E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 114 CONGRESS, SECOND SESSION

Vol. 162 WASHINGTON, THURSDAY, MARCH 3, 2016 No. 35 House of Representatives The House met at 9 a.m. and was Mr. THOMPSON of Pennsylvania. egon without public or legislative called to order by the Speaker. Mr. Speaker, I object to the vote on the input. In order to be invited to join f ground that a quorum is not present these meetings, individuals are re- and make the point of order that a quired to sign confidentiality agree- PRAYER quorum is not present. ments and agree to a predetermined The Chaplain, the Reverend Patrick The SPEAKER. Pursuant to clause 8, outcome. J. Conroy, offered the following prayer: rule XX, further proceedings on this The issues involving the Klamath God of mercy, thank You for giving question will be postponed. River water and possible removal of us another day. Give us the resolve to The point of no quorum is considered the hydroelectric dams are indeed of bring an end to hunger in our world. withdrawn. concern to the public. The decisions re- Quicken our spirits so that we will f garding whether these dams should be know the blessings of living together in removed and what water and environ- unity and peace. We all have our per- PLEDGE OF ALLEGIANCE mental policy should govern the region sonal aspirations and ideas of what is The SPEAKER. Will the gentleman are fundamentally a public policy deci- best. Grant that we might know the from Vermont (Mr. WELCH) come for- sion. The deliberations should be made satisfaction of sharing our common ward and lead the House in the Pledge in public and free for all to be involved, concerns and experience the joy of mu- of Allegiance. yet long-distance locations an hour or tual accomplishment. Mr. WELCH led the Pledge of Alle- a full day’s drive away don’t make that Bless the Members of the people’s giance as follows: possible, especially when they are held House with success in bringing fruition in secret. to all efforts to work toward common I pledge allegiance to the Flag of the United States of America, and to the Repub- These secret meetings have been hap- solutions to the issues facing our Na- lic for which it stands, one nation under God, pening for years, and they are wrong. tion, solutions which often seem so dis- indivisible, with liberty and justice for all. The agencies of the government are tant. meeting in secret to create a 501(c)(3) During the days of the coming week, f dam removal entity called the Klam- may the American people be able to ANNOUNCEMENT BY THE SPEAKER ath River Renewal Corporation. This communicate their hopes for the ef- The SPEAKER. The Chair will enter- new corporation will be the recipient of forts of their Congressmen and tain up to five requests for 1-minute taxpayer and utility rate dollars. -women. May they understand as well speeches on each side of the aisle. These meetings need to be held in that a unified Nation is equally the public where the people can meet and work of each of us where we live. f hear what they are planning to do. May all that is done this day be for KLAMATH DAM REMOVAL SECRET Your greater honor and glory. MEETINGS f Amen. (Mr. LAMALFA asked and was given TRUTH IN LABELING f permission to address the House for 1 (Mr. WELCH asked and was given THE JOURNAL minute and to revise and extend his re- permission to address the House for 1 The SPEAKER. The Chair has exam- marks.) minute and to revise and extend his re- ined the Journal of the last day’s pro- Mr. LAMALFA. Mr. Speaker, a gov- marks.) ceedings and announces to the House ernment for, by, and of the people can- Mr. WELCH. Mr. Speaker, this is his approval thereof. not hold its most basic deliberations in pure Vermont maple syrup made at a Pursuant to clause 1, rule I, the Jour- secret. I am not talking about matters family farm, Maverick Farm, by nal stands approved. of national security, but basic, every- friends and neighbors Arthur and Anne Mr. THOMPSON of Pennsylvania. day government deliberations. Berndt. People love it. Sugar makers Mr. Speaker, pursuant to clause 1, rule Yet the Department of the Interior, from Maine to Michigan, it is a labor of I, I demand a vote on agreeing to the the State of California, and the State love and real additional income in Speaker’s approval of the Journal. of Oregon are meeting with select small farm economies. The SPEAKER. The question is on groups in private in places like Port- Big companies have figured that out. the Speaker’s approval of the Journal. land, Sacramento, and even proposed They know that consumers love maple The question was taken; and the San Francisco, to make public policy syrup. But instead of buying maple Speaker announced that the ayes ap- decisions affecting my district in the syrup from those farmers, they provide peared to have it. north end of California and south Or- fake labels to mislead consumers.

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Sep 11 2014 23:54 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MR7.000 H03MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1120 CONGRESSIONAL RECORD — HOUSE March 3, 2016 These are some of the biggest compa- engaging and affordable educational life of Isabella Greenway, the first fe- nies in the world. experience that prepares them for suc- male Member of Congress from Ari- Take a look at some of these compa- cessful careers. zona. nies and the products that they claim The college boasts of many great Congresswoman Greenway was a have maple in them. Quaker, Kellogg’s, alumni who have gone on to lead re- trailblazer, social activist, and dedi- Hood, Bakery on Main. They say they markable lives, but the one I admire cated public servant. She worked tire- have maple, but there is not a trace of most is my father. He attended RCC to lessly to serve the people of Arizona maple in it. The ingredients include build up credits for a degree in business and the Nation through the Great De- rice syrup, artificial flavor, caramel administration, and with that degree pression and many years after. color, gelatin, molasses. That is not he was able to earn a good-paying job Congresswoman Greenway was par- maple syrup. that secured my family’s place in the ticularly committed to ensuring that We who represent farmers producing middle class. those who served the Nation in World maple syrup are writing the FDA tell- I was honored to serve on RCC’s War I were taken care of after they re- ing them to have truth in labeling. board of trustees for 22 years, and I turned home. Following the war, she Let’s have real syrup, not fake labels. take pride in what the school continues opened Arizona Hut, a furniture manu- f to do for thousands of students every facturer focused on employing disabled year. veterans and their families. VERA HOUSE WHITE RIBBON Congratulations to Riverside City During her time in Congress, she was CAMPAIGN College on your centennial. Thank you known for her willingness to fight for (Mr. KATKO asked and was given for the incredible impact you have had the rights of veterans, including acting permission to address the House for 1 on our community. as a vocal defender of veterans’ pen- minute.) f sions and introducing legislation to ex- Mr. KATKO. Mr. Speaker, I rise pand the VA in Arizona. today to speak about an important SPECIAL OLYMPICS STATE FLOOR Congresswoman Greenway was an in- issue that faces our society: domestic HOCKEY TOURNAMENT spiration for women in our State and violence and sexual abuse. Violence (Mr. THOMPSON of Pennsylvania throughout our country. She refused to against women is a worldwide but asked and was given permission to ad- be limited or defined by her gender, in- underexamined problem. Sadly, we are dress the House for 1 minute and to re- stead devoting her life to serving and still far from a world where women are vise and extend his remarks.) protecting the most vulnerable mem- free from the threat of harassment, Mr. THOMPSON of Pennsylvania. bers of our society. battering, and sexual assault. Mr. Speaker, I rise in recognition of I hope my colleagues will join with Consider some of these statistics: ac- the 10th anniversary of the Pennsyl- me in honoring the lasting legacy of cording to the FBI, a woman is bat- vania State Floor Hockey Tournament Isabella Greenway. tered every 15 seconds; 2 to 4 million at Bald Eagle High School, located in f American women are abused each year; Pennsylvania’s Fifth Congressional up to 50 percent of homeless women District. This Special Olympics tour- TEXAS LAWMAN—OFFICER DAVID and children in this country are fleeing nament is scheduled for this Saturday HOFER domestic violence. and Sunday. (Mr. POE of Texas asked and was Our country has a moral obligation Each year more than 300 Special given permission to address the House to stand up against those who exploit Olympians and more than 100 coaches for 1 minute and to revise and extend their power to commit violence against from across Pennsylvania compete in his remarks.) women and children. this event, which includes teams from Mr. POE of Texas. Mr. Speaker, he In an effort to raise awareness and a large number of the Commonwealth’s was a son, a brother, and a soon-to-be put an end to domestic violence and counties. groom. David Hofer’s life was ripped sexual abuse, the Vera House in Syra- I congratulate the athletes partici- from this world on March 1, 2 days ago, cuse will be kicking off the White Rib- pating in this week’s tournament in leaving behind his family and his bon Campaign. This campaign is one of advance for their hard work and perse- fiancee. the largest efforts in the world to pre- verance, rising above the challenges to Officer Hofer was 29. He was from vent and end domestic violence and excel in athletics. I look forward to Fort Worth, Texas. He was shot and sexual assault. The campaign will seeing them in person at Bald Eagle coldly murdered after a gunfire ex- begin Friday, March 4, and run through High School this weekend. change with an outlaw in a nearby March 31. I also commend Special Olympics of park. The criminal who gunned him During this month, thousands of my Pennsylvania for its work in planning down was a 22-year-old drug addict who constituents in central New York will this annual event. had been released from prison that be wearing a white ribbon or white Mr. Speaker, the Thompson family very day. wristband to raise awareness about do- has a special connection to these Officer Hofer served with the Euless, mestic violence and sexual abuse. games. My younger son, Kale, who is Texas, Police Department. He had been Wearing the white ribbon demonstrates now a music teacher, was the first stu- serving there for 2 years. He had pre- a personal pledge to never commit, dent director when the floor hockey viously served with the NYPD for 5 condone, or remain silent about vio- tournament moved to the Bald Eagle years. He dedicated his life to pro- lence against women or children. Area site. tecting the rest of us. I encourage my colleagues to join me Along with the annual floor hockey Mr. Speaker, hundreds of blue lights in this effort. tournament, Special Olympics holds its from patrol cars lit the way as Officer f summer games each year at Penn State Hofer’s body was transported from the University in State College. This is a hospital. CONGRATULATING RIVERSIDE great organization which helps so Mr. Speaker, this is the 16th police CITY COLLEGE ON THEIR CEN- many people across Pennsylvania and officer killed this year. In fact, two of- TENNIAL our Nation. ficers now have been murdered in 2 (Mr. TAKANO asked and was given f days. permission to address the House for 1 Mr. Speaker, we must always honor minute and to revise and extend his re- CELEBRATING THE LIFE OF and respect and mourn the life of such marks.) ISABELLA GREENWAY valiant men and women. The thin blue Mr. TAKANO. Mr. Speaker, I rise (Mr. GALLEGO asked and was given line stands strong in the face of today to honor the 100th anniversary of permission to address the House for 1 evildoers that live among us. Riverside City College, one of the old- minute.) The men and women who wear the est and most respected community col- Mr. GALLEGO. Mr. Speaker, I rise badge are America’s best—men such as leges in California. Since 1916, RCC has today as part of Women’s History Officer David Hofer. They sacrifice provided thousands of students with an Month to recognize and celebrate the their lives to keep the homefront safe

VerDate Sep 11 2014 23:54 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.002 H03MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 3, 2016 CONGRESSIONAL RECORD — HOUSE H1121 from the dregs of society, misfits, and For more than 30 years, Jim coached Mr. BYRNE. Mr. Speaker, for the bandits who wish to do the rest of us and mentored young men in Westfield, purpose of debate only, I yield the cus- harm. Noblesville, and Carmel High Schools. tomary 30 minutes to the gentleman Back the blue, Mr. Speaker. Back the He led Carmel High School to four from Colorado (Mr. POLIS), pending blue. State championship titles and is the which I yield myself such time as I And that is just the way it is. 12th winningest coach in Indiana State may consume. During consideration of f history. this resolution, all time yielded is for I attended his memorial service just the purpose of debate only. IT IS TIME TO ACT ON last weekend. There were hundreds of GENERAL LEAVE IMMIGRATION players there. I heard from those whose Mr. BYRNE. Mr. Speaker, I ask (Mr. POLIS asked and was given per- lives had been touched. There were unanimous consent that all Members mission to address the House for 1 those he coached who were now not have 5 legislative days to revise and ex- minute and to revise and extend his re- quite so young, because he coached in tend their remarks. marks.) the 1970s, 1980s, 1990s, and the 2000s. The SPEAKER pro tempore. Is there Mr. POLIS. Mr. Speaker, I want to I also heard from the students he objection to the request of the gen- give a little history about the efforts of taught, the assistant coaches, the fac- tleman from Alabama? the Democratic Party to secure our ulty he worked with, the community There was no objection. Southern border. he served, and, most importantly, his Mr. BYRNE. Mr. Speaker, House Res- We had an immigration bill last ses- family, who loved him so dearly. olution 635 provides for consideration sion. In that bill that passed the Sen- I offer my deepest condolences to his of H.R. 4557, the Blocking Regulatory ate with bipartisan support—not only family, especially his wife Bev. They Interference from Closing Kilns Act of every Democrat, but also many Repub- had just celebrated their 50th wedding 2016. The resolution provides for a licans, like JOHN MCCAIN and MARCO anniversary. We all mourn his loss and closed rule. No amendments are made RUBIO—we had $40 billion to secure our cherish his memory. What a legacy in order, as none were filed with the Southern border. Talk about a secure lives on in Jim Belden. Rules Committee. Additionally, the wall—security, making sure that ille- f rule also provides for standard adjourn- gal products and illegal people do not ment authority. cross across that border—we had that. PROVIDING FOR CONSIDERATION H.R. 4557 is an important piece of leg- Thanks to the Republicans’ failure to OF H.R. 4557, BLOCKING