Undetectable Firearms Reauthorization Act of 2013

Mr. President, I move to proceed to Calendar No. 243, S. 1356.

Mr. President, following my remarks and those of the Republican leader, the Senate will be in morning business until 4 o'clock this afternoon. At 4 p.m. the Senate will resume consideration of S. 1197, the National Defense Authorization Act. At 5 p.m. the Senate will proceed to executive session to consider the nomination of Patricia Millett to be U.S. circuit judge for the DC Circuit postcloture. At 5:30 p.m. then, the Senate will vote on confirmation of the Millett nomination.

Measures Placed On The Calendar--S. 1774, S. 1775, H.R. 1965, and H.R.

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Mr. President, I think there are four bills--and the clerk can help both of us--at the desk due for a second reading.

Mr. President, I object to any further proceedings with respect to these bills en bloc.

Mr. President, welcome back. I hope the Acting President pro tempore and staff and all the other Senators had a wonderful Thanksgiving. It was a very good Thanksgiving for us. We had all of our children and all of our grandchildren, except one; she had to work. She lives in New York now.

This week the U.S. Senate begins a short 2-week work period, and I hope it is only 2 weeks. But it could bleed over the weekend before Christmas. I know I come to the floor and say a lot of times that we are going to have to work weekends, but we may really have to work the next couple weekends. We have had a wonderful 2-week break. It was important for all of us.

Remembering Nelson Mandela

But before I discuss the business before this body, I mourn--as we all mourn--the loss but I also celebrate the life of South Africa's great emancipator Nelson Mandela. He once said: ``Difficulties break some men but make

others.'' His dedication to peace and justice was forged in the fire of adversity--27 years in prison, among other things.

But while he endured great hardship for the cause of universal suffrage, his capacity for forgiveness was as boundless as his dedication to democracy, freedom, and equality.

He leaves a legacy that is so significant. It will inspire current and future leaders for generations to come.

Schedule

Mr. President, now as to our schedule. This week, as South Africa mourns the founder of its democracy, the Senate must continue its work in our democracy.

I suggest to my colleagues that the Senate, as I have indicated, will work long nights--I think we are going to come in earlier than we normally do--and possibly weekends to complete the workload we have before the holidays.

During this next work period--the one we are now engaged in--we must complete work on the National Defense Authorization Act. It is my understanding that the two bodies, the two committees, have come up with something. I hope we get a message from the House soon, and I hope we can dispose of this very quickly.

We must address the issue of additional sanctions against Iran. We must pass an agriculture jobs conference report. We must ensure seniors on Medicare can keep their doctors by adjusting physician payments. We must consider a large number of nominations. And we must complete a budget agreement that protects our economy and ensures our government can continue the work of the people.

I am not going to talk about each of these individually other than that I think it is so shortsighted what the Republicans are doing regarding the famous SGR or physician payments for Medicare. There is money to take care of this problem--a number of different sources--not the least of which are the overseas contingency funds. We had money set aside for the wars in Iraq and Afghanistan. They are being phased out. There is still almost $1 trillion left. I cannot understand why the Republicans refuse to use that money. No one except the Republicans opposes closing these tax loopholes--and not Republicans around the country. It is only the Republicans in Congress who oppose them, not Republicans around the country. These loopholes are so big you could drive the biggest vehicle in the world through them. But we are where we are.

Despite the costly Republican government shutdown this fall, last week's jobs report proved that the American economy continues to gain steam. Private sector businesses have added more than 8 million jobs over the last 45 consecutive months.

If Republicans had not insisted on shortsighted, draconian cuts that forced layoffs of tens of thousands of teachers, firefighters, and police officers, the economy would be growing even faster than it is today. The Acting President pro tempore knows--we all know--that we need an infrastructure program. For every $1 billion we spend as a government on infrastructure--roads, bridges, dams, highways, water and sewer systems--we create almost 50,000 high-paying jobs.

Despite last week's good economic news, Congress can and must do even more to create jobs for the millions of Americans who are still looking for work.

As to unemployment compensation, we need these extended benefits. There are 1.5 million people in America who have been out of work for more than 26 weeks. We must replace the meat-ax cuts that have happened with the sequestration with smart savings, reducing the deficit by closing wasteful tax loopholes, and making job-creating investments that spur economic growth.

As we close out this year, I hope Republicans and Democrats can put aside our differences and work together to produce results for the middle class.

The Acting President pro tempore served in the House. I served in the House. I am fortunate to serve here in the Senate. When I first came to this body, Democrats had to focus on what they thought the foundation of democracy was. Republicans did the same. They thought they knew the right thing to do. But, you know, we could never get what we wanted. Each side could not get what it thought was the way it should be. So what did we do? We worked together and came up with compromises to move legislation forward. Let's get back to where we were. That is what this body needs. So I hope we can put aside our differences and work together like we used to.

