Jon Tester

Mr. TESTER

Mr. TESTER. Mr. President, I have come to realize that we are never going to get politics completely out of the legislative process. In the system we have today, there is always another election and there is always another campaign. This political posturing must be addressed. It is hurting our democracy, and it is a prime reason Congress's approval rating is in the single digits. Today politics is hurting the men and women who bravely served our Nation. It is hurting our veterans. When the news about the problems at the VA became public, lawmakers ran to the press and slammed the VA. They called for reform and accountability. They even dragged good men through the mud to score political points. Members from both sides of the aisle said politics needed to be set aside because if there is just one thing that should cause our politicians to look past political games, it is our veterans. It is our commitment to our veterans, our commitment to making sure they get the care they have earned. But today some lawmakers decided to forgo the hard work of compromise. Instead of putting veterans first, they have made improving veterans care political. We have been working for 6 weeks to find a compromise bill that improves veterans' access to care, that holds the VA more accountable, and that hires more medical professionals so veterans can get the care they need when they need it. But for 6 weeks Members on the other side of the aisle in both the House and the Senate have balked at the cost of taking care of our veterans. Many of these lawmakers are the same ones--the same ones--who put our wars in Iraq and Afghanistan on a credit card. Many of them didn't blink twice when we sent hundreds of troops into Iraq earlier this month. Way back when, when the Iraq war was authorized, Congress spent less than 3 weeks debating Iraq. But now when it comes to taking care of our men and women who served--many in the same wars they put on a credit card--they worry about the cost. Well, I have news for them: Taking care of our veterans is a cost of war. We do not send young Americans to war and then not take care of them. And it should not be the case that we rush to war but drag our feet when it comes to our vets. Republicans today will announce they are forgoing the veterans conference committee and introducing a bill of their own. It is not a proposal aimed at benefiting our veterans. It is not. It is not a bill that takes the best ideas of veterans organizations, experts, or VA officials and moves the ball forward. It is a proposal that is meant to gain political favor. It is a proposal that sheds the responsibility of governing, of honoring our commitment to veterans. It is a proposal that is aimed at the November election. Chairman Sanders has been working hard to bridge the divide and produce a bill that gets veterans the support they need and can pass in Congress, but Chairman Sanders can't do it himself, and neither can just one-half of the conference committee. I am incredibly disappointed by what is taking place today. I had real hopes that this conference committee could rise above the political process and get something done for our veterans. I have been holding listening sessions with Montana's veterans since early June. They didn't have much faith. Those veterans did not have much faith in Washington politicians solving the problem, but I told them it could be done. If we don't change course, if we don't leave politics at the door as we promised, then it is going to be hard for me to go back to Montana and look those veterans in the eye. We can do better, and we must do better. Mr. President, I yield the floor and suggest the absence of a quorum.

Mr. TESTER

Mr. TESTER. I call up amendment No. 3552, ask for its immediate consideration, and I ask that Senator Klobuchar and Senator Pryor be added as cosponsors.

