and I want reform has a lot of support here in leadership, which I hope will be there to make sure that together—and with Washington. Like I said, that is the when the time comes. But we have no the help of others—we get this bill path the House has opted to go down, guarantee it is going to be there. through for the benefit of this country and I know leaders in the Obama ad- I can remember many months ago and for the benefit of our highways. ministration have a similar vision. that I said to the President: If you I know how hard the Senator from I want to make one thing clear. I want tax reform, send us a well- California and the distinguished Sen- support tax reform. I have been and thought-out bill, and we will see what ator from Oklahoma have worked on will continue to be the most outspoken we can do to put it through. I am still the highway bill. So I just want to say Member of the Senate in favor of ro- waiting, and I can say that to put all I have tremendous respect for the Sen- bust, bipartisan tax reform. I agree our apples in that particular basket ator and appreciate her efforts in this with many of my colleagues that link- may not be the smartest thing we can regard and want to give kudos to her. ing that effort to the highway funding do, especially since we are going to be Keep it up. We have to get this done. could make a lot of sense. in an election year next year. That Mrs. BOXER. I say to Senator HATCH, Luckily, the Senate’s highway bill could make it very, very difficult by that means a lot to me. I so remember will allow us to continue to pursue the end of this year to really do what that the Senator from Utah set the that path. Keep in mind, that under we all know we should do. pace for bipartisan cooperation when this bill, we will have 3 years of addi- This bill answers that problem. It he worked with the late great Senator tional authorized highway expendi- gets rid of one very important big prob- Ted Kennedy. People looked at the two tures to pay for when all is said and lem, and that is our highway funding. of you and said: This is impossible. But done. This means that whenever we can It is no secret that we on the Finance my colleague was able to find the com- agree on a tax reform package, whether Committee provided—and they didn’t mon ground and build on it, and I it is 6 months from now or later, it will think we could do this—really around watched that. still be possible—and likely just as sen- $82 billion, which we found in the code. Senator INHOFE and I have been able sible—to tie the two efforts together. We did not expect all $82 billion to be to do our best to also find the sweet My colleagues also need to keep in used, but they were there, and it would spot where we could come together and mind that while this legislation ad- have given us approximately a 6-year work together. I just wanted my col- dresses the immediate need for high- highway bill. league to know that the teamwork I way funding, the fundamental issues That is not going to happen now. But watched between himself and Senator that fuel the need for tax reform will to have a 3-year highway bill, with Kennedy from time to time on very im- remain in place. We will still face an some of the things we were able to portant issues made an impression on increasing number of corporate incur- come up with—even though some are me and certainly on the Senate and on sions and foreign takeovers. Our tax difficult and controversial—is nothing the whole country. rates will still be too high, and our Tax short of a miracle. So I think we have Mr. HATCH. If the Senator will yield Code will still be altogether too com- to get this done. We need to show the again— plicated and burdensome. House that the Senate is moving Mrs. BOXER. Of course. In other words, if Congress passes ahead, and we also need to cooperate Mr. HATCH. I remember when we fi- this bipartisan, long-term highway bill, with our friends in the House when it nally got together. It was way back in we will still be under enormous pres- comes to tax reform. 1980–1981. sure to fix our Nation’s broken Tax I hope we can bring both Houses to- Mrs. BOXER. That is right. Code and to provide relief to struggling gether and do tax reform before the end Mr. HATCH. From that point on we job creators and taxpayers throughout of the year. It would be wonderful if we found ways of coming together and get- the country. No one should question could. I don’t have any illusions about ting things done that are monumental that. it, however. But I think we ought to do and landmark pieces of legislation. Once again, I urge my colleagues on what we should do, what we have to do, There is no reason why we can’t do both sides of the aisle to support this and what needs to be done at this par- that today. bipartisan highway package. It pro- ticular time. Let me just mention that on the vides a realistic path forward to a solu- With that, Mr. President, I suggest Committee on Finance we have put out tion that all of us want to see. Tradi- the absence of a quorum. of the committee almost 40 bills that tionally, Members of both parties have The PRESIDING OFFICER. Will the are bipartisan—not just one Democrat been able to come together to deal with Senator withhold his request? or one Republican, but bipartisan in our Nation’s infrastructure. For the Mr. HATCH. I will be happy to with- nature—not the least of which is the sake of our citizens who need better hold. highway bill—the funding, rather. And roads and highways; for our builders, The PRESIDING OFFICER (Mr. CAS- I just have to say that we are doing engineers, and job creators, who want SIDY). The Senator from California. what we should do here. to grow and expand; and for our work- Mrs. BOXER. Mr. President, I appre- I think people feel good about it. I ers who need good jobs, I hope we can ciate the remarks of my friend from have had people come up and say it is do so with this important legislation. Utah. Before Senator HATCH leaves the wonderful we are having amendments Now, having said that and having floor, I just want to say that we have again and working together and we are found good in what both the House and worked very hard to put this bill to- getting things done. And I certainly at- Senate are trying to do, I think it is gether. It has been difficult. If I were tribute some of that to the distin- important to point out that delaying writing it, I would have written it dif- guished Senator from California and this for 6 months is not going to work. ferently. If the Senator from Utah were the work she is doing here in the Sen- I can see the same roadblocks thrown writing it alone, he would have written ate. I do personally appreciate working up every step of the way, and then you it differently. But we have worked to- with her.

VerDate Sep 11 2014 03:45 Jul 24, 2015 Jkt 049060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.073 S23JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 23, 2015 CONGRESSIONAL RECORD — SENATE S5499 Let’s get this done. I will do every- their commute. How many more So I want people to keep in mind the thing in my power to help the Senator bridges have to fail before we recognize picture of this bridge. It means that from California, and I thank her so that we can’t be patching up this high- when there are goods moving through much. way trust fund little by little? It is just from Arizona to California or Cali- Mrs. BOXER. Yes. I say to Senator not working. fornia to Arizona, the cars and trucks HATCH, we are going to have some I often say this—and I hope it doesn’t have to go 400 miles out of their way— tough votes coming up, and some peo- bore people because I have said it a the cost of that to our Nation’s busi- ple aren’t going to like this amend- lot—if you wanted to buy a house and ness, the difficulty of that to those who ment or that amendment, but all I you found a house and you went to a drive the trucks and the vans. want to say is this: Let’s keep our eye good banker and he or she looked at I will say that this link is closed in- on what the prize is. you and said ‘‘I have great news for definitely. That is a terrible thing to Before the Senator leaves the floor, I you, Mr. or Mrs. America—we have say. They don’t have a plan to fix this want to share with him a photo. Last checked your credit rating, your credit because it is so complex, and we need week, on the California-Arizona border, rating is great, and we are going to the funding so that they can. We have a bridge collapsed. Now, this bridge had give you a mortgage’’ and you said emergency funding in this bill—$100 been rated as structurally obsolete be- ‘‘That is wonderful news’’ and then million per year—to look at situations cause so much traffic was going be- they said ‘‘But it is only for 6 months like this and come in and help. tween California and Arizona—so much or 5 months or 1 year,’’ you are not How many more bridges have to col- more traffic than was anticipated. We going to buy that house. That is what lapse before we do our job? We cannot are so fortunate there were no deaths we have been doing to our States and be economically competitive when involved. local entities. They can’t build any- truckers delivering goods have to drive To me this is the reason why we are thing new. They can’t make invest- 400 miles out of the way to get goods doing what we are doing. We just can’t ments that are important because they from one State to another. sit back and wait for some great, won- don’t have a guarantee that the fund- Here are the facts: There are 61,300 derful future promise to come down ing will be there. bridges that are structurally deficient from the sky and say: We have solved The beautiful thing about our fund- in America. Fifty 50 percent of our the funding problems. ing system is it is Federal, State, and roads are in less than good condition. We want to find that solution. It is local, and there is even sometimes We have no excuses. We need to move not at hand. So what the Senator did, some private money that comes in. So forward. which was so important—working with the Federal Government is the spark. I I will show a list of supporters of our all the members of the Committee on don’t know what the Presiding Offi- work. I just implore those 38 or so Finance and across party lines with cer’s ratio is in Louisiana, whether it Members who voted no on going to this leadership and everybody else—was to is 50/50 or 60/40. In my State, it is about bill—I ask you to take a look at these put together sources of funding that he 50/50. We have 50 percent local State groups and tell me in your heart of felt the Senate could live with. dollars to 50 percent Federal dollars. hearts how you can say no to them. As it turned out, there were a couple Some of our States rely on the Federal These are hard-working people. They of things that were a bridge too far— Government for 90 percent of their are Republicans. They are Democrats. talking about bridges—for a couple of transportation dollars, and one State, They are Independents. They are peo- Members, and we are fixing those. We 100 percent. So this isn’t a question of ple of every political stripe—the Amer- are fixing those, and it is good. But having the States do this by them- ican Highway Users Alliance, the selves; they really can’t do it by them- none of these pay-fors are delightful. American Public Transportation Asso- selves. They are all hard. But this is what we ciation, the American Road and Trans- It was President Eisenhower—a Re- are trying to turn around. publican President—so many years ago portation Builders Association, Amer- So I say to my colleagues on both who said if we are going to have a ican Society of Civil Engineers, Amer- sides—and I have said it to my own strong country, if we are going to pro- ican Trucking Associations, equipment caucus over and over—nobody is going tect our national security, we have to distributors, general contractors, to love every page of this bill because be able to move people and move goods. equipment manufacturers, metropoli- that is the nature of legislating. If we He took a tour across this great Na- tan planning organizations, the Na- each could write our own bill, we would tion, and he came up with the notion of tional Asphalt Pavement Association. love every page. We would be thrilled. a highway trust fund and a national I have four of these charts. These are We would blow kisses at every page. transportation infrastructure. the people who want us to vote yes: But we don’t write it ourselves. We Well, the EPW Committee—which I The National Association of Counties— have to step back, and we have to allow am the ranking member of and Senator I started off as a county supervisor— the process to work. INHOFE chairs—provides about 70 per- they know the bridges and roads are in Yesterday, that process worked. It cent of the spending in this Transpor- disrepair; the National Association of was tough, but we got more than 60 tation bill. We came together in a 20- Manufacturers; the National Associa- votes to begin work on a long-term sur- to-0 vote and voted in favor of the tion of Truck Stop Operators; the Na- face transportation bill. That bill is DRIVE Act. This is going to support tional Governors Association; the going to give certainty to our States— millions of jobs—not hundreds, not League of Cities; the ready mixed con- 3 years of certain funding and a 6-year thousands, but millions of jobs across crete people; the sand, stone, and grav- authorization, with the hope that in our great Nation—and it will provide el people; the independent drivers; the the coming months we can figure out a economic security. If we don’t do this Portland Cement Association; the Re- good way to look at international tax and we wind up with a patch, believe tail Industry Leaders Association. reform and other ways to pay for the me when I tell you that our States will Here is another one, the last one: The final 3 years. shut down their programs because they U.S. Chamber of Commerce. Now, I ask But let me be clear. It has been more just can’t move forward. you, when do we see the U.S. Chamber than 10 years since we have had more It is imperative that we act now—I of Commerce, the International Union than a 2-year extension. This is a 3- agree with Senator HATCH—because we of Operating Engineers, the Laborers’ year bill, and it makes great improve- have come so far. If we don’t do this, International Union of North America, ments in the Environment and Public we will be looking at another exten- the United Brotherhood of Car- Works title. sion. Somebody told me it was the 34th penters—when do we see all these on We really did compromise, Senator extension—the 34th extension. That is the same side? The answer: When we INHOFE and I, and he and I really not right. We need to do our work. The write a highway bill. worked well together in this area. This committees have done their work. America is coming together around cloture vote was so key and so impor- I was happy to hear that Senator our efforts. We should be unanimous tant to business and labor and all the BROWN now says that the transit fund- even though there are parts of the bill people who know they don’t want this ing is good. It is very good, as well as I don’t like and you don’t like. Col- to happen to them in their State, in the highway funding. leagues, we cannot have a perfect bill.

