[Congressional Record Volume 161, Number 45 (Tuesday, March 17, 2015)]
[Senate]
[Pages S1565-S1575]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
JUSTICE FOR VICTIMS OF TRAFFICKING ACT OF 2015--Continued
The PRESIDING OFFICER. The Senator from Michigan.
Ms. STABENOW. Thank you, Mr. President.
First, let me say Happy St. Patrick's Day to all my friends and
family and colleagues in the Senate.
(The remarks of Ms. Stabenow pertaining to the introduction of S. 758
are printed in today's Record under ``Statements on Introduced Bills
and Joint Resolutions.'')
Ms. STABENOW. I yield the floor.
Mr. CORNYN. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The senior assistant legislative clerk proceeded to call the roll.
Mr. GARDNER. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Future Of Colorado And America
Mr. GARDNER. Mr. President, in 1893 Katharine Lee Bates made her way
up the slopes of Pikes Peak and first wrote the words to one of
America's greatest patriotic hymns, poeticizing ``purple mountain
majesties'' and ``amber waves of grain.''
One hundred years ago, Enos Mills helped preserve ``mountain scenes
of exceptional beauty and grandeur,'' giving to the country the crown
jewel of American splendor, Rocky Mountain National Park.
For over a century, visionaries such as John Iliff helped to settle
the high plains of Colorado, described by Ian Frazier as a ``heroic
place,'' an expanse of splendid isolation with unparalleled sense of
space and generations of pioneers.
This is Colorado. From west to east and north to south, the beauty,
heritage, and vitality of Colorado calls and beckons across our Nation
and the world to those looking and longing for a place to call home, to
live and work, to visit and vacation.
Our love for Colorado drives us to be better stewards of the land, to
reach for solutions to great challenges, and to find optimism in every
vale and valley. For generations, we have challenged our sons and
daughters to always look up--look up to that great
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Rocky Mountain horizon--as our ever-young State and our ever-hopeful
attitude live peak to peak--the honor of living in the west, a land of
opportunity and new beginnings.
It is this constant drive for a better future for our great State and
Nation that leads me to the floor of the Senate to speak for the first
time, where my duties as Colorado's newest Senator begin, walking in
the footsteps of Colorado's first Senators, Jerome Chaffee and Henry
Teller, and alongside my colleague Senator Michael Bennet. It is an
incredible and heavy obligation to fulfill to well and faithfully
discharge the duties of the office, defending our Constitution with
faith and allegiance to the rights we cherish, but an obligation and
duty every person in Colorado expects us not just to fulfill but to
excel at--from Beecher Island to the Book Cliffs, from Fisher's Peak to
the Pawnee. Somewhere in between is my hometown of Yuma, home to hardy
pioneers that have seen the high plains through great success and
record harvests, depression and dust bowls, drought and tragedy. Yet
through it all, the good times and challenges, it is still called home
by generations who would live nowhere else.
It is here in this little eastern plains town, weatherworn and always
thirsty, that Jaime and I are raising our children, Alyson, Thatcher,
and Caitlyn, in a home that once belonged to their great-great-
grandparents and are surrounded in town by family, Lala and Papa,
great-grandparents, and more.
No matter where across Colorado's four corners you live or across
this great Nation, we all hope for the same thing for our children--to
live in a loving community that values every citizen, where they learn
the value of hard work and perseverance, where hard work is met with
merited reward, and that they find a Nation of liberty and freedom that
they help make a little more free and a little more perfect to carry on
the tradition of our Founding Fathers, always endeavoring to be better
tomorrow than they are today.
Our Nation has always understood that this endeavor is not something
that is just passed on, hoping someone else does the work for us. It is
something we ourselves have to fight for today. We are responsible for
the starting point we hand to the next generation, and we have a moral
obligation to make it the best point possible, always advancing.
To accomplish this I have laid out a Four Corners plan representing
all areas of Colorado and those issues that matter most to the people
of this country: growing our economy and getting this Nation back to
work in the kinds of jobs with the kind of salary that allows people to
achieve their dreams, to develop North American energy security while
enhancing the protection and appreciation of our environment, and
making sure that we give our children the tools they need to succeed in
a world growing both in its complexity and its interconnectedness.
In rural America we must work not only to keep the generations of
families who grew up there on the farm and ranch but to find new ways
to bring new families back to the farms, ranches, and small towns
throughout our great State. We must revitalize Main Streets that are
slowly losing their place as the heart and soul of the community--
boarded up and forgotten. To do this I will introduce legislation that
will help provide ways to infuse new investments and life into our
rural communities, called the Rural Philanthropy Act. It will help
struggling businesses to find new private sector partners to serve
their community, whether it is a smalltown newspaper or a local
clothing store. It will help grow jobs and create more opportunities
for startups and innovation.
We must look to reimagine burdensome rules and regulations that tie
the hands of people who want to start a business by revitalizing Main
Street and breathing new life into a tired city block. Doing good
things shouldn't be so difficult, and we need a government that
recognizes this.
Colorado's economy will also benefit from value-added trade
opportunities with the passage of new trade agreements opening up new
markets and eliminating barriers to growing markets. I will work to
ensure that small businesses have the resources they need to
participate in trade, making sure the benefit of new markets doesn't
just stop at the biggest corporations.
Through my First in Space Initiative, we will focus on policies that
promote and grow Colorado's leading aerospace economies, launching new
jobs in space, engineering, and aeronautics.
A healthy economy means that everyone benefits--not just those who
already have found success. That is why I will work to expand the
earned-income tax credit. By eliminating the waste, fraud, and abuse
all too common within the EITC, we can save billions of dollars and
then use that money to expand the credit, making a program that has
already lifted millions of people out of poverty to do even more good
for people throughout Colorado and in our urban centers. Measuring a
successful economy shouldn't simply be a matter of looking to see
whether the haves have more but about what policies we have put in
place to actually help the poor lift themselves out of poverty.
We are living in a veneered economy. While the numbers on Wall Street
look good and profits are looking up, scratch the surface and too many
people continue to suffer, endlessly searching for jobs they
desperately need and earning the kinds of salary they need to help
achieve their family's goals. While parts of Colorado may be
succeeding, others are struggling. True success means that every part
of our State's economy flourishes.
Thanks to our State's energy economy, parts of the State that seem to
have been left behind are now thriving. A national policy geared
towards North American energy independence will not only boost jobs and
provide abundant and affordable energy upon which our economy relies,
but it will boost our national security by providing to our allies
abroad the energy partner they need that presents an alternative to
nations such as Russia and Iran.
I look forward to continuing my push for an expedited export process
for LNG, allowing Mesa and La Plata County energy producers the
opportunity to play a leading role in national security while creating
jobs at home.
Commonsense Colorado energy solutions also means focusing on
renewable energy as well. Harnessing the winds in Weld, the sun in San
Luis, and the power of water in the West, we can lessen pollution and
help clean up the air. Working across the aisle with Senator Chris
Coons from Delaware, I will focus on energy-savings performance
contracts, an often overlooked private sector tool that has the
potential to create thousands of jobs and save the taxpayer billions of
dollars while helping to reduce pollution.
Reducing pollution and protecting our environment is a cornerstone of
Colorado. I look forward to working with Congressman Scott Tipton on
legislation to help preserve and restore our great forest lands and to
protect Colorado landscapes. Whether it is healthy forest legislation,
reducing the maintenance backlog in our national parks or finding
collaborative solutions to challenging land conflicts, we owe it to
future generations of Coloradans to pass on an environment that is
cleaner when they receive it than the one which we inherited.
Future generations of Coloradans also deserve the opportunity to
receive an education. Whether that is fighting to restore local control
to States, school districts, and parents or working to make the dream
of a college degree a reality, our future depends on our ability to
provide the skills and training for the next generation of leaders and
entrepreneurs.
I will continue work on my legislation called the Making College
Affordable Act. This will help families save for college and meet
expenses in primary and secondary education. I look forward to
promoting STEM education opportunities and transforming our immigration
system from one that sends the best and brightest students back home to
compete against us to one that allows them the opportunity to stay here
in the United States to create jobs and innovation that we will
continue to benefit from.
