June 7, 2016 CONGRESSIONAL RECORD — SENATE S3525 process to get this done. Many thou- priated or made available under an appro- partment of Defense and related func- sands of Americans have worked for priation Act making appropriations for fis- tions. In this amendment, we are pro- chemical safety reform over the last cal year 2017, there are authorized to be ap- posing an additional increase in non- propriated for fiscal year 2017— four decades. I am thanking you for (1) $2,000,000,000 to address cybersecurity defense programs. I look forward to to- not giving up. vulnerabilities, which shall be allocated by morrow. My dad always said—and Senator the Director of the Office of Management I thank the chairman for his consid- MCCAIN knew my father Stewart and Budget among nondefense agencies; eration through the process of this Udall—‘‘Get it done, but get it done (2) $1,100,000,000 to address the heroin and floor debate. right.’’ And today I can say that not opioid crisis, including funding for law en- The PRESIDING OFFICER. The Sen- only did we get it done, but we got it forcement, treatment, and prevention; ator from Arizona. (3) $1,900,000,000 for budget function 150 to done right. Let’s not forget, this is just Mr. MCCAIN. Mr. President, I thank implement the integrated campaign plan to my friend from Rhode Island and look one step in the process. We must find a counter the Islamic State of Iraq and the Le- way to work collaboratively as we turn vant, for assistance under the Food for Peace forward to vigorous debate on both the to the next step—implementation. Im- Act (7 U.S.C. 1721 et seq.), for assistance for initial amendment and the second-de- plementation needs to be done and Israel, Jordan, and Lebanon, and for embassy gree amendment proposed by my friend needs to be done right. security; from Rhode Island. I would like to en- I look forward to working with all of (4) $1,400,000,000 for security and law en- gage in very vigorous debate on both, these members and groups to ensure we forcement needs, including funding for— and hopefully, for the benefit of my (A) the Department of Homeland Secu- colleagues, cloture on both will be filed have a strong, workable chemical safe- rity— ty program. (i) for the Transportation Security Admin- by the majority leader and hopefully Thank you, Senator MCCAIN. I am istration to reduce wait times and improve we can finish debate on it either late sorry if this went longer than you ex- security; morning tomorrow or early afternoon, pected. I know my Uncle Mo is looking (ii) to hire 2,000 new Customs and Border if necessary, so we can move on to down and saying thank you to you and Protection Officers; and other amendments. my father Stewart and the long rela- (iii) for the Coast Guard; Let’s have no doubt about how im- (B) law enforcement at the Department of tionship you have had with the Udall portant this debate and discussion on Justice, such as the Federal Bureau of Inves- this amendment will be tomorrow. We family and the chapters in your books tigation and hiring under the Community about Mo Udall and that relationship. Oriented Policing Services program; and are talking about $18 billion. In the So thank you so much, and I thank (C) the Federal Emergency Management case of the Senator from Rhode Island, also Ranking Member JACK REED for Agency for grants to State and local first re- I am sure there are numerous billions his patience. I know the hour is getting sponders; more as well. I think it deserves every late. Thank you so much. (5) $3,200,000,000 to meet the infrastructure Members’ attention and debate. needs of the United States, including— I say to my friend from Rhode Island, I yield the floor. (A) funding for the transportation invest- Mr. MCCAIN. Will the Senator yield? I certainly understand the point of ment generating economic recovery grant view and the position they have taken, I just wonder if there is anyone left program carried out by the Secretary of in America whom he has not thanked. Transportation (commonly known as and from a glance at this, it looks like Mr. UDALL. I did my best. ‘‘TIGER grants’’); and there are some areas of funding that are related to national security that I f (B) funding to address maintenance, con- struction, and security-related backlogs think are supportable. There are others NATIONAL DEFENSE AUTHORIZA- for— that are not, but we look forward to TION ACT FOR FISCAL YEAR (i) medical facilities and minor construc- the debate tomorrow, and hopefully 2017—Continued tion projects of the Department of Veterans any Member who wants to be involved Affairs; will come down and engage in this de- The PRESIDING OFFICER. The Sen- (ii) the Federal Aviation Administration; ator from Rhode Island. (iii) rail and transit systems; bate. We would like to wrap it up to- AMENDMENT NO. 4549 TO AMENDMENT NO. 4229 (iv) the National Park System; and morrow because there are a number of Mr. REED. Mr. President, I call up (v) the HOME Investment Partnerships other amendments pending. amendment No. 4549 to McCain amend- Program authorized under title II of the I yield the floor. Cranston-Gonzalez National Affordable The PRESIDING OFFICER. The Sen- ment No. 4229, and I ask unanimous Housing Act (42 U.S.C. 12721 et seq.); ator from Oregon. consent that it be reported by number. (6) $1,900,000,000 for water infrastructure, Mr. WYDEN. Mr. President, it was The PRESIDING OFFICER. Without including grants and loans for rural water extraordinary to watch this bipartisan objection, it is so ordered. systems, State revolving funds, and funds to effort on TSCA. The clerk will report the amendment mitigate lead contamination, including a An hour ago, Senator PETERS and I by number. grant to Flint, Michigan; (7) $3,498,000,000 for science and technology, thought we were going to have floor The senior assistant legislative clerk time for some brief remarks. I would read as follows: including— (A) $2,000,000,000 for the National Institutes like to ask unanimous consent that The Senator from Rhode Island [Mr. REED] of Health; and Senator PETERS have the chance to ad- proposes an amendment numbered 4549 to (B) $1,498,000,000 for the National Science dress the issues he thought he was amendment No. 4229. Foundation, the National Aeronautics and going to address, and he is going to be The amendment is as follows: Space Administration, the Department of brief. I will go next. I will be brief. I (Purpose: To authorize parity for defense and Energy research, including ARPA-E, and De- partment of Agriculture research; ask unanimous consent that following nondefense spending pursuant to the Bipar- Senator PETERS’ remarks, I be allowed tisan Budget Act of 2015) (8) $1,900,000,000 for Zika prevention and treatment; to address the Senate briefly. At the end, add the following: (9) $202,000,000 for wildland fire suppression; The PRESIDING OFFICER. Is there SEC. 1513. OTHER OVERSEAS CONTINGENCY OP- and objection? ERATIONS MATTERS. (10) $900,000,000 to fully implement the FDA Without objection, it is so ordered. (a) ADJUSTMENTS.—Section 101(d) of the Bi- Food Safety Modernization Act (Public Law The Senator from Michigan. partisan Budget Act of 2015 (Public Law 114– 111–353; 124 Stat. 3885) and protect food safe- AMENDMENT NO. 4138 74; 129 Stat. 587) is amended— ty, the Every Student Succeeds Act (Public (1) by striking paragraph (2)(B) and insert- Law 114–95; 129 Stat. 1802), the Individuals Mr. PETERS. Mr. President, I rise to ing the following: with Disabilities Education Act (20 U.S.C. thank Chairman MCCAIN and Ranking ‘‘(B) for fiscal year 2017, $76,798,000,000.’’; 1400), the Workforce Innovation and Oppor- Member REED for their support and for and tunity Act (29 U.S.C. 3101 et seq.), and for their help in passing the Peters amend- (2) by inserting after paragraph (2) the fol- college affordability. ment No. 4138 to the National Defense lowing: Authorization Act. I also would like to ‘‘(3) For purposes authorized by section Mr. REED. Mr. President, I look for- 1513(b) of the National Defense Authorization ward to a very thoughtful debate to- thank my colleagues Senators DAINES, Act of 2017, $18,000,000,000.’’. morrow. Senator MCCAIN has intro- TILLIS, and GILLIBRAND for joining me (b) ADDITIONAL PURPOSES.—In addition to duced an amendment that would in- in this important bipartisan amend- amounts already authorized to be appro- crease spending with respect to the De- ment. I would also like to thank all the