VerDate Sep 11 2014 03:45 Jul 24, 2015 Jkt 049060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.074 S23JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5500 CONGRESSIONAL RECORD — SENATE July 23, 2015 It is an imperfect bill in an imperfect long after they return home. Some de- While in law school, John was draft- world. But unless we wrote it our- veloped medical conditions that, quite ed. He entered the Marine Corps in 1970 selves, we would never be thrilled with frankly, are hard to explain. I have and was deployed to bases in Japan and every provision. worked with a number of these men, the Philippines during the Vietnam I will finish. The AAA—remember many of whom became my friends and war. John finished his law studies after those people we call when we break one who is very special to me, a vet- he was discharged and joined a firm in down? The AAA said: Pass a bill. They eran by the name of Bill Broer, who Fargo, ND. He was elected to the North are tired of coming out to start up cars was former director of the North Da- Dakota House of Representatives in that aren’t running well because they kota Bureau of Criminal Investigation. 1982 and was known for his brilliant get caught in some kind of sinkhole. WILLIAM ‘‘BILL’’ BROER command of the legislative process. He The U.S. Conference of Mayors; the William ‘‘Bill’’ Broer started his was appointed U.S. attorney for North American Association of State High- work in law enforcement as a security Dakota in 1993. In fact, he served in way and Transportation Officials; policeman in the U.S. Air Force. Dur- that capacity because I begged him to Mothers Against Drunk Driving—and I ing the Vietnam war, Bill was sta- join me. He served as our U.S. attorney want to say that at first Mothers tioned at a base that supported aircraft during those same years that I served Against Drunk Driving opposed this that was used in Agent Orange cam- as attorney general, and we spent a lot bill. Now they support it. There is also paigns. Bill died in 2002, at the age of of time together, especially in Indian the American Council of Engineering 53, from non-Hodgkin’s lymphoma. Country, working on the law enforce- Companies. In 1989, Bill was appointed Director ment issues of the day. This is a list of people who are beg- of the Bureau of Criminal Investigation John was devoted to his wife Lois ging us to pass this bill. and was an outstanding law enforce- and their sons Jasper and Rocky. He Democrats stood here, and we called ment official. He was awarded the At- loved cooking—cooking with way too on the Republicans to please come up torney General’s Meritorious Service much salt for them—and visiting with with a bill, and they did. There were Award in 1991 and the North Dakota them for endless hours, even taking reasons to say we didn’t love it, and we peace officers highest award, the Lone longer routes to school so he and his sat down and we worked hard. I have to Eagle Award, in 1996. sons could talk. say that Senator MCCONNELL and his Bill worked hard for North Dakota John organized the Schneider base- staff, my staff, Senator INHOFE’s staff, law enforcement both at his desk in ball games, family tennis matches, and Senator DURBIN and his staff—we have our office and during his free time. He other competitions. The boys have a been working hard. We are still work- started a bowling tournament to bring love of baseball to this day because of ing to get more votes. We need more together people involved in law en- John. He loved to sing, knew thousands votes. We need this to happen. forcement from across our State so of songs, had a beautiful voice, and Today my plea is that the clock is they could get to know each other and wrote and produced original family ticking. We have 8 days, colleagues, work together in an environment that Christmas plays for 15 years. until the highway trust fund goes bust. took them away from their official du- John was thoughtful and kind. He Guess what. We can solve this problem, ties. That tournament is now in its loved life and he loved North Dakota get a strong bill that increases funding 30th year. in the first year by 6 percent and after Bill also was instrumental in cre- and its people. that a couple percent a year for 3 ating the Peace Officers Memorial that Now I have the privilege of sharing years. It scores well. It doesn’t add a stands on the capitol grounds today, about the lives and deaths of other penny to the deficit. I am so glad we recognizing that those who serve in law North Dakotans, those men who did are moving forward, but we need more enforcement also take that risk every not come home from the war. support. day that so many of our servicemen do JAMES ‘‘JIMMY’’ LEVINGS Here is my last plea to everybody in protection of our people. James Levings was commonly called who might possibly be listening— But I want to say something more Jimmy. He was from New Town. He maybe my relatives, but in addition to than that about Bill. I am quite certain was born on October 18, 1948. He served that, anyone who might be listening: I probably would not have been attor- in the Army’s 503rd Infantry, 173rd Air- There are going to be amendments that ney general without Bill’s help, and I borne Brigade. Jimmy was 19 years old I don’t like and that you don’t like. certainly don’t believe I would have when he was killed May 23, 1968. been a United States Senator without Could we try to keep our eye on the His father James Conklin, Jr., served the lessons I learned from Bill Broer. prize? This is the prize. We don’t want our country in the Army during the He was a great friend and a trusted ad- this happening anyplace in this coun- Korean war, and his grandfather Mar- try. It brings devastation. viser to me. Quite honestly, I don’t know anyone tin Levings also served in the Army in We have a good bill before us. Is it Europe during World War I. perfect? No. Are the pay-fors perfect? in law enforcement who didn’t abso- Jimmy grew up close to his grand- No. Are we continuing to improve it? lutely love him. His staff was dev- parents, aunts, uncles, and cousins. Yes. Can we always do more later? Yes. astated when Bill was taken ill. We Let’s say yes together, Republicans were devastated when we lost Bill way They said Jimmy thought the world of Democrats. Let’s deliver this for the too early—I know not as devastated as hunting, hiking, and riding horses. American people. his wonderful wife and his two great His family appreciates the letters he I thank the Chair. daughters. I remember when he used to mailed them when he was serving in I yield the floor. rush home so he could be at a basket- Vietnam. They remember the pictures The PRESIDING OFFICER. The Sen- ball game, of course in his suit and tie, he mailed them and how proud he ator from North Dakota. always cheering them on. His only looked to be serving his country. HONORING VIETNAM VETERANS AND NORTH DA- fault probably was being an Atlanta Jimmy’s cousin Rex Mayer said he KOTA’S SOLDIERS WHO LOST THEIR LIVES IN Braves fan. enjoyed when Jimmy stayed with his VIETNAM JOHN SCHNEIDER family when they were young because Ms. HEITKAMP. Mr. President, as I Another friend of mine, John Schnei- Jimmy was like an older brother who do on many Thursdays, I rise again der, died in 2001 from a brain tumor. He played with him and took him to the today to share about the lives of the also was a Vietnam-era veteran and a movies at the nearby theater. Rex said men from my State, the North Dako- true friend and public servant of the Jimmy was 17 years old when he en- tans who died during the Vietnam war. highest caliber. listed in the Army and volunteered to I have been talking about the 189 men John served in the Peace Corps in Af- return to Vietnam for his second tour. who didn’t make it home, but that is ghanistan in the 1960s and was tops in Rex remembers seeing Jimmy when he not a complete accounting of the peo- his language class, which was learning was home on leave between his tours ple we lost as a result of Vietnam. Pashto. He worked with farmers to in- and that Jimmy had a different look Many of our Vietnam veterans con- troduce a hardier, more productive about him, that he was changed by tinue to feel the effects of their service wheat variety to the region. what he experienced in Vietnam.

VerDate Sep 11 2014 03:45 Jul 24, 2015 Jkt 049060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.076 S23JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 23, 2015 CONGRESSIONAL RECORD — SENATE S5501 Jimmy was shot and killed in Viet- had enlisted in the Marines and was in bat conditions imaginable. Deland had nam when he approached his base pe- his first days of basic training when he arrived in Vietnam about 2 months ear- rimeter and was accidentally mistaken was hospitalized. That same afternoon, lier. as a hostile force. rockets and artillery began shelling In 1978, the Army changed Deland’s Jimmy is buried in Snowbird Chapel the area that Leon was defending. status from Missing in Action to Died Cemetery and his name is memorial- Shrapnel struck him in the chest, and While Missing. Deland has never been ized on the Mandan, Hidatsa & Arikara he was killed instantly. found. Fallen Soldiers Memorial near New Leon’s parents left California, where DAVID KLINE Town. their son Gary was in a coma, to return David Kline was born July 31, 1948, WARD WALTER to Minot to receive Leon’s body and and was from Hurdsfield. He was in the Ward Walter was born October 13, hold a funeral. Just hours after arriv- Army’s 1st Cavalry Division. David 1917. Prior to serving in Vietnam, Ward ing home, Donna learned that her fa- died July 2, 1967. He was 18 years old. had lived in McKenzie County and in ther had died in his home. The day David’s sister Faye remembers that Minot. He served in the Army’s 720th after his funeral, they held Leon’s fu- David was liked by everyone in Military Police Battalion. Ward was 50 neral. During Leon’s funeral reception, Hurdsfield. David was the envy of years old when he died on November 29, the family learned their son Gary had many because he owned a pink and 1967. just died in California. This is a family white 1957 Chevy convertible. Ward spent most of his adult life who had held three funerals for the He played basketball for the high working in law enforcement and serv- men they love in just 1 week. school team and liked playing his gui- ing in the Army. Based on Ward’s time ROBERT ‘‘BOBBY’’ STOREY tar for fun. ‘‘Dancing in the Streets’’ in the Army and experience in four Robert ‘‘Bobby’’ Storey was from by Martha and the Vandellas was one countries, his fellow soldiers became Grand Forks, and he was born July 22, of his favorite songs. He was senior like family to him. His camaraderie 1946. He served in the Army Reserve’s class president and hoped to teach his- and guidance earned him the nickname 17th Aviation Group, 1st Aviation Bri- tory someday. of Pop. gade as a helicopter pilot. Bobby was 22 He had a younger brother Curtis, who One month after arriving in Vietnam, years old when he died on November 21, was just 11 months younger than Ward’s team was tasked with setting 1968. David. They were so close, folks around up an ambush. Once in their ambush He was the oldest of four children. town told them they were like twins. position, a U.S. Army jeep drove by His father Henry served in the Air Faye said that when she, David, and and spotted movement. Thinking Force and the family moved to dif- Curtis were young, they always partici- Ward’s team members were opposing ferent bases while the kids were young. pated in Memorial Day events, placing forces, the jeep opened fire, shooting Bobby’s sister Debbie said that flags next to the headstones of our Ward in the chest and killing him. Bobby was kind and had a smile that country’s veterans. Faye recalls clear- To commemorate Ward, members of would light up a room. She remembers ly that one time David noted that his battalion named the movie theater that in high school he played quarter- ‘‘someday, I will have a flag just like at their post in Vietnam the Sergeant back for the high school football team that.’’ Ward ‘‘Pop’’ Memorial Theater. and was nicknamed Bunny because of She remembers the words he said to The Army recognized Ward’s service how fast he could run. Bobby’s friends her, his little sister, the last time he by issuing him the Bronze Star Medal came to their house often, which left for Vietnam: ‘‘Don’t grow up too for Valor, the Purple Heart, and the meant a house full of boys and a refrig- fast.’’ Good Conduct Medal. erator stocked with milk. ROBERT ‘‘BOB’’ FULLMER LEON LOCHTHOWE Bobby attended college at the Uni- Leon Lochthowe was from Minot. He versity of North Dakota. He joined the Robert ‘‘Bob’’ Fullmer was from was born March 23, 1945. He served in Sigma Nu Fraternity, and he and sev- Grand Forks. He was born April 2, 1948. the Marine Corps’ Mike Company, 9th eral of his fraternity brothers enlisted He served in the Army’s 25th Infantry Marines, 3rd Marine Division. Leon in the Army. Division. Bob died on June 6, 1969. He died on September 22, 1967. He was 22 Bobby became a Warrant Officer heli- was 21 years old. years old. copter pilot, and about a month after Bob had two brothers, Bud and Bill. Leon was the oldest of four children arriving in Vietnam his helicopter was They both served our country. Bud born to Don and Donna Lochthowe. His shot down and Bobby was killed. After served in the Navy and Bill served in mother Donna said that growing up on his death, Bobby’s father also went to the Army Reserve. the family farm, Leon was a free spirit Vietnam, serving our country in 1970 Bill said Bob was very social and en- and enjoyed riding his dirt bike in off- and 1971. joyed always having friends over. When road races. He married Betty Berg, and After Bobby’s death, both of Bobby’s Bob was killed in Vietnam, his parents they had a son Rickie and daughter brothers chose to wear the number 22 donated his death gratuity to the Kimberly. on their sports jerseys, just like Bobby Grand Forks Central High School to be On September 10, 1965, Leon, his wife, had in high school. In memory of used as a scholarship for students with and two children were driving north of Bobby, his youngest brother named average grades who wished to attend Minot and were hit head-on by a drunk their son Robert. the University of North Dakota. driver. Leon’s wife and both children DELAND ‘‘DENNIS’’ ZUBKE Bob’s high school friend Barb Colby were killed. Deland ‘‘Dennis’’ Zubke was from wrote a poem about Bob shortly after After his wife and kids’ deaths, Grassy Butte, and he was born October he died, and the poem was published in Leon’s draft number was changed to 28, 1951. He served in the Army’s 15th 1987 in the first issue of a magazine en- that of a single man. He chose to enlist Artillery Regiment. Deland was just 19 titled ‘‘Reflecting on the Memories of in the Marines. A year after his fam- years old when he went missing on War.’’ This was her poem: ily’s death, he arrived in Vietnam. March 1, 1971. Why didn’t you say goodbye Leon’s fellow marine Gerald Loretta He was one of five children born to The January day, credits Leon with saving his life by Drusilla and Gerald Zubke. When that damn warring airplane pulling him to safety after he was One of Deland’s fellow soldiers, Took you so far away? Ralph, wrote a remembrance describing Maybe you knew before you left wounded so badly he could not move. That you were going to die Other fellow marines have also written how Deland volunteered to take So your heart just wouldn’t let you about Leon’s heroism during his serv- Ralph’s place on a dangerous mission Come and say goodbye. ice. the day Deland was last seen. His ac- Please try and understand On September 22, 1967, Leon received tions that day under intense enemy I can’t come to where you lie. a letter from his mother stating that and friendly fire made Deland a hero. I guess I feel like you did then. his parents were in California with his In Ralph’s eyes, Deland should have I just can’t say goodbye. brother Gary, who was critically ill been awarded a Silver Star for his After learning that Bob’s mother had with spinal meningitis. Gary recently courage under the most difficult com- read her poem, Barb visited his mother