There is no doubt in the next 6 years many issues will arise that
fall outside these Four Corner issues, and I look forward to meeting
every single one of these challenges by finding new opportunities that
will help make Colorado a better place.
I look forward to working with Congressman Mike Coffman to finish the
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VA hospital in Aurora, a hospital earned through sacrifice but
tarnished by delay. When it is completed, it will give veterans a far
better place for the care they deserve. That always must be our focus,
making Colorado and the United States a better place, giving the people
of this country the confidence that we can work together to achieve
common goals, to strive for brighter horizons, to deliver to the
American people a government they can be proud of again. I will work
with Senator Bennet and anyone who is committed to these common goals.
Too many people believe that government can no longer address the
great challenges of our time--an $18 trillion debt, mounting
entitlement costs, a health care crisis that continues into the next
century, and seemingly overwhelming policy challenges. Some leaders
would have us believe they can't do anything about it, that a managed
decline is better than a rapid decline.
The American people know better. They don't have to--and indeed, they
will not--accept second best. A government that we can be proud of is
one that solves the greatest challenges of our time, balances our
budget, and puts in place solutions that rise above the rhetoric. A
government we can be proud of again means an America that is always
advancing and never in retreat.
Our search for solutions, our search for a government we can be proud
of comes from the common bond--regardless of color, gender or creed,
and, yes, even party--that we as Americans all hold: the shared story
of our lives, the unrelenting American spirit. This is the American
story.
We owe our Nation to the sacrifices made by millions of men and women
for freedom for each other, to countless generations in the past and
present who have worn a uniform in the defense of our Nation--a nation
made exceptional by pioneering people, a nation of innovation and
opportunity, a nation that imagines and inspires, a nation that rises
above to be better tomorrow than we are today.
I grew up working at the family implement dealership, a family
business that was started by my great-grandfather 100 years ago.
Sweeping the floors and cleaning the bathrooms, I learned what it takes
to make a business work. I learned about the employees who made the
business function and how we succeed as a business when our employees
succeed--the hard-working men and women who hope their aspirations will
be fulfilled.
I learned from my grandma, the real life Rosie the Riveter who welded
liberty ships in World War II alongside her husband, my grandpa. They
gave up everything, moving their family and all they had in life to be
part of the effort to win the war and to provide their four children
with the opportunity to succeed and to build their own futures for
their own families in a free world.
A few weeks ago, when going through some old boxes--a random
collection of endless material, pictures--I discovered a stack of
letters that were written by my grandfather to his parents and to my
grandmother during World War II. The letters were written in near
perfect cursive. Others were typed on an old hammer-strike typewriter
they undoubtedly used to the last days of the implement dealership. He
talked about the loneliness for home, new friends he had made during
the war, questions about his young son, and the new countries he was
visiting in France and beyond.
I would like to share parts of one of those letters today because it
shares part of our American story. It was written on August 15, 1945.
Dear Folks,
Aha, that day, 14 August, is indeed a history making day,
and last night at twelve o'clock when at last all the rumors
were confirmed that the world was at peace I said a silent
prayer and know that it won't be long until we are all
together again. If you pull those reins hard enough, maybe I
will be home for Xmas, mother, certainly have a good chance
of making it now, although anything can still happen and
there are thousands of miles to cover, but one can't help but
be optimistic.
It must have been an incredible feeling to know that the war you had
been fighting, the war that had consumed the world and taken our
Nation's young men and women thousands of miles away from home was
over, to have received word that ``the rumors were confirmed that the
world was at peace.'' And after years of battle and weariness and a
silent prayer, the optimism of one soldier and that soldier's Nation
persevered.
There are countless families across this country who share a similar
story. One of their aunts or uncles, parents or siblings are people who
share the honor and the obligation of wearing a uniform for the United
States of America with all of the responsibility that comes along with
it.
They are people whom we will most likely never meet, nor will we ever
be able to fully thank them, but they still fought for all of us.
Through the words of one simple letter, we recognize the power of peace
over conflict, of love for family and country. A silent prayer, no
doubt of thanks, thanks for answering so many other silent prayers,
silent prayers for a day of peace and homecoming. What it must have
been like to know that the great darkness of war which threatened
freedom not for some but for all had finally come to an end. Just like
that, you will be home as if nothing ever happened.
Somewhere in that silent prayer, under the new calm of a war-torn
horizon was the thanksgiving of a soldier for his victorious nation, a
soldier looking to go home a civilian to live out his dreams far away
from harm, in the arms of his family.
While we may disagree on the details of policy and the tactics of
direction, let us make no mistake in our charge--to ensure that we have
a nation that is worthy of the sacrifice so many have made; to refuse
to pass on to future generations a nation in retreat or decline; to
make sure ours is a nation that is always worth fighting for. This is
Colorado. This is the United States of America.
I yield the floor.
Mr. BENNET. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The senior assistant legislative clerk proceeded to call the roll.
Mr. LEAHY. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Flake). Without objection, it is so
ordered.
Remembering Edward William Brooke III
Mr. LEAHY. Mr. President, on January 3, the Nation lost a courageous
public servant--actually, an icon of the 20th century: Massachusetts
Senator Edward William Brooke III. He was 95 years old.
I have had the privilege of serving with more than 350 Senators since
Vermonters first elected me to represent them in this Chamber. There is
a very special list of those with whom I have served, and it is a
privilege to count among those on that special list Senator Edward
Brooke. We were both elected representatives of Northeastern States,
even though we came from different political parties.
Senator Brooke and I forged a relationship that lasted long after he
left Congress. We actually shared a similar start to our careers. As a
former State's Attorney, I admired and respected Senator Brooke's
legacy as a fearless prosecutor. As Attorney General for the
Commonwealth of Massachusetts, Senator Brooke exposed and fought
against political corruption.
He was no stranger to breaking barriers, and he ultimately became the
first African American elected in Massachusetts to serve in the United
States Senate--a post he held for 12 years.
Senator Brooke was a problem-solver. He wanted to spend his time in
the Senate making a difference, not just making pronouncements. He
invested his considerable abilities in bridging racial, economic, and
political divides to solve the challenges facing the Nation. He was a
key, and sometimes crucial, voice along the difficult path toward
enactment of the Civil Rights Act of 1968. He spearheaded equal
opportunity legislative initiatives from housing, to education, to
employment. I think there was no bridge Senator Brooke was unwilling to
cross to make lives better.
Senator Brooke is one of the few Senators to receive the Nation's
highest civilian honor, the Presidential Medal of Freedom. He was also
the recipient of the Congressional Gold Medal. His service in World War
II was recognized with a Bronze Star.
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This lifelong public servant dedicated his life to defending the
bedrock principles of this country. His legacy of fighting for justice
and equality is as important today as ever before. It is a legacy that
will always deserve to be remembered and honored.
Marcelle and I feel privileged to have known him and I send my
condolences to his wife, Anne, his children, and his grandchildren.
Lynch Nomination
Mr. President, the New York Times ran an editorial this morning aptly
entitled ``The Loretta Lynch Confirmation Mess.'' The editorial writers
note:
Of course, as Mr. McConnell readily acknowledged, the delay
[of the vote on Loretta Lynch's nomination] is not simply
about trafficking legislation but a redirection of
Republicans' fury at what they consider Mr. Obama's lawless
actions.
If Republicans are serious about law enforcement, serious about
implementing the legislation I hope will pass to combat and prevent
human trafficking, they will stop their partisan attacks and allow a
vote on Loretta Lynch's nomination. After all, she has a very good
record of prosecuting people who are involved in trafficking. You can't
say you are in favor of stopping trafficking and then block an Attorney
General who has a record of enforcing the trafficking laws.
It has been 19 days since the bipartisan majority in the Senate
Judiciary Committee favorably reported her nomination. She has been
waiting longer for a floor vote than the five most recent attorneys
general combined. She has been waiting for a vote for 19 days. If you
took Attorneys General Reno, Ashcroft, Gonzales, Mukasey, and Holder,
all of them together were 18 days. For Loretta Lynch it is 19 days.
It has certainly been much longer than for the three men nominated
during the last Republican administration or for the incumbent Attorney
General nominated by this administration. She has now waited, as I
said, longer than the previous five Attorneys General combined.
