[Congressional Record Volume 161, Number 124 (Monday, August 3, 2015)]
[Senate]
[Pages S6228-S6235]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CYBERSECURITY INFORMATION SHARING ACT OF 2015--MOTION TO PROCEED
Mr. McCONNELL. Mr. President, I move to proceed to S. 754.
The PRESIDING OFFICER. The clerk will report the motion.
The legislative clerk read as follows:
Motion to proceed to Calendar No. 28, S. 754, a bill to improve
cybersecurity in the United States through enhanced sharing of
information about cybersecurity threats, and for other purposes.
The PRESIDING OFFICER. The majority leader.
Cloture Motion
Mr. McCONNELL. Mr. President, I send a cloture motion to the desk.
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 motion to
proceed to calendar No. 28, S. 754, an original bill to
improve cybersecurity in the United States through enhanced
sharing of information about cybersecurity threats, and for
other purposes.
Mitch McConnell, John Cornyn, James Lankford, Roger F.
Wicker, John McCain, Richard C. Shelby, Tom Cotton,
Marco Rubio, Susan M. Collins, John Thune, Daniel
Coats; Richard Burr, Pat Roberts, John Barrasso, James
E. Risch, Orrin G. Hatch, Roy Blunt.
Mr. McCONNELL. I yield the floor.
The PRESIDING OFFICER. The Senator from Oregon.
Mr. WYDEN. Mr. President, I will be brief.
I understand why our colleagues want to respond in some way to the
horrendous hack at the Office of Personnel Management. I wish to say to
my colleagues that it needs to be a response that is going to work. My
concern is that this bill, in its present form, will create more
problems than it solves, and it would be a mistake to bring it up
without agreeing to an inclusive process for considering relevant
amendments.
I appreciate that the sponsors of the bill have been working on a
managers' amendment to address some of the very serious concerns that
have been raised. My own view is that the bill needs a lot more work.
For example, the managers' amendment does not fix the provision of this
bill that will allow private companies to hand over large volumes of
their customers' personal information to the Government with only a
cursory review, even if that information is not necessary for cyber
security.
Cyber security experts and privacy advocates have been raising
concerns about these issues for many months. They state that they have
sent something like 6 million communications to the Hill in the last
few days.
For me, the bottom line is that the legislation, as it stands today,
doesn't do a whole lot to protect U.S. networks against sophisticated
hacks, and it will do a lot to undermine the privacy rights of the
American people.
I see the distinguished senior Senator from California here, and I
know she has a different view. My colleague from North Carolina is
here. I look forward to working with both of them and the Senate and
hope that we will have an inclusive debate that will ensure that all
sides get a chance to raise their concerns.
Cyber security is a very real problem in America. My constituents
have been hacked. In fact, the Chinese were indicted for hacking my
constituents. Information sharing can play a valuable role. Yet
information sharing without vigorous and robust privacy safeguards will
be seen by the American people as a surveillance bill. That is a fact.
I yield the floor.
The PRESIDING OFFICER (Mr. Lankford). The Senator from Ohio.
Drinking Water Protection Act
Mr. PORTMAN. Mr. President, I have come back to the floor again this
afternoon to plead with my colleagues to pass legislation that deals
with the toxic algal blooms that affect many of our States, including
my State of Ohio.
It turns out this is the 1-year anniversary of the water crisis that
occurred in Toledo, OH. I see my colleague from Ohio is now on the
floor also. He will remember this well. But it was a year ago when we
found that there were toxic algal blooms around the intake valve in
Toledo, OH, making the water unsuitable. There was an advisory sent out
to 500,000 people that said: Do not drink the water.
You can imagine the chaos that occurred. You can imagine how
difficult this was for the people who live in the Toledo area, who rely
on this water. By the way, there are about 3 million Ohioans who rely
on Lake Erie water and more than twice that many around the country and
in other States, such as Michigan.
This is a critical issue. Last week it turned out that there were
algal blooms that were moving within a few miles of this same intake
valve--the same kind of blue-green toxic algal blooms. I was on the
lake the weekend before last to see some of this. Within a couple of
days, the city of Toledo changed the city's water quality status from
``clear'' to ``watch.'' We are on a ``watch'' status right now because
of the amounts of toxins that have drifted closer to the intake valve.
We have a problem right now. We know that the toxic algal blooms
prediction for this year in Lake Erie is projected to be worse than it
was last year, almost as bad as it was during another crisis period in
2011, when a lot of the beaches were closed down and people weren't
able to take their pets to the water and when fishing was pretty much
shut down because of the algal blooms. This is a huge issue. It is an
economic development issue. It is a health and safety issue. It is an
issue that goes to the heart of the economy in this part of Ohio where
we have relatively high unemployment and where Lake Erie is the single
biggest driver of economic activity. In fact, it is the biggest
destination in the State of Ohio. It is our biggest resource for
tourism.
It is not just Lake Erie. We now have this in Grand Lake St. Marys.
There is an advisory out on water in Grand Lake St. Marys, which is a
reservoir that is inland that is a freshwater reservoir south of Lake
Erie. It is the same thing--toxic algal blooms. We had a lot of rain
earlier this spring and
[[Page S6229]]
summer, as those of us in the Midwest will remember, and that washed a
lot of effluent into the lakes, a lot of nitrogen, a lot of
phosphorous--the things that cause algal blooms to grow. Then we had
some hot weather. That is a bad combination.
Again, I see my colleague Senator Brown is on the floor too. We
drafted legislation to get the EPA more engaged in this issue, to help
Ohio more, and to help all of the States represented here.
We have had this legislation on the floor of the Senate for over 40
days--45 days, I think. We have had it cleared on both sides of the
aisle. In other words, there is no substantive concern about it. It
took a while to do that.
We had to work with some people on my side of the aisle who thought
maybe EPA didn't have a role here. But EPA does have a role. It is a
really important role. It can bring best practices, and it certainly
can bring the best research done in the country. It happens to be done
in Cincinnati, among other places, at EPA. We have required EPA under
this legislation to come up with a plan to deal with this issue
immediately for Lake Erie, working with the other agencies, such as
USGS, NOAA, or the National Oceanic and Atmospheric Administration, and
USDA, and to come up with a plan that helps us to deal with this issue
right now.