REGU- islation. It is a bipartisan bill that ad- take action in this body, the House of LATORY INTERFERENCE FROM dresses an unfortunate recurring Representatives, and simply pass the CLOSING KILNS ACT OF 2016, AND theme: overreach by the EPA that Senate bill, there is still no security on PROVIDING FOR PROCEEDINGS takes jobs away from hardworking the Southern border. There are people, DURING THE PERIOD FROM Americans. illegal drugs, and illegal products MARCH 4, 2016, THROUGH MARCH Last September the EPA finalized sneaking across every day because this 11, 2016 the National Emission Standards for body hasn’t acted. Mr. BYRNE. Mr. Speaker, by direc- Hazardous Air Pollutants for Brick and Now, it is pie in the sky to think that tion of the Committee on Rules, I call Structural Clay Products and Clay Ce- some other country is going to pay for up House Resolution 635 and ask for its ramics, commonly known as Brick a wall to protect America. It isn’t immediate consideration. MACT. Only in the Federal Govern- going to happen. The Clerk read the resolution, as fol- ment would we string that many words What we did is we actually had fines lows: together and think it makes sense. for people who were here illegally. So H. RES. 635 In that rule, the EPA set stringent people who are here illegally were ac- Resolved, That upon adoption of this reso- standards for brick industry emissions tually the very ones who contributed lution it shall be in order to consider in the of mercury and nonmercury pollutants money back into our coffers to help se- House the bill (H.R. 4557) to allow for judicial as well as health-based standards for cure our Southern border, not to men- review of any final rule addressing national acid gases. tion the additional economic benefit emission standards for hazardous air pollut- EPA previously promulgated Brick and taxes that they would pay going ants for brick and structural clay products MACT standards in 2003. That rule was or for clay ceramics manufacturing before vacated by a Federal court in 2007, but, forward. requiring compliance with such rule. All It is time to act on immigration and by that time, many brick manufactur- points of order against consideration of the ers had already spent millions of dol- secure our border. bill are waived. The bill shall be considered lars in irreversible compliance costs. f as read. All points of order against provi- sions in the bill are waived. The previous Now, let’s be clear. Those aren’t just b 0915 question shall be considered as ordered on costs that are borne by those busi- nesses. Those get passed along to the TRIBUTE TO COACH JIM BELDEN the bill and on any amendment thereto to final passage without intervening motion ex- American consumers, raising the price (Mrs. BROOKS of Indiana asked and cept: (1) one hour of debate equally divided of brick to each and every one of us. was given permission to address the and controlled by the chair and ranking mi- The brick industry faces again the House for 1 minute and to revise and nority member of the Committee on Energy uncertainty of having to spend millions extend her remarks.) and Commerce; and (2) one motion to recom- of dollars to comply with revised Brick Mrs. BROOKS of Indiana. Mr. Speak- mit. SEC. 2. On any legislative day during the MACT while the fate of the rule makes er, I rise today to honor a beloved period from March 4, 2016, through March 11, its way through the court system. member of the Hamilton County, Indi- 2016— Mr. Speaker, the brick industry em- ana, community, Jim Belden. (a) the Journal of the proceedings of the ploys thousands of Americans at more Jim was a dedicated public servant previous day shall be considered as approved; than 70 brick plant and supporting fa- and a devoted husband, father, and and cilities nationwide. These facilities are grandfather. Sadly, he passed away (b) the Chair may at any time declare the located in 38 States. Alabama, my after a battle with cancer. He will be House adjourned to meet at a date and time, home State, is one of the top five dearly missed by the Hoosier commu- within the limits of clause 4, section 5, arti- cle I of the Constitution, to be announced by States for brick manufacturing capac- nity, but what a legacy he left. the Chair in declaring the adjournment. ity and faces some of the largest job Jim left his mark as a family man, a SEC. 3. The Speaker may appoint Members losses. teacher, a U.S. Navy veteran, and a 23- to perform the duties of the Chair for the du- Unlike other industries targeted by year member of the Hamilton County ration of the period addressed by section 2 of EPA’s overreach, the brick industry is Council, but he is best known for being this resolution as though under clause 8(a) of dominated by small, family-owned one of the best football coaches in Indi- rule I. businesses that have been struggling in ana, an Indiana Football Hall of Fame The SPEAKER pro tempore (Mr. our current economy. coach. I am the daughter of a high KELLY of Mississippi). The gentleman EPA estimates industry-wide annual school football coach as well. from Alabama is recognized for 1 hour. compliance in Brick MACT will cost

VerDate Sep 11 2014 23:54 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.003 H03MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1122 CONGRESSIONAL RECORD — HOUSE March 3, 2016 $25 million annually. The industry esti- don’t like, rather than tackling the But, unfortunately, like so many mates that the costs may be as much issues that this country cares about rules under the administration of as $100 million per year. For a facility and that I hear from voters back home George Bush, the rule is written so with two kilns, which is the industry when I have townhall meetings or I am poorly that it was vacated by the average, costs are estimated to be $4.4 at the grocery store. courts in 2007, which means there is no million. I hear about fixing our broken immi- rule under the authority of the Clean Remember, those costs get passed gration system and securing our bor- Air Act, which this Congress has made along to us consumers in the cost of der. I hear about balancing the budget the law of the land, that sets standards bricks. These costs will likely cause deficit. I hear about making sure that for eliminating air pollution in this in- many of these small facilities to shut Medicare and Social Security are sol- dustry. Not only is that unacceptable, their doors and are, of course, over and vent and there for the next generation. but, of course, it needs to be rectified above the millions of dollars already I hear about making sure we create urgently. spent by the industry to comply with jobs, that housing is affordable, and There is nothing special about brick the earlier rule that was vacated by that our roads and bridges are safe so kilns. Like anything else, of course, the D.C. Circuit. traffic can flow safely and quickly. they affect air quality. I have a picture Mr. Speaker, H.R. 4557 ensures that Yet, here we are again, spending an of what we are talking about here. the brick industry will not again have entire legislative day debating a bill Of course, like any other economic to make millions of dollars in expendi- that won’t become law, which you will activity that creates issues regarding tures before Brick MACT works its way certainly hear about over the next cou- air quality, we need a nuanced and through the courts. ple of hours, regarding a series of regu- thoughtful rule that ensures that the H.R. 4557 would implement a legisla- lations around brick kilns. economic activity continues, subject to tive stay to Brick MACT and block the Once again the Republicans are ap- maintaining the public health. rule until all related court challenges proaching a complex rulemaking proc- In fact, the EPA has a responsibility have been resolved by the Federal ess with a knee-jerk reaction in a non- under section 112 of the Clean Air Act courts. transparent process with a closed rule, to control pollution from stationary Opponents of this bill argue that a not even allowing a debate for a single sources of pollution, like brick kilns. legislative stay is unnecessary because amendment. Let me repeat that. The EPA was ac- Not only is this bill not transparent the brick industry can request a judi- tually required by Congress to imple- and not necessary, in this particular cial stay in Federal court; however, as ment a rule that covers this industry case, it sets a bad precedent because an attorney, I can tell you that the the courts already have the authority because, according to the judiciary, standard to receive such a stay is in- to issue a stay of compliance on a final President Bush enacted the rule incor- credibly high and such stays are rarely rule. rectly. granted. As we saw through the recent delay If Congress wants to get at the under- The recent case of Michigan v. EPA of the Clean Power Plan, our judicial lying statutes, let’s have that debate. provides a great example of why this and legislative systems are separate for Let’s talk about what the EPA should legislation is necessary. In that case, a reason. and shouldn’t do. the Supreme Court found the EPA’s Let the courts do their work and let I believe that we should close down Utility MACT rule to be legally flawed us do ours. Let us not preempt the loopholes that exempt fracking from and remanded the case; however, by courts from their normal process. Our regulation under the Clean Air Act. We that time, utility companies had al- judicial and legislative systems are have a series of bills that would do ready been forced to spend billions of separate. Individuals, organizations, that—the BREATHE Act and the dollars to comply with Utility MACT. and companies have plenty of recourse FRESHER Act—to ensure that the Remember, that gets passed along to and options through the court system small site exemption does not occur, the consumers in our utility bills. to address this matter. does not exist with regard to fracking EPA Acting Administrator Janet The floor of the House is not the activities that, in the aggregate, can McCabe stated that, although EPA place to be requesting a stay. If there have a considerable impact on air qual- lost, the Supreme Court’s decision was was something done that was illegal or ity. of limited practical effect because the wrong, the place to request a stay is We have seen areas of our State and majority of power plants were already the courtroom. our neighboring State of Wyoming in compliance or well on their way to But time and time again legislation have worse air quality than downtown compliance. Thus, the EPA was, in like this has come to this floor, dis- Los Angeles because of the extraction practicality, able to evade any mean- posing of the judicial process and and fracking-related activity, which is ingful judicial review, which makes a shortcutting the justice system that largely exempt from the clean air law. mockery of this process. we have to delay a rule until all legal That is the debate I would be happy The EPA should not get to do the challenges are completed, which effec- to have. Let’s debate the appropriate same again to the brick industry while tively means that frivolous lawsuits jurisdiction of the EPA. If there is Brick MACT makes its way through can jam up the rule indefinitely and something we got wrong in that with the court system. Thousands of Amer- forever. regard to brick kilns and their author- ican jobs should not be put at risk due Over the past 45 years, it is proven ity or responsibility, that is the place to a rule which has already been va- that clean air regulations are impor- to have the debate. cated once. Again, the consumers of tant to protect the public health and b 0930 America should not be penalized for consistent with growing a strong econ- the same reason. omy. It is not to give an indefinite stay to I urge my colleagues to support Of course, I understand the pressure simply implement what is the law of House Resolution 635 and the under- requirements placed on brick and clay the land and the will of Congress, lying bill. ceramic makers. They have legitimate which is the EPA’s responsibility. I reserve the balance of my time. reasons to provide input to question or Congress has told the EPA, through Mr. POLIS. Mr. Speaker, I yield my- contest the rule. the Clean Air Act, that they have the self such time as I may consume. The judicial avenue is and will be responsibility under section 112 to con- Mr. Speaker, I rise today in opposi- available to them. That is the appro- trol pollution from stationary sources tion to the rule and the underlying bill. priate venue to request a stay, not the of pollution. They tried to do it under The Blocking Regulatory Interference floor of the House of Representatives. President Bush. It was tossed out by from Closing Kilns Act—certainly, a There are several brick and clay com- the courts because it was improperly mouthful to say—is yet another of the panies in my State of Colorado, such as constructed, and they are doing their endless list of attempts by this body— the Summit Brick & Tile Company in job. and it will not become law—to block Pueblo, Colorado. I know these compa- Yet, Congress is trying to use some- implementation of an administrative nies updated and changed their indus- thing that is normally a judicial proce- rule or regulation that some people try after the 2004 rule. dure, a stay, to get around the very

