[Congressional Record Volume 161, Number 167 (Tuesday, November 10, 2015)]
[Senate]
[Pages S7915-S7917]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. CORNYN (for himself and Mr. Manchin):
S. 2268. A bill to award a Congressional Gold Medal to the United
States Army Dust Off crews of the Vietnam War, collectively, in
recognition of their extraordinary heroism and life-saving actions in
Vietnam; to the Committee on Banking, Housing, and Urban Affairs.
Mr. CORNYN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2268
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dust Off Crews of the
Vietnam War Congressional Gold Medal Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) a United States Army Dust Off crewman is a helicopter
crew member who served honorably in the Vietnam War aboard a
helicopter air ambulance under the radio call sign ``Dust
Off'';
(2) Dust Off crews performed aeromedical evacuation for
United States, Vietnamese, and allied forces inside South
Vietnam from May 1962 through March 1973.
(3) nearing the end of World War II, the United States Army
began using helicopters for medical evacuation and years
later, during the Korean War, these helicopter air ambulances
were responsible for transporting 17,700 United States
casualties;
(4) during the Vietnam War, with the use of helicopter air
ambulances, United States Army Dust Off crews pioneered the
concept of dedicated and rapid medical evacuation and rescued
almost 900,000 United States, South Vietnamese, and other
allied sick and wounded, as well as wounded enemy forces;
(5) helicopters proved to be a revolutionary tool to assist
those injured on the battlefield;
(6) highly skilled and intrepid, Dust Off crews were able
to operate the helicopters and land them on almost any
terrain in nearly any weather to pick up wounded, after which
the Dust Off crews could provide care to these patients while
transporting them to ready medical facilities;
(7) the vital work of the Dust Off crews required
consistent combat exposure and often proved to be the
difference between life and death for wounded personnel;
(8) the revolutionary concept of a dedicated combat life-
saving system was cultivated and refined by United States
Army Dust Off crews during 11 years of intense conflict in
and above the jungles of South Vietnam;
(9) innovative and resourceful Dust Off crews in Vietnam
were responsible for taking the new concept of helicopter
medical evacuation, born just a few years earlier, and
revolutionizing it to meet and surpass the previously
unattainable goal of delivering a battlefield casualty to an
operating table within the vaunted ``golden hour'';
(10) some Dust Off units in Vietnam operated so efficiently
that they were able to deliver a patient to a waiting medical
facility on an average of 33 minutes from the receipt of the
mission, which saved the lives of countless personnel in
Vietnam, and this legacy continues for modern-day Dust Off
crews;
(11) the inherent danger of being a member of a Dust Off
crew in Vietnam meant that there was a 1 in 3 chance of being
wounded or killed;
(12) many battles during the Vietnam War raged at night,
and members of the Dust Off crews often found themselves
searching for a landing zone in complete darkness, in bad
weather, over mountainous terrain, and all while being the
target of intense enemy fire as they attempted to rescue the
wounded, which caused Dust Off crews to suffer a rate of
aircraft loss that was more than 3 times that of all other
types of combat helicopter missions in Vietnam;
(13) the 54th Medical Detachment typified the constant
heroism displayed by Dust Off crews in Vietnam, over the span
of a 10-month tour, with only 3 flyable helicopters and 40
soldiers in the unit, evacuating 21,435 patients in 8,644
missions while being airborne for 4,832 hours;
(14) collectively, the members of the 54th Medical
Detachment earned 78 awards for valor, including 1 Medal of
Honor, 1 Distinguished Service Cross, 14 Silver Star Medals,
26 Distinguished Flying Crosses, 2 Bronze Star Medals for
valor, 4 Air Medals for valor, 4 Soldier's Medals, and 26
Purple Heart Medals;
(15) the 54th Medical Detachment displayed heroism on a
daily basis and set the standard for all Dust Off crews in
Vietnam;
(16) 5 members of the 54th Medical Detachment are in the
Dust Off Hall of Fame, 3 are in the Army Aviation Hall of
Fame, and 1 is the only United States Army aviator in the
National Aviation Hall of Fame;