If you live in the Toledo area this evening, you are worried. There
is a watch on. Once again, you are worried that you are not going to
have water supply that is safe for you and your kids. If you live
somewhere else along the lake--say, in Cleveland or Sandusky--you are
worried too because these same toxic algal blooms know no barriers,
know no boundaries, and they move around the lake.
All we are asking tonight is that we be able to pass legislation that
is straightforward, that is nonpartisan. It is not just bipartisan. I
would say it is nonpartisan. It is very sensible, and it highlights the
need for us to take immediate action because it talks about some of the
issues that are involved.
There are 42 water systems in Ohio that are now susceptible to
harmful algal blooms, for instance. It talks about the fact that we
have to be sure that we are not just protecting Lake Erie but other
bodies of freshwater, and it forces the EPA to come up with a plan that
helps us deal with this issue right now.
This legislation passed the House already. It didn't just pass the
House; it passed the House with a vote of 375 to 37. Not many pieces of
legislation pass the House with those kinds of numbers. Again, Senator
Brown and I have been trying for more than 4 months to get that House-
passed bill passed here in the Senate. We have worked through the
substantive problems. I tried to do this on Thursday evening, and I was
told I had to stop and I was going to get blocked from doing it because
the other side had other legislation they wanted to consider that had
not been passed in the House--much less passed in the House 375 to 37.
If we pass this legislation tonight and if we are able to get it
through with a voice vote and get it done, it will go to the President
and he will sign it. In other words, it will become law. That is what
the people I represent are looking for.
Again, I notice my colleague Senator Brown is on the floor. If he is
interested, I would certainly yield to him. Any comments he has, I
would appreciate hearing.
The PRESIDING OFFICER. The Senator from Ohio.
Mr. BROWN. I will be brief and turn it back to Senator Portman.
We worked on this issue for a long time. We remember what happened
with algal blooms 4 years ago. We remember just last year--1 year ago--
in August, 500,000 people in northwest Ohio didn't have drinking water.
Imagine what that does to a community for 2\1/2\, 3 days.
We know that the Western Basin of Lake Erie is the shallowest part of
any of the Great Lakes--only 30 feet deep in the Western Basin.
Contrast that with Lake Superior, where 600 feet deep is the average.
You can see the vulnerability of Lake Erie and what it means. Whether
it is from runoff, whether it is from agriculture and homeowners and
commercial and industrial establishments, the Maumee River Basin is the
largest river feeding any of the Great Lakes. Whether it is coming
together on climate change and heating of the water and all the issues
that affect the short term and long term, our legislation will help us
this year and help us the next couple of years. We obviously need long-
term solutions. This is critical.
I called the mayor of Toledo today, and I know Senator Portman is
working with the city, the county, the State EPA, and the U.S. EPA on
this. This is very crucial for people in our State and ultimately
throughout the Great Lakes as these problems proliferate.
I yield the floor.
The PRESIDING OFFICER. The Senator from Ohio.
Mr. PORTMAN. Mr. President, I thank my colleague from Ohio for his
good work on this bill. He helped to improve this legislation and make
it more effective. It is about having the EPA play a bigger role on not
only how we monitor but also how we treat the water and how we
establish when there is a problem. This is needed, it is needed now,
and it is immediate.
This is a photograph that was taken about 8 days ago--not this past
week but the weekend before--on the lake. The jar in the photograph was
collected by the charter boat captain. He is actually one of the
charter boat captains who go out every day and collect samples that are
then used by the experts to determine not just where the algal blooms
are but the level of toxicity. This is what we found. As you can see,
that doesn't look very appetizing. It is thick and green. It is filled
with the kinds of toxins that can affect people in very negative ways
if they get in the drinking water. We know that people are getting
rashes right now from some other freshwater reservoirs in our area,
from being in contact with the water.
If we don't deal with this issue, we know we are going to have more
of this. We know it has already cost our communities a lot to mitigate
it. In Grand Lake St. Marys, as I mentioned earlier, they have already
shut down some of the beaches because of this. The city of Celina
spends $450,000 annually to deal with this. So this is also a taxpayer
issue. Columbus was recently forced to spend $700,000 to mitigate an
outbreak in their reservoir. This is happening right now as we speak.
We just want this legislation to be out there as one of the tools in
the toolbox to deal with it, and it is a very sensible one. It gets the
EPA engaged in a way so that Republicans and Democrats in both the
House and Senate can agree on it. Let's get this done tonight.
Unanimous Consent Request--H.R. 212
Mr. President, I ask that we get this legislation done now by asking
unanimous consent that the Senate proceed to H.R. 212, which is at the
desk, and that the bill be read a third time and the Senate vote on
passage of the bill with no intervening action or debate.
The PRESIDING OFFICER. Is there objection?
Mr. WHITEHOUSE. Mr. President, reserving the right to object.
The PRESIDING OFFICER. The Senator from Rhode Island.
Mr. WHITEHOUSE. Mr. President, we have been through this before, so I
think the Senator from Ohio knows what I am going to say. The bill he
proposes to go forward on these terms has been paired by our side with
the National Estuary Program, which, like his bill, is bipartisan and,
like his bill, is not controversial. It has been passed over and over
again by the Senate. Indeed, I think it was originally the work of
Republican Senator John Chafee of Rhode Island. It has been passed by
the House over and over again. This is a reauthorization. If we clear
it through the House, it will go to the President for signing.
Our bill came through the Environment and Public Works Committee in
regular order, whereas this came over from the House, was held at the
desk, was never reviewed by the committee of jurisdiction, and is now
being hotlined, which is fine except that I understand it to be a
tradition around here that we compare noncontroversial bills.
I don't understand. Our bill, the estuary bill, is noncontroversial
also. Our bill is also bipartisan. It is the work of Senator Vitter,
who is the chairman of the committee. Why is there this effort week
after week to separate the two rather than just pass them both?