VerDate Sep 11 2014 23:54 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.006 H03MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 3, 2016 CONGRESSIONAL RECORD — HOUSE H1123 mandate that Congress gave the Envi- The CAA required the Environmental Pro- Land and Water Conservation Fund, ronmental Protection Agency. So it is tection Agency to finalize pollution stand- something that just last week was of- simply the wrong way to go about it. ards for toxic air pollution from all indus- fered as a bipartisan amendment by trial sectors by 2000. Since then, sources in Brick and clay plants, if left unregu- myself and Mr. GRIJALVA and Mr. SAN- lated, which is why they are covered many other sectors have been complying with standards that limit their emissions of FORD of South Carolina. under the Clean Air Act, can be major cancer-causing toxic air pollutants. The sub- But, of course, that amendment was sources of toxic air pollutants, like hy- ject rule reflects CAA requirements while not given an hour of debate, 2 hours of drogen fluoride, hydrogen chloride, and providing flexible compliance options and debate, like this. We have the rule, we hazardous metal, heavy metal pollut- the maximum time allowed by law for com- have the bill. The entire legislative day ants that can endanger people with ev- pliance. It also makes distinctions between is discussing a stay on brick kilns. It erything from asthma to cancer. requirements for small and large kilns in should be in a courtroom, not in the Now, I don’t know about you, but I order to reduce the impacts on small busi- U.S. House. nesses. would rather have my children running We weren’t even given 10 minutes. We around a playground of a town where Since its enactment in 1970, and subse- quent amendment in 1977 and 1990—each weren’t even given 1 minute to discuss plants that put out hazardous pollut- time with strong bipartisan support—the that bipartisan amendment from Mr. ants are regulated in a thoughtful and CAA has improved the Nation’s air quality GRIJALVA and Mr. SANFORD and myself. responsible way, which is what this and protected public health. Over that same Look, the list goes on and on of what rule attempts to do. period of time, the economy has grown over we could be doing. It has been said that That is why opponents of this legisla- 200 percent while emissions of key pollutants politics is the art of the possible. tion include the Center for Biological have decreased nearly 70 percent. Forty-five When the American people look at Diversity, League of Conservation Vot- years of clean air regulation have shown our proceedings on the floor and what ers, League of Women Voters, National that a strong economy and strong environ- mental and public health protection go hand- the Republican majority is doing with Resource Development Council, the Si- Congress, is it any wonder that the ap- erra Club, and the Union of Concerned in-hand. Because H.R. 4557 threatens the health of proval rating of Congress is 8 percent? Scientists. Americans by allowing more toxic air pollu- The people look at Congress and say, All of these experts understand that, tion, if the President were presented with look, you are spending an entire day for 15 years, Congress has expected air H.R. 4557, his senior advisors would rec- debating a stay on kiln rules. First of pollution from these facilities to be ommend that he veto the bill. all, why are you talking about it? It covered by the Clean Air Act stand- Mr. POLIS. Again, so long as even should be in a courtroom. ards, and that delaying the process fur- there are the most frivolous lawsuits Second of all, aren’t there critical ther is irresponsible, prevents the EPA and anybody could continually file a national priorities that you need to be from doing their mandate that Con- lawsuit, and so long as any one of them debating right now to create jobs, gress has given them, sets a dangerous is pending, the rule does not take ef- make America more competitive over- public health precedent, and will en- fect. It is indefinitely stayed. seas, improve our schools, make col- danger lives of American citizens. So, yet again, we are debating some- lege more affordable, balance our def- Not only is this a treacherous pat- thing on the floor going nowhere. We icit, fix our broken immigration sys- tern but, again, it is a waste of time. are not debating improving our roads tem, improve our roads and bridges, This bill won’t become law. It came out and bridges. We are not debating secur- make America more competitive and of committee on a party-line vote. The ing our southern border. We are not de- grow the middle class? Aren’t there? majority knows that, even in the off bating balancing our Federal budget That is what 92 percent of the Amer- chance that the Senate were to con- deficit. We are not debating making ican people are crying out. There is sider this legislation, which I highly America more competitive and bring- still time for this Congress to listen. I doubt, the President would veto the ing jobs from overseas and China back hope that we begin. bill. home here and creating a growing mid- Mr. Speaker, I reserve the balance of It was indicated in the Statement of dle class. Instead, we are wasting time my time. Administration Policy that I will in- on legislation that won’t become law, Mr. BYRNE. Mr. Speaker, I yield 2 clude in the RECORD, Mr. Speaker, that shouldn’t even become law be- minutes to the distinguished gen- which reads, in part, H.R. 4557 would cause it is the inappropriate role of tleman from Arkansas (Mr. create ‘‘an incentive for parties to liti- this body. WESTERMAN). gate this rulemaking and the related There are so many things that we Mr. WESTERMAN. Mr. Speaker, I corrections notice for as long as pos- could be talking about even within the thank the gentleman from Alabama for sible in order to delay air pollution re- energy realm and the EPA realm that his important work on this issue, and ductions.’’ would be productive discussions. I will also the gentleman from Ohio. STATEMENT OF ADMINISTRATION POLICY give you an example. I rise today in support of H.R. 4557, H.R. 4557—BLOCKING REGULATORY INTER- I have had the opportunity in hear- the BRICK Act. This legislation delays FERENCE FROM CLOSING KILNS ACT OF 2016— ings in the Natural Resources Com- an unnecessary EPA rule that imposes REP. BILL JOHNSON, R–OH, AND SEVEN CO- SPONSORS mittee to bring up a bipartisan bill overly strict emission standards on The Administration strongly opposes H.R. that I have with Mr. GOSAR twice this American brick kilns. 4557, which could extend indefinitely dead- week, and this is the third time. It is a Manufacturers shouldn’t have to deal lines for the brick and structural clay indus- bill that would create jobs and create with the hassles of an overzealous reg- try to limit mercury and other hazardous air renewable energy. It is called the Pub- ulator in the first place, but they pollution. Specifically, H.R. 4557 would ex- lic Lands Renewable Energy Develop- should at least get to have their day in tend compliance deadlines for the Brick and ment Act. court fighting this unreasonable regu- Structural Clay National Emission Stand- Why don’t we have a rule on that bill lation before incurring millions of dol- ards for Hazardous Air Pollutants until all or bring it up on suspension? lars of expense to comply. litigation on the final rule is complete, thereby creating an incentive for parties to Mr. GOSAR and my bill would Since 2003, brick manufacturers have litigate the rulemaking and the related cor- incentivize renewable energy develop- reduced emissions from kilns by 95 per- rections notice for as long as possible in ment by streamlining the permitting cent. However, EPA decided to impose order to delay air pollution reductions. In process on public lands for renewable another Washington mandate on small the meantime, H.R. 4557 would undermine energy projects. businesses, which they may not even be the public health protections of the Clean Isn’t that something we can come to- able to meet. Air Act (CAA) by allowing further emissions gether about, making sure that we can Shuttering U.S. brick factories will of approximately 30 tons per month of toxic find a way to expedite siting for renew- lead to higher costs for American con- air pollution from brick and clay products able energy products on public land, sumers, making it even more expensive production facilities. These toxic emissions include mercury, gases, and other hazardous creating jobs and creating clean en- to open a business or raise a family. metals which are associated with a variety ergy? Additionally, manufacturers will of acute and chronic health effects, including Or we could be discussing the need shed good-paying jobs in places like cancers. for a permanent reauthorization of the Malvern, Arkansas. And, once again,

VerDate Sep 11 2014 03:04 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.008 H03MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1124 CONGRESSIONAL RECORD — HOUSE March 3, 2016 our manufacturing needs will move off- President Obama and the administra- work product and, for that, we deserve shore to a place that pollutes much tion is, of course, against providing a a week and a half off. worse than we do here. stay against their own rule that they That is the job that Congress has de- Not only is the EPA out of touch promulgated. Therefore, we are spend- fined for itself, and it is why the Amer- with reality on this issue, they exhibit ing an entire day doing nothing, talk- ican people are so outraged. no common sense when they regulate ing about brick kilns, fiddling while Mr. Speaker, if we defeat the pre- jobs away from America and send them Rome burns. vious question, I will offer an amend- to countries that pay sub-par wages The American people are upset, Mr. ment to the rule that would require the and have sub-par pollution control Speaker. The American people want Republicans to stop their partisan technology. They have a lose-lose prop- this Congress to tackle the issues that games and hold hearings on the budget osition. affect them and their family around proposal, the President’s budget. Mr. Speaker, this is the same EPA their kitchen table: rising rents and Mr. Speaker, I ask unanimous con- that negligently released millions of mortgage prices; maybe the mom or sent to insert the text of the amend- gallons of toxic mine water into the the dad or the kids lost their job and ment in the RECORD, along with extra- Animas River, tried to cover up and need to get back to work; making sure neous material, immediately prior to minimize their actions, refused to take that they have a way to commute to the vote on the previous question. responsibility, and resisted being held work every day, and that our roads and The SPEAKER pro tempore. Is there accountable. bridges are strong, and they spend a objection to the request of the gen- If anyone needs more regulation, it is minimal amount of time in traffic so tleman from Colorado? this out-of-control Federal agency, not they can spend more time with their There was no objection. Mr. POLIS. Mr. Speaker, if we pass hard-working Americans. family or at work earning money; bal- this previous question motion that I Mr. Speaker, for the sake of our envi- ancing our budget deficit to secure a am making, we can actually begin the ronment and economy, I urge the strong financial future for our country; important discussion of how we can House to pass the BRICK Act to keep making sure that Medicare and Social bring our budget into balance and re- the air cleaner and to save good-paying Security are there and safe, not only store fiscal responsibility. jobs here at home. for today’s retirees, but for the next Mr. POLIS. Mr. Speaker, I yield my- Let’s have hearings on the Presi- generation and the next generation of dent’s budget proposal. Let’s talk self such time as I may consume. American retirees; securing our south- I want to talk a little bit more about about the tradeoffs around investments ern border and replacing our broken and savings. Let’s have those meaning- when we say this bill will never become and nonsensical and costly immigra- law what exactly we mean and I mean ful discussions, rather than to spend an tion system with one that works for entire day on brick kilns, and then giv- when I indicate that. America to make us more competitive, There have been an enormous num- ing ourselves a week and a half off. generate more revenues, unites fami- We can still salvage this Congress for ber of bills that have passed the House lies, and reflects our values as a Nation of Representatives. As an example, re- the American people. We can restore of immigrants. trust in the integrity and the desire of pealing the Affordable Care Act, We could be doing any of those ObamaCare, taking health care away the American Government to do good things. We could be debating any of and tackle the big issues we face. I am from tens of millions of Americans— those things. No one says they are that has passed this House in one form confident we can. easy. It starts with time to debate here That can begin by passing my pre- or another 64 times. So 64 times the on the floor of the House. What a great vious question motion and getting to House of Representatives has voted to way to spend a day, a Thursday. debate about the budget and balancing repeal the Affordable Care Act. That is By the way, Speaker RYAN and the our budget and the tradeoffs and in- clearly what people who have been Republicans don’t even have us work- vestments in our future, rather than elected to the House have decided to ing Friday, tomorrow. They are send- debating kilns and giving ourselves a do. ing us all home on Thursday, after week and a half off. The House of Representatives alone, spending a day debating brick kilns. Mr. Speaker, I reserve the balance of however, doesn’t get to make the law. We are not even debating anything to- my time. We have the United States Senate and morrow, Friday, or Monday or Tuesday we have a President. The United States or Wednesday or Thursday or Friday of b 0945 Senate usually requires, as a proce- next week. Mr. BYRNE. Mr. Speaker, I yield my- dural matter, 60 votes to move legisla- I mean, look, the American people self such time as I may consume. tion forward. And of course, even after would love this kind of job which the I was very interested to hear my col- a bill in the same form passes the Republican majority has given them- league talk about what makes the House and the Senate, for it to become selves with the congressional calendar American people frustrated and angry law, the President needs to sign it. If where we have worked 31⁄2 days this right now. I have just come through a the President vetoes it, it immediately week, get Friday off, all of next week primary campaign for my seat in Ala- comes back and will require two-thirds off, and spend a whole day debating bama. I spent a lot of time with the to override the veto. brick kilns, rather than the issues that citizens of the United States in my dis- So what we are talking about with the American people care about. trict. They are indeed frustrated and this bill around kilns, like this one That is what is going on here. That is angry, and let me tell you why. They here, we are talking about a bill that why Congress has such a low approval are frustrated and angry because we probably will pass the House. I expect rating. have a government in the Federal that that is what we are spending a Well, look, let’s begin by debating sphere that is out of control, and it is whole day on. I don’t think the Repub- the issues that people care about. They taking away their jobs. licans would want to spend a whole day are hard. I get that. Fixing our broken This regulation will take away jobs on it if it was going to fail. So let’s as- immigration system, balancing our from people in Alabama. It will take sume it passes. budget deficit, securing Medicare and away jobs from people in 38 States. I have heard no indication whatso- Social Security, are not easy issues. That is what makes them angry: a Fed- ever that the Senate is going to take But why don’t we spend a day doing eral Government that cares so little this up in any way, shape, or form. In that, today, all day, having ideas from about them that they would put out a the unlikely event that the Senate both sides of the aisle, having Members regulation like this that kills jobs, takes it up, they have the challenge of speak about their plans to make Amer- that raises the price of bricks on those getting 60 votes. ica better and stronger, rather than de- of us who buy them to build our homes, The bill had no bipartisan support in bating a court procedure, a stay on and the Federal Government thinks committee. It is hard to see how they brick kilns, all day, and then reward- that is necessary. But we have to do would get enough Democratic support ing ourselves with a day off tomorrow. this today because we have a Federal in the Senate to get the 60 votes to Job well done, Congress. We did a Government that doesn’t understand pass the bill. Even if they somehow did, court procedure on brick kilns as our that its role is not to do that.