If we don't vote on her this week, her nomination will have waited on
the Senate floor longer than the most recent seven Attorneys General
combined. I hope it doesn't come to that. That would show a real
disdain for the Department of Justice in its efforts to enforce our
laws, to stop trafficking, and to go after terrorists, but it is also
beneath the Senate.
Certainly when I was chairman, I did not do that for President Bush's
Attorney General nominee when he was in his last 2 years as President.
As chairman I moved Judge Mukasey through in a fraction of the time we
have taken on Loretta Lynch. I did this even though his nomination was
not something I supported and I ultimately voted against it. I moved
him forward quickly even though Judge Mukasey was unwilling to state
how he felt about President Bush's position on torture and did not seem
to have a position on the politicization of his predecessor, or his
work with U.S. attorneys, things that set back law enforcement for
years. In fact, even though he had no position on most of the issues
President Bush was involved in, either through Executive orders or
otherwise, he was still moved through in a tiny fraction of the time
Loretta Lynch has been pending so far.
Mr. President, I ask unanimous consent to have printed in the Record
the New York Times article I mentioned earlier.
There being no objection, the material was ordered to be printed in
the Record, as follows:
[From the New York Times, March 17, 2015]
The Loretta Lynch Confirmation Mess
(By the Editorial Board)
What does the abortion issue have to do with the prevention
of human trafficking? Nothing.
What do either of those things have to do with Loretta
Lynch, whom President Obama nominated more than four months
ago to succeed Eric Holder Jr. as attorney general of the
United States? Even less.
Yet Ms. Lynch's confirmation as the nation's top law
enforcement officer--which seemed like a sure thing only a
few weeks ago--is being held hostage to last-minute political
mischief.
Ms. Lynch, a supremely well-qualified prosecutor, has
waited far too long to be confirmed. Senate Republicans said
as recently as last week that they would schedule Ms. Lynch's
confirmation vote for this week, but, on Sunday, the majority
leader, Mitch McConnell of Kentucky, said that won't happen
until the Senate moves forward on a bipartisan trafficking
bill, which would, among other things, establish a fund for
victims through a fine paid by those convicted of trafficking
crimes.
The legislation, which sailed through committee in
February, stalled last week when Democrats noticed a
provision that would prohibit money in the fund from being
used to pay for abortions. The original Senate bill,
introduced in the last Congress, made no reference to
abortion. Nor did the House's version of the bill, introduced
by Representative Erik Paulsen, a Republican of Minnesota.
``There is no reason it should be included in these bills,''
Mr. Paulsen said last week of the abortion language. ``This
issue is far too important to tie it up with an unrelated
fight with politics as usual.''
Republicans say they routinely add the abortion language
into many bills and that Democrats should have read more
carefully. Democrats say Republicans operated in bad faith--
not to mention in violation of Senate norms--by
misrepresenting the bill's contents.
This dispute has nothing to do with the needs of the
Justice Department. It is beyond irresponsible to strand the
department without a leader, sowing instability and
uncertainty in an important executive agency.
Mr. Holder announced his retirement in September, to the
evident delight of Republicans who have opposed him from the
start. One would have thought they would be eager to see him
go, yet almost six months later he remains in office because
a replacement has not been confirmed. No one disputes Ms.
Lynch's experience or accomplishments. She currently leads
the federal prosecutor's office in the Eastern District of
New York, and she has received the support of senators of
both parties. The only objection anyone could come up with
was that she might not stand up against President Obama's
policies, an odd criticism to aim at a prospective cabinet
member.
Of course, as Mr. McConnell readily acknowledged, the delay
is not simply about trafficking legislation but a redirection
of Republicans' fury at what they consider Mr. Obama's
lawless actions. Ms. Lynch is ``suffering from the
president's actions,'' he said Sunday, referring to Mr.
Obama's move on immigration policy last November.
This is not the way for Republicans to reassure the country
of their ability to govern now that they control both houses
of Congress. Instead, they could start by ending the delay on
what should be a straightforward floor vote and do the job
Americans elected them to do.
Mr. LEAHY. I yield the floor.
The PRESIDING OFFICER. The Senator from Wyoming.
Negotiations With Iran
Mr. BARRASSO. Mr. President, next Tuesday, March 24, we will reach
the deadline for the deal with Iran for its illicit nuclear program.
That is the date by which the Obama administration said it would have a
framework for a final agreement with Iran. So far, it seems as though
the administration is willing to make a deal at any cost. America
cannot afford that and Congress should not allow it. An overwhelming
majority of Americans believe we should not accept a bad deal with the
Iranians. In one poll earlier this month, 84 percent of Americans said
it is a bad idea to accept the kinds of concessions this administration
seems to be making.
The Obama administration started negotiating with Iran more than 5
years ago. It has mishandled these talks from the very beginning by
conceding Iran's right to enrich uranium. This deal was supposed to be
about stopping Iran's nuclear program as a pathway to a bomb.
Negotiators started off by insisting that Iran should have no more than
1,500 centrifuges to produce nuclear materials. That number has
steadily grown during the negotiations. According to David Ignatius in
the Washington Post on February 24, the number is now four times the
level where we started. His article is entitled ``A compelling argument
on Iran.'' It says, ``The deal taking shape would likely allow Iran
about 6,000'' centrifuges. So we have gone from 1,500 to 4,000 to now
6,000. The author of the article says one administration official told
him that even 9,000 centrifuges would be okay.
Remember, Iran is not supposed to have a uranium enrichment program.
The United Nations Security Council has demanded the program be
suspended. So why is the Obama administration negotiating on this point
at all? When did this change from being an attempt to stop Iran's
nuclear program to become an attempt to delay or to manage Iran's
nuclear program? If this deal makes too many of these kinds of
concessions to the Iranians, it would be just one more example of the
failed foreign relations of this Obama Presidency.
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Go back and look at what happened with the Russian reset. It was the
reset button Secretary of State Clinton launched in March of 2009--6
years ago this month. Look at her comments in which she said that
Syrian President Assad was ``a reformer.'' President Obama talked about
a redline with Syria--a redline that Syria could not cross by using
chemical weapons against his own people. Assad crossed that line more
than 2 years ago.
Remember when the President called ISIS a JV team?
This is all part of a pattern of the Obama administration
underestimating our enemies and being outmaneuvered by them. This
administration has a terrible record of being wrong about Iran as well.
When Congress was debating increased sanctions against Iran, the
White House opposed those sanctions. Congress had to force sanctions
authority on the President. It was those sanctions--the ones Congress
imposed upon the President--that brought Iran to the negotiating table.
Now the administration says it opposes congressional participation once
again. Well, I don't believe the White House gets to be the sole
decider on this important issue.
The administration claims it understands it would be better to have
no deal at all than to have a bad deal, and I agree. That is why we
need oversight--oversight by Congress--to make sure this is not a bad
deal. The negotiators don't get to decide for themselves if it is a
good deal or a bad deal. The American people get a say, and Congress,
as the elected representatives of the people, is the right place for
the people to have their voices heard.
So what does the Obama administration have to say about all this? The
President's Chief of Staff sent a letter over the weekend, Saturday
night--the Saturday night surprise--and he said Congress will get to be
involved only after the administration signs a deal. Congress gets to
be involved only after people get to find out what is in it, after
President Obama signs a deal. It is kind of like Nancy Pelosi when she
said of the health care law, first you have to pass it before you get
to find out what is in it.
So why is it the Chief of Staff of the President is acting this way?
Why is the Obama administration telling Members of Congress, both
Republicans and Democrats, to sit down and be quiet? Let's be clear
about what is at stake here. If the Obama administration allows Iran to
continue with its illicit nuclear program, the world will be less safe,
less stable, and less secure. Any agreement must be accountable, must
be enforceable, and must be verifiable. If that is not the case, then
it is a bad deal.
We need to make sure this deal is about protecting Americans, not
protecting the President's diplomatic legacy. If the Obama
administration is so confident it can negotiate a good deal, why not
let Congress participate?