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Unanimous Consent Request--H.R. 212 and S. 1523
So I ask that the Senator amend his unanimous consent request to read
as follows: I ask unanimous consent that the EPW Committee be
discharged from further consideration of H.R. 212, which is the
Drinking Water Protection Act, a bill to provide for the assessment and
management of the risk of algal toxins in drinking water, and S. 1523,
a bill to reauthorize the National Estuary Program; further, that the
Senate proceed to their immediate consideration en bloc, the Senate
proceed to vote on passage of the bills, and the motions to reconsider
be considered made and laid upon the table with no intervening action
or debate.
If the Senator will agree to that so that the pairing is maintained,
then I will have no objection. If he will not agree to it, then I must
object because I don't know why these bills are being repeatedly taken
apart.
The PRESIDING OFFICER. Does the Senator from Ohio modify his request?
Mr. PORTMAN. No, I can't modify my request because his bill has not
cleared, and he knows that.
The PRESIDING OFFICER. Is there objection to the original request?
Mr. WHITEHOUSE. There is.
The PRESIDING OFFICER. Objection is heard.
The Senator from Ohio.
Mr. PORTMAN. Look, this is ridiculous. We have a health and safety
issue on the floor of the Senate that is ready to go. You just heard
from me and Senator Brown. It is bipartisan, bicameral, and is ready to
go to the President.
I must say to my friend the Senator from Rhode Island, who talked
about his legislation, that I have no problem with his legislation, but
he hasn't had it cleared. The Senator said this has been going on for
weeks and weeks, and that is not true. This came onto our radar screen
on Thursday night of last week when, after over 40 days on the floor
with our bill, we got it all cleared, and then we found out just prior
to my going and asking to have a voice vote on it that now they want to
pair it with another piece of legislation that has nothing to do with
health and safety. It is a reauthorization of a program that has not
been passed by the House. The Senator from Rhode Island said it has
been passed by the House. It has not been passed by the House. It may
have been passed by the House in a previous Congress, but that doesn't
count. What counts is that our bill passed the House with a vote of 375
to 37, and it is now on the floor.
The people I represent deserve to have our government work for them
right now to help deal with this algal bloom problem, and they are
blocking my bill with legislation they say is nonpartisan and
noncontroversial?
I am happy to support their bill. In fact, what I did last week when
I found out about it on Thursday was I started clearing it for them
because they hadn't done it. I put it in the clearance process. As of
today, there are some concerns on my side of the aisle. Nobody has seen
it yet. They are seeing it for the first time. We went out of session
right after I started clearing it, and we are back in session now and
people are looking at it. I am happy to support the Senator's bill, but
the Senator from Rhode Island shouldn't block our bill because they are
looking for me to support their bill. I am happy to support their bill
but not if it is going to keep us from moving forward tonight. I can't
agree to pair it because there will be an objection because people
haven't had a chance to look at it. I know the committee sometimes
likes to pair legislation. They don't always pair legislation, by the
way.
I think it is ridiculous that we can't move forward on a very simple
piece of legislation that we worked on for over 40 days. And everybody
is fine with it. There are no substantive problems. It is a health-and-
safety issue. Let's go ahead with this. In this instance, let's put
partisanship aside.
I support the Senator's bill. I will support his bill. I will vote
for his bill. I will continue to try to clear it even though they
didn't clear it. I am the one trying to clear it. I don't know if they
have even cleared it on their side. I don't know if they even put it in
the process yet. But obviously you have to do that in order for this to
happen.
I am amazed that we are going to actually stop legislation that is
needed right now for legislation that has not passed the House, is not
going to the President for his signature, and is not due to an imminent
health-and-safety issue.
The Federal Government is not going to be there for the people in
northern Ohio and throughout our State who are worried about the algal
blooms right now, because of some disagreement on the floor of this
Chamber where at the very last minute Democrats stepped forward and
said: No, we are not going to let this bipartisan bill go forward
because we want to insist that it be paired with one that has not gone
through the clearance process.
I commit to my friend that I will support his bill. I have had a
chance to look at it over the weekend. I am OK with it. But it has not
been cleared, and it is not going to go to the President for signature.
The House of Representatives is not in session this week, so even if
by some miracle they could get their bill cleared here, they can't get
it cleared by the House because the House is out of session. They are
coming back in September. We are in session. We can get this done. We
can send it to the President. We can let people know they can sleep a
little more comfortably at night, with a little more peace of mind,
knowing that we have actually taken action here to get this expert
agency that deals with water quality engaged and involved to help the
local folks, the State folks, and experts back home to be able to do
the right thing so they can avoid another water crisis and all of the
issues Senator Brown and I saw when we were up there.
I went up with bottles of water, threw them in the back of my pickup,
and they were gone like that. Why? Families were desperate to be sure
they had water for their kids. Mothers were desperate to make sure they
had water to be able to ensure that their families weren't going to be
left without access to what is perhaps the most important thing any of
us can imagine, which is clean water one can drink and use for cooking.
Unanimous Consent Request--H.R. 212
I again ask unanimous consent that my colleague yield and that we
allow this bill to go forward. I ask unanimous consent that the Senate
proceed to H.R. 212, which is at the desk, that the bill be read a
third time, and that the Senate vote on passage of the bill with no
intervening action or debate.
The PRESIDING OFFICER. Is there objection?
Mr. WHITEHOUSE. I object.
The PRESIDING OFFICER. Objection is heard.
Mr. PORTMAN. I am sorry to hear that. I will be back again tomorrow
and the next day. I will be back again and again because we want to get
this done. This is simple. There is no real mystery here. This is an
opportunity to get something done that helps people not just in my
State but around the country deal with a very real problem they are
facing this summer, now.
The PRESIDING OFFICER. The Senator from Rhode Island.
Mr. WHITEHOUSE. Mr. President, may I suggest to my friend the Senator
from Ohio that if he is going to keep coming back every day, it might
be productive if during the course of the day he were to get his side
to clear the paired piece of legislation, which, as I have said, is
bipartisan. His colleague Senator Vitter, for instance, is the co-
author of it. It has cleared the EPW Committee, which is chaired and
run by the Republicans now. If their side isn't aware of this bill, it
came through regular order through the committee that they run. If
their side isn't aware of this bill--it has been sitting over here ever
since it cleared the committee. All they have to do is clear it, and we
will be done.