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The Sen- doing right now—debating this agree- heart. ator from Alaska. ment. Talking with Bob’s mother and see- Mr. SULLIVAN. Mr. President, I wish In fact, throughout this process, from ing her laughter, strength, and warmth to begin my remarks this afternoon by the very beginning, they have been made Barb realize, 17 years later, that commending my colleague from North dismissive of the role of the American her poem was not finished. Barb wrote Dakota for her weekly tributes to our people through their representatives in this ending to her poem and dedicated Vietnam veterans. I have watched her Congress to weigh in and bring clarity it to Bob and his mother. do that week after week. It is very and wisdom to what this agreement is Seventeen years have come and gone moving. It speaks volumes to her char- all about. Just a few months ago, the Again it’s the month of May. acter as well as the character of the President said that he did not want the I went back home and met your mom veterans from North Dakota. Congress to be involved at all. We On this Memorial Day. NUCLEAR AGREEMENT WITH IRAN started debating an act on this floor to She talked of you as a child and son Mr. President, I come to the floor provide this body with an opportunity I told her stories of our youth. this afternoon to speak about one of to review and approve. He said he And as we shared our memories and loss She taught me a simple truth. the important issues facing the Senate would veto it—no involvement from She showed me that your memory is alive today, for weeks, months, and maybe the American people. The administra- So you’ll never really die. even years, and that is the debate we tion only backed off when a bipartisan She made me laugh—she let me cry are having over the Iran nuclear agree- group of Senators, Democrats and Re- She helped me to say goodbye. ment. publicans, stood firm—a veto-proof ma- These are just some of the stories I Many of my colleagues have already jority—and said: No, the American peo- am privileged to share, hopefully with spoken very eloquently and very pa- ple need to be read into this agree- the rest of the country, as we continue tiently about this agreement. I want to ment. That was when we passed the this 50-year remembrance of the Viet- give one example. My colleague from Iran Nuclear Review Act. I personally nam war and the people who took part. Maine, Senator KING, was on the floor would have preferred that this be I think it is so critical and so impor- the other day when I was presiding. He viewed as a treaty by the administra- tant, especially in this time when we was imploring us to fully debate the tion, but we are reviewing it now under call on people to make sacrifices, that issue. He stated: ‘‘The truth emerges that law. so many of the young people here, who from the fire of an argument on an The President and Secretary Kerry would be the age of the grandchildren issue of this importance.’’ I couldn’t have taken the deal to the U.N. Secu- of many of the people who served, ap- agree more. We should debate this rity Council—again, before Congress preciate and understand the extent of issue. We should fully vet this issue. and the American people even started the sacrifice and the disruption of fam- We should bring all of the voices of the to debate the issue. The Russians and ily but the love of country that is an people we represent into this body to Chinese were voting on this agreement inherent part of each one of these sto- debate this issue. before we had the opportunity to do so. ries. Where to begin? There is so much Members of this body, Democrats and I yield the floor. here, so many issues. We have seen Republicans, implored the Secretary by The PRESIDING OFFICER. The Sen- some of them: centrifuges, enrichment, saying: Don’t do this; it is an affront to ator from Montana. inspections, sanctions, and anywhere, the American people. They didn’t lis- Mr. DAINES. Mr. President, I ask anytime inspections. We have to exam- ten. Finally, the President is saying— unanimous consent that following my ine all of that. even before we debate—if we are not in very brief remarks Senator SULLIVAN I thought it was important today to agreement with him, he is going to be allowed to speak. step back and take a look at some of veto whatever we do in this body. The PRESIDING OFFICER. Without the big issues. There are three issues This is not how the Federal Govern- objection, it is so ordered. that I believe are particularly impor- ment is supposed to conduct foreign MONTANA WILDFIRES tant as we start this debate: first, the policy. Throughout the history of this Mr. DAINES. Mr. President, I want role of the American people and this great body, weighing in and voting on to bring attention to the serious body and the Congress with regard to international agreements and inter- wildfires going on in Montana as I this agreement; second, the basic un- national treaties of this magnitude speak. There are currently two large derlying premise of this agreement— have been the Senate’s most important active fires burning in Montana, in- the driving force that in many ways is job, the heart and soul of what we do in cluding 4,000 acres called the Reynolds behind this agreement; and third, the this body. Sadly, two former Members Creek fire right in Glacier National main goal as has been agreed to by the of this body—the President and the Park, as well as the Cabin Gulch fire, President and by Members of this body Secretary of State—have actively 2,500 acres, near Townsend. on what we should be trying to achieve fought against our involvement. Our fire crews are putting themselves with regard to this agreement. But Alexander Hamilton knew bet- in harm’s way to protect our lands, our First, the role of the American peo- ter. In the Federalist Papers, he spoke forests, and our communities. With ple in this body. There is confusion, about the critical role of the Senate in lower-than-average snowpack, we have which has been perpetuated by this ad- foreign affairs. He warned against the had less-than-average rains. It has cre- ministration, that those of us who are President having sole authority over ated a situation. We have very low asking questions and are skeptical of issues of such a ‘‘delicate and momen- water levels in our rivers and our the agreement are somehow being par- tous kind.’’ He argued vigorously for streams, and our firefighting teams are tisan. The President said that Repub- the Senate to have a say on critical facing ripe conditions for wildfire. licans, no matter the deal, will dis- foreign policy and national security They are also being driven by high agree with him and not vote with him. issues. Our history and the Constitu- winds and dry fuels. So far this year, In some ways he seems to be making tion reflect this, and that is where we we are experiencing the second worst this about his personal agenda. But come in, and that is why we are debat- fire season in terms of impacted areas with all due respect to the President, ing this. in a decade. The situation could only the Iranian nuclear agreement is much In examining the agreement, I think get more serious in the coming weeks bigger than President Obama—much it is important to understand and look and months. bigger. The President will be gone in 18 at the bigger picture. What is the driv- Our communities, our watersheds, months, and the American people will ing force? What is the underlying our wildlife habitat, our access to have to live with the consequences of premise? What is the philosophy that is

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From the beginning of did not get the memo on the change of agreed should be the principal negotia- the Obama administration, the Presi- behavior or on the new relationship. tion objective of this agreement, which dent and his team have been focused on Iran is still destabilizing the Middle has always been to keep Iran from de- transforming our relationship with East, holding Americans hostage, veloping a nuclear weapon and to dis- Iran to bring it into the community of threatening Israel, and supporting ter- mantle its nuclear capability. respected nations, thereby trans- rorist groups, such as Hezbollah and In fact, this body weighed in last forming the Middle East. The President others, throughout the world. In fact, year—March of 2014—in a letter writ- has talked about this a number of Iran, which is a nation that has had ten by 81 U.S. Senators to the Presi- times. He highlighted this in a speech imperial ambitions throughout the dent of the United States about these to the United Nations in 2013, and it is Middle East for centuries, could very negotiations. The letter had a number here again in the text of this agree- well accelerate its destabilizing activi- of benchmarks for the negotiators. One ment. ties as a result of the power and pres- stated that sanctions ‘‘must continue The text of the agreement states that tige this agreement provides them. until Iran abandons its efforts to build the P5+1 expresses its desire to build a Supporters of this agreement, includ- a nuclear weapon.’’ new relationship with Iran. That is in ing the President, are arguing: Look, The letter then goes on to cite an- the agreement. This is a bold and ambi- United States, we have done this be- other critical basic goal of the agree- tious goal, no doubt, but it is also dan- fore. We have negotiated with our en- ment. It states: ‘‘We believe any agree- gerously naive. Interestingly, there is emies to a positive end. President ment must dismantle Iran’s nuclear no reciprocal statement in the agree- Reagan did it with the Soviet Union. weapons program and prevent it from ment by Iran about Iran wanting to He got a constructive deal. But this is ever having a uranium or plutonium have a new relationship with the a flawed analogy both strategically and path to a nuclear bomb.’’ Last year, 81 United States or the West. We want it; tactically. When we negotiated with Senators stated that. Let me repeat they don’t seem to want it. In fact, the Soviet Union, it was a negotiation that: ‘‘We believe any agreement must with its leaders regularly still chanting between the world’s two superpowers dismantle Iran’s nuclear weapons pro- ‘‘death to America; death to Israel’’ that were armed with nuclear weapons, gram and prevent it from ever having a even after the signing of this agree- similar military strength—thousands uranium or plutonium path to a nu- ment, it seems very clear that Iran of military weapons. Here, however, we clear bomb.’’ I agree with the 81 Sen- does not want a new relationship, and are bringing a nuclear pariah into the ators. Mr. President, 40 Democrats, 40 this is the biggest flaw of the agree- club of nuclear powers. This is very dif- Republicans, and 1 Independent signed ment. It amounts to a high-stakes ferent. that letter, and 72 of those Senators bet—the highest of stakes: the security Tactically, Team Obama has never are still Members of this body. But of the United States—that Iran will demonstrated the desire to walk away they need to ask themselves: Are they change its behavior. from this deal. This wasn’t the case sure this goal has been achieved? What I fear the most is if they don’t with President Reagan. He famously I have read this entire agreement. I change—and there is no sign that they walked away from the Soviets in Rey- believe this goal has not been achieved, are going to—within 10 years, by its kjavik, Iceland, over a verification and that should deeply concern all own terms, this agreement will enable issue on the INF agreement. ‘‘This Members of the U.S. Senate. Iran to have a much stronger economy, meeting is over,’’ President Reagan Let me conclude by quoting someone a significant ballistic missile capa- said to George Shultz, his Secretary of I normally do not quote on the floor of bility, to be on the verge of a nuclear State, when he thought we were giving the U.S. Senate—Iranian Supreme bomb and still be the world’s largest away too much. ‘‘Let’s go, George. Leader Ayatollah Khamenei, who just sponsor of state terrorism. This is a We’re leaving,’’ said the President. And this past Saturday stated the fol- huge risk for the security of our coun- they did. They left. A year later, Mi- lowing: ‘‘Even after this deal our policy try and our allies in the Middle East. khail Gorbachev came back to the towards the arrogant United States It doesn’t have to be this way. This table and agreed to onsite inspections will not change,’’ and then he led the agreement could have mitigated these of their nuclear facilities. America and crowd he was before into chanting risks. We do this all the time in diplo- the USSR signed the INF treaty, and ‘‘Death to America.’’ That is the coun- macy. We tell countries that we nego- Soviet power began to unravel. Con- try that we are hoping and risking our tiate with: If you improve your behav- trast that to the experience we have future on that will change, that we will ior, you will get rewarded incremen- heard about in the last few months of have a ‘‘new relationship’’ with, as the tally, step by step—step by difficult these negotiations on the issue of con- agreement states. step. For example, during the debate ventional weapons and ballistic mis- To the American people: We will con- we had on the Iran Nuclear Agreement siles. tinue to debate this critical issue. Review Act, I offered an amendment The Chairman of the Joint Chiefs of In the words of my colleague from that was simple, but it was based on Staff, GEN Martin Dempsey, testified Maine, we will bring the fire to the de- this issue: Sanctions would be lifted on in front of the Armed Services Com- bate and a truth will emerge. Unfortu- Iran once Iran came off the list of mittee very recently. He said: ‘‘Under nately, here is one truth that I find countries that sponsored state ter- no circumstances should we relieve self-evident: Iran is not changing any- rorism. Simple. If you improve your be- pressure on Iran relative to ballistic time soon. That is because this agree- havior, you will get rewarded. This missile capabilities and arms traf- ment didn’t force it to. agreement does not do that. Instead, ficking.’’ That was said by the No. 1 I yield the floor. when you look at the structure of this military adviser to the President of the The PRESIDING OFFICER. The as- agreement, it allows Iran to get almost United States. But we did. Within 7 sistant Democratic leader. all of the benefits up front. days of that statement, we did. The FOR-PROFIT COLLEGES AND UNIVERSITIES Almost half of this agreement is embargo on conventional weapons and Mr. DURBIN. Mr. President, if we about our obligations to lift sanctions ballistic missiles is going to be lifted ask most people in America what is the in very minute detail—our obligations as part of this agreement. When the most heavily subsidized industry in to lift sanctions on Iran within the Russians and the Chinese pushed this America, which industry, which sector next several months. Think about that. position at the very end of these nego- of our economy receives the highest We had the leverage. The countries tiations, Secretary Kerry should have level of Federal subsidy in America, I that negotiated this are among the listened to General Dempsey’s military guess they would get it wrong, because most powerful in the world. We had advice and he should have done what it turns out the sector that gets the Iran on the ropes with strong, Amer- Secretary Shultz did. He should have highest degree of Federal subsidy is ican-led sanctions. We had the lever- walked. He should have walked away to for-profit colleges and universities— age, and we lost it with this agreement get a better deal. for-profit colleges and universities. on the hope that Iran will change its Finally, I wish to conclude by under- I wish to say a word or two about the behavior. scoring what everybody, from the current status of the largest of these