VerDate Sep 11 2014 23:54 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.009 H03MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 3, 2016 CONGRESSIONAL RECORD — HOUSE H1125 So let’s get back to what this really So I would hope that there would be called the small site exemption in the means. This is not a partisan issue. greater sensitivity from this adminis- Clean Air Act, where, even though each Two of the sponsors of this bill are tration for my colleagues in this House particular fracking pad has a very from the other party. My colleague to people who are being hurt by this small contribution to air quality, when from Alabama (Ms. SEWELL) is a spon- rule, and I hope that we will all take you start having thousands of them in sor of this bill and the gentleman from this very seriously as the important a limited area—which we do—it starts Georgia (Mr. BISHOP) is a sponsor of issue that it is. looking a lot less like a couple auto- this bill because they understand it is Mr. Speaker, I reserve the balance of mobiles and a lot more like a large in- going to hurt their constituents. It is my time. dustrial factory. So they shouldn’t be going to hurt the average working per- Mr. POLIS. Mr. Speaker, I yield my- exempt just by nature of being small, son in this country. self such time as I may consume. because when you have a lot of small My colleagues on the other side don’t Mr. Speaker, I want to, first of all, things, it equals not only one big get that, and because they don’t get congratulate the gentleman from Ala- thing, it equals 10 big things and 100 that, there is no job too small for bama. He had a recent election and tri- big things. them, in their minds, to kill. There is umphed, and, of course, we will be ex- We have over 40,000 active wells in no business too small for them to put cited to continue to serve with him. the greater Weld-Larimer County area out of business. There is no amount of When we run, it is difficult. We have alone, and there is an enormous impact money that they are going to increase our ear to the ground, and we hear peo- on our air quality, which is exempt what we consumers have to pay that is ple. The gentleman mentioned that under the small site exemption. too much for them. They would kill people were angry back home. I think So again, section 112 directs the EPA every job, and they would hold back there are a lot of people in my district to promulgate these rules. If we want every consumer’s ability to get a home that are angry, too. But again, I want to open up the mandate that Congress at a decent price to get some little, to ask the gentleman: Is what they has given the EPA, let’s have that dis- small, almost nothing benefit. were angry about this brick kiln rule, cussion. There were no amendments offered as or were they angry about the failure of As an individual legislator, I might part of this debate today because none Congress to secure our borders and the trade you this brick kiln authority if were offered in committee and none failure of Congress to balance our we can close the small site exemption. were offered to the Rules Committee. budget, all those things? I want to ask I would say, fine; my constituents care So this is not a closed debate because whether what you heard about in that more about closing that small site ex- we are trying to close off amendments. anger was about brick kilns, or was it emption than they do if there are two There aren’t any amendments. about other issues. brick kilns in our entire State. So I Now, I heard a lot about a judicial I yield to the gentleman from Ala- think, in general, my constituents and stay. I said this in my initial remarks: bama. Coloradans care more about making saying that there is a ‘‘possibility’’ for Mr. BYRNE. Mr. Speaker, they are sure our air quality is good and pro- a judicial stay says nothing about the angry about a Federal Government tected with regard to the emissions practicality of it. I addressed that in that is overreaching and hurting them. from the fracking activity than from my opening remarks. Let me just tell That is what they are angry about. the two brick kilns. So I would be open you, as a practical way, it is almost Mr. POLIS. Did anybody who was to that as a legislative compromise. impossible to get this stay. Yet, when angry bring up brick kilns as some- That is how legislation is made. But we they got a stay several years ago, it thing they were angry about? are not allowed to have that debate. was so late in the game that the brick I yield to the gentleman from Ala- The gentleman mentioned, oh, no industry had to go ahead and make all bama. amendments were brought forward. the changes, which cost jobs and in- Mr. BYRNE. Mr. Speaker, they Guess what? We did a motion in the creased the price of bricks for the rest brought up the EPA over and over Rules Committee—I am sure the gen- of us. again. I hear about the EPA every- tleman from Alabama remembers—yes- Here is the truth. My colleague said where I go. terday to do an open rule on this. If that there is an obligation to have a Mr. POLIS. Mr. Speaker, reclaiming rule here. There is already a rule on that had passed—and it failed on a par- my time, as I indicated, it would be an particulate matter, and most of the tisan vote. Not a single Republican appropriate discussion for us to talk benefits in the rule that has been pro- voted to allow an open rule on this bill. about the statutory obligations of posed here are to particulate matter. It If that had succeeded, if that had EPA. We might have differing opinions. is already regulated. passed, that open rule the Democrats And, oh, by the way, when that prior I think they should have the authority, wanted, we could then introduce regulation that was turned back by the we should remove the small site ex- amendments like the ones that I men- Supreme Court was put out there and emption, and they should look at emis- tioned to talk about the authority of the industry had to go ahead and com- sions from the fracking industry and the EPA or other issues that we have ply with it, they had already reduced the extraction. But that is a valid dis- to improve the statutory requirements emissions by over 90 percent. cussion to have. in charge of the EPA. Right on the So what we are talking about in this Instead of that, we are saying you are floor, we would have the opportunity regulation is another effort to get at doing what we told you to do, but we to do that. Instead, we have an entire some small, little, almost imperceiv- want to grant a stay. So Congress, day on brick kilns without even being able benefit at the cost of hundreds, if under the EPA in section 112, directed allowed to introduce amendments that not thousands, of American jobs. I am the EPA under the Clean Air Act to affect our clean air and water in any astonished that this administration is promulgate these regulations. Presi- way, shape, or form. I think we can do so insensitive to that. The people of dent George Bush did so. They were better. America are angry and frustrated be- tossed out, and now there is a new set The gentleman also asked what the cause of that. of regulations going forward to imple- impact of the brick kilns on this is. Now, I know that we are going to be ment what Congress wanted the EPA The EPA estimates that the brick and having debates about some of the to do. clay rule would reduce national air issues that my colleague talked about, Now, if the gentleman from Alabama toxins by approximately 375 tons in and I am looking forward to those de- doesn’t want the EPA to do that, let’s 2018. Again, that is what Congress has bates. But to the people who work in have that discussion about EPA’s au- told the EPA to do under the Clean Air the industry, this is an important thority. I am happy to do it. I have Act. issue. It may not be important to other ideas. Maybe there are some areas the If Congress wants the EPA to do people in this House, but it is impor- EPA shouldn’t have that mandate au- something different, let’s have that tant to people that work for these thority. There are other areas, like discussion, section 112, other sections brick businesses. It is important to me making sure we look at emissions from of the Clean Air Act, of the mandate as a consumer looking at what it is fracking where we need enhanced au- that Congress has given the EPA. Let’s going to cost me for buying new bricks. thority because there is something not use a court procedure, a stay, that

VerDate Sep 11 2014 23:54 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.011 H03MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1126 CONGRESSIONAL RECORD — HOUSE March 3, 2016 won’t become law to short-circuit So fast-forward. Where are we today? I just had a townhall meeting last something that Congress has told the The courts have done this on the week in Fort Collins, Colorado, the big- EPA to do. It is positively schizo- Clean Power Plan, the big climate gest city in my district. About 100 peo- phrenic for Congress to require an change rule. What the Court just said ple came. Not a single person was agency to do something and then say for the first time, the Supreme Court angry about brick kilns. we are not going to allow you to do said: No, we are not going to force the But, yes, there was a lot of anger what we told you to do. States to implement the Clean Power there about some of the issues I indi- Mr. Speaker, I reserve the balance of Plan until it is litigated in the courts. cated: people frustrated with why Con- my time. They put a stay on everyone and said: gress refuses to act on making college Mr. BYRNE. Mr. Speaker, if I heard Don’t do anything. Let’s have the leg- more affordable, why Congress has re- the gentleman correctly, he wants an islative-judicial debate and fight. fused to act in making sure that Medi- open rule. Let me restate: we had no That is what this bill does. Let’s just care and Social Security are there for amendments offered at the committee have the litigation on the legality of the next generation, and why Congress of jurisdiction and no amendments of- this new rule. If it comes up that it is doesn’t put our country on the course fered before the Rules Committee, so legal, then the industry is going to of fiscal responsibility and reduce our that would fly in the face of our desire have to comply. But if it comes out debt-to-GDP ratio. here to have regular order. What he has that it is not legal, guess what. We are But, instead, we are debating a bill proposed is not regular order. He is going to save jobs. We are going to save that won’t become law without allow- proposing chaos, and I don’t think the communities, and we are going to save ing amendments here on the floor. American people want us to be in chaos the family income for two kilns in a That is what a closed rule means. If it around here. State or maybe more, depending upon was an open rule, I would be able to Mr. Speaker, I yield 5 minutes to the the brick-producing capability of indi- offer my amendment to close the small gentleman from the great State of Illi- vidual States. site exemption with regard to fracking, nois (Mr. SHIMKUS), a great conserv- So I am down here just to thank the but I can’t. ative leader. Rules Committee for bringing this bill We are debating a bill that won’t be- (Mr. SHIMKUS asked and was given to the floor. come law, attacking a rule that is permission to revise and extend his re- I look forward to the debate. It is merely implementing what Congress marks.) much more than brick kilns. It is has told not just this President, but Mr. SHIMKUS. Mr. Speaker, I thank about when can the EPA force a com- any President, to do. George Bush the gentleman for