So perhaps if the Senator will put his effort into clearing a
noncontroversial, bipartisan bill that for decades has been passed and
reauthorized by this body, then we can move forward. It should be a
fairly easy task. I would be very happy to support him in any way I
can.
With that, I yield the floor.
The PRESIDING OFFICER. The Senator from Ohio.
Mr. PORTMAN. So this is all about leverage--to leverage me to be able
to help you on your bill, which I told you I support, in order for us
to get something done that has been on the floor for over 40 days.
Look, I am happy to talk to my colleagues. I am the one who started
[[Page S6231]]
clearing this on our side of the aisle. You guys didn't. I am happy to
talk to colleagues who have concerns. But they get a chance to look at
it, just as you had a chance to look at our bill over the last 45 days.
So if this is all about leverage, you got me. You have leveraged me.
You have already done it. You have succeeded. I already started
clearing it. I support it. I am happy to help, and I am sure Senator
Brown is happy to help also, but let's not block this in the meantime.
We will be able to get your bill done; I am sure of it. I am sure, if
it is as popular as you say it is, we can get it done in the House too.
It has not cleared the House at this point. In the meantime, let's not
block this legislation. This is ridiculous. This is not the way this
Senate ought to operate.
We have a smart bill on the floor that has been looked at over 40
days. It is ready to go. It has been cleared by both sides. There are
no substantive concerns. And it is time that we deliver for the people
we represent.
I thank the Presiding Officer.
The PRESIDING OFFICER. The Senator from Rhode Island.
Mr. WHITEHOUSE. Mr. President, I respect the Senator from Ohio
greatly. I know this lake is important to him. We are a State that is
wrapped around the estuary, Narragansett Bay, and that, too, is
important to us. If my friend is sure, as he just said, that this bill
will clear on his side, then I urge him to please go ahead and clear
it, and let's clear this unnecessary blockage and move both good bills
forward.
I yield the floor.
The PRESIDING OFFICER. The Senator from Kansas.
Planned Parenthood
Mr. MORAN. Mr. President, just a short time ago, the Senate rejected
legislation that would promote and protect women's health and protect
the lives of unborn children. The legislation introduced by Senator
Joni Ernst would deny the Nation's largest abortion provider taxpayer
funding and shift that funding to local health organizations to provide
necessary health care and medical treatment for women.
This issue arises once more after the release of several undercover
videos that successively have become more gruesome than the last. The
videos of Planned Parenthood that have been released so far reveal the
breadth of institutionalized disregard for human life at its earliest
stages.
At the basic level of decency, we are repulsed by these videos
because science and reason inform our consciences and lead us to the
inescapable conclusion that lives are being ended through this
exploitation. If individual organs and tissues can be harvested from
aborted babies, it is impossible to make the case that this is not a
human life that is being destroyed. Why do we place more value on the
parts and the pieces of a human life than the life as a whole?
In one of those videos, Planned Parenthood's senior director of
medical services noted: ``We've been very good at getting heart, lung,
and liver, because we know that, so I'm not gonna crush that part, I'm
going to basically crush below, I'm gonna crush above, and I'm gonna
see if I can get it all intact.''
Another Planned Parenthood official in another video--this one from
California--said this:
It's been years since I talked about compensation, so let
me just figure out what others are getting. If this is in the
ballpark, it's fine. If it's still low, then we can bump it
up. I still want my Lamborghini.
These words by two different officials in two different settings
reflect a view that unborn children are nothing more than a commodity
to be exploited and abused and they seemingly would do that for
material gain. Is this where we would want our scarce tax dollars to
go? In fact, if we had an abundance, is this a place we would want
those dollars to go?
Critics contend that the videos are heavily edited. Yet the videos
have been released in their entirety and the transcripts of the full
conversations have been provided. It is telling that despite full
access to what was discussed, these critics have not been able to
justify their grotesque practices being described, nor the
inappropriate tone adopted with regard to selling tissues and organs of
an unborn child.
This isn't news. We have long known of the hundreds of thousands of
abortions Planned Parenthood performs each year. If we can only avert
our eyes and look the other way, as critics would have us do, we can
avoid what is obscene and hugely uncomfortable. That can no longer
happen. Light needs to be shed on an organization that destroys human
lives while hiding behind the veil of women's health services.
It is alarming that Politico reports that Planned Parenthood's public
relations firm is requesting that members of the media refrain from
airing the videos that expose the truth of Planned Parenthood
practices. We cannot allow atrocities such as this to be swept under
the rug because of the power this organization wields.
Kansans have long made it clear they don't want their tax dollars
contributing to abortion providers, and I have worked to make their
voices heard in Washington. Taxpayers should not fear that their money
is going to fund actions they find sincerely and seriously morally
wrong. This legislation would prevent taxpayer dollars from funding
Planned Parenthood, allowing our taxpayers peace of mind and a sense of
morality that their hard-earned money is not facilitating something
they abhor.
Instead, S. 1881 would reallocate the funds Planned Parenthood
receives through grants back into their communities. The money would go
to local health care providers that offer important women's health
services, allowing them to care for more women in their communities. By
distributing the funds Planned Parenthood currently receives through a
grant process to community health centers, we can increase the number
of women's health care providers instead of funding a contentious
organization that ends life. In fact, in our State, there are two
offices of Planned Parenthood, but there are 50 community health
centers. It would actually be more available. Women would have more
access to health care services if the money was provided through
community health centers. We are a rural State and only through that
process would many women be able to access this service. Hard-working
Americans--our constituents--deserve to have their taxpayer dollars
going toward local community centers and county health departments,
places that value life instead of destroying it.
Women deserve affordable health care, and it is being provided by a
number of organizations that have nothing to do with abortion. We can
and should support these health providers and we can and should protect
the unborn. We can do both. S. 1881 would be a significant step, an
important step, in accomplishing both of those goals, and I believe it
should have passed with broad support.