VerDate Sep 11 2014 07:14 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.085 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3526 CONGRESSIONAL RECORD — SENATE June 7, 2016 Members who cosponsored the amend- had difficulty maintaining a job. This In 2003, courageous American sol- ment, including Senators TESTER, STA- is an example of someone who is suf- diers, including members of Oregon’s BENOW, KIRK, SANDERS, STABENOW, fering as a result of service to his coun- National Guard, were given the task of BLUMENTHAL, BOXER, and Chairman try, and yet the VA denied his request protecting workers of Kellogg Brown & MCCAIN. for benefits on the basis of this dis- Root, KBR, at the Qarmat Ali water We have far too many servicemem- charge. The Discharge Review Board treatment plant in southern Iraq. bers who are suffering from trauma-re- also denied his request to upgrade his Some of these soldiers are suing KBR lated conditions such as post-trau- discharge, despite his presenting clear on the grounds that the contractor matic stress disorder or traumatic evidence of his condition. knowingly exposed them to dangerous brain injury. Unfortunately, many of We must stop denying care to serv- carcinogenic substances such as so- these servicemembers have received a icemembers with stories like this and dium dichromate and hexavalent chro- less-than-honorable discharge, also start providing them with the benefits mium. Many of these soldiers have re- known as a bad paper discharge. These they deserve and earned through their ported serious illnesses, and at least former servicemembers can receive bad service. We have a responsibility to one has already passed away at a sur- paper discharges for misconduct that is treat those who defend our freedom prisingly young age. KBR has fought often linked to behavior seen from with dignity, respect, and compassion. this case, as is their right, and nor- those suffering from PTSD, TBI, or Last year I introduced the Fairness mally this would not be an issue for other trauma-related conditions. The for Veterans Act, and the Peters- the Congress, but this is not a normal effects of traumatic brain injury can Daines-Tillis-Gillibrand amendment case because KBR isn’t paying for the include cognitive problems, including that was unanimously accepted by this case. The American taxpayer is picking headaches, memory issues, and atten- body is a modified version of that bill. up the bill. KBR’s contract with the tion deficits. In addition to combat- The Peters amendment would ensure Pentagon includes an indemnification sustained injuries, PTSD and TBI can liberal consideration will be given to clause. This, of course, is legalese that also be the result of military sexual petitions for changes in characteriza- means that the U.S. taxpayer is on the trauma. tions of service related to PTSD or TBI hook not only for any damages in- Bad paper discharges make former before Discharge Review Boards. curred as a result of the contractor’s servicemembers who are suffering from The Peters amendment also clarifies actions but also for legal bills and ad- service-connected conditions ineligible that PTSD and TBI claims that are re- ministrative costs incurred during for a number of the benefits they have lated to military sexual trauma should legal battles. It makes no difference if earned and have become ineligible also receive liberal considerations. I the contractor is at fault or not. when they need them the most. These would like to thank the many veterans In this case KBR has run up exorbi- service organizations that advocated discharges put servicemembers at risk tant and wasteful legal bills in the tirelessly on behalf of this amendment of losing access to VA health care and course of its lengthy legal defenses and legislation. against the soldiers’ claims. The Pen- veterans homelessness prevention pro- I would like to recognize the Iraq and grams. This is completely unaccept- tagon, in essence, gave these contrac- Afghanistan Veterans of America, Dis- tors a blank check. Predictably, KBR able. abled Veterans of America, Military I would like to share a story of a has run very high legal fees, paying Officers Association of America, the former servicemember who shared his first-class airfare for lawyers, wit- American Legion, Paralyzed Veterans experience with my office in Michigan. nesses, and executives, secure in the of America, Vietnam Veterans of knowledge that the taxpayer was pick- This individual was deployed in Af- America, Veterans of Foreign Wars, ing up the tab. ghanistan in 2008 as a machine gunner. United Soldiers and Sailors of Amer- For his performance overseas, he re- Along with attorneys billing at $750 ica, and Swords to Plowshares. an hour, taxpayers are on the hook to ceived a number of awards, including In addition to seeing strong support pay at least one expert more than the Combat Action Ribbon, Global War from these veteran services organiza- $600,000 for testimony and consultation on Terrorism Service Medal, Navy Mer- tions, this has also been a bicameral ef- and apparently time spent napping. Of itorious Unit Commendation, Afghani- fort. I would also like to thank Rep- course, there is no incentive for KBR stan Campaign Medal, Sea Service De- resentative MIKE COFFMAN of Colorado to bring the legal cases to a conclusion. ployment Ribbon, and the National De- and TIM WALZ of Minnesota, who intro- fense Service Medal. When he returned duced the companion bill in the House The lawyers can run fees until the cows home, he began suffering from agita- and are supportive of this amendment. come home because they know they tion, inability to sleep, blackouts, and Servicemembers who are coping with will not have to pay a dime no matter difficulties with comprehension. the invisible wounds inflicted during how the case turns out. He was scheduled to be evaluated for their service and were subject to a bad Fortunately, in this indemnity case, TBI. However, that evaluation never paper discharge should not lose access and in others, there is a solution pro- occurred. He began drinking to help to the benefits they have rightfully vided in the same contract. The con- himself sleep and received an other- earned. That is why we must ensure tract empowers the Department of De- than-honorable discharge after failing that all veterans get the fair process fense to take over the litigation and a drug test. Following his discharge, they deserve when petitioning for a look out for the interest of the Amer- the VA diagnosed him with TBI, and he change in characterization of their dis- ican taxpayer who is footing the bill. began treatment. charge. The Peters amendment No. 4138 For reasons that are hard to calculate, The VA later determined he was in- will do just that. the Pentagon has refused to do this in eligible for treatment due to the char- I am proud that today this body the KBR case, despite my having urged acter of his discharge, and his treat- unanimously approved this important several Secretaries of Defense to exer- ment ceased immediately. He was later amendment that I authored with Sen- cise this authority, and so the litiga- evaluated by a psychologist special- ators DAINES, TILLIS, and GILLIBRAND. I tion continues with no end in sight. izing in trauma management who de- look forward to working with my That is why I have filed amendment termined that the behavior that led to House colleagues to ensure this provi- No. 4510 to the 2017 National Defense his discharge was the result of his TBI sion remains in the conference bill. Authorization Act. The amendment di- and PTSD. Mr. President, I yield the floor. rects the Department of Defense to ex- He petitioned the Discharge Review The PRESIDING OFFICER. The Sen- ercise its contractual right to take Board for a discharge upgrade and pre- ator from Oregon. over litigation for indemnified contrac- sented the medical evidence of both Mr. WYDEN. Mr. President, as the tors in cases where the legal process TBI and PTSD. However, the Discharge Senate works on the Defense bill, it is runs more than 2 years. In doing so, it Review Board considered his medical important to note the shameful squan- will bring the seemingly never-ending evidence to be irrelevant and his peti- dering of taxpayer money by a defense litigation to a timely resolution and tion was denied. contractor accused of willfully expos- save taxpayers from throwing good This Michigander has since experi- ing U.S. soldiers to toxic chemicals money after bad as the process drags enced periods of homelessness and has while they served in Iraq. on and on year after year.