Mr. TESTER. I thank Chairman Johnson and Ranking Member Crapo and Senators Schumer and Heller for their hard work on helping me on the TRIA bill and for helping me on this amendment, as well as Senator Schumer and Senator Heller for their hard work not only on the TRIA legislation but also on the NARAB amendment, which I am going to talk about in a moment. I also wish to give a special thank-you to Senator Johanns, who is a cosponsor on this amendment and somebody with whom I have worked very closely to get this amendment to the point it is today. The Tester-Johanns amendment is the National Association of Registered Agents and Brokers Act, otherwise known as NARAB. NARAB is a bill Senator Johanns and I introduced last year. It was reported out of the Banking, Housing, and Urban Affairs Committee on a voice vote. Our amendment creates a nonprofit association to provide one-stop licensing for insurance agents and brokers operating outside of their home State. This arrangement would fully preserve the authority of State insurance regulators to supervise these markets. Currently, an insurance agent or broker seeking to operate in multiple States must meet different State-specific licensing requirements and seek approval from each State's insurance commissioner. This process is time consuming, it is costly, it is redundant, and it is sometimes contradictory--without providing any greater consumer protection. That is a big disincentive for smaller agents and brokers to grow their businesses. This is not a new issue for the insurance industry. Congress recognized the need for a forum to reform the insurance licensing system in 1999 when it incorporated the National Association of Registered Agents and Brokers Act subtitle into the Gramm-Leach-Bliley Act. Unfortunately, at that time Congress did not immediately establish NARAB. As a result, Gramm-Leach-Bliley did not achieve the level of reciprocity and uniformity Congress expected and these efforts to streamline cross-state insurance licensing never took hold. That is why this important amendment is before the Senate today. Senator Johanns' and my amendment would provide insurance agents and brokers with the option of becoming a member of NARAB provided that they meet the professional standards set by the association and undergo a criminal background check. NARAB will streamline the licensing process for agents and brokers, enabling them to be licensed under one single, strong national licensing standard rather than following different State standards, thereby saving time and money. In addition to setting rigorous professional standards, the association will let agents and brokers renew their licenses all at once and fully preserve the abilities of regulators to protect consumers and supervise and discipline agents and brokers. Currently, on average, insurance agents sell their products in eight States, with many serving even more. A one-stop licensing compliance mechanism will benefit all agents and brokers but particularly the smaller folks who must spend time and money dealing with different standards in different States. A one-stop shop for insurance licensing will help smaller players compete against the bigger competitors. That is good for business, and it is good for consumers. NARAB represents a decade of effort, and I am pleased we will finally achieve the goals laid out in Gramm-Leach-Bliley. Some feared NARAB would diminish States rights. As a former State legislator, when folks start talking about States rights issues, I pay attention, but in this case I believe they are wrong. I wish to take a minute and talk about how this amendment protects States rights. Under this amendment, States would retain all authority to license their own resident agents and brokers. The association would be required to notify States when agents and brokers apply for membership, letting the States notify NARAB of any reason membership should not be granted to the producer. States will also have significant control over NARAB. The nonprofit association would be governed by a board of directors dominated by State insurance regulators and chaired by a State insurance regulator. Most importantly, NARAB deals only with marketplace entry and would not impact the day-to-day regulation of insurance. States will maintain exclusive control of the regulation of marketplace activities, consumer protection requirements, unfair trade practices, and other important areas. Under this bill, under this amendment, we will preserve the authority of States to supervise insurance producers. Any agent or broker who obtains the authority to operate in a jurisdiction through NARAB is still subject to the full regulatory authority of that State and must comply with all marketplace requirements. Under our amendment, States will continue to receive insurance licensing fees, which will be collected by NARAB and remitted to the States. This legislation is supported by the National Association of Insurance and Financial Advisers, the Council of Insurance Agents and Brokers, and the Independent Insurance Agents and Brokers of America. It is also supported by the National Association of Insurance Commissioners, which has expressed its full support for this bill and the final TRIA bill. I urge my colleagues to support the Tester-Johanns amendment. It is truly a commonsense amendment that helps not only the industry but also the consumers. I yield the floor.