Though I am deeply disappointed by the result of tonight's vote, I
remain hopeful for a solution that will advance the life and health of
both mother and child. In fact, as science improves our understanding
of the unborn and the practices of abortion providers are further
exposed, I think a solution will be inevitable.
Unfortunately, that time apparently has not yet come, but I and
others will remain focused on this goal. I encourage my colleagues in
the Senate to act appropriately to do the same.
Mr. President, I yield the floor.
The PRESIDING OFFICER. The Senator from North Dakota.
Honoring Vietnam Veterans and North Dakota's Soldiers Who Lost Their
Lives in Vietnam
Ms. HEITKAMP. Mr. President, I rise to speak again about the 198
North Dakotans who died during the Vietnam war. In a moment I will
speak about some of the things I have learned about who they are.
I also wish to thank Vietnam veterans who have served our State and
our country, and one of those Vietnam veterans is Robert ``Bob'' Wefald
of Bismarck.
The year Bob graduated from the University of North Dakota, he
enlisted in the Navy. He served 3 years on Active Duty during the
conflict in Vietnam. In Bob's 2010 autobiography titled ``Moments,'' he
wrote: ``Going to WESTPAC and Vietnam was the biggest and most intense
experience of my 27 years in the Navy.'' After his Active-Duty service,
Bob continued to serve his country in the Naval Reserve.
In 1970, Bob began law school at the University of Michigan and saw
his
[[Page S6232]]
classmates being drafted to serve in Vietnam. As a part of the
university's student board of governors, Bob led the movement for the
dean to promise to allow drafted students to return to law school after
completing their service.
While in Michigan, Bob met and married the love of his life, Susan.
They moved to Bismarck, ND, and spent their careers and even now their
retirement in public service.
Bob's first job after law school was clerking for the North Dakota
Supreme Court. He later worked in private practice as an attorney. In
1981, he was elected North Dakota's Attorney General. I have him to
thank for appointing me as assistant attorney general in the tax
department and for fighting for me to earn a decent wage while I was in
that position. Bob made me say that.
In 1998, Bob was elected as a district court judge and served there
until his retirement in 2010. While working, Bob and Susan, who was
North Dakota's public service commissioner for 16 years, raised three
children. Throughout their careers, and now, Bob and Susan have both
volunteered to serve on many boards and organizations throughout our
State, including the Boys and Girls Scouts, the American Legion, and
Boys State.
Bob was the spark that lit the fire in making two significant
military projects a reality for North Dakota. One was establishing a
State veterans cemetery and the other was having a Navy ship named
after North Dakota--the USS North Dakota. Both ideas became a reality.
For over 20 years, the vets cemetery outside my community of Mandan has
been a beautiful resting place for those who gave so much to our
country. In 2013, I had the honor of attending the 2013 christening of
the USS North Dakota, and I could see Bob's involvement in every
thoughtful detail.
Bob is an example of a true public servant. Thank you, Bob, for your
continued drive and your dedication to service. North Dakota loves and
appreciates you.
Bob also wanted to make a point to publicly recognize other people's
service and sacrifice. One of Bob's University of North Dakota Sigma
Chi Fraternity brothers, Bill Potter served in the Air Force and died
serving in the Vietnam war. Bob regularly writes about Bill to
encourage others to remember and honor Bill.
Now I am going to conclude my series of speeches on the floor of the
U.S. Senate by remembering Bill Potter, as well as other North Dakotans
who died during the Vietnam war. Today is the last of my weekly trips
to the Senate floor to talk about the men from our State who died
during the war. I have taken to the floor 15 times to honor these
fallen soldiers, these fallen heroes, and every time has been an
enormous and special privilege. I have made it a point to reach out to
the families of each of the 198 North Dakotans who lost their lives in
Vietnam. I wanted to speak about each man so his family, friends, and
people who served with him would know how much we appreciate who he was
and what he did for us. Learning from family members about each man has
truly been a great honor. To everyone who shared with us, I imagine it
was difficult to speak about your loved one, and I can honestly say
that doing so made a difference to my staff, made a difference to so
many people, made a difference to many of the Senators who have
listened to these speeches, and I hope it has made a great difference
to the young pages who have been so patient as I have talked about
these fallen heroes.
William ``Bill'' Potter
Today I begin with William ``Bill'' Potter. Bill was from Grand
Forks. He was born December 28, 1942. He served as a pilot in the Air
Force's 432nd Tactical Recon Wing. Bill was 25 years old on February 5,
1968, when his plane was shot down and burned.
The Air Force awarded Bill the Air Medal and the Distinguished Flying
Cross in recognition for his heroism in aerial flight. For 7 years
after Bill's plane crashed, the Air Force listed Bill as missing in
action.
Bill was survived by his wife Betsy. Betsy wrote the following poem
regarding the need in her life to file for divorce from Bill while he
was listed as missing. Eyewitnesses had described watching his plane
crash and burn. This is her poem:
In my adult life as a serviceman's wife
I stayed home so ``the man'' could deploy.
Had dependent I.D. card--and first passport got stamped
'66 was a year of some joy
'67 not bad--'68 very sad
Potter's body got lost in Nam's shuffle
MIA was the status, completely non-gratis
And the Air Force told me that I should muffle.
Crashed in Laos (the site)
and try as I might
D.O.D would not call it a death.
Civil court was my choice if I wanted a voice
for my life to move forward with breadth.
As I saw no dishonor to distance myself
from a pilot flown into the earth.
The life I have led since Bill Potter was dead
Second husband, kids/grandkids and mirth.
Peter Rice career Navy,
now our son in the Army
continued our serviceman's code
As a widow, wife, mother, North Dakotan or OTHER
I have carried my share of the load.
Herbert ``Herb'' Lapp
Herbert ``Herb'' Lapp was from Hebron. He was born February 1, 1923.
He served in the Army's 25th Infantry Division. Herb was 43 years old
when he died on July 3, 1966.
He had seven brothers and eight sisters. Herb's sister Betty
remembers him as someone with a great sense of humor and that he was
easy to get along with.