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Once they have used the bene- I will read a quote about the for-prof- on military bases, including rock con- fits, they are gone. it college industry: certs, Super Bowl parties, father- One example of one of these They are not educators and they’re looking daughter dances, Easter egg hunts, unaccredited institutions that is re- to manipulate this model to make money. chocolate festivals, fashion shows, and ceiving these benefits for our mili- There is nothing wrong with making money, even brunch with Santa. tary—GI Bill benefits—is a sexual ther- but I think anyone making money in an edu- University of Phoenix paid $250,000— apy school in San Francisco. The name cational activity has a higher standard of ac- a quarter of a million dollars—to spon- of it is the Institute For Advanced countability. sor events over the last 3 years at Fort Study of Human Sexuality— Some might think that was a quote Campbell, KY. Private sponsorship of unaccredited. The activities that are from some speech I gave here. They military events is not unusual, but it described in the article about this would be wrong. That was a quote from has to raise some eyebrows when the school I cannot say on the floor of the John Murphy, a cofounder of the Uni- company whose profits depend on re- Senate. The institute openly brags— versity of Phoenix, during a recent cruiting servicemembers are paying for this unaccredited institute receiving interview he gave to Deseret News Na- these programs. Let’s face it. That is GI Bill benefits openly brags about its tional. As the article rightly observes, what these events are for—recruitment massive collection of pornography, and the University of Phoenix is the events for the company. we sent this institution GI Bill fund- ‘‘grand-daddy’’ of the for-profit indus- In the name of corporate sponsorship, ing. That is outrageous. try, but the enterprise has experienced the University of Phoenix could gain Seven other Senators joined me in a dramatic shift in priorities since it direct access to military bases with a writing to Secretary McDonald of the became a publicly traded company, ac- nod and a wink to servicemembers: VA last week asking him to investigate cording to Mr. Murphy, one of the co- Come to Phoenix. We care about the and explain. I also expect to speak with founders. The reason for the change, military. him by next week, and I hope to hear according to Murphy, is the combina- Boy, has it paid off for Phoenix and that the VA is taking action. The GI tion of the new corporate entity—for- what Mr. Murphy called ‘‘the juice’’ of Bill is too important for our veterans profit University of Phoenix—chasing Federal funds. to have these benefits ever questioned stock prices with the temptation of the The University of Phoenix is the because of a scandal such as this. open spigot of Federal funds. Mr. Mur- fourth largest recipient of Department Stories such as these abuses by the phy calls the Federal student loan of Defense tuition assistance funds for-profit college industry and these money ‘‘the juice’’ of the for-profit col- which help servicemembers continue unaccredited so-called schools are ap- lege industry. And for its part, the Uni- their education. In fiscal year 2014, the pearing more frequently. In newspapers versity of Phoenix is swimming in the University of Phoenix received more and other media outlets across Amer- juice. They received 84 percent of their than $20 million of these benefits. But ica, this issue has never received so revenue from Federal title IV funding hold on tight. Here is where the juice much attention. Unfortunately, here in in 2012 and 2013. How much? It was $3.5 gets deep. When it comes to veterans’ the Halls of Congress, you can still billion. GI Bill funding, the University of Phoe- hear the crickets when it comes to this According to law, for-profit colleges nix is a top recipient in America of issue. I hope this changes. If we are se- are prohibited—we don’t want them to these funds—$272 million. In return, rious about really caring about our become too dependent on the Federal the company offers servicemembers military and their families and our vet- Government, so we prohibit them from and veterans degrees of questionable erans, if we are serious about caring receiving any more than 90 percent of value, below-average graduation rates, about taxpayers’ dollars, if we are hon- their revenue from title IV Federal and—get this—a student loan default est about this industry that is fleecing funding—90 percent. rate almost 40 percent higher than the the American taxpayers and members When I think of the outrage I hear national average. That is what we are of our military, this Congress should from those in Washington who track offering to members of our military act on a bipartisan basis. But some of Federal money, I can’t believe they are and veterans through the University of these schools have friends in high overlooking this industry. A major Phoenix and their programs. places. Every time I have tried to call loophole, however, allows the Univer- I don’t think this type of behavior by them out, someone has stepped in to sity of Phoenix to not include veterans’ the University of Phoenix is what the their defense, usually in a private man- GI Bill benefits or Department of De- President had in mind when he signed ner so the public doesn’t know. fense tuition assistance programs in Executive Order 13607, intended to pre- The day of reckoning is coming for their Federal revenue calculation. So I vent for-profit colleges from gaining these for-profit schools. The stock mar- joined with Senator TOM CARPER of preferential access to our military. ket is catching up with them. Stock- Delaware and others to fix this, to I have written to Secretary of De- holders are catching up with them. close this loophole, to hold the for- fense Ash Carter about the outrage. If Students and their families are catch- profit colleges to no more than 90 per- it is a matter of University of Phoenix ing up with the fact that they are a cent of the revenue coming directly not following DOD rules, I want the waste of time and money. Now we have from the Federal Government. Department to take action. If the Uni- to make sure the taxpayers have their A recent article by Aaron Glantz versity of Phoenix’s actions outlined in day and their attention directed to- published by the Center for Investiga- this report are within the rules, the ward this outrageous exploitation. tive Reporting provides a troubling rules need to be changed. 5TH ANNIVERSARY OF DODD-FRANK look into the world of for-profit college I want to say a word about another Mr. DURBIN. Mr. President, July 21 recruitment of America’s veterans and story by the Center for Investigative marks the fifth anniversary of the en- members of our military. The article Reporting last week. This is almost in- actment of the Dodd-Frank Wall Street details how the University of Phoenix credible. It is difficult for me—I can’t— Reform and Consumer Protection Act. has become a major sponsor of military to recount the details of the story I am Let’s remember what was happening events. In one instance, they paid about to relate, and my colleagues will when the law was created. In 2008, we $25,000 to sponsor a concert for mili- understand why in a moment. were staring in the face of the greatest tary members and their families. The According to the Center for Inves- economic meltdown since the Great company gave away Galaxy computer tigative Reporting, nearly 2,000 Depression. Wall Street banks and fi- tablets and wrapped the stage in a unaccredited institutions received nancial companies had built a multi- giant University of Phoenix banner. In more than $260 million in GI Bill bene- trillion dollar house of cards. They other instances, the Center for Inves- fits between 2009 and 2014. Some of built it out of subprime and predatory tigative Reporting found that the Uni- them are for profit; all are totally mortgage lending, mortgage-backed se- versity of Phoenix sponsored ‘‘resume unaccredited. When someone serves in curities with inflated credit ratings,

VerDate Sep 11 2014 03:45 Jul 24, 2015 Jkt 049060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.087 S23JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 23, 2015 CONGRESSIONAL RECORD — SENATE S5505 and unregulated derivatives based on CFPB has achieved great success in able level. So I offered my amendment these mortgages. It was enormously protecting consumers, especially those to bring some reasonable regulation to complex and risky, and our financial most often targeted by wrongdoers— this system. regulatory system was ill-equipped to students; older Americans; service- My amendment said that if the Na- oversee it. It all started coming apart members, veterans and their families; tion’s biggest banks are going to let when several mortgage lenders went and the economically disadvantaged. Visa and MasterCard fix swipe fee rates under, and Bear Stearns began wob- To date, the CFPB has obtained over for them, then the rates must be rea- bling. $10 billion in relief to consumers sonable and proportional to the cost of Then in March 2008 Bear Stearns through its enforcement actions. processing a transaction. And my went down. By September 2008 one The CFPB went after several of the amendment also said there needs to be giant financial company after another Nation’s largest credit card companies a real choice of card networks avail- started collapsing: Lehman Brothers, for targeting their customers with de- able for each debit transaction. This Merrill Lynch, AIG, Washington Mu- ceptive and fraudulent activities. This reform cut the average debit swipe fee tual, Wachovia. It was a time of panic. resulted in nearly $2 billion being paid in half, from about 44 cents to about 24 Credit markets froze. The stock mar- back to more than 12 million cus- cents. ket swung wildly. Congress had to take tomers nationwide. To further protect This is actually pretty modest re- dramatic steps to stop the economy students and their families, the CFPB form. Most other countries have gone from going into free fall. Who suffered has brought action against for-profit much further in regulating swipe fees. the most from Wall Street’s mis- colleges for their predatory lending But boy, did the big banks scream behavior? Main Street Americans. practices. about it. They said swipe fee regulation As a result of the financial crisis, un- In November 2013, the CFPB an- would be the end of the world. They employment went up over 10 percent. nounced its first enforcement action in claimed it would kill the debit card Nearly nine million Americans lost the predatory payday lending industry. system, devastate small banks and their jobs. Millions of families faced This led to $14 million in restitution credit unions, and cause banks to jack foreclosure on their homes. More than from Cash America for targeting serv- up other fees on consumers. Well, the $19 trillion in household and retire- icemembers and their families and vio- law took effect in 2011, so we have had ment wealth was wiped away. lating the Military Lending Act in the some time to see how it has worked. It was clear we had to act to get out process. Since then, the CFPB has con- And as it turns out, the horror stories of this ‘‘great recession,’’ and we did. tinued to limit the ability of payday that the banks predicted turned out to We saved the auto industry, passed the lenders to prey on vulnerable families be pure fiction. Recovery Act to boost the economy, across America. Let us look at the facts. First, swipe and stabilized the economy. We have The CFPB is a tremendous success fee reform hasn’t hurt the growth of now had 64 consecutive months of job story. But the successes of Dodd-Frank the debit system. Debit card use con- growth, and the unemployment rate is don’t stop there. tinues to grow each year, according to down to 5.3 percent. But it was clear to When the Dodd-Frank bill was on the the Federal Reserve. And it hasn’t hurt all of us who lived through that finan- Senate floor, I offered an amendment small banks and credit unions, either. cial crisis that we needed to reform our that dealt with the issue of debit card My amendment exempted all but the financial regulatory system and curb swipe fees. This amendment was adopt- biggest one percent of card-issuing risky and predatory financial prac- ed by the Senate with 64 votes—47 banks from fee regulation. The Fed an- tices. Democrats and 17 Republicans—and it nounced in May 2013 that this small Five years ago, we did just that by was enacted into law. My amendment issuer exemption ‘‘is working as in- enacting the Dodd-Frank Wall Street marked the first time that Congress tended.’’ Reform and Consumer Protection Act. acted to rein in excessive swipe fees, Credit unions and small banks have It took months of legislating—dozens which were lining the pockets of big thrived since the amendment took ef- of hearings, extended debate and banks and costing billions for mer- fect, because the amendment has en- amendments in committees and on the chants and their consumers. I am abled them to receive higher fees than floor, and a robust conference com- pleased to report this reform has their big bank competitors. It has mittee process. The result was a land- achieved significant success. helped level the playing field between mark reform law that reined in the For those who don’t remember, swipe the big banks and the little guys. worst abuses of Wall Street and pro- fees are fees fixed by Visa and Don’t take it from me. Here is what vided critical new protections for con- MasterCard, and are paid by merchants press releases from the Credit Union sumers and Main Street businesses. to card-issuing banks whenever a pur- National Association have said since One of those was the creation of the chase is made with a card. Because my amendment took effect in 2011: Visa and MasterCard set the fees on be- Consumer Financial Protection Bu- November 2012: ‘‘Credit Unions Growing at reau, or CFPB. I remember back in 2007 half of all banks, there is no competi- Sustained, Increasingly Strong Pace.’’ when a law professor named ELIZABETH tion between banks on the fee rates—so March 2013: ‘‘The credit union movement is WARREN told me about all the tricks the rates always went up. By 2009, the healthy, vibrant and on the rise.’’ and traps that banks and mortgage banks were collecting about $16 billion Last February: ‘‘Credit unions experience companies were using on consumers. per year in debit swipe fees from mer- fast growth on all fronts in 2014 . . . 2015 ex- She said we need an agency that is fo- chants. And merchants had to pass pected to surpass banner year.’’ cused like a laser on making sure that that cost on to their customers in the I know the small banks and credit there is transparency and fairness in form of higher prices. Of course, the unions will never thank me for this re- consumer financial products. I agreed. banks didn’t need all of this swipe fee form. But the reality is they have So in 2008 I introduced the first bill money to conduct debit transactions. gained a competitive advantage that sought to create this consumer fi- The actual cost to process a debit through this reform. It has helped nancial protection agency. transaction is just a few cents. But the them. I could not have been prouder when banks and card companies exploited And how about consumers? Well, the this agency was established by the the swipe fee system so they would re- banks said my amendment would cause Dodd-Frank Act. This was a landmark ceive far more than they would ever consumer checking fees to go through win not only for consumers but for our need—an average of 44 cents per trans- the roof—and they still try to pretend overall economy. action. that is the case. But the facts say oth- When consumers have transparent It didn’t have to be this way. Many erwise. and accurate information about finan- other countries have thriving debit Last September the Wall St. Journal cial products, they are empowered to card systems with swipe fees strictly reported that ‘‘After peaking in 2009, make better choices. Senator WARREN regulated or prohibited altogether. But the annual account fees collected at did an admirable job of getting the in the U.S., swipe fees were spinning U.S. commercial banks have declined CFPB up and running. And now, under out of control. There were no market markedly, even as the volume of bank the leadership of Richard Cordray, the forces working to keep fees at a reason- deposits has swelled.’’ Transparency