the time to speak on pany to do something. We would hope tried. Obama tried. the rule. they could only do it after it has been It is because Congress, under the Our process for a bill to get to the ruled legal by the courts if someone Clean Air Act, tells the executive: You floor is it has to go through the Rules challenges a rule, and that is what this have to do this under section 112. And Committee. This was a very, very im- does. then, when they do it, there is the issue Mr. POLIS. Mr. Speaker, I yield my- portant bill. It was interesting in the that went through the courts. self the balance of my time. debate, listening to the sides, because That is appropriate. That is their there is an argument by constituents b 1000 role. But when they implement what of having clean bills: one bill, one There is a way that our process Congress has told them to do, we are issue, simply understood, vote on it, in- works around here. If a rule is illegal, saying: No. There is an indefinite stay. stead of this horse trading that some- it will be tossed out by the courts. That is what this bill would do. times gets proposed: you give me this George Bush’s attempt to implement I know, Mr. Speaker, regardless of for my giving you that. I can tell you the Clean Air Act, section 112, around what they think about any of the poli- one thing, I know in my district they brick kilns was tossed out. cies or rules put out by this adminis- really don’t like this. They want us to What this bill does is says that, so tration or any administration, it is not be accountable for a bill. long as there is a court challenge, the place of Congress to issue stays on I also get frustrated with how easy it there is some sort of presumption that rules. It is the role of the courts. is to throw away jobs: I only have the rule be tossed out and, therefore, The Constitution established three blank kilns in my State. Those are an indefinite stay. branches in our government for a rea- good-paying jobs for families, and they Now, there can be challenges all the son under our Constitution. It is the are important to the fabric of those time. The minute one fails, another courts’ job, not Congress’ job, to inter- communities. Just to say, ‘‘Look, I one can be launched. No bones about it. fere with the legal process. have only got two. I don’t really worry This would indefinitely prevent this It is not Congress’ job to take that about them. Let’s trade them off’’ is rule from ever taking effect with re- responsibility away from the judicial really troublesome, and I am sorry we gard to brick kilns. branch, especially with a bill that fall into that type of debate. I have to say, Mr. Speaker, I haven’t would actually encourage more frivo- This is really part of a bigger debate heard from a single constituent on this lous litigation by rewarding frivolous in that the courts have already done issue. Like the gentleman from Ala- litigation and endless appeals when we this with the Clean Power Plan, the bama, my constituents are angry. They already have too much of that in our climate change bill. The debate is, are angry at Congress and worried court system. ‘‘Okay. EPA, you can do the regula- about the direction of the country. Mr. Speaker, I urge my colleagues to tion. Do the regulation.’’ What the They want Congress to replace our vote ‘‘no’’ to defeat the previous ques- EPA likes to do is do the regulation; broken immigration system with one tion, which, if we succeed on that vote, and they play this game: ‘‘We know it that works and secure our southern we can immediately get to hold hear- is not legal, so we will impose the regu- border. They want Congress to return ings on the President’s budget pro- lation. We know it is not legal. We are to fiscal responsibility and balance our posals. going to force industry to comply,’’ budget. They want to make sure that I urge my colleagues to vote ‘‘no’’ on and then when the courts say it is not college is affordable for the next gen- the rule as well, again, a closed rule, legal, they have already gone too far, eration. They want to make sure they not allowing amendments here on the and the jobs have been lost. have good jobs here at home. floor of the House. That is factual. That is what hap- They want to make sure that we en- I yield back the balance of my time. pened in 2003. That is what happened courage companies to locate and grow Mr. BYRNE. Mr. Speaker, I yield my- when the EPA promulgated the MACT here in America rather than take tax self such time as I may consume. rules in 2003. The rules were vacated by advantages for relocating overseas or The American people are sick and the Federal court in 2007—vacated— inverting their headquarters to occur tired of a Federal Government that is which means you can’t do it. But the overseas, as occurs with today’s Tax out of control. I can’t imagine the industry already was forced to do it, ei- Code. Those are some of the many Founders of this country in that con- ther to spend millions and millions of issues that my constituents want me to stitutional convention in Philadelphia dollars, or they had to close. talk about here. in 1787 saying: Now, let’s think about a

VerDate Sep 11 2014 23:54 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.012 H03MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 3, 2016 CONGRESSIONAL RECORD — HOUSE H1127 government agency established under a vote to allow the Democratic minority to The yeas and nays were ordered. our Constitution that is going to regu- offer an alternative plan. It is a vote about The SPEAKER pro tempore. Pursu- late bricks. what the House should be debating. ant to clause 8 and clause 9 of rule XX, Mr. Clarence Cannon’s Precedents of the No wonder the American people look House of Representatives (VI, 308–311), de- this 15-minute vote on ordering the at the Federal Government and say: scribes the vote on the previous question on previous question will be followed by 5- Have you lost your mind? What are you the rule as ‘‘a motion to direct or control the minute votes on adopting the resolu- doing? consideration of the subject before the House tion, if ordered, and suspending the These other issues that my colleague being made by the Member in charge.’’ To rules and passing S. 1826, if ordered. talked about are important. But we defeat the previous question is to give the The vote was taken by electronic de- have to stop here in this Congress to opposition a chance to decide the subject be- vice, and there were—yeas 233, nays deal with another out-of-control Fed- fore the House. Cannon cites the Speaker’s ruling of January 13, 1920, to the effect that 174, not voting 26, as follows: eral agency—and the EPA is one of the ‘‘the refusal of the House to sustain the de- [Roll No. 106] most out-of-control Federal agencies— mand for the previous question passes the YEAS—233 to protect the American people and, control of the resolution to the opposition’’ Abraham Graves (MO) Palmer yes, to protect their jobs, to protect in order to offer an amendment. On March Aderholt Grothman Paulsen the consumers of America from unrea- 15, 1909, a member of the majority party of- Amash Guinta Pearce sonable increases in the cost of things fered a rule resolution. The House defeated Amodei Guthrie Perry like bricks because another agency has the previous question and a member of the Babin Hanna Pittenger opposition rose to a parliamentary inquiry, Barletta Hardy Poe (TX) done something to them. asking who was entitled to recognition. Barr Harper Poliquin Yes, I think the American people are Speaker Joseph G. Cannon (R-Illinois) said: Barton Hartzler Pompeo sick and tired of that, and I do think it Benishek Heck (NV) Posey ‘‘The previous question having been refused, Bilirakis Hensarling Price, Tom is the role of this Congress to do some- the gentleman from New York, Mr. Fitz- Bishop (MI) Hice, Jody B. Ratcliffe thing about it. gerald, who had asked the gentleman to Bishop (UT) Hill Reed The EPA would have no power except yield to him for an amendment, is entitled to Black Holding Reichert for the fact that this Congress has dele- the first recognition.’’ Blackburn Hudson Renacci The Republican majority may say ‘‘the Blum Huelskamp Ribble gated its own legislative power to the vote on the previous question is simply a Bost Huizenga (MI) Rice (SC) EPA. Indeed, it is our role to not only vote on whether to proceed to an immediate Boustany Hultgren Rigell provide oversight to that power but, on vote on adopting the resolution.... [and] Brady (TX) Hunter Roby Brat Hurd (TX) Roe (TN) particular occasions, to take it back. has no substantive legislative or policy im- Bridenstine Hurt (VA) Rogers (AL) Frankly, in my judgment, we don’t plications whatsoever.’’ But that is not what Brooks (AL) Issa Rogers (KY) take it back enough. If we took it back they have always said. Listen to the Repub- Brooks (IN) Jenkins (KS) Rohrabacher more, we would be protecting the lican Leadership Manual on the Legislative Buchanan Jenkins (WV) Rokita Buck Johnson (OH) Rooney (FL) American people more and their jobs Process in the United States House of Rep- resentatives, (6th edition, page 135). Here’s Bucshon Johnson, Sam Ros-Lehtinen and the cost of things that they buy how the Republicans describe the previous Burgess Jolly Roskam every day. question vote in their own manual: ‘‘Al- Byrne Jones Ross I understood what my colleague just Calvert Jordan Rothfus though it is generally not possible to amend Carter (GA) Joyce Rouzer said. I heard it. But once again I don’t the rule because the majority Member con- Carter (TX) Katko Royce think he is thinking about those people trolling the time will not yield for the pur- Chabot Kelly (MS) Russell who work for these brick companies pose of offering an amendment, the same re- Chaffetz Kelly (PA) Salmon and I don’t think he is thinking about sult may be achieved by voting down the pre- Clawson (FL) King (IA) Sanford vious question on the rule. . . . When the Coffman King (NY) Scalise the consumers of America, who are motion for the previous question is defeated, Cole Kinzinger (IL) Schweikert Collins (GA) Kline Scott, Austin ready for the Congress to do its job to control of the time passes to the Member protect them. This is one way that we Collins (NY) Knight Sensenbrenner who led the opposition to ordering the pre- Comstock Labrador Sessions can do that. vious question. That Member, because he Conaway LaHood Shimkus Mr. Speaker, I again urge my col- then controls the time, may offer an amend- Cook LaMalfa Shuster leagues to support H. Res. 635 and the ment to the rule, or yield for the purpose of Costello (PA) Lamborn Simpson amendment.’’ Cramer Lance Smith (MO) underlying bill. Crawford Latta Smith (NE) The material previously referred to In Deschler’s Procedure in the U.S. House of Representatives, the subchapter titled Crenshaw LoBiondo Smith (NJ) by Mr. POLIS is as follows: ‘‘Amending Special Rules’’ states: ‘‘a refusal Culberson Long Smith (TX) Curbelo (FL) Loudermilk Stefanik AN AMENDMENT TO H. RES. 635 OFFERED BY to order the previous question on such a rule Davis, Rodney Love Stewart MR. POLIS OF COLORADO [a special rule reported from the Committee Denham Lucas Stivers At the end of the resolution, add the fol- on Rules] opens the resolution to amend- Dent Luetkemeyer Stutzman lowing new sections: ment and further debate.’’ (Chapter 21, sec- DeSantis Lummis Thompson (PA) SEC 4. Immediately upon the adoption of tion 21.2) Section 21.3 continues: ‘‘Upon re- DesJarlais MacArthur Thornberry this resolution it shall be in order without jection of the motion for the previous ques- Diaz-Balart Marchant Tiberi intervention of any point of order to con- tion on a resolution reported from the Com- Dold Marino Tipton Donovan Massie Trott sider in the House the resolution (H. Res. 624) mittee on Rules, control shifts to the Mem- Duffy McCarthy Turner Directing the Committee on the Budget to ber leading the opposition to the previous Duncan (SC) McClintock Upton hold a public hearing on the President’s fis- question, who may offer a proper amendment Duncan (TN) McHenry Valadao cal year 2017 budget request with the Direc- or motion and who controls the time for de- Ellmers (NC) McKinley Walberg tor of the Office of Management and Budget bate thereon.’’ Emmer (MN) McMorris Walden as a witness. The resolution shall be consid- Clearly, the vote on the previous question Farenthold Rodgers Walker ered as read. The previous question shall be on a rule does have substantive policy impli- Fincher McSally Walorski cations. It is one of the only available tools Fitzpatrick Meadows Walters, Mimi considered as ordered on the resolution and Fleischmann Meehan Weber (TX) preamble to adoption without intervening for those who oppose the Republican major- Fleming Messer Webster (FL) motion or demand for division of the ques- ity’s agenda and allows those with alter- Flores Mica Wenstrup tion except one hour of debate equally di- native views the opportunity to offer an al- Forbes Miller (FL) Westerman vided and controlled by the chair and rank- ternative plan. Fortenberry Miller (MI) Whitfield ing minority member of the Committee on Mr. BYRNE. Mr. Speaker, I yield Foxx Moolenaar Williams the Budget. Frelinghuysen Mooney (WV) Wilson (SC) back the balance of my time, and I Garrett Mullin Wittman SEC. 5. Clause 1(c) of rule XIX shall not move the previous question on the res- Gibbs Murphy (PA) Womack apply to the consideration of House Resolu- olution. Gibson Neugebauer Woodall tion 624. The SPEAKER pro tempore (Mr. Gohmert Newhouse Yoder Goodlatte Noem Yoho THE VOTE ON THE PREVIOUS QUESTION: WHAT RIBBLE). The question is on ordering Gosar Nugent Young (AK) IT REALLY MEANS the previous question. Gowdy Nunes Young (IA) The question was taken; and the Granger Olson Young (IN) This vote, the vote on whether to order the Graves (GA) Palazzo Zeldin previous question on a special rule, is not Speaker pro tempore announced that merely a procedural vote. A vote against or- the ayes appeared to have it. NAYS—174 dering the previous question is a vote Mr. POLIS. Mr. Speaker, on that I Adams Ashford Bera against the Republican majority agenda and demand the yeas and nays. Aguilar Becerra Beyer

VerDate Sep 11 2014 03:04 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.013 H03MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1128 CONGRESSIONAL RECORD — HOUSE March 3, 2016 Bishop (GA) Grayson O’Rourke The vote was taken by electronic de- Connolly Kaptur Pocan Blumenauer Green, Al Pallone vice, and there were—ayes 235, noes 173, Conyers Keating Polis Bonamici Grijalva Payne Courtney Kelly (IL) Price (NC) Boyle, Brendan Gutie´rrez Pelosi not voting 25, as follows: Crowley Kennedy Quigley F. Hahn Perlmutter [Roll No. 107] Cuellar Kildee Rangel Brady (PA) Hastings Peters Cummings Kilmer Rice (NY) Brown (FL) Heck (WA) Peterson AYES—235 Davis (CA) Kind Richmond Brownley (CA) Higgins Davis, Danny Kirkpatrick Pingree Abraham Graves (LA) Palmer Ruiz Bustos Himes DeFazio Kuster Pocan Aderholt Graves (MO) Paulsen Ruppersberger Butterfield Honda DeGette Langevin Polis Allen Griffith Pearce Rush Capps Hoyer Delaney Larsen (WA) Price (NC) Amash Grothman Pittenger Ryan (OH) Capuano Huffman DeLauro Larson (CT) Quigley Amodei Guinta Poe (TX) Sa´ nchez, Linda Carney Israel DelBene Lawrence Rangel Babin Guthrie Poliquin T. Carson (IN) Jackson Lee DeSaulnier Lee Rice (NY) Barletta Hanna Pompeo Cartwright Jeffries Deutch Levin Sarbanes Barr Hardy Posey Castor (FL) Johnson (GA) Richmond Dingell Lewis Schakowsky Barton Harper Price, Tom Castro (TX) Johnson, E. B. Ruiz Doggett Lieu, Ted Schiff Benishek Harris Ratcliffe Chu, Judy Kaptur Ruppersberger Doyle, Michael Lipinski Schrader Bilirakis Hartzler Cicilline Keating Rush Reed F. Loebsack Scott (VA) Bishop (MI) Heck (NV) Clark (MA) Kelly (IL) Ryan (OH) Reichert Duckworth Lofgren Scott, David Blackburn Hensarling Clarke (NY) Kennedy Sa´ nchez, Linda Renacci Edwards Lowenthal Serrano Blum Hill Clay Kildee T. Ribble Ellison Lowey Sewell (AL) Bost Holding Cleaver Kilmer Sarbanes Rice (SC) Engel Lujan Grisham Sherman Boustany Hudson Clyburn Kind Schakowsky Rigell Eshoo (NM) Sires Brady (TX) Huelskamp Cohen Kirkpatrick Schiff Roby Esty Luja´ n, Ben Ray Brat Huizenga (MI) Slaughter Connolly Kuster Schrader Roe (TN) Farr (NM) Bridenstine Hultgren Speier Conyers Langevin Rogers (AL) Fattah Lynch Scott (VA) Brooks (AL) Hunter Swalwell (CA) Cooper Larsen (WA) Rogers (KY) Foster Maloney, Scott, David Brooks (IN) Hurd (TX) Takai Courtney Larson (CT) Rohrabacher Frankel (FL) Carolyn Serrano Buchanan Hurt (VA) Takano Crowley Lawrence Rokita Fudge Maloney, Sean Sewell (AL) Buck Issa Thompson (CA) Cuellar Lee Rooney (FL) Gabbard Matsui Sherman Bucshon Jenkins (KS) Thompson (MS) Cummings Levin Ros-Lehtinen Gallego McCollum Sinema Burgess Jenkins (WV) Titus Davis (CA) Lewis Roskam Garamendi McGovern Sires Byrne Johnson (OH) Tonko Davis, Danny Lieu, Ted Ross Graham McNerney Slaughter Calvert Johnson, Sam Torres DeFazio Lipinski Rothfus Grayson Meeks Speier Carter (GA) Jolly Tsongas DeGette Loebsack Rouzer Green, Al Meng Swalwell (CA) Carter (TX) Jones Van Hollen Delaney Lofgren Royce Gutie´rrez Moulton Takai Chabot Jordan Vargas DeLauro Lowenthal Russell Hahn Murphy (FL) Takano Chaffetz Joyce DelBene Lowey Salmon Hastings Nadler Veasey Thompson (CA) Clawson (FL) Katko DeSaulnier Lujan Grisham Sanford Heck (WA) Neal Vela Thompson (MS) Coffman Kelly (MS) ´ Deutch (NM) Scalise Higgins Nolan Velazquez Titus Cole Kelly (PA) Dingell Luja´ n, Ben Ray Schweikert Himes Norcross Visclosky Collins (GA) King (IA) Doggett (NM) Tonko Scott, Austin Honda O’Rourke Walz Collins (NY) King (NY) Doyle, Michael Lynch Torres Sensenbrenner Hoyer Pallone Wasserman Comstock Kinzinger (IL) F. Maloney, Tsongas Sessions Huffman Payne Schultz Conaway Kline Duckworth Carolyn Van Hollen Shimkus Israel Pelosi Waters, Maxine Cook Knight Edwards Maloney, Sean Vargas Shuster Jackson Lee Perlmutter Watson Coleman Cooper Labrador Ellison Matsui Veasey Simpson Jeffries Peters Welch Costello (PA) LaHood Eshoo McCollum Vela Johnson (GA) Peterson Wilson (FL) Cramer LaMalfa Sinema Esty McDermott Vela´ zquez Johnson, E. B. Pingree Crawford Lamborn Smith (MO) Yarmuth Farr McGovern Visclosky Crenshaw Lance Smith (NE) Fattah McNerney Walz NOT VOTING—25 Culberson Latta Smith (NJ) Foster Meng Wasserman Curbelo (FL) LoBiondo Smith (TX) Beatty Hinojosa Pitts Frankel (FL) Moulton Schultz Davis, Rodney Long Stefanik Bishop (UT) Love Roybal-Allard Fudge Murphy (FL) Waters, Maxine Denham Loudermilk Stewart Black McCaul Sanchez, Loretta Gabbard Nadler Watson Coleman Dent Lucas Stivers Ca´ rdenas McDermott Smith (WA) Gallego Neal Welch DeSantis Luetkemeyer Stutzman Costa Moore Wagner Garamendi Nolan Wilson (FL) DesJarlais Lummis Thompson (PA) Green, Gene Mulvaney Westmoreland Graham Norcross Yarmuth Diaz-Balart MacArthur Thornberry Grijalva Napolitano Zinke Tiberi Herrera Beutler Pascrell NOT VOTING—26 Dold Marchant Donovan Marino Tipton Hice, Jody B. Perry Allen Griffith Pascrell Trott Duffy Massie ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Bass Harris Pitts Duncan (SC) McCarthy Turner Beatty Herrera Beutler Roybal-Allard Duncan (TN) McClintock Upton The SPEAKER pro tempore (during Ca´ rdenas Hinojosa Sanchez, Loretta Ellmers (NC) McHenry Valadao the vote). There are 2 minutes remain- Costa McCaul Smith (WA) Emmer (MN) McKinley Walberg ing. Engel Meeks Wagner Farenthold McMorris Walden Franks (AZ) Moore Westmoreland Fincher Rodgers Walker b 1033 Graves (LA) Mulvaney Zinke Fitzpatrick McSally Walorski Green, Gene Napolitano Fleischmann Meadows Walters, Mimi So the resolution was agreed to. Weber (TX) b 1026 Fleming Meehan The result of the vote was announced Flores Messer Webster (FL) as above recorded. Mrs. DINGELL, Messrs. WELCH and Forbes Mica Wenstrup Fortenberry Miller (FL) Westerman A motion to reconsider was laid on COOPER changed their vote from Foxx Miller (MI) Whitfield the table. ‘‘yea’’ to ‘‘nay.’’ Franks (AZ) Moolenaar Williams Stated for: Wilson (SC) So the previous question was ordered. Frelinghuysen Mooney (WV) Mr. JODY B. HICE of Georgia. Mr. Speaker, The result of the vote was announced Garrett Mullin Wittman Gibbs Murphy (PA) Womack on rollcall No. 107, I was unavoidably de- as above recorded. Gibson Neugebauer Woodall tained. Had I been present, I would have Stated for: Gohmert Newhouse Yoder voted ‘‘yes.’’ Mr. ALLEN. Mr. Speaker, on rollcall No. Goodlatte Noem Yoho Gosar Nugent Young (AK) Mr. PERRY. Mr. Speaker, on rollcall No. 106, I was unavoidably detained. Had I been Gowdy Nunes Young (IA) 107, I was detained and missed the vote. Had present, I would have voted ‘‘yes.’’ Granger Olson Young (IN) I been present, I would have voted ‘‘aye.’’ The SPEAKER pro tempore. The Graves (GA) Palazzo Zeldin f question is on the resolution. NOES—173 The question was taken; and the LIEUTENANT COLONEL JAMES Adams Boyle, Brendan Cartwright ‘‘MAGGIE’’ MEGELLAS POST OF- Speaker pro tempore announced that Aguilar F. Castor (FL) the ayes appeared to have it. Ashford Brady (PA) Castro (TX) FICE Brown (FL) Chu, Judy RECORDED VOTE Bass The SPEAKER pro tempore. The un- Becerra Brownley (CA) Cicilline Mr. MCGOVERN. Mr. Speaker, I de- Bera Bustos Clark (MA) finished business is the vote on the mo- mand a recorded vote. Beyer Butterfield Clarke (NY) tion to suspend the rules and pass the A recorded vote was ordered. Bishop (GA) Capps Clay bill (S. 1826) to designate the facility of Capuano Cleaver Blumenauer The SPEAKER pro tempore. This is a Carney Clyburn the United States Postal Service lo- Bonamici 5-minute vote. Carson (IN) Cohen cated at 99 West 2nd Street in Fond du