Herb enlisted in the Army as a young man and served in World War II
prior to serving in Vietnam. Five of his brothers served their country
by serving in the military, and Herb's younger brother Edwin was killed
in action in the Korean war.
Herb was then killed early in the Vietnam war, when he was shot in
the stomach.
In addition to his mother and siblings, Herb was survived by his wife
Juanita; daughter Diana; and son Marcus.
Roger Alberts
Roger Alberts was from Fort Totten. He was born on July 11, 1947. He
served in the Army's 1st Infantry Division. Roger died on February 5,
1968. He was 20 years old.
Roger was the ninth of 10 children, and his older sister Winona
helped her parents raise Roger. Winona remembers Roger as a quiet
person who did many great things, including helping his family around
their home. Winona said, ``Everything was good about that young boy.''
Roger had a desire so strong to serve his country that he enlisted in
the Army before he graduated from high school. At the same time that
Roger was serving in Vietnam, his brother Allen was serving in the Navy
on a ship close to Vietnam. Allen remembers looking toward Vietnam and
seeing flares and wondering where Roger was and if he was OK.
When he had less than a month to serve in Vietnam, Roger was shot. On
February 2, his family received notice that Roger was missing. Finally,
at the end of February, the Army confirmed that they found his body and
that Roger had been killed. They later learned from another North
Dakota soldier, Wesley Howling Wolf, that when Roger died, Wesley hid
his body so the opposing forces would not be able to find his body, but
after hiding Roger's body, Wesley was hurt and went into a coma. When
he awoke, he told the Army officials that he had hidden Roger's body to
protect him and Roger was found.
Roger's family appreciates the Army for sending an escort to remain
with Roger's body until he could reach them in North Dakota, and to
Roger's girlfriend for giving them the letters he wrote while Roger was
serving in Vietnam.
Mitchel ``Mitch'' Hansey
Mitchel ``Mitch'' Hansey was a native of Scranton and was born March
25, 1947. Mitchel died December 14, 1968. He was 21 years old.
He grew up on his family's farm and was the oldest of eight children,
born to Dennis and Bertha Hansey. In his early years, he attended
country school, and later graduated from Scranton High School.
His youngest sister Gwyn laughs and remembers the time she felt
Mitchel saved her life by kicking a grasshopper off her leg despite his
arms being full of the groceries he was carrying.
Mitchel's family is dedicated to serving their country. His father
Dennis served in the Army during World War
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II. His brother Terry served in the Marines, and his brother Gail
served in the Army.
Mitchel's siblings remember him sending them letters from Vietnam
with pictures of himself on a boat. They understand that when he was on
his way to mail them Christmas cards, Mitchel fell off a plank as he
was walking between two ships and drowned.
Michael ``Mike'' Wolf, Jr.
Michael ``Mike'' Wolf, Jr., was from Beulah, and he was born June 27,
1946. He served in the Marine Corps H Company, 2nd Battalion, 5th
Marines, 1st Marine Division. He was 21 years old when he died on
September 10, 1967.
He was the fifth of 12 children. Mike's sister Laurel said Mike was a
quiet man who was involved in just about every sport offered in high
school. His dream was to work as a high school coach someday. Mike
enlisted at the same time as his cousin Rick Wolf and two of their
friends from Beulah enlisted. The day he died, Rick was sent ahead as a
scout and was killed in an ambush. He had been expected to return home
about 3 weeks later.
Mike's 1955 Pontiac Chieftain sat in the yard for 30 years. Laurel's
husband spent 10 years restoring Mike's car and gave it to Laurel's son
Donovan, who is currently having it painted. As a tribute to Mike, they
made a scrapbook which shows the process of restoring his car.
Randolph ``Randy'' Marthe
Randolph ``Randy'' Marthe was from Esmond. He was born November 17,
1950. He served in the Army's 52nd Artillery Group. Randy died March
31, 1971. He was 20 years old.
He was the youngest of his family of 10 children. His older siblings
enjoyed spoiling him and treating him like the baby of the family.
Randy's sister Rita said he was a good, quiet boy who liked to have fun
and never caused his parents any problems. Rita remembers that after
she was married and living on a farm, Randy and two of his brothers,
Pat and Dale, would go to Rita's farm to help. Rita's basement bathroom
shower had a window in it, and Randy had a great time surprising his
showering brothers with a blast of cold water from the garden hose.
Randy's family appreciates the calls he made and letters he sent them
from Vietnam. Rita remembers Randy calling her from Vietnam. He said he
would be going on duty for a while, so she would not hear from him
again for a while. She never heard from him again.
The Army awarded Randy the Silver Star for gallantry due to his
heroic actions the day he was killed in Vietnam. That day, Randy's
firebase was under heavy attack and he defended his position, despite
being injured and ultimately sacrificing himself, which saved the lives
of many of his fellow soldiers.
In 2010, Randy's family was touched to read a Benson County Farmer's
Press column written by a young woman, Shell Eyl, who was born after
Randy died but thought about Randy because she spent time as a child at
the Randy Marthe Memorial Park in Esmond. Shell wrote about what giving
up your life for country truly means. She described a lifetime of
moments Randy didn't get to have, such as hot summer days by the lake
and walking his daughters down the aisle. Shell concluded her column
describing that Randy didn't die so his name would be etched on a
granite wall or for a park named after him. He died and gave up
everything so you and I could have it all.
Thomas ``Tom'' Senne
Thomas ``Tom'' Senne was from Valley City, and he was born November
14, 1948. He served in the Army's 1st Infantry Division. Tom died on
October 26, 1968. He was 19 years old.
Tom worked at the Red Owl store in Valley City and was looking
forward to a future in that business. He was a great athlete and top
wrestler at his high school. Everyone knew and loved Tom. He made
friends easily. He was so well liked that sometimes folks would look
the other way when he did things like take part in an impromptu drag
race down Central Avenue in Valley City on a Sunday morning. Now, I
would just tell you that is hearsay.
Tom came from a family with a deep history of serving their country.
His dad served in World War II, his uncles from both sides of his
family served in either World War II or Korea, and two of his brothers
served with the National Guard.