VerDate Sep 11 2014 03:45 Jul 24, 2015 Jkt 049060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.089 S23JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5506 CONGRESSIONAL RECORD — SENATE July 23, 2015 and competition is helping keep fees not forget the lessons we learned from ice. He enlisted in the Marines fol- down. the financial crisis. We can’t go back lowing the events of 9/11. During his 11 The American Bankers Association to the system we had before Dodd- years in the military, Staff Sergeant reported last year that 62 percent of Frank. Instead let’s work together to Wyatt served in locations all over the Americans pay nothing at all for bank protect what works, make constructive world. He was well aware of the dan- services. And this year Bankrate.com improvements, and expand Dodd- gers of wearing the Nation’s uniform, found that 72 percent of credit union Frank’s reforms where needed. having served deployments in Iraq and checking accounts came with no main- Remember, Wall Street used to get Afghanistan. His mom, Deborah Wyatt tenance fees. its way all the time around here, and Boen, told the Russellville Courier that And what about savings to con- they led us down a path that almost her son was proud to be a U.S. marine sumers? Well, noted economist Robert took our economy off a cliff. Let’s not and called his fellow marines ‘‘broth- Shapiro did a study in 2013 and esti- go back there. Let’s promise the Amer- ers.’’ mated that swipe fees overall were re- ican people that never again will Con- No one could have predicted the vio- duced by about $8.5 billion in 2012. He gress allow financial tricks and traps lence that targeted his life while he estimated that about $6 billion of these to bring our economy to near-ruin. was working to protect and defend our reductions were passed along from mer- I see one of my colleagues on the Nation with his band of brothers. But chants to consumers in the form of floor, and I yield the floor. with the nature of the current threats lower prices. The PRESIDING OFFICER. The Sen- we face and with increased calls from While it may be hard to see those ator from Arkansas. groups such as ISIS to attack U.S. price reductions when you spread the TROOP SAFETY servicemembers at home, it is vital savings across the entire economy, the Mr. BOOZMAN. Mr. President, the that we reevaluate our security prac- fact is that the savings are real. Unfor- dangers our troops face extend beyond tices for all our military installations tunately, the savings should have been war zones and unfortunately to within and fix any vulnerabilities that put our even greater. When the Federal Re- our Nation’s borders, and it is time our personnel at risk. serve drafted a proposed rule for my policies reflect their risks no matter On Thursday, July 16, 2015, SSgt amendment, they planned for a fee cap where they are stationed. David Wyatt made the ultimate sac- of 7 to 12 cents—far closer to the actual Just like the attack at the Little rifice for his selfless service to our Na- cost of processing a debit transaction. Rock Army recruiting station and the tion. SSgt David Wyatt is a true Amer- But the banks lobbied the Fed hard to tragedy at Fort Hood, the recent sense- ican hero. I ask my colleagues to keep his wife double the proposed cap, and the Fed less shootings in Chattanooga hap- Lorri, daughter Rebecca, son Heith, gave in to the bank lobbyists. Of pened when our troops were unarmed, and the rest of his family and friends in course, the banks and card companies leaving them no way to defend them- promptly took advantage of the wa- their thoughts and prayers. selves. On behalf of our grateful Nation, I tered-down regulation and turned the I fully support the actions of Arkan- humbly offer my appreciation and grat- fee cap into a fee floor. As a result, sas Governor Asa Hutchinson to do itude for his selfless service and sac- there are still excessive swipe fees what is necessary to protect the Ar- rifice. begin charged in the debit system—not kansas National Guard by allowing I yield the floor. to mention credit card swipe fees, members to be armed at guard installa- The PRESIDING OFFICER. The ma- which have not been reformed at all. tions. However, the Governor only has jority whip. There is no doubt that swipe fees authority over the Arkansas National Mr. CORNYN. Mr. President, today continue to distort the incentives in Guard. While Governors of other States the Senate has begun work on legisla- our payments system. Banks and card have issued similar directives, I urge tion that would provide our States and companies continue to shape the sys- Secretary of Defense Ashton Carter communities across this great land the tem to maximize fees instead of effi- and President Obama to order protec- resources and reliability they need to ciency and security. Just look at the tive measures at Department of De- soundly invest in our transportation issue of card security technology. The fense installations. infrastructure. After a full stumble banks ignored this for years—until my HONORING MARINE STAFF SERGEANT DAVID start when our friends across the aisle amendment made part of the debit WYATT AND THE OTHER SERVICEMEMBERS decided to block our ability to proceed, swipe fee contingent on having effec- WHO LOST THEIR LIVES IN THE CHATTANOOGA they reconsidered, thankfully, and I tive fraud prevention technology in TRAGEDY am glad to see them join us to move place. Mr. President, the vicious attack in forward on this sensible, bipartisan Just a few weeks after my amend- Chattanooga changed the lives of the bill. ment took effect in 2011, Visa finally families of GySgt Thomas Sullivan, To this Senator, the most important announced a roadmap to promote adop- LCpl Squire Wells, Sgt Carson part of the bill is that it doesn’t kick tion of smart-chip cards in the United Holmquist, SSgt David Wyatt, and PO2 the can down the road—at least not in States. MasterCard soon followed. That Randall Smith. the way we have done more than 30 dif- is good news, but unfortunately the The attack hit especially close to ferent times. We have had more than 30 banks and card networks are still home for Arkansas, where SSgt David short-term transportation patches, steering away from using PINs on Wyatt grew up. While he no longer which is a terrible way to do business, cards—even though the rest of the called Arkansas home, the State al- and frankly it should be embarrassing world uses a chip-and-PIN system and ways had a fond place in Staff Sergeant to us that we haven’t been able to PINs mean lower fraud. Why avoid Wyatt’s heart. He often visited his fam- come up with a better solution. PINs? Because several other card com- ily who still live in the Natural State While a 3-year transportation bill is panies compete with Visa and and taught his children how to call the no panacea, it represents progress and MasterCard on PIN transactions, and hogs. avoids a lot of the unpredictability and the competition means the fees are He was a 1998 graduate of Russellville wait-and-see problems our States have lower. Further reform is needed to cor- High School. Staff Sergeant Wyatt was had when it comes to planning longer rect these skewed incentives. active in athletics and played in the term projects. Fortunately, this We have more work to do to make school band. He also earned the Eagle multiyear bill restores some sanity by sure our credit and debit card systems Scout, the highest rank of the Boy providing resources over a consistent are competitive, transparent and fair. I Scouts. His Scoutmasters, classmates, and dependable period of time. It is ac- hope the Federal Reserve and my col- and teachers fondly recalled David as a tually a 6-year bill. We have come up leagues in both parties will work with young man who was a natural leader with a bipartisan group of pay-fors to me in this effort. with a lot of enthusiasm and a unique take us 3 years out, but then hopefully Unfortunately, when it comes to sense of humor. we will continue to work on trying to Dodd-Frank, Republicans in Congress A career in the military was a nat- find a way to pay for the last 3 years have spent the past 5 years trying to ural fit for Staff Sergeant Wyatt, who without adding to the deficit and debt, undermine this legislation. We must came from a long line of military serv- as has happened in the past.

VerDate Sep 11 2014 04:16 Jul 24, 2015 Jkt 049060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.089 S23JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 23, 2015 CONGRESSIONAL RECORD — SENATE S5507 This bill is really forward-looking, Many generations have benefited civil wrongdoing, we should prosecute and this legislation provides the foun- from the investments we made in infra- these people to make sure it doesn’t dation for more commerce, more effi- structure to help them get efficiently happen again. cient travel, and more public safety by from point A to point B. I am never happy when anybody is enhancing our transportation net- Just as the farm-to-market roads indicted, but I was satisfied that last works. In doing so, it provides for a provided a more reliable transpor- Friday the first indictment came down more stable economic climate for the tation network throughout rural from the Justice Department against a next generation, as our States plan to Texas, this legislation includes vital VA hospital employee—unfortunately, meet the needs of a continually grow- resources that will upgrade rural in my State of Georgia at the VA hos- ing population. routes and freight corridors in addition pital in Augusta—for 50 counts of fal- I am thankful in Texas that with to improving the overall safety and ef- sifying medical records, the results of strong economic growth and a lot of ficiency of nearly 20,000 miles of major which ended up benefiting the employ- people moving there—voting with their roadways in Texas. ees and hurting veterans. feet, as I like to say—from other parts While it is not perfect, as the Pre- I promise the American people and of the country, we know the value of siding Officer knows, this bill rep- Members of the Senate that this is not good infrastructure. And when the resents some progress. I wish I could going to be the last indictment. We are highway fights in Washington, DC, say we have solved our transportation going to see to it that people are held froze to a standstill, Texas stepped up problems in perpetuity, but I don’t accountable for their actions and that to the plate and refused to wait. think that is possible. But doing it for they do what is right morally and what One example of that action that I 3 years beats the dickens out of an- is right legally. We owe nothing less mentioned earlier this week came last other short-term patch, as I mentioned and we owe nothing more to our vet- fall when Texans voted last November a moment ago, and kicking this can erans than that type of treatment. to overwhelmingly approve a measure down the road does nothing to support Yesterday the VA committee met, that would provide an additional $1.7 the next chapter of population and eco- and we approved two great bills in our billion to upgrade and maintain our nomic growth. effort to bring about greater account- vast transportation infrastructure. As we continue to discuss and review ability. One of those bills was the This came from a surplus in our rainy this legislation, I am going to continue Rubio-Johnson bill, which allows the day fund. That proposal was approved to encourage our colleagues to consider firing and holding of accountability of with more than 80 percent of the vote, just how much our entire country VA employees for malfeasance and and in so doing, Texans clearly needs to strengthen the infrastructure misconduct in office for cause. prioritized improved infrastructure and projects that will hopefully help that As many people know, the VA often- understood that by making our roads 2.2 percent growth which we experi- times in disciplining people just moved more efficient, we can decrease the 44 enced in 2014 nationwide go upward and them to another job at the same pay hours of car time that Texans spend upward because that will create more because they can’t move them out of stuck in traffic annually. jobs and more opportunity. the system. So the accountability The vote also showed that Texans re- We have also seen that under new never takes place, there is no sense of alized that our State is poised to grow leadership, starting this last January, accountability, and veterans are not significantly. In fact, our economy, we have been able to make incremental well served. Thanks to the Rubio-John- which grew 5.2 percent last year com- progress in a number of areas on a bi- son bill, people who for cause are ter- pared to 2.2 percent nationwide—one partisan basis. Frankly, given the re- minated will have a brief hearing and a reason our economy is growing is be- sponse I heard from many of my con- chance to justify their case, and if cause people are coming to Texas to stituents last year when they com- their case is not justified, they will be pursue their dreams. We are going to plained to me about the dysfunction removed from the Veterans’ Adminis- need better roadways to absorb the es- here in Washington, DC—even though, tration health services agency and timated 18 million vehicles expected to again, they are not necessarily saying they will be fired. That is the type of be added to our roads by the year 2040. we have met the mark, they are seeing accountability every American who is This bill will help Texas manage the that we are trying to work hard on a employed at their job has, and we influx of people and vehicles so that we bipartisan basis to meet their needs, think that is the same accountability will have the transportation infra- and I think this bill represents that every employee ought to have at the structure to support the millions of kind of progress. VA. new people who will call Texas home in Mr. President, I yield the floor. After that, we then passed the Cas- the not too distant future. The PRESIDING OFFICER (Mr. sidy-Ayotte bill, a bill that I was very Texas has long known that good SASSE). The Senator from Georgia. proud of because Senator CASSIDY and transportation infrastructure is part of VA ACCOUNTABILITY Senator AYOTTE said the following: It what has made us the economic power- Mr. ISAKSON. Mr. President, as is just not right for somebody who is house we are today. Take, for example, chairman of the Veterans’ Affairs Com- not doing their job to get a bonus. the farm-to-market roads that opened mittee of the U.S. Senate, I am proud As many people know, bonuses were more than 70 years ago, with the idea to be joined by other members of the paid in the VA last year to employees that our farmers and ranchers needed a committee for a colloquy and a report who were being reprimanded for mis- reliable transportation network to get to the American people on the progress conduct and bad behavior. You cannot their livestock and crops to town. So we are making to hold the VA account- take a benefit away retroactively, and basically our farm-to-market roads able for our veterans and our tax- this bill does not do that, but it says to gave our rural areas more access to the payers. the VA prospectively that rewards and towns and cities that purchased those As all will remember, there was a bonuses cannot be earned by those who goods. This helped Texas agriculture— terrible tragedy at the VA hospital in are not conducting their job in the way a substantial part of our economy—and Phoenix last year. Because of missed they should. made it even more competitive by pro- appointments, erased records, consults These are the types of accountability viding a reliable method to transport that were removed, veterans waiting measures that people in the United our grown and raised goods to mar- for services never got them, and in States expect. ket—first around the local community, three cases they died. That was malfea- As chairman of the committee, I al- then around the State, and now around sance in office and brought a great ways want to brag about the good the country. scandal to the VA. things VA employees do, and they do a Of course, I was pleased, along with a In January, when our committee lot of good things. For every one scan- lot of folks in the agriculture sector in took hold, we decided to go to the Jus- dal you hear about, there are hundreds Texas, that we passed trade promotion tice Department and the inspector gen- of thousands of benefits veterans are authority with the promise of opening eral and say: Go into the VA, inves- receiving because of good, loyal em- up even more markets around the tigate these incidents that took place, ployees. But the best employees in the world. and if we find criminal wrongdoing or world are brought down a notch when