VerDate Sep 11 2014 23:54 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MR7.002 H03MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 3, 2016 CONGRESSIONAL RECORD — HOUSE H1129 Lac, Wisconsin, as the Lieutenant Keating Mooney (WV) Scott (VA) The result of the vote was announced Kelly (IL) Moulton Scott, Austin Colonel James ‘‘Maggie’’ Megellas Post Kelly (MS) Mullin Scott, David as above recorded. Office, on which the yeas and nays Kelly (PA) Murphy (FL) Sensenbrenner A motion to reconsider was laid on were ordered. Kennedy Murphy (PA) Serrano the table. The Clerk read the title of the bill. Kildee Nadler Sessions Stated for: Kilmer Neal Sewell (AL) Mr. COLE. Mr. Speaker, I was unavoidably The SPEAKER pro tempore. The Kind Neugebauer Sherman question is on the motion offered by King (IA) Newhouse Shimkus detained and not present for rollcall vote No. the gentleman from Oklahoma (Mr. King (NY) Noem Shuster 108. Had I been present, I would have voted Kinzinger (IL) Nolan Simpson ‘‘yea’’ on final passage of S. 1826, to des- RUSSELL) that the House suspend the Kirkpatrick Norcross Sinema ignate the facility of the United States Postal rules and pass the bill. Kline Nugent Sires Service located at 99 West 2nd Street in Fond The question was taken; and the Knight Nunes Slaughter Kuster O’Rourke Smith (MO) du Lac, Wisconsin, as the Lieutenant Colonel Speaker pro tempore announced that Labrador Olson Smith (NE) James ‘‘Maggie’’ Megellas Post Office. the ayes appeared to have it. LaHood Palazzo Smith (NJ) The SPEAKER pro tempore. In the LaMalfa Pallone Smith (TX) f opinion of the Chair, two-thirds being Lamborn Palmer Speier BLOCKING REGULATORY INTER- Lance Paulsen Stefanik in the affirmative, the ayes have it. Langevin Payne Stewart FERENCE FROM CLOSING KILNS Mr. WOMACK. Mr. Speaker, on that I Larsen (WA) Pearce Stivers ACT OF 2016 demand the yeas and nays. Larson (CT) Pelosi Stutzman Latta Perlmutter Swalwell (CA) Mr. WHITFIELD. Mr. Speaker, pur- The yeas and nays were ordered. Lawrence Perry Takai suant to House Resolution 635, I call up The SPEAKER pro tempore. This is a Lee Peters Takano the bill (H.R. 4557) to allow for judicial 5-minute vote. Levin Peterson Thompson (CA) review of any final rule addressing na- Lewis Pingree Thompson (MS) The vote was taken by electronic de- Lieu, Ted Pittenger Thompson (PA) tional emission standards for haz- vice, and there were—yeas 406, nays 1, Lipinski Pocan Thornberry ardous air pollutants for brick and not voting 26, as follows: LoBiondo Poe (TX) Tiberi structural clay products or for clay ce- Loebsack Poliquin Tipton ramics manufacturing before requiring [Roll No. 108] Lofgren Polis Titus YEAS—406 Long Pompeo Tonko compliance with such rule, and ask for Loudermilk Posey Torres its immediate consideration in the Abraham Collins (GA) Fudge Love Price (NC) Trott Adams Collins (NY) Gabbard House. Lowenthal Price, Tom Tsongas The Clerk read the title of the bill. Aderholt Comstock Gallego Lowey Rangel Turner Aguilar Conaway Garamendi Lucas Ratcliffe Upton The SPEAKER pro tempore. Pursu- Allen Connolly Garrett Luetkemeyer Reed Valadao ant to House Resolution 635, the bill is Amash Conyers Gibbs Lujan Grisham Reichert Van Hollen considered read. Amodei Cook Gibson (NM) Renacci Vargas The text of the bill is as follows: Ashford Cooper Gohmert Luja´ n, Ben Ray Ribble Veasey Babin Costello (PA) Goodlatte (NM) Rice (NY) Vela H.R. 4557 Barletta Courtney Gosar Lummis Rice (SC) Vela´ zquez Be it enacted by the Senate and House of Rep- Barr Cramer Gowdy Lynch Richmond Visclosky resentatives of the United States of America in Barton Crawford Graham MacArthur Rigell Walberg Congress assembled, Bass Crenshaw Granger Maloney, Roby Walden SECTION 1. SHORT TITLE. Becerra Crowley Graves (GA) Carolyn Rogers (AL) Walker Benishek Cuellar Graves (LA) Maloney, Sean Rogers (KY) Walorski This Act may be cited as the ‘‘Blocking Bera Culberson Graves (MO) Marchant Rohrabacher Walters, Mimi Regulatory Interference from Closing Kilns Beyer Cummings Grayson Marino Rooney (FL) Walz Act of 2016’’. Bilirakis Curbelo (FL) Green, Al Massie Ros-Lehtinen Wasserman SEC. 2. EXTENDING COMPLIANCE DATES (PEND- Bishop (GA) Davis (CA) Griffith Matsui Roskam Schultz ING JUDICIAL REVIEW) OF RULES Bishop (MI) Davis, Danny Grijalva McCarthy Ross Waters, Maxine ADDRESSING NATIONAL EMISSION Bishop (UT) Davis, Rodney Grothman McClintock Rothfus Watson Coleman STANDARDS FOR HAZARDOUS AIR Black DeFazio Guinta McCollum Rouzer Weber (TX) POLLUTANTS FOR BRICK AND Blackburn DeGette Guthrie McGovern Royce Webster (FL) STRUCTURAL CLAY PRODUCTS MAN- ´ Blum Delaney Gutierrez McHenry Ruiz Wenstrup UFACTURING OR CLAY CERAMICS Bonamici DeLauro Hahn McKinley Ruppersberger Westerman MANUFACTURING. Bost DelBene Hanna McMorris Rush Whitfield (a) EXTENSION OF COMPLIANCE DATES.— Boustany Denham Hardy Rodgers Russell Williams Boyle, Brendan Dent Harper (1) EXTENSION.—Each compliance date of McNerney Ryan (OH) Wilson (FL) any final rule described in subsection (b) is F. DeSantis Harris McSally Salmon Wilson (SC) Brady (PA) DeSaulnier Hartzler Meadows Sa´ nchez, Linda Wittman deemed to be extended by the time period Brady (TX) DesJarlais Hastings Meehan T. Womack equal to the time period described in sub- Brat Deutch Heck (NV) Meeks Sanford Woodall section (c). Bridenstine Diaz-Balart Heck (WA) Meng Sarbanes Yarmuth (2) DEFINITION.—In this subsection, the Brooks (AL) Dingell Hensarling Messer Scalise Yoder term ‘‘compliance date’’ means, with respect Brooks (IN) Doggett Hice, Jody B. Mica Schakowsky Yoho Brown (FL) Dold Higgins to any requirement of a final rule described Miller (FL) Schiff Young (IA) in subsection (b), the date by which any Brownley (CA) Donovan Hill Miller (MI) Schrader Young (IN) Buchanan Doyle, Michael Himes Moolenaar Schweikert Zeldin State, local, or tribal government or other Buck F. Holding person is first required to comply. Bucshon Duckworth Honda NAYS—1 (b) FINAL RULES DESCRIBED.—A final rule Burgess Duffy Hoyer Young (AK) described in this subsection is any final rule Bustos Duncan (SC) Hudson to address national emission standards for Butterfield Duncan (TN) Huelskamp NOT VOTING—26 hazardous air pollutants (NESHAP) for brick Calvert Edwards Huffman Beatty McCaul Rokita Capps Ellison Huizenga (MI) and structural clay products manufacturing Blumenauer McDermott Capuano Ellmers (NC) Hultgren Roybal-Allard or clay ceramics manufacturing under sec- Byrne Moore Carney Emmer (MN) Hunter Sanchez, Loretta tion 112 of the Clean Air Act (42 U.S.C. 7412), Ca´ rdenas Mulvaney Carson (IN) Engel Hurd (TX) Smith (WA) including— Cole Napolitano Carter (GA) Eshoo Hurt (VA) Wagner Costa Pascrell (1) the final rule entitled ‘‘NESHAP for Carter (TX) Esty Israel Welch Green, Gene Pitts Brick and Structural Clay Products Manu- Cartwright Farenthold Issa Westmoreland Herrera Beutler Quigley facturing; and NESHAP for Clay Ceramics Castor (FL) Farr Jackson Lee Zinke Hinojosa Roe (TN) Castro (TX) Fattah Jeffries Manufacturing’’ published at 80 Fed. Reg. 65469 (October 26, 2015); Chabot Fincher Jenkins (KS) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Chaffetz Fitzpatrick Jenkins (WV) (2) the final rule entitled ‘‘NESHAP for Chu, Judy Fleischmann Johnson (GA) The SPEAKER pro tempore (during Brick and Structural Clay Products Manu- Cicilline Fleming Johnson (OH) the vote). There are 2 minutes remain- facturing; and NESHAP for Clay Ceramics Clark (MA) Flores Johnson, E. B. ing. Manufacturing: Correction’’ published at 80 Clarke (NY) Forbes Johnson, Sam Fed. Reg. 75817 (December 4, 2015); and Clawson (FL) Fortenberry Jolly Clay Foster Jones b 1039 (3) any final rule that succeeds or amends the rule described in paragraph (1) or (2). Cleaver Foxx Jordan So (two-thirds being in the affirma- Clyburn Frankel (FL) Joyce (c) PERIOD DESCRIBED.—The time period de- Coffman Franks (AZ) Kaptur tive) the rules were suspended and the scribed in this subsection is the period of Cohen Frelinghuysen Katko bill was passed. days that—

VerDate Sep 11 2014 02:11 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.019 H03MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1130 CONGRESSIONAL RECORD — HOUSE March 3, 2016 (1) begins on the date that is 60 days after small businesses in their districts can no need for H.R. 4557, as there are the day on which notice of promulgation of attest, $1.5 million is a very substan- ample remedies available under the a final rule described in subsection (b) ap- tial sum that can cut heavily into a Clean Air Act to address concerns pears in the Federal Register; and bottom line. This rule impacts more about this rule. Additionally, Mr. (2) ends on the date on which judgment be- comes final, and no longer subject to further than just Cherokee Brick & Tile in my Speaker, H.R. 4557 does not actually appeal or review, in all actions (including ac- State, but also General Shale and Pine address the merits or the faults with tions that are filed pursuant to section 307 of Hall Brick, among others. the Brick and Clay MACT rules. the Clean Air Act (42 U.S.C. 7607))— A basic material for home building Instead, what this bill does is takes (A) that are filed during the 60 days de- and construction, bricks are more than these rules and this rulemaking out- scribed in paragraph (1); and just a figurative cornerstone in the side of the process in the Clean Air Act (B) that seek review of any aspect of such United States construction industry. that allows the EPA to issue final rules rule. Passing this legislation would guar- with deadlines for their implementa- The SPEAKER pro tempore. The bill antee the EPA would wait until its 2015 tion, without waiting for the conclu- shall be debatable for 1 hour equally di- emission standards are reviewed by the sion of all the appeals and all the re- vided and controlled by the chair and courts before implementing the rule views. ranking minority member of the Com- and before manufacturers across the Mr. Speaker, this bill would also mittee on Energy and Commerce. country are needlessly required to delay any subsequent rule issued that The gentleman from Kentucky (Mr. spend millions of dollars. is similar in scope and similar in objec- WHITFIELD) and the gentleman from Il- Mr. Speaker, I ask my colleagues to tive until any legal challenges to it linois (Mr. RUSH) each will control 20 support H.R. 4557, the BRICK Act. were completed as well. In other words, minutes. Mr. RUSH. Mr. Speaker, I yield my- Mr. Speaker, this bill allows an oppor- The Chair recognizes the gentleman self such time as I may consume. tunity for endless lawsuits on this very from Kentucky. Mr. Speaker, H.R. 4557 is an unneces- issue. GENERAL LEAVE sary bill that would set a terrible I fear, Mr. Speaker, that if H.R. 4557 Mr. WHITFIELD. Mr. Speaker, I ask precedent. were to become law, we would end up unanimous consent that all Members As the Statement of Administration in a situation where we would never, may have 5 legislative days to revise Policy, which outlines the justification ever control air polluting emissions and extend their remarks and to in- for President Obama’s veto threat, from these facilities, no matter how clude extraneous materials on H.R. states: cost-effective or how necessary that 4557. ‘‘H.R. 4557 would undermine the pub- rule might be. Mr. Speaker, this is a The SPEAKER pro tempore. Is there lic health protections of the Clean Air policy that we must reject. objection to the request of the gen- Act by allowing further emissions of As the Statement of Administration tleman from Kentucky? approximately 30 tons per month of Policy also noted, if rules cannot go There was no objection. toxic air pollution from brick and clay forward until all legal actions are com- Mr. WHITFIELD. Mr. Speaker, I products production facilities. These plete, there is a strong incentive to use yield myself such time as I may con- toxic emissions include mercury, gases, frivolous legal challenges to prevent sume. and other hazardous metals which are any rules from being implemented. Today, we have the important oppor- associated with a variety of acute and Under that scenario, we never would tunity to protect the American brick chronic health effects, including can- have achieved the improvements in air manufacturing industry and the ce- cers.’’ quality and in public health that have ramic kiln industry and its 7,000 em- Mr. Speaker, the statement from been accomplished under the Clean Air ployees from a costly regulation that President Obama goes on to say: Act. We know, Mr. Speaker, that the has yet to survive a judicial scrutiny. ‘‘Because H.R. 4557 threatens the At this time, I yield 3 minutes to the Clean Air Act has delivered many cost- health of Americans by allowing more effective health benefits to the Amer- gentleman from Georgia (Mr. BISHOP), toxic air pollution, if the President one of the original sponsors of this bill. ican people over the years. Mr. BISHOP of Georgia. Mr. Speaker, were presented with H.R. 4557, his sen- It has been demonstrated many times I thank the gentleman for yielding, and ior advisers would recommend that he that we do not have to make a choice I certainly appreciate the opportunity veto the bill.’’ between healthy air and jobs in this Mr. Speaker, H.R. 4557 is the wrong to speak on this bill. Nation. We can have both. I rise today in support of H.R. 4557, remedy at the wrong time. Mr. Speak- We cannot agree, Mr. Speaker, to set- the Blocking Regulatory Interference