Cleo Levang
Cleo Levang was from Forman. He was born February 6, 1946. He served
in the Marine Corps, Company I, 3rd Battalion, 7th Marines, 1st Marine
Division. Cleo died on January 5, 1967. He was just 20 years old.
He was the third of four children born to Cliff and Leckny Levang and
grew up on his family's farm northwest of Forman. His sister Bev said
Cleo loved to tease in good fun. She recalls Cleo visiting her,
sneaking around behind her in the kitchen and opening the cupboard
doors behind her. After closing them several times, she finally
realized her jokester brother was behind the recurring problem. Bev's
son Rick also went into the Marine Corps. Bev said that seeing Rick
wearing a marine uniform is a striking similarity to Cleo in his
uniform.
My friend from Rutland, Bill Anderson, remembers Cleo well. He said
that Cleo was a tall, good-looking guy with a ready smile. He
particularly remembers Cleo's exceptional musical talent, playing
``Bugler's Holiday'' in a trumpet trio with the Sergeant Central Cadets
Marching Band. Bill said that band, ``The Governor's Band,'' was, in
fact, the best in the State.
After high school, Cleo moved to Wisconsin to work, but his love of
the trumpet and music drew him back to North Dakota and he enrolled in
college to study music. With the Vietnam War beginning, Cleo joined the
Marines. After learning of his death, his family said the 2 weeks it
took for his body to arrive felt like an eternity.
Bev appreciates the meaningful yet difficult phone call she received
about 10 years ago from the marine who was with Cleo the day he died.
David ``Dave'' Nesset
David ``Dave'' Nesset was from Fargo. He was born April 16, 1942. He
served in the Army's 1st Cavalry Division. Dave died on April 19, 1968,
3 days after his 26th birthday.
Dave and his sister Arlene grew up in Fargo. Their father Oscar
worked for the North Dakota State University Extension Service and
lived in different parts of the world, including Iran and Korea, with
his wife and children. After graduating from Fargo Central High School,
Dave earned a degree from NDSU. He enlisted in the Army and became a
helicopter pilot.
Dave's sister Arlene named her son David after her brother. The
younger Dave remembers his uncle's infectious smile and said it was
always a pleasure to see him. He was their ``cool'' uncle. He still
clearly remembers when he was in the third grade and his mother
received a call in the middle of the night from her parents in Korea
explaining that Dave was missing and, a few hours later, an officer
coming to his door to deliver his mother a telegram explaining her
brother had died.
Dave and Arlene's mother Ruth lives in Colorado and is 104 years old.
She is a woman who has buried both of her children during her lifetime.
David Johnson
David Johnson was born August 20, 1950. He spent his high school
years in West Fargo. He served in the Army's 25th Infantry Division.
David was only 19 years old when he died on May 17, 1970.
Right after high school, David chose to enlist in the Army. His
sister Eva believes David's trip to basic training in California was
his first airplane ride. While David was serving in Vietnam, Eva's
first daughter, Stephanie, was born. David became Stephanie's godfather
by proxy. About 2 months later, Dave was wounded and died. When she had
children of her own, Stephanie named her son Nelson David in honor of
the uncle she never met.
In the 1980s, the Fargo area Armed Forces rededicated a building the
David F. Johnson United States Armed Forces Reserve Center. Fargo
residents chose David for his contributions, recognizing his Army
medals, including the Silver Star, Bronze Star, Purple Heart, Army
Commendation Medal, and the Combat Infantryman's Badge.
Members of David's 3rd Platoon, called the Bobcats, maintain contact
with David's family. In June, the Bobcats held their annual reunion in
Fargo. They held a memorial service and visited David's grave. His
sisters and their families were thankful to the Bobcats for inviting
them and helping David's memory to live on.
[[Page S6234]]
Jon Robbins
Jon Robbins was from Dickinson, and he was born November 22, 1947. He
served in the Army's 56th Postal Unit as a clerk. Jon died February 23,
1969. He was 21 years old.
Lester Davies is a man who calls himself Jon's Army buddy.
I want to read a poem that Lester shared that he wrote about Jon the
day Jon died. I think Lester's poem is a tribute to all of the people
who served in the Vietnam War who had little to no combat training.
These people were nurses, clerks, and other staff. Lester's poem is
titled, ``The February Awakening.''
From peaceful sleep and dreams of home
I'm thrown into the night.
At two A.M. the twenty-third
I know that I must fight,
For sirens blow, as rockets fall
And flares illume the night.
I still recall with saddened heart
The night I went to war
And how I lost, so thoroughly,
My innocence before.
I know that I will ne'er forget
The UGLINESS of war.
When charlie hit from out 'the night
He came intent to kill.
Just office clerks who'd never fought,
We met him on our will.
And so the price we paid was dear--Jon Robbins did they kill!
A shocking hell to see him fall, But one of many more.
And now I wonder why I made it
Through that night of war.
Yes I'm alive and free to do
What Jon will do no more--
And so I'll ne'er forget my friend
Who wanted so to live.
Who gave for us his precious life
The most a man can give.
In freedom's name my buddy died
In his name must I live.
This is the 50th commemoration of the Vietnam War, and we all have an
important part to play in recognizing those soldiers and families who
gave so much and who were rewarded so little at the time.
This has been a project of great emotion for me and great love, and I
encourage other people to pick up the mantle and remember those
soldiers who gave their all.
Thank you, Mr. President.
I yield the floor.
The PRESIDING OFFICER. The Senator from Utah.
Planned Parenthood
Mr. LEE. Mr. President, I rise in support of S. 1881, which would
transfer Federal funds now granted to Planned Parenthood to other
women's health care and counseling centers. It is a modest, commonsense
response to the blood-chilling scandal besetting America's leading
abortion provider.
To date, only 4 of the promised 12 undercover videos of Planned
Parenthood officers and facilities have been released. To be sure, in
coming months there will be more revelations about Planned Parenthood's
profiteering, violence, and fraud. There will be congressional
investigations to cut through the obstructions and obfuscations of
Planned Parenthood's army of lawyers, spokespeople, and friends in the
media. There will be criminal investigations into whether physicians
altered procedures in violation of the law and in violation of medical
ethics to maximize the prices they could charge for the remains of
their victims. There will be inquiries into Planned Parenthood's army
of clerks, lawyers, and bookkeepers who turned barbarism into commerce.