(17) Dust Off crew members are among the most highly
decorated soldiers in American military history;
(18) in early 1964, Major Charles L. Kelly was the
Commanding Officer of the 57th Medical Detachment (Helicopter
Ambulance), Provisional, in Soc Trang, South Vietnam;
(19) Major Kelly helped to forge the Dust Off call-sign
into history as one of the most welcomed phrases to be heard
over the radio by wounded soldiers in perilous and dire
situations;
(20) in 1964, Major Kelly was killed in action as he
gallantly maneuvered his aircraft to save a wounded American
soldier and several Vietnamese soldiers and boldly replied,
after being warned to stay away from the landing zone due to
the ferocity of enemy fire, ``When I have your wounded.'';
(21) General William Westmoreland, Commander, Military
Assistance Command, Vietnam (1964-1968), singled out Major
Kelly as an example of ``the greatness of the human spirit''
and highlighted his famous reply as an inspiration to all in
combat;
(22) General Creighton Abrams, Westmoreland's successor
(1968-1972), and former Chief of Staff of the United States
Army, highlighted the heroism of Dust Off crews, ``A special
word about the Dust Offs . . . Courage above and beyond the
call of duty was sort of routine to them. It was a daily
thing, part of the way they lived. That's the great part, and
it meant so much to every last man who served there. Whether
he ever got hurt or not, he knew Dust Off was there.'';
(23) Dust Off crews possessed unique skills and traits that
made them highly successful in aeromedical evacuation in
Vietnam, including indomitable courage, extraordinary
aviation skill and sound judgment under fire, high-level
medical expertise, and an unequaled dedication to the
preservation of human life;
(24) members of the United States Armed Forces on the
ground in Vietnam had their confidence and battlefield
prowess reinforced knowing that there were heroic Dust Off
crews just a few minutes from the fight, which was
instrumental to their well-being, willingness to fight, and
morale;
(25) military families in the United States knew that their
loved ones would receive the quickest and best possible care
in the event of a war-time injury, thanks to the Dust Off
crews;
(26) the willingness of Dust Off crews to also risk their
lives to save helpless civilians left an immeasurably
positive impression on the people of Vietnam and exemplified
the finest American ideals of compassion and humanity; and
(27) Dust Off crews from the Vietnam War hailed from every
State in the United States and represented numerous ethnic,
religious, and cultural backgrounds.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President pro tempore of the Senate
shall make appropriate arrangements for the presentation, on
behalf of Congress, of a single gold medal of appropriate
design in honor of the Dust Off crews of the Vietnam War,
collectively, in recognition of their heroic military
service, which saved countless lives and contributed directly
to the defense of our country.
(b) Design and Striking.--For the purposes of the award
referred to in subsection (a), the Secretary of the Treasury
shall strike the gold medal with suitable emblems, devices,
and inscriptions, to be determined by the Secretary, in
consultation with the Secretary of Defense.
(c) Smithsonian Institution.--
(1) In general.--Following the award of the gold medal in
honor of the Dust Off
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Crews of the Vietnam War, the gold medal shall be given to
the Smithsonian Institution, where it will be available for
display as appropriate and available for research.
(2) Sense of congress.--It is the sense of Congress that
the Smithsonian Institution should also make the gold medal
awarded pursuant to this Act available for display elsewhere,
particularly at appropriate locations associated with the
Vietnam War, and that preference should be given to locations
affiliated with the Smithsonian Institution.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of
the gold medal struck pursuant to section 3 under such
regulations as the Secretary may prescribe, at a price
sufficient to cover the cost thereof, including labor,
materials, dies, use of machinery, and overhead expenses, and
the cost of the gold medal.
SEC. 5. NATIONAL MEDALS.
The medal struck pursuant to this Act is a national medal
for purposes of chapter 51 of title 31, United States Code.
______
By Mr. DURBIN (for himself, Mr. Reed, Ms. Warren, and Mr.