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.086 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3527 The amendment isn’t an attempt to The roots of the space program that we making today. It is an argument about relitigate the decision to indemnify saw in the 1970s and 1980s are being uti- competition, it is an argument about contractors in the first place. What lized today to steer tractors, satellite- costs, and it is an argument about this commonsense amendment seeks to guided equipment, to locate the best what is actually going to fulfill all of do is to make sure that the blank yield in a field through combines that our needs in space and not leave us checks being picked up by taxpayers use global positioning systems and pre- without the capability to meet our na- stop. This is critical because the gov- cision farming data to better their op- tional security space missions. That is ernment has an obligation to ensure erations. Of course, we have these de- the critical part of what we are talking that these legal bills don’t cost the bates today that remind me about about today. Just as those farmers on taxpayers any more than necessary, those conversations. We have debates the Eastern Plains did—they talked and certainly the American taxpayer today over policy about how we are about the best fit for their mission to does not need to be padding the pock- going to see the future of space, how make sure they could plant their crops, ets of the lawyers of the contractors. we are going to see the future of secu- to make sure they could get the crops I want to be clear: The amendment rity, how we are going to see the future out of the field and do it in an afford- does not prejudice the outcome of the of rocket launches in this country. It able manner so they would still be in legal case in any way. It simply en- reminds me of the conversations that I operation the next year despite the sures that when the taxpayers pay the had with those farmers in the Eastern fact that they had historically low bill, the government that represents Plains. commodity prices, just as we are facing the American taxpayer is in control in- My family sells farm equipment a historically tight budget in the U.S. stead of a contractor’s lawyer. It seems today in a little, tiny town out by Kan- Congress. to me that the Senate owes that to the sas. Oftentimes farmers would come in What we are talking about is our na- American taxpayer. and talk about how they would be more tional security. It is not about tractors I urge my colleagues to support this productive this year and what kind of in a field, and it is not about whether amendment when it is considered later equipment they needed to be tailor- we are going to have the right com- in the course of the day. made for their operation, how they bine. This debate is about national se- With that, I yield the floor. could create a farming program with curity space missions. This debate is The PRESIDING OFFICER. The Sen- the farm equipment they would buy in about having the right kind of rocket ator from Colorado. order to have the right type of tractor, to launch a critical mission that might Mr. GARDNER. Mr. President, when the right type of combine, or the right include a satellite on top that is for I was growing up in the Eastern Plains type of tillage equipment to meet the missile launch detection, or perhaps it of Colorado, one of the things I was needs of their operation. is a rocket that is going to put into hoping to do after graduating from col- When they would come in and talk to orbit a device that will listen and pro- lege and entering the workforce was to us about what kind of farm equipment vide opportunities for us to know what work in the space program. I des- best fit their needs, they would look at is happening across the world or across perately wanted to be an engineer—an what price range they had to deal the United States. Maybe it is some- astronaut. I wanted to live that dream with—what was more affordable or less thing that is related to that organiza- that was played on the television when affordable. They would look at the util- tion that I was so desperate to join, the I was growing up and when there were ity of a single piece of equipment. National Aeronautics and Space Ad- movies such as ‘‘The Right Stuff.’’ Could this tractor or combine meet all ministration, NASA. Maybe it is the When I was growing up in the mid- of their needs? Could it harvest corn Dream Chaser from Sierra Nevada Cor- 1980s, the movies they showed idealized and sunflowers? Could it harvest soy- poration, which is attempting to build the world of space exploration. I grew beans? Could it pick sunflower seeds? a vehicle that will be placed on top of up idolizing the astronauts. Could it pick up dried beans? Those are one of the rockets that might be no I can remember as a child writing a the conversations we would have. longer available, should the current letter to the National Aeronautics and What they didn’t do was come in and language of the National Defense Au- Space Administration, or NASA, and say: Hey, I want to buy a piece of thorization Act move forward. basically telling them that I was really equipment that costs 35 percent more We have the same kinds of debates interested in becoming an astronaut than any other piece of equipment and every day in our business, whether you and how I could someday do that. Lit- doesn’t fit the needs of our operation. are a farmer or a car dealer, but this is tle did I know that my mom, all these We sold red farm equipment. There about our security, this is about our years later, kept the response from may have been equipment that some- defense, and this is about our ability to NASA, and the letter had the old body would want to do that with, but provide competition in space, to pro- ‘‘worm’’ NASA logo on top. The re- the fact is this: When they came into vide rockets that compete for business, sponse came with a picture of the most our store, they wanted farm equipment to provide rockets that are cost effec- recent space shuttle mission, which in- that would fit their needs at the right tive for their mission, to provide rock- cluded Sally Ride. Of course we know price and was able to meet the de- ets for this country to meet those crit- Sally Ride, the first female in the mands of all of their operations so they ical missions that we talked about that space shuttle program. I remember how wouldn’t have to use a tractor for this are reliable and have a proven record. excited I was to get that letter back. field and a different tractor for that That is what we are doing today, and Years later, I looked at the actual field or pay for a tractor that costs 35 that is why Senator BILL NELSON of content of the letter and noted that percent more over here and a tractor Florida and I have together worked on they weren’t necessarily quite as kind that didn’t fulfill all of their needs over amendment No. 4509 to make sure when in confirming my aspirations when there. it comes to our ability to reach space, they laid out how difficult it would be When I look at the debates today to reach the orbits that we need to, we to become a rocket scientist—to be- over the National Defense Authoriza- can do it in a cost environment that re- come an aerospace engineer and to go tion Act and how we are handling our flects the reality of budgets today and on and pursue that dream. Lo and be- Nation’s rocket program, the EELV do it in a way that we know can be re- hold, they were right. I ended up pur- programs—the debate that has occu- liable. This amendment will address suing a different direction in college pied this Congress for a number of those concerns by peeling out the lan- and beyond, but I always had great ad- years—I think back to the common guage of the National Defense Author- miration and respect for the men and sense of those farmers on the High ization Act to ensure competition, to women of our space program. Plains of Colorado because what is ensure reliability, to ensure afford- Growing up on the Eastern Plains of common sense on the High Plains is ability, and to assure that those agen- Colorado was a fascinating experience. just plain sense in Washington, DC, and cies such as NASA or perhaps USGS I learned how people ran their busi- that is what we are facing during this and other agencies that are relying on nesses and how today many of our trac- debate over what rockets we are going space more and more have the ability tors and combines rely on the very to allow this country to use in the fu- and capacity to reach the orbits they space programs that I was admiring. ture. That is the argument that we are are trying to reach.

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.087 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3528 CONGRESSIONAL RECORD — SENATE June 7, 2016 The Nelson-Gardner amendment rocket, and it would cost $1.5 billion rity for this country. We can do it with assures competition. That is something more. The fiscally responsible thing to a reliable system at an affordable cost. we have all agreed is critically impor- do is to allow for competition, to allow We talked about competition. The tant as we look to the future of our this rocket to continue to be used, to Nelson-Gardner amendment promotes space and launch programs. This ad- allow this engine to continue to be competition by allowing the Defense dresses the certification of the Evolved used as we transition out of this engine Department to contract for launch Expendable Launch Vehicle, the EELV and in a few years to have a different services with any certified launch vehi- program that I mentioned before, to type of engine and different type of cle until December 2022, allowing com- make sure that a provider can be rocket that they are working on right petition to 2022 and transitioning out awarded a national security launch for now. And in a few years we will have it. of the RD–180 so that we can have more one of these critical missions by using To say that we are going to change and competition in the future. any launch vehicle in its inventory. eliminate competition today, we are The language we have been dis- Why is that important? Because we going to drive up costs by 35 percent, cussing—I believe it is section 1036 or need to make sure that the U.S. Gov- and we are going to turn to a rocket 1037 of the National Defense Authoriza- ernment has the ability to receive the that can’t meet all the orbits, can’t tion Act—eliminates this competition. best value. It is the same conversation meet all our needs, and doesn’t have It puts an end to it by ending the use those farmers were having about what the track record of the Atlas V—that is of these engines and basically taking farm equipment they were going to use the definition of irresponsibility. out the Atlas V rocket. The Atlas V, back home, except this is a critical na- Adding $1.5 billion to $5 billion of again, is the United States’ most cost tional security space mission. cost and also eliminating competition effective and capable launch vehicle. If we prevent this language from is not what I think this place should According to the Congressional Re- being removed or if we don’t allow the stand for. The Senate should stand for search Service, the Atlas V rocket, Nelson-Gardner amendment to move competition. We should achieve what which is powered by the RD–180 engine, forward, then it is going to be very dif- remarkable changes we have seen in has had 68 successful Atlas V launches ficult for us to have that competition. the space program, as more people are since 2000. The Atlas V has never expe- For instance, you are looking at the entering into the rocket market. We rienced a failure. When talking about possibility that a rocket we are using have seen new entrants into rocket competition, cost, reliability, and put- right now known as the Atlas V rocket, launchers—and that is what we are ting a satellite on top of a rocket— which has never failed, would be forced talking about today—to continue the where many times that satellite costs to bid for future rocket missions; that competition, not lessen the competi- more than the rocket itself—we can’t is, United Launch Alliance, which tion by eliminating it, taking offline afford a failure from a fiscal stand- makes the Atlas V rocket right now, models of rockets and then spending $5 point, and we certainly can’t afford a would be forced to bid using more ex- billion more. failure from a security standpoint. pensive Delta forerunners. To be expen- We have already talked about the That is why we need reliability and a sive is one thing, but to cost 35 percent farmer sitting in the field. If he has a proven track record. more than what we already have today combine that could cost 35 percent This debate is complicated. People is missing that common sense that I more but does the same job as the one for years have talked about the Atlas talked about on the High Plains of Col- that