VerDate Sep 11 2014 04:16 Jul 24, 2015 Jkt 049060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.092 S23JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5508 CONGRESSIONAL RECORD — SENATE July 23, 2015 those who are not good are allowed to that Congress is serious about improv- VA system that was also already short continue to stay on the job even if they ing veterans health care. In addition, on funding in those particular areas. are not performing or get bonuses when S. 1082, the Department of Veterans Af- Rather than simply having votes and they are not performing. fairs Accountability Act, a bill intro- having acrimony, what those Members I am so proud of the Cassidy-Ayotte duced by Senators RUBIO and JOHNSON, said was this: Would you work with us bill and Johnson-Rubio bill, which say would give the VA Secretary more to see that our goals would be accom- to the American people that we are flexibility to remove corrupt or poor- plished? I watched as our chairman, going to have accountability; we are performing employees, not just top of- along with Ranking Member going to pay bonuses for good behavior, ficials. The bill would expand the au- BLUMENTHAL, work to get the job done not bad behavior; and if somebody thority of the 2014 Veterans Access, to make things better for veterans. It doesn’t do their job, they will lose that Choice, and Accountability Act to the was not acrimonious. It was a matter job if that cause is justified. That is entire workforce of the VA, which has of members of this committee working what the American people expect of the made it easier to remove senior execu- side by side committing to help each Senate, that is what they expect of our tives for wrongdoing. other make the VA perform better committee, and I am proud to report to This bill would also extend the proba- than what they have in the past. the Senate today that started. tionary period for new VA employees. That is the type of work that we need I am also proud to yield to the Sen- A veteran once told me that his percep- in the Senate. It is what our people ator from Louisiana, Mr. CASSIDY, a tion was that the VA system was run want us to do. It is what veterans want physician, a doctor who understands for the benefit of employees, not for to have happen. So I am here to say health services and who brought one of the benefit of the veteran who is the this can be done and it can be done cor- these accountability issues to the com- patient. This is incredibly unfair to the rectly. I will also tell you that in talk- mittee yesterday. dedicated VA employees. But on the ing with members of that committee Senator CASSIDY. other hand, giving bonuses to those afterwards, there was real interest. Re- The PRESIDING OFFICER. The Sen- such as this Phoenix VA supervisor publicans and Democrats side by side ator from Louisiana. makes it understandable why he has were saying: Look, there were some Mr. CASSIDY. Mr. President, I thank this perception. good ideas offered in that committee, the chairman. The legislation I have spoken of and they would make good amend- This week, the VA committee passed today helps restore accountability to ments to the bill, but we had to know out of committee S. 627, which estab- the VA system so that all will know what the costs were. The commitment lishes guidelines for the Secretary to that the VA is run first, foremost, and on both sides of the aisle was to find a deny bonuses to employees who have always for the veterans seen there as way to work together. I commend the violated VA policy or law. It also en- patients. chairman, and I commend the ranking sures information on reprimands will I yield the floor to my colleague Sen- member for their work and the way be kept in the employee’s permanent ator ROUNDS. that they worked through some very record. Our veterans deserve this bill. The PRESIDING OFFICER. The Sen- serious issues. When the VA scandal erupted in ator from South Dakota. The first one of those bills that I Phoenix last year, then-VA Secretary Mr. ROUNDS. Mr. President, I rise wanted to talk about was S. 1082, the Eric Shinseki rescinded the perform- today also to speak with regard to the Department of Veterans Affairs Ac- ance award given in 2013 to the career work of the Veterans’ Affairs Com- countability Act. It was introduced by senior executive who ran this Phoenix mittee. The Senate Veterans’ Affairs Senators MARCO RUBIO and RON JOHN- VA health care hospital—a bonus that Committee yesterday passed some very SON. Senator JOHNSON I am sure will be the Department said was awarded be- critical legislation. It is great to see here to speak because he understands cause of an administrative error. The the chairman and the ranking member exactly from his constituents what the employee appealed and a Federal judge and how they worked together side by need is to reform the system. directed the VA to repay the bonus de- side—Republican and Democratic col- This bill would allow for the removal spite the fact that the employee had leagues working together to improve or the demotion of employees of the improperly accepted more than $13,000 the lives of our veterans and truly to VA based on performance or mis- in gifts from a lobbyist and failed to re- begin the process of reforming a broken conduct. It also gives the employee port them and manipulated data to VA system. ample time to appeal the removal or conceal excessive wait times for vet- More than a year ago, the VA wait demotion. Finally, it extended the pro- erans seeking health care. list scandal was made public. One of bationary period for Senior Executive The judge determined, however, that the biggest reasons the problem grew Service employees to make sure the the VA did not have the authority to so large was the lack of accountability high-ups are doing their jobs correctly. rescind her bonus. This is why many within the VA. Yesterday, with bipar- The second one is S. 627, the Ayotte- veterans do not trust the VA. Here is tisan support, we reported out five Cassidy accountability bill. You have an administrator who, again, took bills. Among those were two bills fo- heard a little bit about it already. This $13,000 in gifts from a lobbyist, did not cused on bringing accountability to the bill would force VA employees who pur- report them, manipulated data and, VA. I would like to talk about that posefully manipulated wait lists for nonetheless, gets a bonus. This is, by process and about what I learned as a veterans’ health care to repay their the way, while veterans were allegedly freshman Senator, stepping in and bonus. It seems like only common dying prematurely because of the care watching—after listening to all of the sense—the kind of common sense we not given at this facility. stories about how the Senate was dys- have in South Dakota and that we like If we want to improve the VA sys- functional and things were not working to have. I know the Presiding Officer’s tem, we need to focus on the quality of right; Republicans would not work home State in Nebraska has that kind the workforce. Workforce morale was with Democrats, and Democrats would of common sense. It says: If you are seriously affected by those who abused not work with Republicans—how doing something wrong, you should not their authority and nonetheless re- Chairman ISAKSON and Ranking Mem- get paid a bonus and be allowed to con- ceived bonuses or those who do not ber BLUMENTHAL worked their way tinue on. have information on reprimands re- through these bills and unanimously This behavior of any VA employee tained in their permanent record, passed them out of committee. should not be tolerated—let alone re- meaning it is that much harder to dis- I also watched as some members of- warded. I am happy to see that this miss those employees who are not fered amendments. The chairman sug- passed the committee, and it sends a good. gested, strongly, that perhaps they message to the other hard-working em- How does this incentivize honest should withdraw them because we did ployees of the VA administration that workers to do a better job if we reward not have what we call pay-fors with their hard work is not going to be those who do not do good jobs? This is them, where there might have been an tainted by individuals who are not a commonsense solution that the expense, or we did not have a report doing their job correctly. Let me just American people will view as a signal saying whether it would add cost to a share this. I just have to share this

VerDate Sep 11 2014 04:16 Jul 24, 2015 Jkt 049060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.093 S23JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 23, 2015 CONGRESSIONAL RECORD — SENATE S5509 story. Some things you think you I yield the floor. ability to tell their stories, to make an would not see, and yet, in South Da- The PRESIDING OFFICER. The Sen- impression, and to get the attention of kota, I have a good friend who is 83 ator from Wisconsin. the administrators of the VA to start years old. He is a veteran. Mr. JOHNSON. Mr. President, I rise correcting the problems. But in my All he wanted to do was to get a new also to join my colleagues in support of opening statement, I laid out a set of glasses. He has diabetes. He a couple of bills that are supporting timeline that I would like to repeat wanted to get it through the VA. He the finest among us. I certainly want here. had gone to his own optometrist be- to underscore the thanks that the Sen- cause in our part we don’t have con- ator from South Dakota expressed to In April of 2003, Dr. David Houlihan tracts yet in the central part of South the men and women of our military, was disciplined by the Iowa Board of Dakota through the VA for optom- people to whom we owe a huge debt of Medicine for having an inappropriate etrists. So he had gone in and had sepa- gratitude for defending this Nation and relationship with a psychiatric patient. rately paid for the work of the optom- fighting for our freedoms. According to the executive director of etrist. The optometrist had written a I also really want to thank the good the Iowa Board of Medicine, the sanc- prescription. Senator from Georgia, the chairman of tions should have been a serious con- This veteran only wanted the VA to the Veterans’ Affairs Committee, for in cern for future employers. take care of the cost of the glasses. a very expeditious fashion taking up That was April of 2003. In 2004, Dr. They expected him to travel over 150 some very good pieces of legislation Houlihan was hired as a psychiatrist by miles to get to a VA facility to go get that will hold accountable those indi- glasses. We sure don’t want him driv- the Tomah VA Medical Center. In Au- viduals who are caring for the finest gust of 2005, Dr. Houlihan became chief ing. Yet that was the expectation—to among us in our veterans health care come up. of staff of the Tomah Medical Center. centers. In November 2007, Kraig Ferrington, a Look, this is the kind of stuff that But before I address those bills, let veteran who sought treatment for makes people irritated with the system me make a couple of points about the medication management, died from a that should be helping veterans. Our vast majority of men and women who lethal mixture of drugs. Autopsy re- office got involved with it. In fact, I of- are working in those VA health care sults showed Mr. Ferrington had seven fered to go on out and meet with the centers. They are dedicated individ- drugs in his system. In April 2009, it VA in Sturgis, SD, to find out what the uals, and they are doing a great job was known and documented by employ- problem was and why they would not providing health care to the men and ees of Tomah VA that many patients deliver this. My staff suggested that I women of our Armed Forces. Upon be- had called him the Candy Man and that should simply stop by if they could not coming a Senator for Wisconsin, I veterans were ‘‘prescribed large quan- take care of the problem. started visiting the VA medical facili- The VA indicated at that point they tities of narcotics.’’ Again, that was ties within our State and also in Min- would get it taken care of. But later April of 2009. neapolis, a center that also serves vet- they came back and suggested: Well, erans from Wisconsin. In June of 2009, Dr. Noelle Johnson you know, we don’t know why this guy What I found did not surprise me at was fired from Tomah for refusing to should get new glasses more than every all. I found those dedicated individuals, fill prescriptions she believed to be un- 2 years. That is because their contract and they are providing excellent health safe. Dr. Johnson had raised concerns would not allow for it. That is not the care. The veterans I spoke to in the to her superiors, had sought guidance type of attitude we want among VA of- halls and throughout the State were ficials. That is not the way we should from the Iowa medical licensing board, very satisfied with the health care they be treating our veterans. and later spoke with the Drug Enforce- This is the reason that we want ac- were getting. They were more than sat- ment Administration about Dr. countability within the VA system. We isfied. They heaped praise upon their Houlihan. care providers. found Republicans and Democrat side In July of 2009, Dr. Chris Kirkpatrick The wait times were pretty long. The by side saying: We are going to fix it. was fired from Tomah. Dr. Kirkpatrick parking lots were pretty full. But Now, we have a long way to go. We had raised concerns to his union about have a man at the head of the VA right again, they underscored certainly what I saw—that the vast majority of those overmedication at Tomah. Tragically, now that truly wants to fix it. He later that day, on the day of his termi- walked into the middle of a swamp, and men and women—the nurses, the doc- tors, the administrators—in our VA nation, Dr. Kirkpatrick committed sui- he is up to his butt in alligators. But cide. he is there to fix a problem. We want to health care facilities are really dedi- do everything we can to give him the cated to the task, and they are doing a In August of 2011, the VA Office of In- tools to get the job done right. great job for our veterans. But the fact spector General received an anonymous Hopefully, next week we will start of the matter is that they are not all complaint about overprescription and with fixing a budget problem they have doing a good job. It is not a perfect sys- retaliation by Dr. Houlihan at Tomah. by simply allowing them the flexibility tem—not by a long shot. I give the In March of 2012, a second anonymous press corps a great deal of credit for to take the resources that are already complaint was filed with the IG against breaking stories, first in Arizona, there within the Department and move Dr. Houlihan. The OIG examined 32 them into locations where they are where we saw those long wait times ac- separate examinations during his 21⁄2- tually resulting in the deaths of some more appropriate. That is what this is year-long inspection. all about—using a little bit of common veterans. sense in Washington, DC, to fix a prob- Then, in early January, I first be- In March of last year, 2014, the Office lem for veterans that has gone on way came aware, because of a news report, of Inspector General finished its in- too long. of a real problem in the Tomah, WI, VA spection of Tomah and administra- Today I wish to say thank you to our health care facility. I think maybe the tively closed the case without making veterans, to those men and women that best way to approach this is to provide it public. wear the uniform of the United States a timeline that I provided in a field On August 30 of 2014, Jason of America. We cannot say enough hearing that we held. It was a joint Simcakoski died in the Tomah mental about what they have done for the rest field hearing between my committee, health wing as a result of a mixed drug the Senate Committee on Homeland of us here. But we can continue to tell toxicity. Simcakoski was a patient of them thank you time and again and to Security and Governmental Affairs, Dr. Houlihan. His autopsy revealed he send a message that we are not going and the Veterans’ Affairs Committee in had over a dozen different medications to allow them to go without the serv- the House raising the issue in the com- in his system. ices that they are entitled to, the serv- munity. ices that we want to render to them in It was an excellent hearing. It af- In September 2014, Ryan Honl began an appropriate fashion, and that we forded the surviving family members of lodging whistleblower complaints will work until we get it done and get some of the veterans who had died in about patient safety and quality of it done correctly. the care of the Tomah VA center the care at Tomah.