We have bipartisan legislation here that Senator Corker has written
with Democrats and Republicans as cosponsors. That bipartisan
legislation would make sure that congressional sanctions currently in
place stay in place, and they stay in place long enough for Congress to
hold hearings and to take whatever action is needed. That bill being
proposed will be before the Committee on Foreign Relations next week.
That bill will guarantee the President keeps an eye on Iran's
compliance with any agreement. If the Iranians try to break the deal,
we would know about it so that Congress would reimpose sanctions,
reinstate sanctions.
The American people need to be involved in this process. Getting
onboard and getting the approval of Congress only strengthens the
agreement the administration negotiates. It will validate, give more
legitimacy to it, and more credibility. Congress should and must be
involved. It will make clear to both our allies and our enemies that
America stands united in our commitment to ending Iran's nuclear
program. It also makes it far more likely this agreement will outlast
the Obama administration.
When President Obama and Vice President Biden were Senators, they
favored this kind of involvement by Congress. They both actually
cosponsored legislation requiring Congress to approve any long-term
security commitment President Bush was to make with Iraq. Well, a long
agreement with Iran over its nuclear program to me is even more
important.
In one policy after another, President Obama has disregarded the
views of the American people. This is a huge concern. He has ignored
Congress. He acted on his own even when he had no authority to act. He
has done it on the domestic side, he has done it on the foreign
relations side, and it looks to me as if the administration is planning
once again to ignore Congress and the American people in pursuit of an
inadequate deal with Iran. It is time for Congress to step in and to
stand up for the American people.
Mr. President, I ask unanimous consent to have printed in the Record
the Washington Post story of February 24 by David Ignatius entitled ``A
compelling argument on Iran.''
There being no objection, the material was ordered to be printed in
the Record, as follows:
[From the Washington Post, Feb. 24, 2015]
A Compelling Argument on Iran
(By David Ignatius)
Prussian King Frederick the Great offered this rebuke to
those who refused to allow any concessions: ``If you try to
hold everything, you hold nothing.''
President Obama might make a similar retort to Israeli
Prime Minister Benjamin Netanyahu's attack on the alleged
``bad deal'' the United States is contemplating with Iran.
Netanyahu rejects any concessions that allow Iran to enrich
uranium; he thinks the U.S. goal of a one-year ``breakout''
period before Iran could build a bomb isn't enough.
To which several leading administration officials respond:
Okay, then, what's a better practical idea for controlling
Iran's nuclear program? They see in Netanyahu's maximalist
goals an air of unreality--of fantasy, even. They grant that
their solution isn't perfect. But they argue that it's far
better for Israel and the West than any other plausible
scenario.
The Iran nuclear talks, arguably the most important
diplomatic negotiations of the last several decades, will
come to a head next month. Netanyahu will take his case
against the agreement to Congress on March 3 in an unusual
speech organized by the Republican House speaker. His own
political leadership will be tested in Israeli elections on
March 17. The Iran negotiations will reach a March 24
deadline for the framework of a final comprehensive accord.
Israel's Minister of Intelligence Yuval Steinitz made the
case against the Iran agreement in an interview with me last
week. ``From the very beginning, we made it clear we had
reservations about the goal of the negotiations,'' he
explained. He said Obama's effort to limit the Iranian
nuclear program for a decade or so, in the expectation that a
future generation of leaders wouldn't seek a bomb, was ``too
speculative.''
The administration's response is that the agreement is
better than any realistic alternative. Officials argue it
would put the Iranian program in a box, with constraints on
all the pathways to making a bomb. Perhaps more important, it
would provide strict monitoring and allow intrusive
inspection of Iranian facilities--not just its centrifuges
but its uranium mines, mills and manufacturing facilities. If
Iran seeks a covert path to building a bomb, the deal offers
the best hope of detecting it.
If the current talks collapsed, all these safeguards would
disappear. The Iranians could resume enrichment and other
currently prohibited activities. In such a situation, the
United States and Israel would face a stark choice over
whether to attack Iranian facilities--with no guarantee that
such an attack would set Tehran back more than a few years.
The deal taking shape would likely allow Iran about 6,000
IR-1 centrifuges at Natanz. The Iranians apparently wouldn't
install IR-2s, which operate twice as fast, and they would
limit research on future models, up to IR-8s, that are on the
drawing board. How these research limits would be monitored
and enforced is a key bargaining issue. Another critical
variable is the size of the stockpile Iran could maintain;
U.S. officials want a very low number, with additional
enriched material shipped out of Iran.
One official argues that the United States would be better
off with 9,000 IR-1s and a small stockpile than with 1,000
IR-2s and a large stockpile. Netanyahu probably won't address
this issue in his speech to Congress, since he insists the
only acceptable number of centrifuges is zero.
Another key technical issue is how non-permitted
centrifuges would be dismantled. There is a range of options,
from simply unplugging the equipment to pulverizing it
altogether. The United States wants a formula that would
require at least a year for the Iranians to restart the
shelved equipment. As for the planned Iranian plutonium
reactor at Arak, negotiators seem to have agreed on a
compromise that will halt construction well before Arak
becomes ``hot'' with potential bomb fuel.
The length of the agreement is a crucial variable. U.S.
officials have always spoken of a ``double-digit'' duration
period, somewhere between 10 and 15 years. Negotiators are
also exploring the possibility of different phases
[[Page S1570]]
of the timeline, with inspection provisions having a longer
life span than, say, limits on the number of centrifuges.
The deal-breaker for the administration is if Iran balks at
U.S. insistence that sanctions will only be removed step by
step, as Iran demonstrates that it's serious about abiding by
the agreement. In the U.S. view, Iran has to earn its way
back to global acceptance.
The Iran deal is imperfect. As Count Metternich observed in
1807 about negotiations with the rising powers of his day,
``Peace does not exist with a revolutionary system.'' But
U.S. officials make a compelling case that this agreement is
a start toward a safer Middle East.
Mr. BARRASSO. I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. TOOMEY. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Lankford). Without objection, it is so
ordered.
Mr. TOOMEY. Thank you, Mr. President. I rise to speak on S. 178, the
Justice for Victims of Trafficking Act, and the Toomey-Manchin
amendment No. 291 to that bill.
First of all, I wish to thank Senator Cornyn for bringing this bill
to the Senate floor. It is a bipartisan bill. It is an extremely
important bill. It has been awfully frustrating that we can't even get
onto this bill. It is especially hard to understand because of the fact
that this is a bipartisan bill which has 10 Democratic cosponsors and
another 3 Democrats who voted for it in the Senate Judiciary Committee.
This shouldn't even be controversial.
It is particularly disturbing because when you think about what we
are trying to address with Senator Cornyn's bill, it is awfully
important. I mean, what can be more despicable than what we are trying
to go after here--trafficking human beings? This is a form of modern-
day slavery, is what it is, and some of the most despicable people in
the world take the most vulnerable people in our society and they turn
them into essentially slaves in the sex industry. I mean, as appalling
as that is, it happens, and it happens in every State.
What this bill does is it provides more tools for law enforcement to
better be able to crack down on this appalling practice and provides
harsher penalties, as well it should, and it provides more resources
for folks who do the important work of helping victims to heal, which
is a very long, very difficult, very painful process. It is
unimaginable what some of these folks go through. Children are forced
into slavery, brutalized, beaten, and raped. It is dehumanizing--an
atrocious situation. We have a bill which is bipartisan and which would
actually do something constructive about it, and our Democratic
colleagues will not even allow us to begin the debate, much less move
on in the process.
I understand there is a provision in the bill they don't like. I get
that. But we have offered repeatedly that they would be allowed to
offer any amendment they like. They can offer an amendment to strike
the language to which they object, and that is the way the Senate is
supposed to work. You put a bill on the floor. If somebody doesn't like
something that is in it, you try to change it. It is pretty basic,
pretty fundamental, and that is what we ought to be doing. But we
haven't been able to persuade enough of our Democratic colleagues to
allow us to proceed to this bill yet. I hope we will soon.