cost 35 percent less, which one is V, the Delta IV, and the Falcon 9. Peo- orado. he going to choose? Which one would ple ask: What does it all mean, which This amendment will make sure that his banker want him to choose? The engine do we use, how do we transition, we abide by the request of the U.S. Air American people would want us to go and why did we end up in this position Force, which is concerned that if we with what is proven and what is reli- in the first place? allow the provision of the National De- able. Let’s transition off of it—you There are a lot of people who have fense Authorization Act to move for- bet—but not at an increased cost to our come to the floor on different issues, ward today, that would bar our ability defense of $1.5 billion to $5 billion saying it is not rocket science, but, in- to use certain rocket engines; that if more. deed, today we are talking about rock- the Atlas V, which relies on this rocket To support this amendment and the et science and the need to have an engine, is banned prematurely from rocket competition that this Nation Atlas V rocket that provides competi- DOD’s use, that alternative—which deserves is what is fiscally conserv- tion, reliability, and the opportunity means they would have to use that ative. The pro-competition position en- for the United States to meet our na- Delta IV rocket—would cost an addi- sures that the U.S. Air Force and Na- tional security needs. tional $1.5 to $5 billion more versus tional Aeronautics and Space Adminis- Without the Nelson-Gardner amend- simply relying on the proven and effec- tration will have access to space. It is ment, the underlying language of the tive rocket that we have today. about meeting the needs of those in our National Defense Authorization Act I think everybody in this Chamber Air Force, NASA, and others who have legislates a monopoly. It creates a mo- agrees that we can move to a different said that we need this critical mission. nopoly with the Evolved Expendable rocket than the Atlas V, which relies As General Hyten testified before Launch Vehicle Program, or EELV, be- on the engine prohibited under the act. this Congress, the Department of De- cause only one company would be al- Everybody agrees with that, but what fense will incur additional costs to re- lowed to fairly compete. While we have they don’t agree with is the fact that configure missions to fly on a different all committed to competition and we we would spend $1.5 billion more to rocket—the Delta IV we have been all have said we are going to transition achieve this goal. talking about and the Delta IV away from this rocket engine, we actu- We are going to be debating very Heavy—because the competitor to the ally would be passing legislation that soon an amendment that will add $18 Atlas V doesn’t have a rocket as capa- would create a legislative monopoly. billion and put that money into our de- ble as the Atlas V and can fly to only That is not plain common sense; that fense because people are concerned half of the necessary orbits. is nonsense. that we have a dwindling capacity in In 2015 and 2016, the Air Force and It is important to note that the De- our military to meet the needs around the Defense Department leadership tes- partment of Defense isn’t the one that the globe for U.S. national security tified to the need for additional RD–180 is buying these rocket engines in the needs; that our men and women in uni- engines—that is the engine that we first place. The Department of Defense form don’t have the dollars they need have been talking about that is buys the launch services. The Nelson- to fix the equipment they are relying stripped out of the Atlas V, ending the Gardner amendment would allow upon. Atlas V program—to compete for United Launch Alliance and others to This Chamber is going to be voting launches and to assure that the United compete for missions with the Atlas V. on putting more money into national States doesn’t lose assured access to The ULA is competing with the Atlas defense. Allowing the language that is space, making sure we can get to where V. Others could be competing as well. currently in the bill would bar our abil- we need to go to place a satellite in the If the ULA does not win the competi- ity to use this engine in an existing orbit it needs to be in to provide secu- tion, the Department of Defense will

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.088 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3529 not be using the RD–180 engine. It costs when our security needs are away from the RD–180 engine while en- makes sense to me. growing? suring reliability, access, and main- Promoting this open and fair com- The Nelson-Gardner amendment taining competition. It is by keeping petition to get the best deal for the assures that we have this access be- the Atlas V. taxpayers of this country—to get the cause we know if there is a 21⁄2-year At a Senate Appropriations Com- best deal for national security needs in delay, not only does that prevent us mittee hearing on March 10, NASA Ad- this country—is the fiscally respon- from putting important assets into ministrator Bolden highlighted the sible path forward and allows the DOD space, it will also drive up costs. The need for the Atlas V by stating, ‘‘We to achieve those priorities. It allows space-based infrared system, SBIRS, are counting on ULA being able to get the Air Force to reach the space that warning satellites designed for ballistic the number of engines that will satisfy they need to. It is not just the Air missile detection from anywhere in the requirements for NASA to fly.’’ That is Force; it is the Secretary of Defense, world, particularly countries such as not a congressional staffer making it the Director of National Intelligence, North Korea, would be delayed. The up in the back room of the mail office; the Secretary of the Air Force, Com- Mobile User Objective System and Ad- that is the Administrator of NASA. He mander of the U.S. Space Command, vanced Extremely High Frequency sat- went on to talk about the mission’s im- the Air Force teaching staff, and many ellite systems that are designed to de- pact. He talked about the Dream Chas- others who have testified before this liver vital communications capabilities er, which was recently awarded a cargo Congress in support of continued use of to our armed services around the world resupply services contract. This isn’t the RD–180 rocket engine until a new would both be delayed. pie-in-the-sky kind of stuff; this is a domestic engine is certified for na- According to a letter dated the 23rd company that has already been award- tional security space engines. Com- of May from the Deputy Secretary of ed a cargo resupply service contract to pared to the Delta IV, the Atlas V can Defense, ‘‘losing/delaying the capa- supply the International Space Sta- reach every national security space bility to place position and navigation, tion. communication, missile warning, nu- mission that we need with certified, The Dream Chaser was designed to clear detection, intelligence, surveil- 100-percent reliability from the Atlas fly atop the Atlas V rocket. The lan- lance, and reconnaissance satellites in V. We don’t have that anywhere else. guage in the NDAA would strip this It has been made clear by the Sec- orbit would be significant.’’ ability to use that rocket. Our amend- Challenges to our freedom around the retary of Defense, the Director of Na- ment, the Nelson-Gardner amendment, globe in the Middle East, North Korea, tional Intelligence, the Secretary of would allow us to use the commonsense along with what is happening in South- the Air Force, and the Commander of approach, to use that plain sense that I east Asia and the radicalization occur- Space Command that ensuring Amer- talked about. ring in certain countries mean we can’t ica’s access to space is an issue of na- Michael Griffen, former NASA Ad- afford delay. We can’t afford cost in- ministrator, weighed in on the issue, tional security, as well as protecting creases. It is not just the defense bill. stating: the taxpayers’ dollars that are already It is not just the Secretary of the Air A carefully chosen committee led by How- so scarce in the defense budget. Why Force. It is these agencies that we have would we add an additional $1 billion in ard Mitchell, United States Air Force, Re- also talked about tonight, like NASA. tired, made two key recommendations in the cost by eliminating competition when The Nelson-Gardner amendment sup- we ought to be doing the exact oppo- present matter: 1. Proceed with all delib- ports our civil space missions by ensur- erate speed to develop an American replace- site? ing access and allowing Federal Gov- ment for the Russian RD–180 engine [and we The Nelson-Gardner amendment pro- ernment agencies to contract any cer- agree], and while that development is being motes national security by assuring re- tified launch service provider because carried out, buy all the RD–180s we can to liable access to space that we talked many of those missions that are crit- ensure that there is no gap in U.S. access to about, to make sure that we have a ical to NASA’s success outside of the space for national security payloads. I see no certified launch service available with DOD are designed to fly atop an Atlas reason to alter those recommendations. a proven track record. The Atlas V V rocket. According to the Wall Street We are talking about a hard stop of rocket is one of the most successful Journal, while the underlying NDAA 2022 so that we can replace the rocket rockets in American history. Since language only directly impacts the De- with our own. But in the meantime, 2000, we have had 68 consecutive suc- partment of Defense, the result ‘‘is let’s use some common sense. Let’s cessful launches with zero failures, ac- likely to raise the price of remaining make sure we are saving the taxpayer cording to the Congressional Research NASA missions because massive over- dollars. Let’s make sure we are not Service. That is a 16-year track record. head costs would have to be spread putting an additional cost—pulling $1.5 According to the Department of De- across fewer launches.’’ billion out of our defense budget to fense—and this is important—if Atlas That goes back to the conversation cover something that we can already V restrictions are imposed, certain about buying one piece of equipment, do, when their resources are already missions would sustain up to 21⁄2 years not a separate combine to harvest far too scare. Let’s make sure we have of delay. corn, a separate combine to harvest a reliable platform to reach all of the We have threats emerging around the wheat, a separate combine to pick up orbits we need to, a platform that has globe. This past week I had the oppor- beans. Buy one combine with different had 68 consecutive launches to achieve tunity to visit South Korea. We met attachments, and you can do it all. the mission needs. This is high-risk with General Brooks, and we talked That is what we are trying to do to stuff. I mentioned as a kid growing up about the need this country has in as- make sure that we have the capability in the Eastern Plains of Colorado how suring a denuclearized Korean penin- in the equipment because if there is a fascinated I was with this rocket sula to make sure that North Korea NASA mission and they are placing a science. doesn’t possess the capability to Dream Chaser on top of it, or if you are I believe this body has a responsi- launch a nuclear weapon that could hit placing something to do with the Orion bility to adopt the Nelson-Gardner the mainland of the United States. mission, which is designed to be on top amendment to assure that we can pro- That is not something that can wait of the Atlas V, you are going to drive tect our people fiscally and from a de- year after year because we made a de- up the costs. You have the costs being fense standpoint. So later this week, as cision that costs the taxpayer more driven up by the rocket because there we debate and offer amendment 4509, I and lessens our capacity and capability are higher costs being spread across hope and encourage everyone to do of going into space. fewer agencies. You have a higher cost what is fiscally responsible, to promote In fact, what I heard from General because you have to redesign the Orion competition, to promote access and re- Brooks and from others in South Korea and the Dream Chaser to fit the new liability from the DOD to NASA by is that our intelligence needs and re- rocket. You are going to be delayed, adopting the Nelson-Gardner amend- quirements in North Korea are only in- possibly, because of those changes, and ment. creasing. So why would we decrease it is going to result in higher costs. I yield the floor. competition? Why would we decrease So we have a responsibility to the Mr. MERKLEY. Mr. President, I sug- access to space? Why would we increase American people in how we transition gest the absence of a quorum.