Blumenthal):
S. 2272. A bill to amend the Higher Education Act of 1965 regarding
proprietary institutions of higher education in order to protect
students and taxpayers; to the Committee on Health, Education, Labor,
and Pensions.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2272
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Our Students and
Taxpayers Act of 2015'' or ``POST Act of 2015''.
SEC. 2. 85/15 RULE.
(a) In General.--Section 102(b) of the Higher Education Act
of 1965 (20 U.S.C. 1002(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (D), by striking ``and'' after the
semicolon;
(B) in subparagraph (E), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(F) meets the requirements of paragraph (2).'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
``(2) Revenue sources.--
``(A) In general.--In order to qualify as a proprietary
institution of higher education under this subsection, an
institution shall derive not less than 15 percent of the
institution's revenues from sources other than Federal funds,
as calculated in accordance with subparagraphs (B) and (C).
``(B) Federal funds.--In this paragraph, the term `Federal
funds' means any Federal financial assistance provided, under
this Act or any other Federal law, through a grant, contract,
subsidy, loan, guarantee, insurance, or other means to a
proprietary institution, including Federal financial
assistance that is disbursed or delivered to an institution
or on behalf of a student or to a student to be used to
attend the institution, except that such term shall not
include any monthly housing stipend provided under the Post-
9/11 Veterans Educational Assistance Program under chapter 33
of title 38, United States Code.
``(C) Implementation of non-federal revenue requirement.--
In making calculations under subparagraph (A), an institution
of higher education shall--
``(i) use the cash basis of accounting;
``(ii) consider as revenue only those funds generated by
the institution from--
``(I) tuition, fees, and other institutional charges for
students enrolled in programs eligible for assistance under
title IV;
``(II) activities conducted by the institution that are
necessary for the education and training of the institution's
students, if such activities are--
``(aa) conducted on campus or at a facility under the
control of the institution;
``(bb) performed under the supervision of a member of the
institution's faculty; and
``(cc) required to be performed by all students in a
specific educational program at the institution; and
``(III) a contractual arrangement with a Federal agency for
the purpose of providing job training to low-income
individuals who are in need of such training;
``(iii) presume that any Federal funds that are disbursed
or delivered to an institution on behalf of a student or
directly to a student will be used to pay the student's
tuition, fees, or other institutional charges, regardless of
whether the institution credits such funds to the student's
account or pays such funds directly to the student, except to
the extent that the student's tuition, fees, or other
institutional charges are satisfied by--
``(I) grant funds provided by an outside source that--
``(aa) has no affiliation with the institution; and
``(bb) shares no employees with the institution; and
``(II) institutional scholarships described in clause (v);
``(iv) include no loans made by an institution of higher
education as revenue to the school, except for payments made
by students on such loans;
``(v) include a scholarship provided by the institution--
``(I) only if the scholarship is in the form of monetary
aid based upon the academic achievements or financial need of
students, disbursed to qualified student recipients during
each fiscal year from an established restricted account; and
``(II) only to the extent that funds in that account
represent designated funds, or income earned on such funds,
from an outside source that--
``(aa) has no affiliation with the institution; and
``(bb) shares no employees with the institution; and
``(vi) exclude from revenues--
``(I) the amount of funds the institution received under
part C of title IV, unless the institution used those funds
to pay a student's institutional charges;
``(II) the amount of funds the institution received under
subpart 4 of part A of title IV;
``(III) the amount of funds provided by the institution as
matching funds for any Federal program;
``(IV) the amount of Federal funds provided to the
institution to pay institutional charges for a student that
were refunded or returned; and
``(V) the amount charged for books, supplies, and
equipment, unless the institution includes that amount as
tuition, fees, or other institutional charges.
``(D) Report to congress.--Not later than July 1, 2016, and
by July 1 of each succeeding year, the Secretary shall submit
to the authorizing committees a report that contains, for
each proprietary institution of higher education that
receives assistance under title IV and as provided in the
audited financial statements submitted to the Secretary by
each institution pursuant to the requirements of section
487(c)--
``(i) the amount and percentage of such institution's
revenues received from Federal funds; and
``(ii) the amount and percentage of such institution's
revenues received from other sources.''.