There might well be civil litigation brought against Planned Parenthood
by former patients who did not realize their harrowing personal ordeals
were being exploited for profit by people they thought they could
trust.
It may be some time before all the facts come out about the full
scope of Planned Parenthood's moral and economic corruption, but the
revelations exposed in just the first four videos all by themselves are
more than enough to disqualify Planned Parenthood from continued
taxpayer support. After all, nobody is entitled to taxpayer money.
Nobody is entitled to it. Nobody can just assume that it is theirs.
Recipients have to continually demonstrate their worthiness for public
support.
I think we can all agree it is not too much to ask that our women's
health care grants not finance a criminal conspiracy against American
women and children. So, of course, we should pass Senator Ernst's bill.
Now, it does not cut any funding. We have to remember that. It does not
cut anything; it just transfers Planned Parenthood's grants to other
women's and community health centers.
This is a no-brainer. This is something every Member of this body
should be able to vote for and do so enthusiastically. Yet this bill
did not pass today. It did not get past the cloture vote. Planned
Parenthood's defenders don't even want to debate it. They are not
willing even to bring it to the floor to allow it to be debated,
discussed, and voted on on the merits at the end of the day.
Now, in a sense, I cannot say I blame them, but the fear of open
dialogue on the other side of the aisle is itself part and parcel of
the unfolding scandal. Now, let's be honest. Let's be honest about the
fact that the multibillion-dollar abortion industry includes grisly
revenue streams, legal corner-cutting, and the bullying dehumanization
of the human family's most vulnerable members. This should not surprise
anyone who gives the matter 5 minutes of concentrated thought. For all
of the political spin, at the end of the day, Planned Parenthood makes
its money doing things any child could tell you are simply
indefensible. That is why those things are almost never actually
defended, including on this floor today. Defenders of Planned
Parenthood offer, instead, gauzy rhetoric about ``care'' and ``access''
and ``choice,'' which are totally irrelevant to Senator Ernst's
thoughtful, focused compromise proposal.
On the other hand are the shocking words at the heart of this
scandal. Shocking words like ``abortion,'' ``organ,'' ``price,''
``crunch'' are carefully, almost religiously avoided. That is what you
do when you are forced to defend the indefensible. You distract, you
confuse, you talk about anything else besides the facts at hand. In
this debate, Planned Parenthood's defenders' true adversary is not the
Center for Medical Progress or the pro-life movement or the millions of
even pro-choice Americans outraged by the scandal. Like all defenders
of institutional violence, their real adversary is the truth.
The pro-life movement today may love different sinners and hate
different sins than previous social reform movements, but they fight
for the same truth: that not only are all men created equal but that
all human beings are, in fact, human beings. Abortion on demand
survives today as other peculiar institutions once did, violating a
universal moral principle by disguising a biological fact.
Such is the nature of violence. As the Russian writer Aleksandr
Solzhenitsyn put it in his Nobel lecture in 1974:
[L]et us not forget that violence does not live alone and
is not capable of living alone: it is necessarily interwoven
with falsehood. Between them lies the most intimate, the
deepest of national bonds. Violence finds its only refuge in
falsehood, falsehood its only support in violence. Any man
who has once acclaimed violence as his method must inexorably
choose falsehood as his principle. At its birth violence acts
openly and even with pride. But no sooner does it become
strong, firmly established, than it senses the rarefaction of
the air around it and it cannot continue to exist without
descending into a fog of lies, clothing them in sweet talk.
It does not always, not necessarily, openly throttle the
throat, more often it demands from its subjects only an oath
of allegiance to falsehood, only complicity in falsehood.
Complicity in falsehood, Mr. President, that some of us created in
the image and likeness of a loving God are not; that some of us endowed
with inalienable human rights weren't; that because of the color of our
skin, the arrangement of our genes, the content of our prayers or the
tiny size of a little girl's hand, some of us become them--all to
absolve ourselves from doing to them, to the weak, the vulnerable, the
voiceless, terrible, unspeakable things that we know are terrible. That
is what violence demands.
Because the inhumane but all too common logic goes: If we all do it,
and we all agree only to speak of it in comforting words, then, maybe,
just maybe, we can tell ourselves it isn't wrong. ``Clump of cells,''
``tissue specimens,'' ``products of conception''--but even as we grope
through this fog of lies, we all know the truth. We know that one day,
that truth is going to burn through the euphemisms like the sun through
the clouds. When that day comes, we are going to have to choose whether
to stay complicit in the falsehood, to crouch down a while longer in
our comforting fog or stand up and face the searing truth of what is
being done to these little hands and hearts, our
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fellow passengers to the grave, still so fresh from God.
The day will come when, in an act not of reckoning but of love,
America finally sets these things right in full. That day is not yet
here. For now, even though Planned Parenthood apparently breaks some
laws, its lucrative business remains protected by others.
So even when we do pass the Ernst bill, and we will one day soon,
Planned Parenthood will nonetheless continue at least for a while in
its grisly work, but not in our name, and not with our money. Planned
Parenthood has betrayed our trust and the trust of the women who came
to them for help. Within the community of women's health and services,
even among those who support its mission, Planned Parenthood now stands
apart.
Planned Parenthood has chosen a path we cannot follow, crossed a line
we cannot ignore, and profited from an unspeakable business we cannot
support. We can, and under the Ernst bill we will, support health care,
especially for vulnerable women and children who are always targets for
exploitation. That is why we must pass the Ernst bill, and why I urge
my colleagues to support it, to protect America's women and children
from Planned Parenthood's ongoing abuse and to protect American
taxpayers from financing it.
We no longer have to be complicit in the lie of Planned Parenthood or
the violence that it protects. The Ernst legislation, S. 1881, finally
accepts the facts, embraces the truth, and would help move our Nation a
small step forward toward the culture of life America's every mother
and child deserve.
I yield the floor.
The PRESIDING OFFICER. The majority leader is recognized.
____________________