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.093 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3530 CONGRESSIONAL RECORD — SENATE June 7, 2016 The PRESIDING OFFICER. The $6.7 billion in 2013, a close to 600-per- after drug kingpins. However, the U.S. clerk will call the roll. cent increase in the use of taxpayer Sentencing Commission has found that The bill clerk proceeded to call the dollars. they too often apply to every function roll. According to Pew, the Federal prison within a drug organization, from mules Mr. MERKLEY. Mr. President, I ask system uses $1 in $4 spent by the De- and couriers to low-level street offend- unanimous consent that the order for partment of Justice. This is unaccept- ers. By the way, when low-level offend- the quorum call be rescinded. able. ers are arrested and given these man- The PRESIDING OFFICER. Without In fact, in my first meeting with datory minimum sentences, they are objection, it is so ordered. then-Attorney General Eric Holder in simply replaced by other low-level The PRESIDING OFFICER (Mr. his office after I was elected Senator, dealers. The strategy does not work in ROUNDS). The Senator from New Jer- he shared with me how the Bureau of making us safer, but it is costing us so sey. Prisons budget had become so bloated much money. Mr. BOOKER. Mr. President, I rise that he had limited resources to put to- This is contrary to the original vi- today to speak about amendment No. ward other Department of Justice pro- sion of mandatory minimums. They 4083, submitted by a dear friend and re- grams—initiatives such as hiring FBI were created to go after serious drug spected colleague of mine from New officers and support for programs that traffickers and kingpins. The U.S. Sen- Hampshire whom I must in good faith we actually know will make our com- tencing Commission found that manda- disagree with. This amendment in- munities safer. tory minimums are often applied too creases already existing mandatory What is more, these laws did not broadly, set too high, and—what is minimum sentences on offenses related work. They didn’t target those whom worse—that they are unevenly applied. to fentanyl and would not make our they were supposed to target. Manda- In other words, people who can afford communities safer. It would redirect tory minimum sentences weren’t re- lawyers, people who have resources and funds away from the kinds of invest- sponsible for reducing crime. The work means, can fight against those laws, ments we need to truly end the opioid of law enforcement and the utilization and people who cannot afford the best abuse and heroin use epidemic. of data-driven policies are what have defense often are the ones who get Today we face a deadly reality, a done that. A report from the Brennan mandatory minimums. community-shattering reality—an Center found that ‘‘increased incarcer- Who is going to get mandatory mini- opioid epidemic in America. I know ation has been declining in its effec- mums? People on college campuses, what this epidemic is doing to our com- tiveness as a crime control tactic for 30 such as the one I attended, or people in munities. years. Its effect on crime rates since the city I now call home. In my home State of New Jersey, the 1990 has been limited, and has been Understand this: The amendment heroin death rate is more than three non-existent since 2000.’’ that is being proposed reflects the old times the national average. The heroin Experts have found that mandatory strategies that haven’t won the war on minimum sentences have no demon- overdose rate in New Jersey now drugs but, in many cases, have actually strable marginal effect on deterring eclipses that of homicides, suicides, car made things worse, especially by di- crime, and it is also the reason why po- accidents, and AIDS as a leading cause verting so much money into our prison lice leadership across the country are of death. Over the past 10 years, we system and away from strategies in our speaking out against increasing these communities, such as treatment and have lost over 1,500 people under the mandatory minimums. Former New law enforcement, which we know work. age of 30 to heroin overdoses in New York Police Commissioner Bernie What have these laws done? They Jersey alone. Kerik spoke out earlier this year to have caused an 800-percent increase in I know that nationally death rates say: ‘‘The reality is that the federal our Federal prison population over the from prescription opioid overdoses mandatory minimum sentences estab- last 30 years. What have these laws have tripled in the last 20 years. I know lished in the early 1980’s has had little, done? They have imprisoned too many that the opioid epidemic knows no if anything, to do with the various nonviolent Americans for decades for bounds. It crosses geographic lines, state and city violent crime and mur- nonviolent, low-level drug crimes. economic lines, and racial lines. This is der statistics in America.’’ What have these laws done? They an epidemic that is tearing apart fami- I know this. I ran a police depart- have imprisoned people such as Sher- lies, individuals, and communities. ment as a mayor and oversaw the func- man Chester, who with two prior non- This is an American epidemic, but tioning of an incredible group of pro- violent drug arrests was convicted and this amendment is not part of the solu- fessionals. Had we had more resources sentenced to life in prison for a third tion. from the Federal Government—instead nonviolent drug crime. At his sen- First of all, mandatory minimums of going to mandatory minimums—to tencing, Mr. Chester’s judge said: ‘‘This themselves have proven to be ineffec- actually hire more police officers, to man doesn’t deserve a life sentence, tive in making us a safer Nation and put more of them in the streets, had we and there is no way that I can legally stopping the drug war. had more resources for drug treatment, keep from giving it to him.’’ Secondly, this amendment and ones had we had more resources for doing What have these laws done? They like it will divert critical resources things such as reentry programs, we have imprisoned mothers such as Alice that could be, that should be, that could have better fought crime, rather Johnson, who, after losing her job and must be invested in real solutions, in than wasting more money on ineffec- filing for bankruptcy, began to asso- supporting preventive and education tive mandatory minimum sentences. ciate with people involved in drug deal- efforts, in supporting law enforcement, Since 1990, as the onslaught of these ing. She was arrested for her participa- in supporting treatment programs. mandatory minimums have come, ille- tion in transporting drugs as a go-be- We have seen a rush like this toward gal drug use in the U.S. has actually tween. When 10 of her coconspirators mandatory minimums before. In the increased. testified against her for reduced 1980s and 1990s, we piled on mandatory To pay for the overincarceration ex- charges, she was sentenced to life in minimum sentences and ‘‘three strikes plosion, Congress has increased spend- prison without parole for 25 years for and you’re out’’ laws in response to the ing on Federal prisons by 45 percent that nonviolent drug crime. growing drug problem in the United since 1998. But over that same period, What have these laws done? They States, but these laws did not prevent Congress has cut spending on State and have imprisoned people like Dicky this epidemic. It didn’t work then, and local law enforcement by 76 percent. In Jackson, a father who was so desperate there is no reason to expect it to work fiscal year 2015, the Federal Govern- to save his 2-year-old child who needed now. ment spent over $2.3 billion a bone marrow transplant that, after What did the war on drugs do? Well, warehousing people who received exhausting his options—including com- it increased our Federal prison popu- lengthened mandatory minimums, and munity fundraisers—he began trans- lation by 800 percent since 1980 alone. that is money that could be invested porting meth in his truck. A year into The laws ended up increasing the elsewhere. his work, he was arrested for selling a costs in our Federal prison system Mandatory minimums, if we remem- half pound of meth to an undercover of- from $970 million annually in 1980 to ber our history, were created to go ficer. He was found guilty of possession

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.094 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3531 with intent to distribute and was given Earlier this year, the Senate passed and Corrections Act, which would take three life sentences without parole. the Comprehensive Addiction and Re- meaningful steps toward undoing so The Federal prosecutor assigned to covery Act of 2015, also known as much of the damage these failed poli- Mr. Jackson’s case remarked: ‘‘I saw CARA. It is a bipartisan bill that would cies have caused over the past decades. no indication that Mr. Jackson was allow the Attorney General to award That bipartisan criminal justice re- violent, that he was any sort of large- grants to address the opioid epidemic form legislation, which worked scale narcotics trafficker, or that he and expand prevention and education through regular order and would re- committed his crimes for any reason efforts. duce mandatory minimum penalties other than to get money to care for his I was pleased to cosponsor that bill, and give judges more discretion at sen- gravely ill child.’’ but unfortunately the amendment that tencing, has been pending on the Sen- What these laws have done is make would have provided funding for the ate floor for over 7 months now with- sure that these nonviolent offenders programs and grants in this bill failed out Senate action. and too many more like them will die to pass. The bill that went forward had The bill followed regular order. It in prison for their crimes—taking the right intentions, but an unwilling- moved through a hearing and a mark- money from our communities and im- ness in this body to provide robust up. It took in testimony from dozens of prisoning people into their fifties, six- funding means that it simply won’t ad- experts and organizations. It was ad- ties, and seventies for nonviolent dress the epidemic adequately. That is justed and amended with input from crimes. They are redirecting taxpayer what is frustrating to me. The Mem- law enforcement officers, attorneys dollars from strategies in our neighbor- bers of this body who refused to in- general, prosecutors, civil rights lead- hoods, in our cities, and in commu- crease funding for preventive and ers, and local elected leaders. It passed nities that we know work and will ac- treatment measures through CARA out of the committee. It was then, be- tually get to the problem of drug now want to divert taxpayer resources cause of input from other Republican abuse. Our system hasn’t empowered towards putting people in jail for Senators, changed again and modified. people. It hasn’t empowered them to longer and longer sentences for low- Now, this baked bill is fully ready for a vote on the floor. If given that vote, it deal with addictions. It hasn’t empow- level, nonviolent crimes. That makes would most likely get a super majority ered them to deal with mental health no sense—to spend millions of more challenges. Our system, as it stands, in this body. dollars to lock up low-level offenders But today, instead of moving forward hasn’t empowered us to do the things and starve the programs that local on that bipartisan, compromise piece we know make us safer. leaders all over this country are asking of legislation—which would start to fix This has been punishment without for, such as treatment, education, and the failed drug policies of the 1980s and proportionality, retribution without local law enforcement. 1990s, which would save us money, reason, and a gross taxpayer expense If properly funded, CARA would ex- which would help us right past wrongs, that takes away money that could be pand prevention initiatives, would ex- which would create resources through invested in public safety and our com- pand education efforts, and would curb its savings that could be used for the munity well-being. abuse and addiction, hitting our Na- Comprehensive Addiction and Recov- If the failed war on drugs, the Anti- tion’s problem at its heart—at its de- ery Act—we are now considering an Drug Abuse Act of 1986, and the Violent mand—and helping addicts with what amendment that would actually build Crime Control and Law Enforcement they need—treatment, not more jail. It on the mistakes of the past and divert Act of 1984 have taught us anything, it would expand the availability of money from the solutions we know is that locking more people up for naloxone to law enforcement. It would work today. longer and longer sentences for low- increase resources to identify and treat So again I say that I am frustrated, I level drug crimes at the expense of bil- incarcerated Americans suffering from am angry, and I am beginning to grow lions and billions of taxpayer dollars drug addiction. It would increase dis- disheartened by the current state of af- does not curb drug use and abuse. posal sites for unwanted prescription fairs. The amendment being proposed These laws didn’t work then. Why are medications and would promote best and its potential consequences are we proposing new ones now? practices for evidence-based opioid and what a growing consensus in the Sen- There is a different way. More man- heroin treatment and prevention all ate from both sides of the aisle and es- datory minimum sentences won’t im- over our country. pecially thoughtful leaders around the pact the fentanyl opioid problem. The This bipartisan bill had wisdom in it. country from all sides of the political mandatory minimums being proposed It was sensible, commonsense, and spectrum—this is exactly what we have for low-level drug offense are not going based on evidence-based strategies. been fighting against. My frustration is to accomplish what the amendment But now, here we are, not talking that instead of looking to take a step supporters hope it will. It is a facade about investing in what we know will forward with the current bipartisan that makes people feel like they are work but suggesting that we do things legislation, we are looking to take a doing something about the problem, that have proven over the last two dec- step back into the mistakes of the 1980s but they are not making a difference. ades not only not to work but to drain and 1990s. Instead of learning from the What they will do is throw more tax- taxpayer dollars and to do more harm. mistakes of the past, we are damning payer dollars at our Bureau of Prisons, We are considering an amendment that ourselves to make them again. expanding that bureaucracy and drain- would use taxpayer resources not to do Since arriving in the Senate 21⁄2 years ing money—taxpayers’ money—from the things I just listed that are under- ago, I have been encouraged by the mo- solutions that we know will work. funded right now but would spend mentum building around this com- What is stunning to me, what is actu- money on incarcerating low-level drug prehensive criminal justice reform leg- ally deeply frustrating to me is that we offenders because of unwise increases islation. I felt encouraged that hope have two pieces of bipartisan legisla- of mandatory minimum sentences. has been dawning. It has been one of tion, one that has passed without The fact is the opioid epidemic is not my more affirming experiences as a enough funding and one that has yet to a problem we can jail our way out of. public leader. During the 21⁄2 years I be brought up for a vote that would ad- We already have mandatory minimum have been in the Senate, many of my dress this epidemic and the broken sentences in place for heroin and colleagues on both sides of the aisle criminal justice system. fentanyl offenses, and they haven’t have been negotiating over this issue Instead of turning to bipartisan legis- done what they were created to do—to in good faith, and actually for a time lation that is going through regular prevent an epidemic such as this from even before I was here they were work- order and investing in strategies that occurring. What this amendment does ing hard on criminal justice reform. this body, in a bipartisan fashion, has is to double down on that failing strat- This comprehensive criminal justice agreed with near unanimity would egy. reform bill would address so many of work, we are now considering an In fact, for over a year, Senate Judi- the issues that have been agreed to on amendment that would spend more ciary Committee members on both both sides of the aisle. It would address money on imprisoning low-level offend- sides of the aisle have worked on a system that does not make our com- ers for longer and longer sentences. crafting a bill, the Sentencing Reform munities safer but instead wastes the

VerDate Sep 11 2014 07:14 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.095 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3532 CONGRESSIONAL RECORD — SENATE June 7, 2016 potential of millions of Americans and mandatory minimum sentences for rus calling for reform across the polit- drains billions, trillions of taxpayer re- drug offenders. It would also more ef- ical spectrum. Everyone from Repub- sources over time. fectively target these mandatory mini- lican candidates for President to con- What we have in the Senate is amaz- mums toward high-level drug traf- servative groups, such as Koch Indus- ing. It has been incredible to see. We fickers and violent criminals. Federal tries and Americans for Tax Reform, have Senators as different from each drug laws were meant to go after these have come out in support of criminal other on the political pole as Senator kingpins, and this legislation leaves justice reform and this bill. That is LEAHY and Senator GRASSLEY, with important tools in place that allow why some Republicans like Grover other Democrats and Republicans, prosecutors to go after them. Norquist and George Martin have writ- from the most liberal to the most con- Also, contrary to what the few oppo- ten: servative in this body, coming together nents of this bill argue, the bill would to craft a measured bill that would Some Republicans who have not focused on not open the floodgates and permit vio- our successes in the states think we are still begin to fix our deeply broken criminal lent offenders to be let out of prison living back in the 1980s and also believe that justice system. This result, the Sen- early; rather, each case must go in ‘‘lock them up’’ is a smart political war cry. tencing Reform and Corrections Act, front of a Federal judge, where the . . . Wasting money is not a way to dem- would enable prosecutors and judges to prosecutor will be present, for that onstrate how much you care about an issue. maintain critical tools for prosecuting independent judicial review. That is why people like Marc Levin, violent offenders and high-level drug Experts from the National Academy the founder of Right on Crime, have traffickers while reducing mandatory of Sciences to the National Research shared that ‘‘the recent successes of minimums and life-without-parole sen- Council have found that lengthy prison many states in reducing crime, impris- tences for nonviolent drug offenders. sentences have a minimal impact on In addition, the bill actually includes onment, and costs through reforms crime prevention. grounded in research and conservative a provision related to fentanyl—not The profound thing about this bill is one that I necessarily believe in or be- principles provide a blueprint for re- that it is not breaking new ground. form—at the Federal level.’’ lieve is most effective, but it was in- This is now becoming common knowl- Former Governor Mike Huckabee cluded in the bill as a compromise edge around the States. In fact, it is said: measure. being followed and led by many red This critical piece of legislation has States in our Nation. In fact, States I believe in law and order. I also believe in the support of dozens of civil rights have shown that we can reduce the using facts, rather than fear, when creating groups and faith groups, Christian policy. And, I believe in fiscal responsibility. prison population, save taxpayers mil- evangelicals and law enforcement and Right now, our criminal justice system is lions and billions of dollars, and also prosecutor groups, including well-re- failing us in all three camps. reduce crime. Texas, for instance, be- spected organizations such as the tween 2007 and 2012, reduced its incar- Republicans and Democrats from Major County Sheriffs’ Association, ceration rate by 9 percent and saw its across the political spectrum have the International Association of Chiefs total crime drop by 16 percent. If come together because they realize our of Police, and the National District At- Texas—a State known for law and failures to fix this system have simply torneys Association. From law enforce- cost us too much already. Everyone ment to faith-based leaders, civil order and being tough on crime—can enact sweeping measures to reform its knows that the first rule of holes is rights activists, and fiscal conservative that when you find yourself in one, organizations, so many have come to- criminal justice system, so can we at the Federal level. That is why I am stop digging. That is why this amend- gether and are being led in many cases ment is so frustrating—because it by law enforcement officials because proud that one of the sponsors of the bill is the Republican Whip from Texas, seeks to dig us deeper into a hole. Look they know this bill is actually smart at the financial costs we are already public safety policy. This bill has the Senator CORNYN. But there are other States—Cali- paying. In 2012, the average American support of law enforcement leaders, in- taxpayer was contributing hundreds of cluding former President George fornia, Connecticut, Delaware, Georgia, Maryland, Michigan, Nevada, Massa- dollars a year to corrections expendi- Bush’s U.S. Attorney General, Michael tures, including the incarceration and Mukasey; former FBI Director Louie chusetts, North Carolina, South Caro- lina, Utah, and New Jersey. All these monitoring and rehabilitation of pris- Freeh; and the U.S. Department of Jus- oners. tice. States have lowered their prison popu- A report from the Center of Eco- In a letter to Senate leadership, lations through commonsense reforms former U.S. Attorney Michael and—surprise, surprise—have seen nomic Policy Research concluded that Mukasey, with former Director Bill crime drop. These States have enacted in 2008 alone, formerly incarcerated Sessions and dozens of former Federal reforms because it is good for public people’s employment losses—keeping judges and U.S. attorneys, shared what safety and it saves needed taxpayer people in for decades and decades—cost they believe the Sentencing Reform dollars that can be reinvested in public our economy the equivalent of 1.5 to 1.7 and Corrections Act can do. They said safety strategies that actually make us million workers or $57 billion to $65 bil- it ‘‘is good for Federal law enforcement safer. Remember, these are Repub- lion annually. And it is estimated that and public safety. It will more effec- lican-led States and Democratic-led the U.S. poverty rate between 1980 and tively ensure that justice shall be States, Governors from the right and 2004 would have been 20 percent lower if done.’’ the left. it had not been for all this mass incar- Groups like Law Enforcement Lead- There is a great conservative organi- ceration. This is a lot of money we are ers to Reduce Crime and Incarceration, zation called Right on Crime. This is spending keeping people behind bars— which represent more than 160 current what they had to say about public safe- nonviolent offenders—and it is taking a and former police chiefs, U.S. attor- ty and criminal justice reform: significant financial toll in our coun- neys, and district attorneys, have spo- Taxpayers know that public safety is the try. We could be investing this money ken out in support of this bill, arguing: core function of government, and they are better. This is a unique moment of rare bipartisan willing to pay what it takes to keep commu- By passing this bipartisan Sen- consensus on the urgent need for criminal nities safe. In return for their tax dollars, tencing Reform and Corrections Act, citizens are entitled to a system that works. justice reform. As law enforcement leaders, the CBO told us that this one bill alone we want to make it clear where we stand: When governments spend money ineffi- ciently and do not obtain crime reductions that takes modest steps toward crimi- Not only is passing Federal mandatory min- nal justice reform will save an esti- imum reform necessary to reduce incarcer- commensurate with the amount of money ation, it is also necessary to help law en- being spent, they do taxpayers a grave dis- mated $318 million in reduced prison forcement continue to keep crime at historic service. costs over the next 5 years and $722 lows across the country. We urge Congress to It is worth repeating that line: ‘‘Citi- million over the next 10 years. Doing pass the Sentencing Reform and Corrections zens are entitled to a system that the right thing creates savings that we Act. works.’’ can then invest in strategies to make Contrary to what the few opponents You see, this is not a partisan issue; ourselves safer or give back to the tax- argue, this act would preserve certain it is an American issue. There is a cho- payers.

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.097 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3533 Please understand that we have paid fects an estimated 14.5 percent of men time in the Senate. Many of my col- dearly for our mistakes. For example, and 31 percent of all the women in our leagues have been working on this from 1990 to 2005, a new prison opened jails. Between 25 and 40 percent of all issue longer. I have been so encouraged every 10 days in the United States, mentally ill Americans will be jailed or that literally my first policy conversa- making us the global leader in this in- incarcerated at some point in their tion on the Senate floor right after frastructure investment. A new prison lives, and 65 percent of all American in- being sworn in right there by the Vice opened every 10 days in the United mates meet the medical criteria for the President of the United States—I States to keep up with the massive ex- disease of addiction, many of them not walked back toward the back of the plosion in incarcerations. Imagine the getting the treatment they need but room and was met by colleagues who roads and bridges and railways we just getting more incarceration. talked to me about this issue. I am so could have been investing in during Today we live in a country where in glad there is this growing consensus, that time. As our infrastructure has many ways the words of Bryan Steven- but I am frustrated that an amendment been crumbling over the last three dec- son are also true. This idea of equal is potentially coming to the floor that ades, the one area of infrastructure justice under the law is challenged by takes us backward while so much work that has been ballooning was gleaming the facts of our criminal justice sys- has gone on to move this body ahead. new prisons to actually incarcerate tem. As Bryan Stevenson said, we live I have come to believe in this body. I overwhelmingly nonviolent offenders. in a nation where you get treated bet- worked hard to become a Member of Imagine the investments we could have ter if you are rich and guilty than if the Senate because I believe in the made in lifesaving research, innovative you are poor and innocent. Over 80 per- Senate and the power of this institu- technologies, science and math fund- cent of Americans who are charged tion to do great things. In fact, it is ing. Instead, we extended mandatory with felonies are poor and deemed indi- the result of the great good of this minimums again and again and again gent by our court system. body and the labor and struggles of so for low-level drug offenders. Our criminal justice system doesn’t many Americans that I am even here The United States must be the leader disproportionately affect just the men- in the first place, so many Americans around the globe for liberty and jus- tally ill, the addicted, and the poor; it fighting for issues that this body tice. Unfortunately, the United States also disproportionately impacts people helped to change. From equal housing now leads the world in a vastly more of color. We know that there is no rights, to voting rights, to civil rights, dubious distinction: the number of peo- deeper proclivity to commit drug this body has made us a fairer and ple we incarcerate. We only have 5 per- crimes among people of color, but there more just Nation. This body has made cent of the world population—only 5 is a much deeper reality that the drug our country the shining light on planet percent—but one out of four impris- laws affect people of color in a dif- Earth for liberty and justice. This oned people on planet Earth is here in ferent way. For example, Blacks and body, with so many committed Ameri- the United States. Again, the majority Whites have no difference in using or cans through so many generations, has of those people are nonviolent offend- selling drugs. There is no statistical so much to be proud of. ers. The U.S. incarceration rate is 5 to difference. In fact, right now in Amer- I am so encouraged by colleagues on 10 times that of many of our peer coun- ica, some studies are showing that both sides of the aisle, that despite the tries. young White men have a slightly high- partisanship and cynicism this body The financial cost, the dollars wast- er rate of dealing drugs than young often generates, we have found com- ed, are only part of the story, though. Black men. But Blacks are 3.6 times mon ground to advance the common We are actually paying for our sys- more likely to get arrested for selling good around our criminal justice sys- tem’s failures in innumerable ways. drugs. Latinos are 28 percent more tem. We have a crisis in that system, The hidden financial costs of our bro- likely than Whites to receive a manda- but I am proud there is movement to ken prison system mirror the hidden tory minimum penalty for Federal of- address that. social costs that befall families of fenses punished by such penalties. A I urge my colleagues to consider the those incarcerated, with 1 in 28 Amer- 2011 report found that more than any profound potential we have to advance ican children—or 3.6 percent of Amer- other group, Latinos in America were our Nation, to deal with the opioid cri- ican kids—growing up with a parent convicted at a higher rate of offenses sis, the drug crisis, and the crime crisis behind bars. Just 25 years ago, it was 1 that carried a mandatory minimum with smart and effective policies that in 125 American children. I recently sentence. And Blacks are also 21 per- have proven to work already at the saw that ‘‘Sesame Street’’ has started cent more likely to receive a manda- State level. programming specifically aimed at tory minimum sentence than Whites I urge my colleagues to resist the se- helping kids with parents in prison be- facing similar charges. Black men are ductive temptation to claim to be cause there are now so many of them. given sentences about 20 percent longer tough on crime when in reality we are Over half of imprisoned parents were than White men for similar crimes. just wasting taxpayer dollars on a the primary earners for their children And Native Americans are grossly failed fiction that obscures the true ur- prior to their incarceration. What is overrepresented in our criminal justice gency of the day. more, a child with an incarcerated