Mr. TESTER

Mr. TESTER. Madam President, back in 2012 the people of Montana stood up against the influence of corporations and big money in elections. By a 3-to-1 margin, they called on their congressional delegation to introduce a constitutional amendment overturning the Supreme Court's Citizens United decision. That ruling paved the way for more secret money in politics. It allowed corporations to make contributions to political campaigns on the grounds that corporations should have the same right to freedom of speech as any individual. In response to the overwhelming vote by the people of Montana, I proudly introduced this amendment, which affirms what we all know: Corporations are not people, and they do not have the same rights as you or I. Two years later Americans are realizing that Montanans were pretty forward-looking. That is because in Montana we value independence. We value our individual rights. And we don't think a faceless entity should be able to tell us what to do. We don't like it when secretive, shadowy groups try to tell us how to vote, and we don't like it when corporations dictate our health care decisions. But that is exactly what happened with last week's Hobby Lobby decision. The Supreme Court decided corporations can limit their employees' health care options, thereby restricting our individual freedoms. That is un-American. Affording corporations the same constitutional rights to speech--and now to religion--that Montanans and all American people cherish is the exact opposite of what our Founding Fathers envisioned. This is not freedom. It is a slippery slope to granting large corporations greater power over everyday Americans' lives. With the Hobby Lobby decision, the Supreme Court found that corporations can hold religious-based objections to providing insurance coverage for certain medical care. The corporations do not have religions; people do. The First Amendment was meant to protect individuals' religious freedoms, not those of corporations. Now, the religious beliefs of corporations will dictate the health care options of people. It starts with contraceptive care, but where does it end? It is clear that the Supreme Court is putting the rights of corporations over the rights of people. So much for treating all Americans equally. If you are a corporation with money, you could influence our elections to a far greater extent than ever before. Now, if you have a corporation, you can influence our access to health care too. Justice Ginsburg said in her dissent: The decision would deny legions of women who do not hold their employers' beliefs access to contraceptive coverage. Let me say that again. These are Justice Ginsburg's words: The decision would deny legions of women who do not hold their employers' beliefs access to contraceptive care. Where will this end? Being a woman cannot be a preexisting condition. Contraception is basic health care, and 99 percent of American women currently use or have used birth control at some point in their lives. But now a manless, faceless corporation can stand between women and their access to this basic care, all because an activist Supreme Court thinks corporations have the same rights as people. This Supreme Court continues to redefine individual rights as corporate rights: freedom of speech, freedom of religion. We have to ask ourselves, where will this end? It seems as if anything is possible when it comes to this Supreme Court, where five men can determine a woman's health care. But it doesn't need to be this way. My constitutional amendment makes it 100 percent clear that the rights enshrined in our Constitution are meant for the American people--real folks who work day in and day out to put food on the table--not corporate entities. My amendment also allows the American people to once again regulate corporations through the representatives they elect in State and Federal government. I encourage all my colleagues to join me and Senators Murphy, Begich, Walsh, Markey, and Whitehouse in supporting this commonsense step. But it is going to take a comprehensive approach to make sure real people, not corporations, are in charge. Whether it is elections or health care, people should be free to make their own choices without the undue influence of corporate entities. Montanans voted in 2012 to limit constitutional rights to individual people, but it was 100 years earlier that we also voted to limit corporate influence in elections after wealthy mining companies bought influence and even paid for a U.S. Senate seat. We recognized the negative impact wealthy corporations were having on our electoral process. But this Supreme Court, using its Citizens United decision as justification, overturned our century-old law just 2 years ago, creating the same kind of election-spending free-for-all in Montana that we are witnessing nationwide. Before the Hobby Lobby decision, the fight against corporate influence was mainly about making sure real people and their ideas were in charge of elections. But now it is no longer just about a democracy; it is about keeping corporations out of our private lives, out of our bedrooms, and out of our religious decisions. It is an even bigger fight now. If you don't want to find out where corporate influence and the Supreme Court will go next, I would encourage you to join me and fight back with smart, responsible measures that will put real people back in charge of our lives. Our democracy has been under attack before but never to this extent. Mr. President, I yield the floor. I would suggest the absence of a quorum.

Mr. TESTER

Mr. TESTER. Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on July 8, 2014 at 9:30 a.m.

Mr. TESTER. Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on July 8, 2014, at 10:30 a.m., to hold an East Asian and Pacific Affairs subcommittee hearing entitled, ``Combating Forced Labor and Modern-Day Slavery in East Asia and the Pacific.''

Mr. TESTER. Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on July 8, 2014, at 2:30 p.m., to hold a European Affairs subcommittee hearing entitled, ``Renewed Focus on European Energy Security.''

Mr. TESTER. Mr. President, I ask unanimous consent that the Committee on Health, Education, Labor, and Pensions be authorized to meet, during the session of the Senate, on July 8, 2014, at 10 a.m., in room SD-430 of the Dirksen Senate Office Building to conduct a hearing entitled ``Falling Through the Cracks: The Challenges of Prevention and Identification in Child Trafficking and Private Re-homing.''

Mr. TESTER. Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on July 8, 2014, at 10 a.m., to conduct a hearing entitled ``The Role of Regulation in Shaping Equity Market Structure and Electronic Trading.''

Mr. TESTER. Mr. President, I ask unanimous consent that the Select Committee on Intelligence be authorized to meet during the session of the Senate on July 8, 2014, at 2:30 p.m.