VerDate Sep 11 2014 04:16 Jul 24, 2015 Jkt 049060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.095 S23JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5510 CONGRESSIONAL RECORD — SENATE July 23, 2015 On January 8, 2015, the Center for In- tee’s investigation shows there are em- effect of the slowdowns weren’t just vestigative Reporting published an ar- ployees of the Tomah VA who were re- limited to the port owners. When the ticle detailing overprescription and re- ferring to the Tomah VA back then as longshoremen decided to slow down taliation at Tomah. The article re- ‘‘Candy Land.’’ It is crucial we hold their work, the goods flowing through vealed that veterans and employees re- those people accountable. But to date, these ports backed up and inter- ferred to the Tomah VA Medical Center nobody—after multiple deaths caused national trade ground to a halt. as ‘‘Candy Land.’’ by the overprescription of opiates, This has had devastating economic On January 12, 2015, Candace Delis after the death of Thomas Baer, a vet- impacts in States far beyond the west brought her father, Thomas Baer, to eran who basically died of neglect—has coast and around the Nation as a the Tomah VA Medical Center with been held accountable by being fired, whole. Nine excruciating months after stroke-like symptoms. Mr. Baer waited by being terminated. the labor contract expired, the parties over 2 hours for attention. That day Again, there is not, from my perspec- finally reached a deal but not before the facility’s CT scanner was down for tive, any joy in terminating an em- costing U.S. businesses and consumers ‘‘routine preventive maintenance.’’ Mr. ployee, but for the good of the organi- billions upon billions of dollars and ru- Baer passed away 2 days later. zation or to honor the promise of the ining the credibility of our exporters On February 26, 2015, the Office of In- finest among us, that type of account- abroad. spector General finally posted its ability is absolutely necessary. When it comes to the administration, Tomah health care inspection report With that, I yield the floor. though, the response was pretty alarm- on its Web site. The PRESIDING OFFICER. The Sen- ing as well. Labor Secretary Perez was I called Candace Delis, the daughter ator from Colorado. just asked about this economic disaster of Thomas Baer, shortly after I heard Mr. GARDNER. Mr. President, I rise of the west coast ports slowdown when of the tragic death of her father. I will to speak about the west coast port visiting the ports of Los Angeles and never forget what she told me. She slowdown and comments that were Long Beach. His response: ‘‘The collec- said: Ron, had I known the problems at made by the administration as they re- tive bargaining process worked.’’ the Tomah VA Medical Center, I never late to that slowdown, along with leg- As a result of the west coast port would have taken my father to the fa- islation I have introduced called the slowdown, the administration’s re- cility, and my father would be alive PORTS Act, legislation I hope to pur- sponse was: ‘‘The collective bargaining today. sue during the transportation debate process worked.’’ I believe that to be a true statement. we are going to commence with over The Labor Secretary made these Accountability is something that is the next several days and also as it re- comments while visiting Los Angeles, crucial in any organization. I ran a lates to that west coast port slowdown, Long Beach, the two busiest ports of manufacturing plant for 31 years. I the economic impact that slowdown the country. So let’s take a look at what the collective bargaining process can’t tell you how corrosive it is to an had on our economy. did at those ports. This is a ship finder organization if individuals within that On June 30 of last year, the labor map of Los Angeles and Long Beach organization are not doing their job, contract that covered nearly 20,000 showing ships anchored offshore this not pulling their full weight, under- workers at 29 west coast ports expired. week. This is recent data. These are mining the shared goals of the organi- Port management and the ILWU began ships that are anchored off the shore of zation. It is corrosive. negotiations a year before, but in Sep- Los Angeles and Long Beach just this I was surprised when I offered a piece tember of 2014 those talks ground to a past week. This is what it looks like of legislation and the chairman of the standstill. Instead of remaining at the when the ports are operating and func- VA committee allowed me to present table and trying to find a solution and tioning normally. that piece of legislation to the com- negotiating in good faith, both parties You will notice there is a lot of blue mittee, the Ensuring Veterans Safety decided to begin jockeying for lever- ocean and not many ships anchored off- Through Accountability Act, and the age. shore. Ships can quickly unload im- VA representatives at that hearing The longshoremen purposefully ported products and load American- were opposed to holding medical pro- slowed down their work and drastically made exports for distribution around fessionals accountable. decreased productivity while still tak- the world. There is no backup, no con- Fortunately, the chairman, the Sen- ing home a full day’s pay. In the real gestion, and no disruption to our coun- ator from Georgia, agreed with me that world, employees can’t show up at try’s economy. the only way we are going to reform work and not do their work or slow it But this is what Los Angeles and this system, the only way we can make down dramatically, not have the pro- Long Beach—the ports of Los Angeles sure we honor promises through our ductivity they are expected to, and and Long Beach—looked like during VA health centers to the finest among still get everything they want, but in the slowdown during the crisis. Dozens us—the men and women of the mili- the back worlds of labor union politics upon dozens of ships anchored and idled tary—is by holding individuals ac- at the ports, that is business as usual. waiting for ships in port to be un- countable, which is exactly how the And business has been good at the loaded. bill was reported out, sponsored by the ports. You can see all the ships that are Senator from Florida. According to employer data, a full- backed up compared to the previous I truly thank him for his leadership time longshoreman earns about $130,000 chart. The Journal of Commerce re- on this issue, and I am pleased to join a year, full-time employment $130,000 a ported that there were 32 ships an- him as the lead sponsor of that bill. year, while foremen earn about chored off the ports of Los Angeles and The Department of Veterans Affairs $210,000. That is a pretty good pay- Long Beach at one point during the Accountability Act of 2015 will hold check, and the contract raises these slowdown. There has been a lot of dis- every employee within the VA account- wages even higher. cussion recently about the need for a able. That is crucial. Workers pay nothing for health cov- long-term surface transportation bill Again, I thank our veterans, I thank erage that includes no premiums and $1 that invests in 21st century infrastruc- the Senator from Florida, the Senator prescriptions. Providing this health ture, but just take a look at the kind from Georgia, and I urge my colleagues care costs employers about $35,000 per of dysfunction antiquated labor laws to support this piece of legislation. employee per year. They are also eligi- can cause. Let’s get it passed. Let’s start holding ble for a maximum pension of over This is an aerial shot. You can see those few bad apples—and I truly be- $80,000 per year upon retirement, so this is off the wing of an airplane lieve that. I think it is just a few peo- $130,000 salary for a longshoreman, where you can see all of the ships that ple who need to be held accountable. $210,000 if you are a foreman, $35,000 for are backed up waiting at these ports to A little postscript to my timeline, health benefits, and $80,000 per year be unloaded, ships that carry the goods and I think one of the reasons this worth of pension upon retirement. for our economy, the goods that make piece of legislation is so important is But what happened for the rest of us our economy run. Congestion like this even with that record dating back to this past year when the slowdown oc- is a nightmare for American farmers, 2004—and by the way, our own commit- curred on the 29 west coast ports, the businesses, and consumers.

VerDate Sep 11 2014 04:16 Jul 24, 2015 Jkt 049060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.097 S23JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 23, 2015 CONGRESSIONAL RECORD — SENATE S5511 Farm exporters were charged exorbi- The Fed economists also found that The PRESIDING OFFICER. Without tant fees for warehouse space to store disruptions disproportionately affected objection, it is so ordered. their agricultural goods as they rotted exporters sending American-made Mr. MCCONNELL. Mr. President, for and spoiled. Meat and poultry compa- goods abroad for sale overseas. Export- the information of all Senators, reg- nies alone faced port charges in excess ers didn’t have access to imported raw ular order would have produced a vote of $30 million per week. So if people materials and parts they needed to on the motion to proceed at 2 a.m. to- were earning $130,000 a year and not build their products. This caused sup- night. For the information of all Sen- doing their work unloading ships, ply chains to back up and eventually ators, that vote will actually occur at American farmers, poultry, and meat reduced output and employment. 9 a.m. tomorrow. So there will be no producers were charged $30 million per So the Fed is telling us that the col- further votes tonight. week. Businesses further up the supply lective bargaining process at the ports The PRESIDING OFFICER. The Sen- chain were also affected. measurably reduced economic growth ator from Washington. One large U.S. base manufacturer has and American jobs across the country STRATEGIC PETROLEUM RESERVE calculated the cost of lost sales, ware- by crippling American businesses, but Ms. CANTWELL. Mr. President, Sen- house space, additional inventory, and only in the backward worlds of labor ator MURKOWSKI and I released a bipar- transportation at $100 million in total union politics could this economic dis- tisan energy bill. We hope to mark up as a result of the delays at the west aster be considered everything is work- that bill next week, but critical to that coast ports. Those are just the direct ing just fine. Only in a union-domi- Energy bill is the modernization of the costs. nated industry could this catastrophe Strategic Petroleum Reserve. American businesses also lost credi- be considered a success. Forty years ago, we created the Stra- bility and future customers as the for- That is why I have introduced the tegic Petroleum Reserve to prevent eign buyers turned to other nations for PORTS Act. Our legislation would dis- economic distress caused by oil disrup- more stable supplies. courage disruptions at U.S. ports and tion. People remember exactly what The Wall Street Journal recently re- incentivize speedy resolution of dis- happened with the Arab oil embargo in ported that the west coast port delays putes by strengthening and expanding 1973. The law that created the SPRO— forced layoffs and downsizing in the the well-known Taft-Hartley process. the Energy Policy Conservation Act— U.S. leather industry. Chinese tanners Over 100 national agricultural, manu- was enacted in 1975 specifically to help are now turning to European and Bra- facturing, and retail organizations sup- protect the U.S. economy from energy zilian producers to fill their orders. port the PORTS Act because they are disruptions. This is a $3 billion industry that had to fed up with the status quo. They dis- The core policy reason for having the lay off workers because of the dispute agree with the administration, which reserve really hasn’t changed, nor of the west coast ports. should it. The Strategic Petroleum Re- Apparently, the administration again thinks shrinking our economy is every- serve is an important asset to our en- thinks the process worked just as it thing working just fine. There are some who oppose the ergy security. We need it as much was supposed to work. Efficient trade through U.S. ports is critical to main- PORTS Act, and those are the labor today as we did then. Perhaps even taining and growing economic oppor- unions. In fact, earlier this month, the more so now that we have so much vol- tunity in States across this country. AFL–CIO put out a statement saying atility. Clearly, we have seen dramatic According to the American Association legislation like the PORTS Act was not changes in our energy policy landscape. of Port Authorities, U.S. ports support needed. You can see what has happened Instead of importing a lot of oil, we 23 million jobs, and the value of related without the PORTS Act is economic economic activity accounts for 26 per- decline, people being laid off, farmers have become a bigger producer in the cent of our national GDP. Twenty-six losing millions of dollars, products rot- United States, and our oil infrastruc- percent of our national GDP comes ting in warehouses because of the ture and refining capacity has reduced from our ports system. Contract nego- backups. our ability to make sure SPR is avail- tiations related to labor disputes at In just 5 years—5 years from now— able in case of an emergency. In fact, the Department of Energy our ports clog up these vital arteries the labor contracts on both the east and cause problems throughout our na- coast and the west coast will expire. did a test sale in 2014 and identified a tional supply chain. Imagine what would happen if we had series of challenges associated with the If you need further proof of whether labor disputes occurring on the west way the SPR distribution works today. this impacted our economy—that pic- coast and the east coast at the same That is why I think it is so important. ture we just saw of all the ships time, people who were willing to These very supplies that make us more stacked up at L.A. and the ports in threaten that 26 percent of our na- secure in one respect are also stressing California—according to Federal Re- tional GDP over a dispute, while the our national infrastructure and may serve economists, the disruptions on administration says everything is actually lessen our ability to respond the west coast were great enough to af- working just fine. It is critical we have in an emergency. That is why it is so fect the entire economic output of the the necessary tools in place to prevent important to modernize the SPRO, to country. another debilitating crisis. use the resources we have there, to This chart shows the quarterly If we learned anything from this past make sure we make investments. change in national GDP. Once negotia- dispute, it is that Labor Secretary Some may have seen the Quadrennial tions stalled, you will notice GDP Perez is wrong—the current process Energy Review recently produced and growth started to decline. So here we does not work. And the AFL–CIO is released. Its key findings—I am now are in the third quarter of 2014. Re- wrong—legislation like the PORTS Act reading from the report—show that member, we started talking about Sep- is desperately needed. multiple factors affect U.S. energy se- tember of 2014, when the slowdowns I urge my colleagues in the Senate to curity. These include U.S. oil demand, really started. By the time we get to join me in supporting this important the level of oil imports, the adequacy the last quarter of 2014 and the first legislation. Let us not pinch our econ- of emergency response systems, fuel in- quarter of 2015, you can see the labor omy in an economic vice from the east ventory levels, fuel substitution capac- dispute contributing to the decline of and the west. Let’s find economic op- ity, energy system resilience, and the our national GDP. Our economy portunity to grow our Nation together. flexibility, transparency, and competi- shrank as a result of port slowdown. Mr. President, I yield the floor. tiveness of the global energy market- In the first quarter of this year, when I suggest the absence of a quorum. place. the slowdowns were in full swing, the The PRESIDING OFFICER. The The report goes on to say the United economy actually shrank by 0.2 per- clerk will call the roll. States is the world’s largest producer cent. You can see it, in the third quar- The senior assistant legislative clerk of petroleum and natural gas. Com- ter—this is the last quarter—to the proceeded to call the roll. bined with new clean energy tech- first quarter of this year. Twenty-six Mr. MCCONNELL. Mr. President, I nologies and improved fuel efficiency, percent of our GDP depends on these ask unanimous consent that the order U.S. energy security is stronger than it ports. for the quorum call be rescinded. has been in over half a century.