One of the reasons I hope so goes beyond the substance of this bill,
and that is the amendment Senator Manchin and I will introduce as soon
as we are able to do that. This is an amendment which will allow us to
amend the underlying trafficking bill with a bill Senator Manchin and I
have introduced designed to protect kids from sexual abuse. It is
amendment No. 291, and it is based on a bill we have called the
Protecting Students from Sexual and Violent Predators Act. The goal is
to protect kids from pedophiles in schools. That is what it comes down
to. There is overwhelming bipartisan support for our legislation, the
bill I introduced with Senator Manchin. It passed the House
unanimously.
I rose last week to ask unanimous consent to bring up this amendment
and make it pending so we could debate and we could vote on it, and one
of our friends from the other side of the aisle objected to that as
well. So there is no progress on this yet, but I am convinced that this
isn't going to stand. I am convinced that enough Democratic Senators
are going to come to their senses and they are going to join us in
voting on this bill and that we are going to be able to somehow proceed
with this and proceed with the various amendments I and others intend
to offer.
I want to speak a little bit about my amendment because I think we
are going to get to it. As I mentioned, it is about protecting kids at
school from violent and sexual predators. Let me start with an
observation that should go without saying, but I will say it anyway.
We all know that the overwhelming majority of school authorities,
teachers and nonteachers alike, are very good and decent people and
that it would never occur to them to abuse the children in their care.
They are motivated in their desire to help kids succeed in the various
ways they help guide these kids. I am completely convinced that the
overwhelming majority of teachers and school employees don't want a
pedophile anywhere near their school. They don't want them in the
classroom next to them. They don't want them coaching their kids. They
don't want them in any way involved because most teachers have good
sense and decency. That is the way they are. But the reality is that
schools are, in fact, where the kids are, and pedophiles know this. So
we have a problem. The problem is that some of these predators are
finding ways into the schools.
Stated very clearly, last year alone, 459 school employees--some
teachers, some not teachers--459 adult school employees were arrested
across America for sexual misconduct with the kids they are supposed to
be looking after; 459 that we knew enough about what they were doing
and the prosecutors felt they had a strong enough case that they could
actually go ahead and make the arrest. How many more are under
investigation? How many more where there are suspicions but no evidence
with which to pursue a case? Probably a lot more. But we know for sure
there are 459 appalling cases, and so far this year, we are on track to
have similar numbers. We are 76 days into the school year, and over 90
school employees have already been arrested this year across the
country.
This is absolutely a real problem. Some of these predators are
finding ways to slip through the cracks of the system that is meant to
keep them out, and Senator Manchin and I want to do something about it.
Here is our suggestion. We have a bill that does two simple things.
It says to the State: If you are going to collect the millions of
dollars in Federal funding that go to primary and secondary education,
then you have to do a proper background check and you have to make sure
you are not hiring a pedophile. You have to check the Federal and State
databases to make sure you are doing a thorough background check. And
the second requirement is you can't engage or permit anybody to engage
in this appalling practice that is known as passing the trash. It is
shocking that this could even exist, but it does.
I will tell you the story that actually inspired this legislation,
which is a case in point of passing the trash. The story begins with a
teacher teaching in Delaware County, PA. This teacher was a pedophile
who was molesting boys who were in his care. The school district
figured out what was going on. There was never enough evidence to
actually prosecute him, but they knew something was very wrong. The
school district decided it would be better if this teacher became
someone else's problem, so, as appalling as it is, what they did was
they wrote a letter of recommendation to recommend this teacher for
another job provided that he leave. Well, he leaves. He goes across the
State border into West Virginia, applies for and, in part on the
strength of the letter of recommendation he had, he gets hired at a
school in West Virginia. He works as a teacher. He resumes what these
people do--abusing children. Eventually, he becomes principal, and
while principal at the school, he rapes and murders a 12-year-old boy
named Jeremy Bell.
So the practice of sending a letter of recommendation along with a
monster
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such as this is known as passing the trash. As appalling as that is, it
happens enough that it has its own name. As a matter of fact, just
Friday, I was in Pittsburgh and I was visiting a wonderful group of
people--Pittsburgh Action Against Rape--a great group of professionals
who do wonderful work, mostly helping victims cope with the aftermath
of their assaults. One of the people I met there and heard from is the
president of the board of directors. Her name is Beth Docherty. She
told her story. Her story began when she was 15 years old. She was in
the band at her school when the band instructor began to rape her. When
she came forward and told the authorities what was happening, the
school promised the teacher they wouldn't conduct any investigation if
he would just quietly resign. Then the school wrote a glowing letter of
recommendation for this guy, which he took with him, went to Florida,
and found a teaching job there.
Fortunately, the prosecutors in the case in Pennsylvania felt
confident that they had a strong enough case, and in time they were
actually able to get him back from Florida. They prosecuted him and
they locked him up, and he is in jail today, where he belongs and might
be for the rest of his life.
The point of this is, as appalling and shocking as it is to our
conscience that anyone would do this, I am here to say it happens. It
happens, and we need to do something about it for the sake of Jeremy
Bell and for the sake of Beth Docherty and who knows how many other
children.
Our legislation simply requires that the State have a provision in
its law that makes it illegal to knowingly recommend for hire someone
who is attacking kids. This, too, strikes me as a bill that should not
be controversial. It passed the House unanimously. But there are people
who are trying to kill this bill. We have some of our friends on the
other side of the aisle, and outside organizations from the left have
argued against this.
I want to quote from a letter that was sent to all of us explaining
why a number of those groups are opposing the legislation. Here is the
quote. This is what they say in their letter:
``Individuals who have been convicted of crimes and have completed
their sentences should not be unnecessarily subjected to additional
punishments because of these convictions.''
Well, wait a minute. Think about the logic of that position. By that
logic, an admitted convicted child molester who serves a 10-year prison
sentence for his crime should be able to walk out of the jail, walk
down the street, apply for and get a job teaching elementary
schoolkids. How ridiculous is that? It is completely ridiculous.
Our kids should not be involuntary members of a social experiment
where we are trying to see which convicted child molesters are going to
be recividists. Frankly, most of them are. I am not willing to take the
risk that our kids should be left alone with people like that. We have
a National Sex Offender Registry for a reason. It is because we
recognize those people pose a danger that extends past the time of
their incarceration. Parents need to know about that. That is why we
have this national registry. Schools need to avoid the danger.
To be clear, I am not suggesting a convicted child molester can never
work again anywhere, but I am saying they should not work in a school.
I think that is completely reasonable. I am shocked, frankly, that
these organizations would come out against this commonsense
legislation.
But the objection, in fairness--some objection comes from our side of
the aisle as well. I have a colleague for whom I have all the respect
in the world. The senior Senator from Tennessee is a wonderful Senator.
I agree with him on far more than I disagree. But I have to say, I
strongly disagree with his view of this particular view. He has been
here on the Senate floor. He has been very upfront with me about his
opposition to our bill. The basis of his opposition to my bill is he
believes that passing the legislation Senator Manchin and I are
proposing, requiring background checks and forbidding the passing of
trash, constitutes the equivalent of a national school board, that it
is an unreasonable infringement on schools.
Well, I could not disagree more. Now the idea of a national school
board is a terrible idea. I have no interest in that. You will never
hear me arguing that the Federal Government should impose on States and
school districts things such as appropriate class size, or whether you
should teach geometry before algebra in middle school, or what grade
should students read ``The Grapes of Wrath.'' Any of those kinds of
curriculum issues or testing issues should be left to local school
boards and States. But that is not what we are trying to do here.
What I am saying with my legislation with Senator Manchin is if a
State takes billions and billions of Federal tax dollars each year,
then you cannot use that money to pay the salary of a convicted child
abuser. I think that is totally different. That is nothing like a
national school board.
Furthermore, we all voted in favor of the substance of these
background check requirements when we all passed the child care
development block grant bill, which, by the way, passed this Chamber
with one dissenting vote. It was 98 to 1. There was one ``no'' vote,
which had nothing to do with the background check provisions, by the
way. The senior Senator from Tennessee was an original cosponsor of
that legislation.
By the way, that also passed the House unanimously. It is virtually
identical. It holds that children in these daycare centers should have
the protection that comes with knowing the employees have gone through
this background check system.