Mr. TESTER

Mr. TESTER. Madam President, I rise in support of the Bipartisan Sportsmen's Act. First, I thank Senators Hagan and Murkowski for their leadership in gathering support and getting this bill to the floor. Nearly half of the Senate is cosponsoring this legislation from every corner of our country. It is truly a national bill, and that is why over 30 groups--from the National Shooting Sports Foundation and Ducks Unlimited to the Dallas Safari Club and many others--support this bill. It is an ambitious proposal that includes dozens of smart ideas from both sides of the aisle. It encourages private investment into fish habitat as well as land and wildlife management. This bill supports public shooting ranges so more folks have a place to take their kids to teach them how to responsibly handle a firearm, and it protects some of our best places to hunt, fish, and recreate. Make no mistake, the Bipartisan Sportsmen's Act is also a jobs bill, which is something we constantly talk about needing more of around here. In my State of Montana, outdoor recreation supports tens of thousands of jobs. It is a $6 billion-a-year industry. Nationwide our outdoor economy creates and sustains more than 6 million jobs every single year. Despite the economic power of public lands to sustain the rural economy, some folks are talking about closing off the land and privatizing it. We cannot let that happen. Instead, we need to pass the Bipartisan Sportsmen's Act, which will strengthen our economy as we create more opportunities for folks to continue recreating in our great outdoors. Responsibly enjoying our outdoors is part of our way of life in Montana. In the Big Sky State we are proud hunters, anglers, sports men and women, and that is why it is critical that this bill will open more of our public lands to every law-abiding American who has a right to access them. In Montana alone, nearly 2 million acres of public land is not easily accessible to folks, and I am proud my colleagues included the making lands public provision that I have pushed for, for years. These lands were set aside for our parents to enjoy, for all of us to enjoy, and ultimately for our children and grandchildren to enjoy. Accessing these lands is our birthright, and this bill delivers on a century-old promise to preserve our outdoor heritage. By passing this bipartisan legislation, we will help ensure future generations get to experience the natural wonders that were passed down to us. In the last Congress, the Senate took up a similar package only to see political gamesmanship get in the way. We cannot let that happen again. Millions of sports men and women across this country expect better. The American people deserve better. There is too much in this bill that we agree on to let it fail once again. Senators Hagan and Murkowski have worked diligently for months to craft a bill that has an incredible amount of support in the Senate, but, most importantly, back home in the States we all represent. Let's pass this bill once and for all. Madam President, I yield the floor, and I suggest the absence of a quorum.

Mr. TESTER

Mr. TESTER. Mr. President, I would like to announce that the Committee on Indian Affairs will meet during the session of the Senate on Wednesday, July 9, 2014, in room SD-628 of the Dirksen Senate Office Building, at 2:30 p.m., to conduct a legislative hearing to receive testimony on the following bills: S. 2442, A bill to direct the Secretary of the Interior to take certain land and mineral rights on the reservation of the Northern Cheyenne Tribe of Montana and other culturally important land into trust for the benefit of the Northern Cheyenne Tribe, and for other purposes; S. 2465, A bill to require the Secretary of the Interior to take into trust 4 parcels of Federal land for the benefit of certain Indian Pueblos in the State of New Mexico; S. 2479, A bill to provide for a land conveyance in the State of Nevada; S. 2480, A bill to require the Secretary of the Interior to convey certain Federal land to Elko County, Nevada, and to take land into trust for certain Indian tribes, and for other purposes; and S. 2503, A bill to direct the Secretary of the Interior to enter into the Big Sandy River-Planet Ranch Water Rights Settlement Agreement and the Hualapai Tribe Bill Williams River Water Rights Settlement Agreement, to provide for the lease of certain land located within Planet Ranch on the Bill Williams River in the State of Arizona to benefit the Lower Colorado River Multi-Species Conservation Program, and to provide for the settlement of specific water rights claims in the Bill Williams River watershed in the State of Arizona. Those wishing additional information may contact the Indian Affairs Committee at (202) 224-2251. committee on indian affairs