fa- system, with an incarceration rate 38 Finally, I urge the leadership of this ther is more likely to be suspended percent higher than the national aver- body to not let this amendment reflect- from school than a peer without an in- age. ing failed policy of the past to the floor carcerated father—23 percent compared Because minorities are more likely and instead move to bring forward a bi- to 4 percent. to be arrested for drug crimes even partisan, widely supported bill that Our rush to incarcerate as a response though the rates are not different in will address the current crisis. We can to many of our societal problems has usage of drugs or selling of drugs, they no longer hesitate or equivocate, and now created a stunning distinction. Ac- are more—disproportionately—likely, we can definitely not afford to retreat. cording to a new report from the Cen- therefore, to lose their voting rights, Wasting more time is not the answer. ter for American Progress, close to half thus resulting in stunning statistics. The time is now, and, I confess, I am of all children in America are growing Today, 1 in 13 Black Americans is pre- losing patience. up with a parent with a criminal vented from voting because of felony While I am encouraged by leaders record. disenfranchisement. Black citizens are like the chairman of the Judiciary Our system often entraps the most four times more likely to have their Committee and the ranking member of vulnerable Americans. We are voting rights revoked than someone that committee, while I am encouraged entrapping people who often are in who is White. by the fact that the majority whip and need of incarceration but treatment Those are statistics befitting a dif- the Democratic Whip are on this bill, and medical help, putting those vulner- ferent era in American history, but un- while I am encouraged by the fact that able populations in jail for longer and fortunately they reflect our current likely a supermajority of support ex- longer periods. In fact, now many of circumstances. ists for this bill, I am growing impa- our prisons serve as warehouses for the So here we find ourselves. I have been tient that it has not come to a vote mentally ill. Serious mental illness af- talking about this issue for my entire yet. There is nothing as painful as a

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.098 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3534 CONGRESSIONAL RECORD — SENATE June 7, 2016 blockage at the heart of justice, block- datory quorum calls with respect to ROTC serves as a vital introduction ing the flow of reason, of common- the cloture motions be waived. to life and a career in the military for sense, fairness, and urgently needed The PRESIDING OFFICER. Without America’s young men and women. Sup- progress. objection, it is so ordered. porting our Armed Forces means sup- But the pain and frustration I might f porting ROTC programs at institutions feel is minimal compared to those who MORNING BUSINESS across the country. ROTC creates are suffering under the brunt of a bro- Mr. MCCONNELL. Mr. President, I America’s next generation of leaders, ken system. We cannot be deaf to the ask unanimous consent that the Sen- in the Armed Forces, and in American cries for justice of families and chil- ate be in a period of morning business, life. dren, those suffering addictions, those with Senators permitted to speak I know my colleagues join me in suffering from mental illness, and therein for up to 10 minutes each. commemorating the 100th anniversary those whose families have been torn The PRESIDING OFFICER. Without of the creation of our military’s ROTC apart by such misfortunes. We cannot objection, it is so ordered. be mute or silent in the face of injus- and in thanking the hundreds of thou- f tice, those of us who are elected to sands of brave cadets who have success- serve all Americans. 100TH ANNIVERSARY OF THE RE- fully completed the challenges of the At the beginning of each day, we SERVE OFFICERS’ TRAINING program and gone on to become offi- swear an oath in this body. We pledge CORPS cers. We are certainly grateful for their allegiance to those ideals of liberty and Mr. MCCONNELL. Mr. President, I service and their sacrifice. Without justice. Let us now act so we do not be- wish to commemorate the 100th anni- ROTC, our Nation’s military would not tray the moral standing of our Nation. versary of the Reserve Officers’ Train- be the superior fighting force that is I urge the Senate leadership to bring ing Corps, or ROTC, the Nation’s train- today. I am proud that Kentucky plays the Sentencing Reform and Corrections ing program for commissioned officers a significant role in the training of Act for a vote. The time is right now to of the U.S. Armed Forces. Founded in ROTC cadets. do what is right now. 1916, ROTC prepares young adults to be Mr. President, I yield the floor. leaders in our Nation’s Army, Navy, f The PRESIDING OFFICER. The ma- Air Force, and Marines. ROTC cadets jority leader. commit to serving their country in FRANK R. LAUTENBERG CHEMICAL CLOTURE MOTION uniform after college graduation in ex- SAFETY FOR THE 21ST CENTURY Mr. MCCONNELL. Mr. President, I change for ROTC assisting with costs ACT send a cloture motion to the desk for associated with their college edu- the Reed amendment No. 4549. Mr. LEAHY. Mr. President, the Sen- The PRESIDING OFFICER. The clo- cation. Although military training took ate’s final passage today of the bipar- ture motion having been presented place at civilian colleges and univer- tisan Frank R. Lautenberg Chemical under rule XXII, the Chair directs the sities in the 19th century, it was not Safety for the 21st Century Act, after 3 clerk to read the motion. until the National Defense Act of 1916, years of difficult negotiations, reflects The legislative clerk read as follows: the true nature of compromise. I am CLOTURE MOTION signed by President Woodrow Wilson, that this training was consolidated glad that we have finally come to an We, the undersigned Senators, in accord- agreement to update our country’s in- ance with the provisions of rule XXII of the under a single entity: the Reserve Offi- Standing Rules of the Senate, do hereby cers’ Training Corps. ROTC is the larg- effective and outdated chemical regu- move to bring to a close debate on the Reed est officer-producing organization latory program. While this is not a per- amendment No. 4549 to the McCain amend- within the U.S. military. fect bill, I believe that it goes a long ment No. 4229 to S. 2943, the National De- In 100 years of history, ROTC has way towards protecting American fam- fense Authorization Act. commissioned more than 1 million ilies from dangerous chemicals and Harry Reid, Jack Reed, Richard J. Dur- military officers. The U.S. Army ROTC serves as a fitting tribute to Senator bin, Michael F. Bennet, Charles E. program started in 1916 with just 46 ini- Lautenberg, who was a tireless public Schumer, Patty Murray, Richard health advocate. Blumenthal, Jeff Merkley, Jeanne Sha- tial programs, and today it has com- heen, Al Franken, Gary C. Peters, Bill missioned more than 600,000 officers at This legislation overhauls the 40- Nelson, Barbara Boxer, Robert Menen- almost 1,000 schools across the Nation, year-old, outdated Toxic Substances dez, Sheldon Whitehouse, Amy Klo- with a presence in every State, as well Control Act and will bring more than buchar, Barbara A. Mikulski. as Guam and Puerto Rico. 64,000 chemicals under the review of CLOTURE MOTION In 2016, Army ROTC has an enroll- the U.S. Environmental Protection Mr. MCCONNELL. Mr. President, I ment of more than 30,000 and produces Agency, EPA. Under the old law, the send a cloture motion to the desk for over 70 percent of the second lieuten- EPA was required to approve chemicals the McCain amendment No. 4229. ants who join the Army, Army Na- using a burdensome and ineffective The PRESIDING OFFICER. The clo- tional Guard, and U.S. Army Reserve. economic cost-benefit analysis, but ture motion having been presented Army ROTC is one of the most de- this reform bill will require the EPA to under rule XXII, the Chair directs the manding and strenuous leadership make a decision based solely? on clerk to read the motion. training programs a young person can The legislative clerk read as follows: health and safety concerns. Addition- choose today. ROTC training molded ally, the Lautenberg act gives the EPA CLOTURE MOTION and shaped six Chiefs of Staff of the enhanced authority to require testing We, the undersigned Senators, in accord- Army, two Chairmen of the Joint of both new and existing chemicals, re- ance with the provisions of rule XXII of the Chiefs of Staff, a current Supreme quiring safety reviews for all chemicals Standing Rules of the Senate, do hereby Court Justice, the current Governor of move to bring to a close debate on the in active commerce and a safety find- Kentucky, as well as countless other McCain amendment No. 4229 to S. 2943, an ing for new chemicals before they are leaders in government, business, act to authorize appropriations for fiscal allowed on the market. year 2017 for military activities of the De- science, sports, and the arts. partment of Defense, for military construc- For decades, Army ROTC has con- The House bill originally included a tion, and for defense activities of the Depart- ducted summer training for many ca- provision preempting State authority ment of Energy, to prescribe military per- dets at Fort Knox, KY. In 2013, I was to regulate specific chemicals. State sonnel strengths for such fiscal year, and for pleased to help Army ROTC get an preemption is a significant concern for other purposes. ROTC training program called the Vermont, especially with the discovery John McCain, John Cornyn, Marco of perfluorooctanoic acid, PFOA, con- Rubio, Roger F. Wicker, Richard Burr, Cadet Leader Course relocated to Fort James M. Inhofe, Pat Roberts, Tom Knox as well. More than 6,000 cadets taminated water in the communities of Cotton, Thom Tillis, Roy Blunt, Shel- attend that particular leadership North Bennington and Pownal. Unfor- ley Moore Capito, Dan Sullivan, course at Fort Knox every year since tunately, due to shortcomings in the Lindsey Graham, Lisa Murkowski, the installation began hosting the pro- 1976 Toxic Substances Control Act, David Vitter, Mitch McConnell. gram in 2014. In all, over 10,000 cadets PFOA was one of many chemicals that Mr. MCCONNELL. Mr. President, I attend various summer training had been presumed safe without any re- ask unanimous consent that the man- courses each year at Fort Knox. quirement for testing or review. While

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