It is also time for Republicans to work with us--instead of against us--to make the landmark health reform law more workable.

I remind my Republican colleagues that the Affordable Care Act is the law and has been the law of the land for 4 years, and it was upheld by the Supreme Court.

As Democrats have predicted for months, enrollment in Affordable Care Act exchanges is picking up speed as we approach the New Year. As Americans learn more about the benefits of this law, more and more of them are logging on to shop for affordable, quality insurance through the State and national exchanges. The rollout of the national Affordable Care Act Web site was rocky, to say the least, when it came out.

Congress had to make crucial improvements to other landmark programs, such as Social Security and Medicare, when they were first enacted as well. These big legislative deals can have some wrinkles in them. It does not mean Social Security is bad. It does not mean Medicare is bad. It means they are hard to get started. It is just the same for ObamaCare.

But now, I repeat, many of the major problems with the health care site have been fixed, hundreds of thousands of Americans are logging on every day to research plans they think could work for them and sign up for insurance they know they need.

States that embraced the Affordable Care Act--such as Kentucky and Washington--have also reported successes with their exchanges. And thanks to the health care law, in a few short weeks no one can ever again be denied insurance just because they have a preexisting condition--because they are a cancer survivor, because they live with diabetes, because they had acne growing up or because they are a woman.

Because of this landmark law, insurance companies can no longer cancel your policy when you get sick, charge you more, I repeat, because you are a woman, or set an arbitrary limit on the care you receive.

Millions of seniors have saved billions of dollars on medicine because of the Affordable Care Act. Why? Because it closed the gap in prescription drug coverage, the so-called doughnut hole.

Millions of young people have stayed on their parents' health plans. And 17 million Americans will qualify for tax credits to purchase the coverage they need and the coverage they deserve.

There are still problems with the Affordable Care Act and ways we can make it better if we work together. But we cannot improve the law without help from some reasonable Republicans. It time for my Republican colleagues to give up their fantasy of repealing a law that is already benefiting tens of millions of Americans and start working with us to make the Affordable Care Act succeed instead.

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

Mr. President, I rise today to speak on the National Defense Authorization Act, an amendment I have filed, Amendment No. 2903, which supports the next generation long-range strike bomber. I hope we do get on the Defense bill.

This amendment, like many of the amendments that have been filed to this bill, is both germane and noncontroversial. As has been the past practice with the Defense authorization bill, my amendment should be included in a managers' package that could be passed by unanimous consent. In the past, when the Senate has considered the National Defense Authorization Act, we have had an average of around 11 recorded votes. That is the historical average. This year so far we have had two. For amendments included by voice vote or unanimous consent, anywhere from 80 to 100 amendments tend to be the norm. In other words, that is the number of amendments that we process, not have recorded votes on, but amendments that

are offered to the bill and handled one way or another but end up getting added to the legislation. This year we have not even been able to have a managers' package, which would include many of these noncontroversial amendments.

I support Senator Inhofe, who is the ranking Republican on the Armed Services Committee and my Republican colleagues here in the Senate, in the approach they have taken while this bill has been on the floor. Considering this bill, there needs to be an open amendment process. We are not talking, as I said, about the hundreds of amendments that have been filed, but a reasonable number should be considered on the Senate floor.

Everyone here is aware of the time constraints we are under, but that is not an excuse for bypassing an open amendment process on this important piece of legislation.

As the Senate debates the annual Defense authorization bill, our military continues to face increasing budget constraints. These budget constraints have forced our military to prioritize and develop ways to increase efficiency and reduce spending. As we look ahead, the Department of Defense must continue to focus on ways to best prepare for the threats our country will face in the future.

On all fronts, these future threats will require an increasingly mobile force that relies on speed and technology to reach conflict points around the world. With regard to the Air Force, this means a modernization of our current fleet. According to General Welsh, the Chief of Staff for the Air Force, the next generation long-range bomber is one of the top three procurement programs our Air Force must pursue to modernize our fleet and to meet future challenges. The other two, the F-35 joint strike fighter and the KC-46 aerial refueling tanker, are currently underway.

The next generation bomber, which General Welsh has called a must- have capability, will ensure our ability to operate effectively in anti-access and area-denial environments. As potential adversaries continue to modernize their anti-aircraft systems, our ability to penetrate those systems must modernize as well.

The Department of Defense has already begun investing in the research and development phase for the next generation bomber. In the meantime, our current bomber fleets, B-2s, B-1s, and B-52s, continue to provide robust deterrent in long-range strike capabilities. The upgrades which are currently being made to these aircraft allow them to operate in the modern environment. However, as this fleet continues to age into the mid-2020s, the next generation bomber will need to come online.

My home State of South Dakota is home of the 28th Bomb Wing, which commands two of three combat squadrons operating the B-1B strategic bomber. The men and women of the 28th Bomb Wing have bravely defended our country in Iraq and Afghanistan.