Mr. TESTER. Mr. President, I would like to announce that the Committee on Indian Affairs will meet during the session of the Senate on Wednesday, July 16, 2014, in room SD-628 of the Dirksen Senate Office Building, at 2:30 p.m., to conduct an oversight hearing entitled ``Improving the Trust System: Continuing Oversight of the Department of the Interior's Land Buy-Back Program.'' Those wishing additional information may contact the Indian Affairs Committee at (202) 224-2251. committee on indian affairs

Mr. TESTER. Mr. President, I would like to announce that the Committee on Indian Affairs will meet during the session of the Senate on Wednesday, July 23, 2014, in room SD-628 of the Dirksen Senate Office Building, at 2:30 p.m., to conduct an oversight hearing entitled ``Indian Gaming: The Next 25 Years.'' Those wishing additional information may contact the Indian Affairs Committee at (202) 224-2251. committee on indian affairs

Mr. TESTER. Mr. President, I would like to announce that the Committee on Indian Affairs will meet during the session of the Senate on Wednesday, July 30, 2014, in room SD-628 of the Dirksen Senate Office Building, at 2:30 p.m., to conduct an oversight hearing entitled ``When Catastrophe Strikes: Responses to Natural Disasters in Indian Country.'' Those wishing additional information may contact the Indian Affairs Committee at (202) 224-2251.

Mr. TESTER

Mr. TESTER. Madam President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. TESTER

Mr. TESTER. Mr. President, I would like to announce that the Committee on Indian Affairs will meet during the session of the Senate on Wednesday, June 25, 2014, in room SD-628 of the Dirksen Senate Office Building, at 2:15 p.m., to conduct an oversight hearing entitled ``Economic Development: Encouraging Investment in Indian Country.'' Those wishing additional information may contact the Indian Affairs Committee at (202) 224-2251.

Mr. TESTER

Mr. TESTER. Madam President, I ask unanimous consent that all time be yielded back.

Mr. TESTER

Mr. TESTER. I ask unanimous consent that the Senate proceed to a period of morning business, with Senators permitted to speak therein for up to 10 minutes each, with the time previously agreed to.