(b) Repeal of Existing Requirements.--Section 487 of the
Higher Education Act of 1965 (20 U.S.C. 1094) is amended--
(1) in subsection (a)--
(A) by striking paragraph (24);
(B) by redesignating paragraphs (25) through (29) as
paragraphs (24) through (28), respectively;
(C) in paragraph (24)(A)(ii) (as redesignated by
subparagraph (B)), by striking ``subsection (e)'' and
inserting ``subsection (d)''; and
(D) in paragraph (26) (as redesignated by subparagraph
(B)), by striking ``subsection (h)'' and inserting
``subsection (g)'';
(2) by striking subsection (d);
(3) by redesignating subsections (e) through (j) as
subsections (d) through (i), respectively;
(4) in subsection (f)(1) (as redesignated by paragraph
(3)), by striking ``subsection (e)(2)'' and inserting
``subsection (d)(2)''; and
(5) in subsection (g)(1) (as redesignated by paragraph
(3)), by striking ``subsection (a)(27)'' in the matter
preceding subparagraph (A) and inserting ``subsection
(a)(26)''.
(c) Conforming Amendments.--The Higher Education Act of
1965 (20 U.S.C. 1001 et seq.) is amended--
(1) in section 152 (20 U.S.C. 1019a)--
(A) in subsection (a)(1)(A), by striking ``subsections
(a)(27) and (h) of section 487'' and inserting ``subsections
(a)(26) and (g) of section 487''; and
(B) in subsection (b)(1)(B)(i)(I), by striking ``section
487(e)'' and inserting ``section 487(d)'';
(2) in section 153(c)(3) (20 U.S.C. 1019b(c)(3)), by
striking ``section 487(a)(25)'' each place the term appears
and inserting ``section 487(a)(24)'';
(3) in section 496(c)(3)(A) (20 U.S.C. 1099b(c)(3)(A)), by
striking ``section 487(f)'' and inserting ``section 487(e)'';
and
(4) in section 498(k)(1) (20 U.S.C. 1099c(k)(1)), by
striking ``section 487(f)'' and inserting ``section 487(e)''.
______
By Mrs. FISCHER (for herself, Mr. Booker, Mr. Daines, and Mr.
Peters):
S. 2276. A bill to amend title 49, United States Code, to provide
enhanced safety in pipeline transportation, and for other purposes; to
the Committee on Commerce, Science, and Transportation.
Mr. DAINES. Mr. President, I rise today along with my colleagues
Senators Fischer, Booker, and Peters to introduce the Securing
America's Future Energy: Protecting our Infrastructure of Pipelines and
Enhancing Safety, SAFE PIPES, Act, reauthorizing the Pipeline and
Hazardous Material Safety Administration, PHMSA. Safe and secure
pipeline infrastructure is critical to our nation, and is especially
important to Montanans--for economic opportunity and environmental
protection.
We had a great bipartisan group of Senators working on this
legislation. I
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would like to thank Senator Fischer for traveling to Billings, Montana
to chair the first in a series of hearings on pipeline safety and
coordinating efforts to write this important legislation. Additionally,
I thank Senators Booker and Peters for their work drafting this
legislation.
In Montana, we have some of the country's most pristine wild spaces
along with an abundance on natural resources. Montana produces
approximately 30 million barrels of crude oil, 63 billion cubic feet of
natural gas, and 42 million short tons of coal annually. We export 60
percent of this energy. The oil and gas industries support the
employment of over 43,000 Montanans. Likewise, Montana's unspoiled
mountains and streams is the main motivator for many visiting Montana.
The tourism industry supports the employment of over 53,000 Montanans.
It is needless to say, but it is imperative that both jobs are
protected. This legislation does just that, by improving pipeline
inspection report turnaround times, increasing focus on pipeline river
crossings, helping fill vacant inspector positions, facilitating
communications between PHMSA and State agencies, and enabling PHMSA to
conduct safety research with industry experts.
I look forward to continue my work, along with my colleagues, on
enhancing pipeline safety, protecting our economic and environmental
resources, and shepherding this legislation across the finish line.
____________________