VerDate Sep 11 2014 04:16 Jul 24, 2015 Jkt 049060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.099 S23JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5512 CONGRESSIONAL RECORD — SENATE July 23, 2015 But the report goes on to say: None- tant to us. These agricultural commod- which are nearing their life-end oper- theless, challenges remain in maxi- ities are important for us. ational capacity—that in fact there is mizing that energy security benefits of The quadrennial review calls for an the $2 billion that is needed to repair our resources in a way that enhances update to the Strategic Petroleum Re- that. I am not even sure you can sell our competitiveness and minimizes our serve. The Department of Energy money out of the SPR now onto the environmental impacts of their use. should make infrastructure invest- marketplace because all of the The network of the oil distribution has ments to the Strategic Petroleum Re- apparatuses and the functioning capa- changed significantly. serve and its distribution systems to bilities for it don’t work correctly now. So the Strategic Petroleum Reserve’s optimize the SPR’s ability to protect I know we want to mark up a transpor- ability to offset future energy supply the U.S. economy in an energy emer- tation bill that has this money in here, disruption has been adversely affected gency. That is right from the report. but we may not even be able to collect by global domestic and global market The report calls for creating a on it. Let’s make sure we do our re- development, and so there is a need for multimodal freight program to make pairs. an upgrade. sure we improve investment in freight Secondly, let’s make sure the re- I think people can all agree it needs and to make sure there is Federal ac- ceipts from the SPR sale should be an upgrade. So that is why we raise a tion on shared transportation infra- used to improve the critical urgency question about a transportation bill on structure that makes sure we can move and energy infrastructure investments the floor that takes money out of the our energy products. that we need. Strategic Petroleum Reserve not to up- It says we have to work on our water- Now, some of my colleagues talk grade that energy security need but to ways as well because the waterways about how expensive this oil was when put it into highways, which will do are critical to moving our energy prod- we bought it and now what we are sell- nothing to secure us if there is an en- ucts around. ing it for. I could say taxpayers are ergy supply disruption. The report goes on to say that the definitely not getting their fair share. The report goes on to say the capac- Federal facility that consists of a net- But one way to make sure they get ity of the Strategic Petroleum Reserve work of 62 salt caverns at four geo- their fair share on this investment is to protect the U.S. economy from se- graphically dispersed storage sites to make sure it is invested in the en- vere economic harm in the event of a need upgrading. A lot of this is hap- ergy security infrastructure that our supply emergency associated with pening in the south of our country, in Nation needs. Now would not be the spikes has been diminished. It has been Louisiana and Texas. We need to make time to damage our Nation’s emer- diminished. sure our economy does not see another gency preparedness by giving this Changes in U.S. energy production disruption or price spike without our money away in a transportation deal are stressing and transforming the way ability to update the SPR and actually that is only about highways. energy commodities are transported in get the product out. I hope, my colleagues, if we are real- the United States. Some of these com- The report called on DOE to make a ly serious about this effort, if we are modities, the report goes on to say, $2 billion investment to increase the going to sell SPR at any price and af- such as coal and ethanol have tradi- incremental distribution of SPR by fect the American taxpayers, that we tionally relied on rail and barge trans- adding a dedicated marine loading- will follow the recommendations of the port to move these products. These dock capacity at a gulf coast ter- Department of Energy’s Quadrennial transportation modes, such as rail, minus—my guess, again, is probably in Energy Review that found that many barge, and truck transport, are also Texas or Louisiana—and that Congress different areas of our energy infra- shared by agriculture and other major should update the SPR to be more ef- structure need investing. We could commodities and are being joined by fective in preventing serious economic make investments in resiliency, reli- significant growth in the use of trans- hardships to the U.S. energy supply ability, and security, and focusing on port of oil and refined petroleum prod- and making sure we optimize our ca- hardening our infrastructure, particu- ucts. pacity for infrastructure distribution. larly our transportation systems, So it creates a limited infrastructure The report also calls for an additional which are going to be critical for how capacity among these commodities. $2.5 billion over 10 years to make sure we move this product around in the fu- The report goes on to say that those we are making these connectors. ture, and, also so that we have port costs are being increased in shipping So not only are we required to do connectors, which are challenged by and then being passed on to the con- this as a country—to make sure that the movement of critical freight in sumer. So literally, by taking money our country is safe and secure and that critical freight corridors. out of the SPR and not investing it in we take advantage of the product we We want our country to continue to the modernization of our energy infra- have—but we are also a member of the be self-reliant and to have the great structure and security—we are taking International Energy Program. As to products we are exporting through our money and building highways—we are members, they make sure every coun- ports, but they too need the infrastruc- making it more expensive for con- try is doing what they should to make ture investment. Multiple commodities sumers to get products and to secure sure there is an increase in supply and are competing, and they can’t even get our economy. that we can withstand anything—a on the tracks or through our port cor- The Department of Agriculture has world event, a natural disaster, a hur- ridors without making further invest- indicated that disruptions to agricul- ricane or critical infrastructure de- ment. tural shipments—that is, agricultural struction by some cyber event or by an I believe the Secretary of Energy products that can’t get on the rails be- actual attack. So the SPR is like a needs the flexibility to manage the cause we have so much oil, natural gas, rainy day fund, an account that makes SPR and the SPR assets. I believe, if coal, and all these other things or just that infrastructure work. the Secretary of Energy or the Presi- sand for drilling—are basically causing There are two things in particular we dent of the United States thought it a disruption so big that it is bigger should consider when we are thinking was such a great idea to sell money out than the disruption to agriculture about the drawdown of this product of the SPR for highways only, we caused by Katrina. that is not specifically tied to an emer- would hear them saying so. We don’t. So we have supply. But the economic gency. I think we need to provide the Sec- challenge of having other products dis- First, we should make sure this in- retary with the dependability to make placed or having the cost to consumers vestment is an upgrade to the SPR’s these decisions about our energy secu- go up is what is threatening us. Even infrastructure and for its emergency rity and make the right investments the ability to maintain adequate coal capabilities. That is, if we are going to for our future. I hope we can get this stockpiles at some electric powerplants take money out, it should go to infra- right before this bill is done here in the has been affected by rail congestion. structure in responding to emergencies Senate. Otherwise, we will not be doing That comes directly from the report. and not just to the highway bill for ourselves any favor when it comes to Why is that so important? Because all highways. We need to make sure the energy or energy security. these energy commodities are impor- SPR’s critical systems and equipment, I yield the floor.

VerDate Sep 11 2014 04:16 Jul 24, 2015 Jkt 049060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.101 S23JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 23, 2015 CONGRESSIONAL RECORD — SENATE S5513 The PRESIDING OFFICER. The Sen- make our communities more inclusive, ignated by the U.S. Government as the ator from Connecticut. and we should honor this important an- Port of Baltimore’s distribution broker (The remarks of Mr. BLUMENTHAL niversary by continuing our efforts to for grain exports, Shapiro & Co., pertaining to the introduction of S. ensure that no person with a disability though small, began to build a reputa- 1856 are printed in today’s RECORD experiences prejudice, discrimination, tion for effectiveness and reliability under ‘‘Statements on Introduced Bills or barriers to living full and productive among European businesses during the and Joint Resolutions.’’) lives. postwar reconstruction period. Mr. BLUMENTHAL. I suggest the ab- f Throughout the 1920s, 1930s, and 1940s, sence of a quorum. Shapiro & Co. continued to expand, The PRESIDING OFFICER. The REMEMBERING TROY ELAM helping to cement the city of Balti- clerk will call the roll. Mr. PORTMAN. Mr. President, I wish more as one of the Nation’s premier The legislative clerk proceeded to to honor the life of Troy B. Elam, of commercial ports. call the roll. Middletown, OH, and to recognize his In the 1950s, Shapiro & Co., driven by Mr. SULLIVAN. Mr. President, I ask legacy and service to our Nation. the strong leadership of Samuel and his unanimous consent that the order for Troy was born in Knox County, KY, son Sigmund, emerged as an influential the quorum call be rescinded. on May 31, 1926. He was the son of John force in lobbying for the establishment The PRESIDING OFFICER. Without Nathan Elam and Alice (Clouse) Elam of the Maryland Port Authority in 1956 objection, it is so ordered. and passed away on July 17, 2015. and in advocating for the growth of the port, supporting the construction of f Part of our ‘‘greatest generation,’’ Troy Elam served his country valiantly the Dundalk Marine Terminal in the MORNING BUSINESS in WWII. A decorated WWII combat late 1950s and early 1960s. Shapiro & Co. Mr. SULLIVAN. Mr. President, I ask veteran, Troy Elam was awarded two continued to serve as an economic unanimous consent that the Senate be Bronze Stars for service on the front force through some of Baltimore’s in a period of morning business, with lines as part of a U.S. Army machine most difficult times, throughout the Senators permitted to speak therein gun squad in the Battle of the Bulge eras of upheaval and relocation in the for up to 10 minutes each. and the Battle of Remagen. His unit 1960s and 1970s. The PRESIDING OFFICER. Without liberated a Nazi concentration camp After a lifetime of devotion to the objection, it is so ordered. and Troy was proud to be part of the city of Baltimore, Samuel Shapiro passed away at the age of 92 in the mid- f honor guard 21-gun salute for a Dutch 1980s. Today, the company is headed by soldier who died after being liberated. AMERICANS WITH DISABILITIES president and CEO Marjorie Shapiro, In addition to being a WWII veteran, ACT 25TH ANNIVERSARY Samuel’s granddaughter. Shapiro, as he was a longtime and dedicated me- the company is known today, has Mr. SANDERS. Mr. President, July chanic at the Portman Equipment evolved from a one-room office with a 26, 2015, marks the 25th anniversary of Company. Troy raised his family in $5 roll-top desk to a well-respected and the enactment of the Americans with Middletown, OH, and is survived by his highly regarded industry leader and Disabilities Act. I would like to take a wife of 71 years, Dorothy Mae (Helton) Baltimore institution. The Port of Bal- moment to discuss the importance of Elam, his children Diane McCowan, this landmark legislation and to high- timore is more vibrant than ever, due Troy D. Elam, Don Elam, and Jerry in part to the stewardship of Shapiro & light the strides we have made in mak- Elam, 9 grandchildren, and 14 great- ing our communities more inclusive. Co. In 2014, the Port brought in 29.5 grandchildren. million tons of foreign exports at a It is estimated that nearly one in five Troy Elam was an American hero. He Americans have a disability. Upon its value of $52.5 billion. I ask my col- will be missed, but his legacy will not leagues to join me in celebrating the passage, the ADA was hailed as the be forgotten. world’s first comprehensive declaration legacy of this outstanding company, f of equality for people with disabilities. which embodies the values that we It established a clear national mandate ADDITIONAL STATEMENTS honor most as Americans: hard work, a that we as a nation have a moral re- commitment to family, and tireless ∑ sponsibility to ensure that all Ameri- dedication. cans have access to the programs and SAMUEL SHAPIRO & COMPANY f 100TH ANNIVERSARY the support needed to contribute to so- TRIBUTE TO LESLEY ROBINSON ∑ Mr. CARDIN. Mr. President, I wish to ciety, live with dignity, and achieve a ∑ Mr. DAINES. Mr. President, I wish to high quality of life. Over the past 25 pay tribute to Samuel Shapiro & Com- recognize Lesley Robinson, the newly years, the ADA has expanded opportu- pany, a Baltimore-based customs elected member of the Executive Com- nities for Americans with disabilities broker and freight forwarder, on the mittee of the National Association of by reducing barriers and changing per- occasion of the firm’s 100th anniver- Counties, NACo, as Montanan of the ceptions and increasing full participa- sary. Founded by Samuel Shapiro in Week. Mrs. Robinson was recognized tion in all areas of public life, includ- 1915, Shapiro & Co. has since become during NACo’s 80th Annual Conference ing the workforce, education, and one of our country’s leaders in domes- and will now act as the regional rep- transportation. Because of this legisla- tic and international shipping, with lo- resentative for the western region of tion, we have made tremendous cations across the eastern seaboard. the United States. Mrs. Robinson will progress in eliminating barriers to ev- From navigating the intricacies of also serve as vice chair of NACo’s Pub- eryday life for Americans living with international cargo management to lic Lands Steering Committee, which disabilities. providing client consultation on im- oversees all matters pertaining to fed- Unfortunately, even after 25 years, port and export compliance, Shapiro & erally-owned public lands. we still live in a world where people Co. has distinguished itself as a center As a rancher from Dodson, MT, Mrs. with disabilities have fewer work op- of innovation, extensive business acu- Robinson understands the western life- portunities and higher rates of unem- men, and creativity. Strong family and style and hopes to protect the interests ployment than people without disabil- community ties lie at the real heart of of Montana and other western counties ities. We still have more work to do to the company, which has been family- while working on the executive com- ensure that the basic civil rights of owned since its founding. mittee. Mrs. Robinson wants to high- persons with disabilities are fully pro- Samuel Shapiro, a son of Russian im- light issues regarding resource man- tected and respected, but the ADA was migrants, founded Samuel Shapiro & agement, endangered species protec- an important step forward in achieving Company at age 20 just as our Nation tion, and wildfire prevention. these goals. was beginning to emerge onto the glob- Beyond her work at NACo, Mrs. Rob- Through passage of the ADA, we have al stage, economically, politically, and inson is also an active member of her made more progress on this issue than socially. Our European allies were in community. She works with local orga- anyone ever dreamed of 25 years ago. the midst of war, driving the need for nizations like the Bear Paw Develop- We should be proud of these efforts to American-made goods ever higher. Des- ment Corporation, Phillco Economic

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