Mr. TESTER

Mr. TESTER. I rise to speak about the care this Nation provides to veterans--care that they have earned, the care that we owe them, the care that we promised them, and the care that we should never stop working to improve. I joined the Senate Veterans' Affairs Committee when I came to the Senate in January of 2007. Soon thereafter I launched a listening tour around the great State of Montana to hear what veterans thought about the health care they receive. Montana has the second-most veterans per capita. We serve our country at some of the highest rates in the Nation. We are home to a large Native-American population that serves more often than any other minority in this country. In 2007, the surge in Iraq was in full swing. Veterans had many concerns on their minds. But in rural Montana I heard over and over from the veterans about how the mileage reimbursement that disabled veterans receive to see their doctor at the VA was far too low. In fact, it was at 11 cents a mile, hardly enough to even pay for the gas, much less the tires, the oil, and the automobile itself. That number matters in a State where folks have to drive a couple hundred miles across the State to see their doctor. So when I came back to Washington I worked with then-Senator Byrd to raise that reimbursement rate for the first time in decades. Now more veterans can afford to see their doctor, and that is how a representative of government should work--identify a problem, write a bill to fix it, work with colleagues, hear their concerns, and pass a solution into law. That is what we have done here today. Today's bill is a good bill that gets at some of the VA's most pressing problems. Today's bill addresses many of the transparency, accountability, and access-to-care issues that are plaguing the VA. By getting rid of incentives to falsify wait times and make it easier to remove bad managers, we will hold more folks accountable for the care veterans receive. By making it easier to hire medical professionals and allowing more veterans to seek care from outside providers, we will reduce the bottleneck that forces veterans to wait too long for care. I want to be clear about one issue. Once veterans get in the door at the VA, they receive incredibly good health care. As a member of the Senate Veterans' Affairs Committee, I continue to travel around Montana to talk to veterans. I speak to veterans' groups around the country as well. They tell me that VA care is some of the best in the Nation. I have had wives, husbands, daughters, and sons seek me out to tell me what VA is doing right. Additionally, 9 out of 10 veterans report they are happy with the care they receive at the VA. That is important to remember. It isn't all bad news, but the fact is that while the war in Afghanistan is winding down, and the war in Iraq has come to a close, the struggle for many service men and women continues here at home. We went to war after 9/11 to fight against terror, to fight for the freedoms that we value in this country, but we didn't think far enough down the road. We didn't think about how we could care for our fighting men and women when they returned from battle. When I joined the Veterans' Affairs Committee, the VA was starting to recover from years of neglect. In 2007, as Americans fought in the streets of Baghdad, Congress had to pass an emergency budget bill to keep the lights on in the VA. Imagine that--fighting two wars, but we didn't properly fund the department that cares for our troops when they come home. With better planning and advance appropriations, we have come a long way, but attention spans and new cycles are short. The bill we passed today is a good start, but it can't be the end of the story. Moving forward, we must make sure that we have all the facts because you can't fix a problem if you don't understand it. That is why I have already worked with my colleagues to help pass legislation out of committee that will free up more resources for the inspector general's office of the VA to do its job and to make reports from the VA inspector general public and transparent. The bill also prohibits the payment of bonuses to VA medical directors and senior VA employees until investigations are complete and reforms are made. Our message is clear; that is, that veterans come first. In the 7 years since I held that first veterans listening session across Montana, since then we have worked with veterans groups to open new veterans centers and community-based out-patient clinics across the State of Montana. I have helped more veterans get transportation to get to their doctor appointments, and I have helped lead the way to expand the use of telehealth for rural veterans. We did this while working with the VA secretaries from both parties by working across the aisle to write commonsense legislation that meets the needs of veterans and their families. Not only should improving veterans care be an unrelenting focus for this body but it must be a nonpartisan one. Improving mental health care for veterans is not a partisan issue. Improving veterans' ability to get a good job is not a partisan issue. Making sure that veterans get the care they have earned, the care that we promised them when they signed up to fight should never be a partisan issue. Let's keep working together to honor the sacrifices made by our fighting men and women, as well as the families who anxiously wait for them back home. On Saturday morning I will be in Anaconda, MT, kicking off my latest veterans listening tour to get more ideas about how we can improve the services and care for veterans. I know that many of my colleagues are holding similar sessions in their States, and I look forward to hearing what ideas they bring back so that we can work together to improve veterans health care. If this bill is the end of this Congress's work on veterans issues, it will be disappointing to me and it will be disappointing to the veterans out there who put their lives on the line to defend our freedom. We have more work to do, and I hope it doesn't require another crisis to get it done. I wish to thank Bernie Sanders for his great work on this bill. I yield the floor.

Mr. TESTER

Mr. TESTER. In a moment I am going to ask unanimous consent to go into morning business, and I am going to speak on the veterans bill.

Mr. TESTER. How long am I speaking?

Mr. TESTER. About 7 minutes. Through the Chair to the Senator from Michigan, it was my understanding that I was going to speak, the Senator would have his colloquy with Senator Inhofe, and then Senator Grassley would speak.

Mr. TESTER. I ask unanimous consent that the title amendment to H.R. 3230, which is at the desk, be agreed to.

Mr. TESTER

Mr. TESTER. Mr. President, I would like to announce that the Committee on Indian Affairs will meet during the session of the Senate on Wednesday, June 11, 2014, in room SD-628 of the Dirksen Senate Office Building, at 2:30 p.m., to conduct a business meeting to consider the following bills: S. 919, A bill to amend the Indian Self- Determination and Education Assistance Act to provide further self- governance by Indian tribes, and for other purposes; S. 1447, A bill to make technical corrections to certain Native American water rights settlements in the State of New Mexico, and for other purposes; S. 1574, A bill to amend the Indian Employment, Training and Related Services Demonstration Act of 1992 to facilitate the ability of Indian tribes to integrate the employment, training, and related services from diverse Federal sources, and for other purposes; S. 2041, A bill to repeal the Act of May 31, 1918, and for other purposes; S. 2188, A bill to amend the Act of June 18, 1934, to reaffirm the authority of the Secretary of the Interior to take land into trust for Indian tribes. Those wishing additional information may contact the Indian Affairs Committee at (202) 224-2251. committee on indian affairs