So do we have a national daycare board? I do not think so. If it is
okay to protect the youngest of kids, which it certainly is and should
be, why cannot we also extend that protection to kids who are a little
bit older? We are insisting on a standard that is appropriate and
rigorous for kids who are toddlers. Then when they go to kindergarten,
we are not going to have the same standard to protect them? That makes
no sense to me at all.
Then another point I would make regarding this idea of a national
school board is this practice of passing the trash. When a school
district sends a letter of recommendation for a known offender, and he
takes that letter with him and goes across State lines, what can a
single State do about that? The case I described of Jeremy Bell, the
little boy who was killed by the teacher in West Virginia who
originated in Pennsylvania--what could West Virginia do to forbid
Pennsylvanians from sending a letter of recommendation for that
teacher? Absolutely nothing is the answer. Because West Virginia's
legislative authority does not reach into Pennsylvania. This happens
across State lines. In fact, it is a very conscious decision on the
part of many of these predators, because they want to put as much
distance between their criminal activities as they can. When they move,
they move far sometimes. So this demands a Federal response. There is
nothing a State can do to solve this problem. That is why we address it
in our bill.
The other point I would make is, look, this is not the first time we
have had the Federal Government establish some employment standards. We
have Federal laws that, for instance, ban discrimination in schools.
Schools are not permitted, under Federal law--you cannot discriminate
in your hiring on the basis of sex or race or age or religion or
pregnancy. Does that mean we have a national school board? Does that
mean we have a national school board? Does this mean we have to repeal
all of these laws? I do not think so. I think it is perfectly
reasonable to have employment standards.
Finally, I would say do we not have some responsibility of oversight
of how Federal tax dollars get spent by the States? I mean, do we send
the money and say: Hey, here is a pile of cash, do whatever you like
with it? I do not think that is a very reasonable standard. What could
be more reasonable than simply saying you cannot use Federal tax
dollars we are responsible for if you are going to use it to pay the
salaries of convicted child abusers. I think that is pretty
straightforward.
I will say there may be alternative amendments here. There has been
some discussion that some of our colleagues may offer alternatives to
the legislation Senator Manchin and I have. I am still willing to work
with anyone on our side or the other side of the aisle.
[[Page S1572]]
If we can constructively work--if the goal is to actually get something
passed that is going to be helpful, that is going to be constructive,
then I will work with anybody to get there. But there are a few things
I will not agree to. I will not agree to a provision that, under the
guise of privacy, requires a school to stay silent while a known child
molester seeks a new teaching job. That is not reasonable. I will not
agree to a bill that does nothing to change the status quo, a bill that
does nothing to provide additional protections for our kids.
Unfortunately, in my view, the amendment that is offered by the
senior Senator from Tennessee fits into this latter category. He has
got an amendment that I think provides absolutely no additional
protections. It says all States have to have a background check system.
But guess what. All States already do. The problem is, many of them are
inadequate. As I said before, there is nothing a State can do about
passing the trash across State lines. So it does nothing to stop
passing the trash. It does nothing to stop schools from hiring a
convicted child rapist. It does not say anything about the standards of
the background check. The bill is so loose that if a State simply
decided to do a Google search, that would meet the criteria of the
bill. It is completely unacceptable. It does not change the status quo.
It does nothing to protect the kids. You could make the argument that
this bill is arguably worse than doing nothing, because it could
undermine the effort to do this right, create the illusion of having
done something at the national level when, in fact, it has not done so.
I will conclude by simply saying I am not prepared to settle for the
status quo. I am not satisfied when we have a situation where 459
school employees are arrested in a single year--arrested for sexual
misconduct with the kids they are supposed to be taking care of.
Obviously we have a problem here. I am not going to settle for a
pretend piece of legislation that accomplishes nothing.
What comes home to me is my own three kids. I have three young
children. When one of my children gets on a schoolbus in the morning, I
have every right to expect the school that child is going to--the
school my child is going to--is as safe an environment for him or her
as it can possibly be. Every other parent in Pennsylvania and every
parent in America deserves to have peace of mind. Every child deserves
to have that security. So that is why I am not going to give up on
this.
I am confident at some point our Democratic friends are going to
realize it is a huge mistake for them to continue their filibuster of
the trafficking bill. When they do, they will agree to let us proceed
to it. When that happens, I will be back. Senator Manchin and I will
offer our legislation as an amendment. We are going to have a debate
about it. We are going to have a vote about it. I certainly hope we win
this vote. This, again, is legislation that passed the House
unanimously. If it passes the Senate, it is sure to become law. If it
does not pass for some reason, then I am going to come back again and
again until it does.
I hope we will take this up sooner rather than later. I hope we get
on this bill still this week. There is still time. I know we will have
an open amendment process when we do. I look forward to offering this
amendment.
Mr. BROWN. Mr. President, yesterday, I, along with a number of my
colleagues, filed an amendment to the Justice for Victims of
Trafficking Act. This amendment, based on the Rape Survivor Child
Custody Act which we filed as a stand-alone bill last Congress, would
provide grants to States that have laws on the books that allow women
to petition for the termination of parental rights based on clear and
convincing evidence that a child was conceived through rape. The goal
is to encourage more States to adopt such laws.
The amendment as drafted gives broad discretion to the Attorney
General to determine which States are eligible for grants and which are
not. For that reason, I would like to say a few words regarding our
intention in drafting this amendment.
Under the Rape Survivor Child Custody Act, the Attorney General is
empowered to make grants to ``States that have in place a law that
allows the mother of any child that was conceived through rape to seek
court-order termination of the parental rights of her rapist with
regard to that child, which the court is authorized to grant upon clear
and convincing evidence of rape.'' Termination is defined as ``a
complete and final termination of the parent's right to custody of,
guardianship of, visitation with, access to, and inheritance from a
child.''
There are a number of States that have such a law on the books but
which also state that parental rights can be reinstated if extenuating
circumstances occur. And while the bill states that a determination
must be final, the bill was drafted with the idea that there is a
difference between a ``final'' determination and an ``unmodifiable''
one. And States with such laws on the books should still qualify
because the amendment does not say the determination has to be
unmodifiable, just final.
The intention as currently drafted is that 10 States would be
eligible under their current laws. These 10 States are Alaska,
Colorado, Florida, Idaho, Illinois, Louisiana, Oklahoma, Pennsylvania,
Vermont, and Wisconsin. Once this amendment is hopefully adopted as
part of the Justice for Victims of Trafficking and passed into law, I
am confident that the Department of Justice will concur in this
assessment.
In addition to this amendment, I have two other amendments which I
filed yesterday. The first amendment would provide help support local
law enforcement in their efforts to track down homeless and runaway
youth by providing funding for retired Federal agents who assist the
local law enforcement in these investigations.
In September of 2013, a group of retired FBI agents in Northwest Ohio
came to my office and asked for help in creating a pilot program that
would allow retired agents to assist local law enforcement in finding
runaway children and teens. Generally, Northwest Ohio children who
become involved in trafficking do so within about 2 weeks of running
away from home, so finding them quickly is critical. Overall, about
one-third of runaways become victims of trafficking.
Toledo has just one detective working on missing person's cases, both
adults and children. These retired FBI agents want to help law-
enforcement officials investigate the 18,000 runaways in Ohio every
year, but they need resources. Police don't have the manpower to track
these children, but every city has retired agents who could assist the
``overworked'' departments.
The second amendment mirrors Congressman Maloney's Human Trafficking
Prevention Act. This legislation comes in response to a State
Department inspector general report recommended the changes made by
this amendment. It would train Foreign Service officers working at U.S.
Embassies overseas to help stem the demand for trafficking and spot
victims before they are trafficked into the United States. It passed
the House in January on a voice vote, and I am confident that it would
find similar broad support in the Senate.
Mr. TOOMEY. I suggest the absence of a quorum.
The PRESIDING OFFICER (Ms. Ayotte). The clerk will call the roll.
The senior assistant legislative clerk proceeded to call the roll.
Mr. COONS. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Voting Rights Act Anniversary
Mr. COONS. Madam President, today is the 50th anniversary of the
introduction of the bipartisan Voting Rights Act of 1965, a day we are
reminded of what is possible when we come together across party lines.