In 2011, the B-1 played a key role in Operation Odyssey Dawn, launching from Ellsworth Air Force Base in South Dakota, dropping munitions in Libya, and returning home in one continuous flying mission. This operation marked the first time the B-1 launched combat sorties from the continental United States to strike targets overseas, and it exemplifies the B-1's crucial flexibility and capability to project conventional airpower on short notice anywhere in the world. Of the three aircraft in our bomber fleet, the B-1B has the highest payload, fastest maximum speed, and operates at the lowest cost per flying hour. As I have said before, the B-1 is the workhorse of our U.S. Air Force.

As the R&D continues for the next generation bomber, the Air Force has already identified many essential capabilities to this aircraft. According to the Air Force, the next generation bomber should be usable across the spectrum of conflict from isolated strikes to prolonged campaigns. It should provide the Commander in Chief the option to strike a target at any point on the globe, and it must be able to penetrate modern air defenses despite an adversary's anti-aircraft systems. In terms of payload, it must be capable of carrying a wide mix of standoff and direct attack munitions and have the option for either nuclear or conventional capability.

As part of the strategy for development, the next generation bomber should allow for the integration of mature technologies and existing systems, taking into account the capabilities of other weapon systems to reduce program complexity.

While developing the next generation bomber will not be easy, the Air Force has learned several important lessons from its most recent procurement efforts. The Department of Defense has already streamlined requirements and oversight to ensure a timely decisionmaking process for the next generation bomber.

This initiative has included efforts to reduce costs for the overall program with a goal of preventing cost overruns which have plagued previous acquisition programs.

The Department of Defense already knows the importance of this program. As outlined in the 2015 to 2019 Program Objective Memorandum, the Air Force intends to prioritize the development and acquisition of the long-range strike bomber over the next several years. As the Air Force continues to modernize, the long-range strike bomber remains a must-have capability for future combat operations.

This amendment is very straightforward. I hope we get back on the Defense authorization bill. I hope we have an open amendment process. I hope that amendments such as this, which are germane and noncontroversial, can be included in a managers' package of amendments or at least considered on the floor by my colleagues in the Senate.

It is essential in light of the many challenges we face around the globe today with the potential adversaries out there and the threats that exist as we look out over the horizon that we make every preparation and take every necessary step to ensure our country can defend itself and our allies around the world. American interests and American national security interests are always at stake, and it is important for us to invest wisely in those types of weapon capabilities that can ensure that the United States is prepared for whatever contingency might develop around the world.

I hope we will get back on the Defense authorization bill, allow amendments to be considered, as they have been in the past. Whenever we have processed Defense bills in the past, we have had a process that has allowed for consideration of many amendments. As said before, we had 80 to 100 amendments in most cases and multiple rollcall votes--way more than we had on this bill so far.

This is important to the men and women who wear the uniform of the U.S. military. This should be a priority for us, and it should be a priority for our country. I hope we can get the bill on the floor, process amendments, pass it, and get it on the President's desk where it can be signed into law.

I yield the floor and suggest the absence of a quorum.

Mr. President, I ask unanimous consent that, as in legislative session, the Senate proceed to the consideration of S. 1774, a bill to reauthorize the Undetectable Firearms Act of 1988 for 1 year, introduced earlier today; that the bill be read three times and passed and the motion to reconsider be laid upon the table with no intervening action.

Mr. President, I appreciate the remarks of my friend from Alabama, my gym mate and friend and colleague. I would say this. This is simply a renewal of a bill that has passed the Senate unanimously several times before. These days, technology has allowed us to make undetectable a firearm--no metal. It can get right through a metal detector.

I would like to improve on this bill but, because it expires by December 9, right before we get back, I was hoping we could simply pass the existing law that is on the books. I am afraid that will not happen.

I understand why my colleague from Alabama objected. I hope as soon as we come back we might get this body to pass it and maybe get the House to pass it.

We are in a dangerous world. To allow terrorists, criminals, those who are mentally infirm, to walk through metal detectors with guns that are made of plastic and then use them at airports, sporting events, and schools is a very bad thing. What makes us need to do this rather quickly is that a few months ago someone in Texas published on a Web site a way to make a plastic gun, buying a 3-D printer for less than $1,000. There are over 200,000 copies, hits on that Web site. People hit the Web site then, so we have to move quickly here. I hope we can move as soon as we get back.

I do understand the objection of my colleague tonight, given everything that has happened today, but we cannot wait. I hope nobody will object to this bill. I have some worries that some might, but let's hope not. This is serious stuff.

I yield the floor and suggest the absence of a quorum.

Mr. President, reserving the right to object, I say to our colleagues, this is not a good day to move forward with this legislation. We will be glad to give it serious attention. I know it is the kind of thing we probably can clear at some point, but I object.

Mr. President, I am told there are four bills at the desk due for their first reading, en bloc.

I ask for a second reading en bloc and object to my own request en bloc.