It was 50 years ago today that Republican minority leader Senator
Everett Dirksen and Democratic majority leader Senator Mike Mansfield
came together on this floor to introduce landmark legislation that
sought to fulfill the promise of the 15th Amendment to the Constitution
and ensure that no person would be denied the right to vote because of
the color of his or her skin.
I was reminded of the power of their example just 2 weeks ago when I
gathered with Republicans and Democrats from the House and Senate in
Selma, AL, to honor the Americans who came
[[Page S1573]]
from across our country 50 years ago to march across the Edmund Pettus
Bridge in Selma and demand equal voting rights. Their example was one
of unity, as was the example of Members from both sides of the aisle
who came together to introduce and eventually pass the Voting Rights
Act of 1965.
So I am concerned as I come to the floor this afternoon about our
troubling inability to come together in this Chamber on issues where
there clearly should be broad agreement as well. I have with me a
photographic reminder that the last time the Voting Rights Act was
signed into law--was reauthorized--it was signed by Republican
President George Bush, with the support of both Democrats and
Republicans in the then Congress.
Those of us who gathered 2 weeks ago at the bridge at Selma were
treated both to a stirring speech by our current President, and the
cheering presence of President Bush, when a challenge was issued to
those Members of Congress present that we should come together, fix the
Voting Rights Act, and reintroduce it in this Chamber.
When it comes to voting rights, it surely is true that today's
America is not the America of half a century ago, just as today's
hurdles to the ballot box are not the same as in the time of Jim Crow.
Yet it is also true that in too many cities, towns, States, and
counties across our country, new roadblocks are being built to make it
more difficult for Americans to vote.
It is clear that, as President Obama said to us on the Edmund Pettus
Bridge 2 weeks ago, ``our march is not yet finished.''
In the coming weeks, as Senator Leahy, I, and others work to bring to
the Senate a new voting rights act that reflects today's challenges, it
is my sincere hope and my prayer that Republican colleagues will
partner with us to continue the work that remains undone.
Lynch Nomination
Madam President, this was also to be the week that we would take up,
consider, and vote on the nomination of Loretta Lynch to serve as
Attorney General. I must say that the Senate's proceedings this week do
not portend well, because we find ourselves, yet again, stuck in
regrettable partisan gridlock.
For the past 129 days, we have had before us an incredibly qualified
and talented nominee for Attorney General. Loretta Lynch was first
nominated by President Obama in November. She has now waited for a vote
longer than any Attorney General nominee in 30 years.
As of today, her confirmation has waited longer on the floor than the
last five Attorneys General combined.
That is unacceptable, and I frankly haven't heard a single good
reason from my colleagues on the other side of the aisle for why Ms.
Lynch's nomination deserves such a delay. Instead, her nomination is
being used by many to continue their fight with the President over his
immigration policy, and this is after nearly shutting down the
Department of Homeland Security because of those same disagreements.
While we do need to have a focused and functional debate in this
Congress about immigration, it is simply irresponsible to hold up a
highly qualified nominee for Attorney General because some don't like
that she agrees with the very President who nominated her.
I take very seriously the Senate's role to advise and consent on
Presidential nominations. So let's just take a minute and look at
Loretta Lynch's experience, her background.
She is a graduate of Harvard College and Harvard Law School. She
spent 8 years in private practice at a prestigious law firm, then known
as Hogan & Hartson. She served on the United Nations International
Criminal Tribunal for Rwanda.
She has served the public and previously been unanimously confirmed
by this body--twice, I should add--to be the U.S. attorney for the
Eastern District of New York. That is a job where she has prosecuted
drug crimes, violent crimes, and where she has taken on corrupt
politicians.
At her nomination hearing in the Judiciary Committee, on which I
serve, our chairman called an outside witness panel of nine witnesses.
When asked, not one of them said they opposed Ms. Lynch's confirmation
to be Attorney General on the basis of her skills or experience. The
committee was, in fact, unable to produce one shred of testimony in
opposition to her nomination.
Yet we stand today in the middle of March and the first African-
American woman ever to be nominated Attorney General of the United
States, our Nation's top law enforcement official, has foundered on
this floor longer than the five prior nominees combined. I think this
is unacceptable and sets an unfortunate, even dangerous precedent. We
should not play political games with the Department of Justice, an
executive branch agency with 125,000 employees and a $28 billion
departmental budget that is charged with all sorts of different law
enforcement functions, from running the Federal prisons to enforcing
the Clean Air Act and Clean Water Act, to making sure we fight human
trafficking and money laundering.
Frustratingly, we find ourselves this week also considering a bill to
combat human trafficking, which we don't seem to be able to move
forward. It is important legislation that includes broad bipartisan
support, except for a simple, partisan, political provision that has
now turned it into a divisive issue.
The Republican leader this week has argued that once we finished work
on this human trafficking bill, we could then move on to Loretta
Lynch's nomination vote. But I am forced to wonder when the delay
tactics here will end.
Not only is it seemingly untrue that we can't do human trafficking
legislation and this nomination at the same time--because if my memory
serves, we just confirmed two other executive branch nominees last
night--but the Republican leader knows well that if he truly wanted to
move this bill forward, Democrats would be ready to partner with him
with just a minor revision to the bill.
There is, in fact, a bitter irony that, as was reported last night,
Loretta Lynch's confirmation is being held up over an issue--human
trafficking--which she herself said she would prioritize if confirmed.
I ask my Republican colleagues: Let's find a way to move forward on
all of these issues--on combatting human trafficking and confirming
Loretta Lynch to serve as Attorney General and on reauthorizing the
Voting Rights Act, which is such an important linchpin of civil rights
in this country.
We agree that we need to combat human trafficking. So let's work
together on the broad areas where we are, in fact, united. Let's
confirm an Attorney General nominee who is qualified, smart, and will
give the fight against human trafficking the dedication it deserves.
Ms. Lynch would make a superb Attorney General.
As someone who has herself served in law enforcement and served in
that role at the State level, I think the Presiding Officer appreciates
the importance of having a confirmed Attorney General to lead our
Federal Department of Justice.
Loretta Lynch has demonstrated--throughout her confirmation process
and through her many years of service to her country--that she is well
and amply prepared and qualified to take on this vital and important
role.
I urge my colleagues to end the delays and give Loretta Lynch the
vote our country deserves.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The senior assistant legislative clerk proceeded to call the roll.
Mr. DAINES. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Bringing Montana Solutions to Washington
Mr. DAINES. Madam President, it is an incredible honor to represent
Montana in the Senate. More than 150 years ago, a young Norwegian woman
named Karine Dyrud immigrated to this country. She came in search of
freedom and opportunity. She came to a nation where government served
the people and not the other way around. After her husband passed away,
this tough widow and mother of seven headed West to Montana and settled
with her children about an hour north of Great Falls.
Karine Dyrud was my great-great-grandmother and the beginning of my
Montana story. Her perseverance is the reason why my family has called
Montana home for five generations. It is
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why Cindy and I have been able to pass along the legacy of faith and
freedom, of personal responsibility, to our four children.
We are blessed to live in the greatest Nation on Earth, and it is a
solemn responsibility of the Senate to do everything in its power to
keep it that way.
Before I was elected to Congress, I spent 28 years in the private
sector growing companies and creating jobs. In fact, I am the only
chemical engineer in Congress. In the private sector, we understand the
importance of hard work, of innovation, accountability, and not
spending more than you take in.
The freedom of ideas and trade, private property and opportunity, are
the fundamental elements of liberty and of prosperity. These are the
elements that helped RightNow Technologies--a Montana-based cloud
computing business that I served as vice president of for 12 years--
grow from a small startup into a publicly traded company and a global
leader in cloud computing. We created over 1,000 high-paying jobs--jobs
that support a vibrant community with good schools and quality of life
for Montana families.
Unfortunately, Washington, DC, under the guise of equality, is
encroaching upon these freedoms, replacing the constitutional rule of
law through elected officials with bureaucratic rule that is
unaccountable, inefficient, ineffective, and far too costly. Washington
is more concerned with its own self-interest and self-gain than the
well-being of the American people.
As we begin consideration of the Federal budget this week, we must
hold government accountable to the people. Last year, the New York
Times did an assessment of the health and wealth of every county in the
Nation. You might expect folks in Silicon Valley to be doing fairly
well or perhaps in the suburbs of New York City. What shocked me was
seeing that six of the Nation's top 10 wealthiest counties surround
Washington, DC. That sends a pretty clear message about where
Washington priorities are.
During the recession, while millions of Americans were struggling to
make ends meet amidst layoffs and economic instability, Washington, DC,
thrived. The Federal Government poured millions of dollars into new
buildings, and salaries kept growing and growing.
It is time for Washington to be held accountable to the American
people, and that is why the first bill I introduced in the Senate was
the Balanced Budget Accountability Act. It simply requires Congress to
balance the budget or Members won't get paid. It is not that
complicated. It is easy to measure. It is very simple. No balanced
budget, no paycheck.
Washington is out of touch with the day-to-day struggles that
American farmers, ranchers, union workers, and tribal members face
every day. Look no farther than President Obama's recent veto of the
Keystone XL Pipeline. Instead of working toward North American energy
independence, President Obama continues to play politics with good-
paying American jobs. Instead of advancing economic opportunity for
hard-working Montana families, President Obama is instead perpetuating
his war on energy and standing in the way of affordable made-in-Montana
and made-in-America energy.
While serving in the House, I invited Crow tribal chairman Darrin Old
Coyote to testify before the Natural Resources Committee. The Crow
Reservation in Montana is home to some of the richest energy reserves
in our country, but the President's senseless agenda is preventing them
from developing their resources. What Chairman Old Coyote said has
stuck with me. He said, ``A war on coal is a war on the Crow people.''
President Obama and the EPA's regulatory overreach is a direct threat
to thousands of jobs and our Nation's economic future. We shouldn't be
hitting pause on American energy production. We need to encourage it.
More made-in-America energy doesn't just mean more money in the pockets
of hard-working families. It also means more jobs. It means energy
independence.
Our energy security, though, isn't just about jobs and low energy
prices. It is tied directly to our national security. I am happy to
report the United States will become the largest oil and gas producer
in the world this year, surpassing both Russia and Saudi Arabia. As we
see the growing threat of ISIS and a nuclear Iran, one thing is clear:
We need more made-in-America energy, not more made-in-the-Middle East
oil.
We have tremendous opportunities to develop our Nation's energy
resources and create new jobs across the entire Nation, but we must
allow the States to take the lead. Rather than moving forward with
commonsense, job-creating solutions, such as the Keystone Pipeline,
Washington continues to put barrier after barrier up to prevent job
creation and the responsible management of our resources.
We see that in our national forests and our public lands. Our public
lands out West are a tremendous asset to our tourism economy and our
way of life. It is one of the many reasons people come to Montana in
the first place. But the Federal Government's perpetual failure to
properly manage our national forests has led many of Montana's forested
counties into economic despair. Like many Western States, Montana once
boasted a robust timber industry. Now timber harvests in our national
forests have declined 82 percent. In fact, I had dinner one evening
with a couple from Eureka, MT, up in the northwest corner of our State,
in Lincoln County. They said: Steve, basically we describe this area
now as poverty with a view.
We must implement meaningful forest management reforms that get our
timber industry up and running again. It improves the health of our
forests and it ensures our rural counties aren't dependent on the whims
of the Federal Government's annual budget. But we must ensure that
States have primacy in these decisions. We must ensure the hard-working
farmers, the ranchers, the loggers, and the sportsmen who live, work,
and recreate on these lands every day have their voices heard, and that
those closest to the land are guiding management practices, not
bureaucrats in Washington, DC, or lawyers in San Francisco, who would
be hard pressed to find Montana on a map.
But Washington's overreach doesn't just affect our natural resources.
We are seeing it in our technology sector and the Internet. I worked in
the technology sector for more than 12 years. I know firsthand how the
Internet has removed geography as a constraint for countless businesses
in Montana and across our Nation.
I know technology has created jobs and economic opportunities in
communities where little previously existed. We must encourage the
growth of these high-tech jobs in Montana and across our country. These
are good-paying jobs that will help us grow economically and allow us
to remain globally competitive.
The Internet is a laboratory of innovation, yet DC wants to tie our
entrepreneurs' hands by placing more regulations on the Internet. The
FCC recently approved a 300-plus-page plan to regulate Americans'
Internet access as a title II utility, in short, a government takeover
of the Internet. That is like putting a buggy whip manufacturer in
charge of Tesla.
The Internet is unconstrained innovation. That is why I will stand
strong against DC's attempts to tax the Internet, to regulate the
Internet, and to stifle innovation. If we want to remain the greatest
Nation in the world, we need to remain globally competitive, and
technology plays a key role in that.
We also must implement meaningful tax reforms that encourage American
businesses, incentivize American businesses to grow and create jobs
here at home, not overseas. During my time at our software company, in
the last 5 years I managed Asia Pacific, and I had offices in Tokyo and
Sidney, but headquartered in Bozeman, MT, as we were growing and
competing against some of the world's best technology companies.
We must expand our trade opportunities, certainly for our farmers and
ranchers across our country. So it is important that innovation and
entrepreneurship are encouraged, not hindered. Unfortunately,
Washington, DC, is more interested in issuing press releases and
headlines than getting results.
As an engineer, I was trained to solve problems, find solutions, and
get results. It is time for Washington to look to the States for these
solutions--to adhere to the principles of federalism
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and States rights, as clearly found in our Constitution--and empowering
local communities, State legislatures, Governors, and tribes to manage
their resources, to grow economic opportunity, and to find and
determine their own destiny.
In fact, it is time for Washington to listen to the States and it is
time for Washington, DC, to listen to Montana.
I have always said one of the best decisions I ever made in my life
was when I picked my great-great-grandmother. She got her family out to
Montana, and she is buried in a small country cemetery just east of a
small town called Conrad, MT. On her headstone, in this very remote
small country cemetery, reads three simple words: ``saved by grace.''
She placed her ultimate faith in her God, not in her government.
It is an honor to stand here today on the Senate floor to serve as
Montana's voice in Washington. I will continue working to bring more
Montana solutions to Washington and get it working again for all
Montanans.
I yield the floor.
The PRESIDING OFFICER. The majority leader.
Congratulating Senator Daines
Mr. McCONNELL. Madam President, I want to congratulate our freshman
colleague from Montana on his initial speech, and particularly to
second his observations about the devastation in the coalfields of
America. We have a depression in the eastern part of my State as a
direct result of this administration and the EPA, and I know it has
affected the great State of Montana as well. So among the many
insightful observations the Senator from Montana made, I particularly
appreciate his thoughts about energy.
Cloture Motion
Madam President, I send a cloture motion to the desk for the
committee-reported amendment.
The PRESIDING OFFICER. The cloture motion having been presented under
rule XXII, the Chair directs the clerk to read the motion.
The legislative clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
do hereby move to bring to a close debate on the committee-
reported substitute amendment to S. 178, a bill to provide
justice for the victims of trafficking.
Mitch McConnell, John Cornyn, Tom Cotton, James Lankford,
David Vitter, Richard Burr, Chuck Grassley, Joni Ernst,
Pat Roberts, Mike Rounds, James E. Risch, Daniel Coats,
James M. Inhofe, Shelley Moore Capito, Mark Kirk, Cory
Gardner, Thom Tillis.
Cloture Motion
Mr. McCONNELL. Madam President, I send a cloture motion to the desk
for the bill.
The PRESIDING OFFICER. The cloture motion having been presented under
rule XXII, the Chair directs the clerk to read the motion.
The legislative clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
do hereby move to bring to a close debate on S. 178, a bill
to provide justice for the victims of trafficking.
Mitch McConnell, John Cornyn, Tom Cotton, James Lankford,
David Vitter, Richard Burr, Chuck Grassley, Joni Ernst,
Pat Roberts, Mike Rounds, James E. Risch, Daniel Coats,
James M. Inhofe, Shelley Moore Capito, Mark Kirk, Cory
Gardner, Thom Tillis.
Mr. McCONNELL. Madam President, I ask unanimous consent that the
mandatory quorum calls be waived with respect to these cloture motions.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________