er, this bill is premature. ting this precedent and establishing a from Closing Kilns Act, or the BRICK While I understand that the industry process that will delay important pub- Act. This legislation is important to feels that it has been penalized for lic health protections and encourage, preserving the viability of brick manu- complying with the 2003 rule, that is at the same time, frivolous legal chal- facturing facilities all across the coun- not sufficient reason in itself to set up lenges to our clean air rules. try. a unique process that incentivizes all The brick, clay, and tile industries Simply put, the BRICK Act pauses parties that object to this rule to file would be better served by pursuing the the EPA’s 2015 National Emission endless challenges to the rulemaking. options available to them right now Standards for Hazardous Air Pollut- The Brick and Clay Maximum under the Clean Air Act. ants until court challenges of the rule Achievable Control Technology, or For all of these reasons, Mr. Speaker, are resolved. I am very concerned that MACT, regulations that are the subject I must urge all of my colleagues to op- brick manufacturers in my district, as of this legislation are the subject of on- pose this bill. well as those in the districts of my col- going legal actions by industry and by I reserve the balance of my time. leagues, may be required to spend hun- public health communities across this Mr. WHITFIELD. Mr. Speaker, I dreds of thousands, if not millions, of Nation. thank the gentleman from Ohio (Mr. dollars to satisfy an EPA requirement The courts already have the ability JOHNSON) for introducing this impor- similar to the EPA’s 2003 rule, a rule, it to grant a stay on this rule, yet for tant bill. This is an industry that has should be noted, that was vacated by some reason the industry has not yet been hard hit by the recession. It has the Federal courts. made that request to the court. But lost 45 percent of its jobs. There are 70 there are a number of pending cases of these plants around the country, and b 1045 filed by the industry on this very rule. they employ 7,000 people. For example, Cherokee Brick & Tile This week, Mr. Speaker, it was re- I yield 3 minutes to the gentleman from Macon, Georgia, spent over $1.5 ported that the industry petitioned the from Ohio (Mr. JOHNSON), the sponsor million to install controls in order to court to put four suits on hold until of the legislation. comply with the EPA’s invalidated 2003 the EPA decides whether to grant their Mr. JOHNSON of Ohio. Mr. Speaker, rule. requests to reconsider the regulations. the BRICK Act would simply allow for Cherokee is a small, family-owned The pending decision by the court the consideration and completion of business, and as my colleagues with and by the EPA indicate that there is any judicial review regarding the

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EPA’s 2015 National Emission Stand- Mr. Speaker, the brick industry is tleman from Illinois has 211⁄2 minutes ards for Hazardous Air Pollutants for part of our American culture. It has remaining. The gentleman from Ken- the brick, clay, and tile industries be- helped build some of the most iconic tucky has 221⁄2 minutes remaining. fore requiring compliance. buildings, cities, and towns in exist- Mr. RUSH. Mr. Speaker, I yield 4 So why is this important? Because ence in our country today. We must minutes to the gentleman from New this rule needlessly jeopardizes good- make certain our regulations and laws Jersey (Mr. PALLONE), the ranking paying jobs all across America, as the preserve this industry, not destroy it. member of the Energy and Commerce chart right here next to me clearly The BRICK Act will do that. Committee. demonstrates. I urge my colleagues to support this Mr. PALLONE. Mr. Speaker, I rise in And for what reason? Why are they important legislation. opposition to the BRICK Act. jeopardizing these jobs? The EPA itself Mr. RUSH. Mr. Speaker, I have no I agree with my colleagues that the concedes in the rule: ‘‘We do not expect additional speakers right now. brick, clay, and tile industries are in a that the combined emissions . . . would I reserve the balance of my time. tough position. The Bush administra- result in substantial cumulative health Mr. WHITFIELD. Mr. Speaker, I tion issued final brick and clay emis- and environmental impacts.’’ yield 2 minutes to the distinguished sion standards—or Brick and Clay Instead, the real health impacts due gentleman from Ohio (Mr. CHABOT). MACT standards—in 2003, 3 years after to this rule will be felt by the workers Mr. CHABOT. Mr. Speaker, I thank they were supposed to be completed. who lose their jobs, their health bene- the gentleman for yielding. Unfortunately, the rule was flawed fits, and even the education and train- I rise in favor of this very important, and, when challenged, the court va- ing opportunities offered by their em- I think, legislation sponsored by my cated those standards as unlawful. As a ployers. colleague from Ohio (Mr. JOHNSON). I result, the EPA Administrator was The brick industry primarily consists want to thank him for his leadership able to redo the brick and clay rule. of small, family-owned businesses. on this bill because it is a very pro- I am sympathetic to the fact that the They are often located in small com- growth jobs bill. I think it is very im- brick, clay, and tile industries have munities that depend on the plant for portant that we pass this. been facing some real challenges since good-paying jobs. I happen to be the chairman of the 2007, when the housing market began To comply with the EPA’s require- House Committee on Small Business, to decline, but some proponents of this ment, these small businesses will be and our Nation’s brick industry is pri- bill will have you believe that all of forced to borrow millions of dollars to marily made up of small, family-owned the challenges are a result of the im- pay for the required control tech- businesses that employ thousands of provements the industry must make to nology. Many brick companies are al- workers. In Ohio alone, brick compa- meet the 2015 Brick and Clay MACT ready struggling to find the capital for nies directly employ more than 700 rule. What they refuse to acknowledge plant modernization. I can’t imagine workers and ensure the livelihoods of are the real health benefits that will how difficult it will be for these compa- thousands of other workers. come with the reduction of several nies to secure the needed investments b 1100 major air pollutants. to pay for new control equipment, Brick is used to construct, as we all I understand the industry stake- equipment that provides zero return on know, residential homes and has been holders’ reluctance to make further in- investment. used to build some of our country’s vestments in pollution control tech- And let’s not forget that the brick in- most iconic landmarks, such as Inde- nology to comply with this rule, given dustry has already been through this pendence Hall, the birthplace of this their previous experience with the 2003 before. The EPA finalized a similar great Nation. rule, but the Clean Air Act provides a rule in 2003 that required brick compa- With the severe downturn in con- number of remedies that are available nies to spend millions of dollars on struction during the Great Recession, to them. control equipment. A few years later, a the brick industry suffered signifi- The courts are the proper venue for Federal court vacated that rule. cantly and still has not fully recovered. resolving issues with the Brick and Unfortunately, the brick industry The industry is operating at about 50 Clay MACT. To date, industry groups couldn’t roll back the clock and re- percent of its capacity and suffered a 45 have filed lawsuits on the merits of the cover the investments they had made. percent job loss from 2005 to 2012. rule, but none of the interested parties Worse yet, the EPA’s new emission Now, small brick manufacturers are have actually asked the court to stay rules use the reductions achieved by facing a costly new EPA regulation the rule’s compliance dates. the vacated rule as the baseline for fur- that may make it impossible for them The industry can also ask EPA to re- ther reduction requirements, so the in- to keep their doors open. That means consider the rule, which I understand dustry essentially got no credit for the those jobs would go away. has already happened. In fact, earlier hard work that they had already done. Compliance will require many com- this week industry groups asked the This history further underscores why panies to remove and replace costly air D.C. Circuit Court to postpone consid- this legislation is so important. It also pollution control equipment with new eration of their pending lawsuits until baffles me when I hear some of my col- devices that may not be able to meet EPA makes a decision on whether to leagues say the BRICK Act is not need- the new, stringent emissions standards. reconsider the rule. Neither of those ed because parties can already seek a It is estimated to cost $4.4 million to remedies require action by Congress, judicial stay. retrofit two kilns—the average number but a legislative quick fix is the only However, the EPA has effectively in- of kilns in a facility—with the new pol- remedy the proponents of this bill ap- dicated, in a statement for the RECORD lution control equipment. While the pear to care about. submitted to the Committee on Energy regulation is being challenged in Fed- H.R. 4557 does not resolve the ongo- and Commerce, that they would oppose eral court, it just makes common sense ing issues with this rule. In fact, it is any requests to stay the rule. to delay the compliance deadlines until far more likely to create a drawn-out Further, while the EPA’s Clean that matter is resolved. rulemaking process fueled by an end- Power Plan was recently stayed, the As chairman of the Small Business less stream of court challenges. That parties were only able to obtain relief Committee, I urge my colleagues to wouldn’t resolve any of the industry’s by going to the U.S. Supreme Court. stand up for small brick manufacturers problems with the Brick and Clay Here, the EPA’s rule threatens the and support this bill. This is a jobs bill. MACT rule. very existence of small brick and tile Again, I want to thank the gen- The bill also sets, in my opinion, a companies. These companies do not tleman from Ohio (Mr. JOHNSON) for his terrible precedent by delaying all of have unlimited resources to litigate leadership in moving this bill forward. the rule’s compliance requirements against the Federal Government, and Mr. RUSH. Mr. Speaker, may I in- until all legal actions are complete. their jobs should not be put at risk due quire how much time I have remain- If this remedy sounds familiar, that to a rule which has been vacated once ing? is because it is. The majority included already and has yet to be reviewed by The SPEAKER pro tempore (Mr. a similar provision in a bill we consid- the courts. RODNEY DAVIS of Illinois). The gen- ered earlier in this Congress: H.R. 2042,

VerDate Sep 11 2014 00:40 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.023 H03MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1132 CONGRESSIONAL RECORD — HOUSE March 3, 2016 the Ratepayer Protection Act. I op- The SPEAKER pro tempore. The and significantly downsize or go out of posed that bill, and I oppose this one time of the gentlewoman has expired. business and tell 85 dedicated employ- for the same reasons. Mr. WHITFIELD. I yield the gentle- ees to find a new job. What is even If we had included a litigation delay woman an additional 1 minute. more disappointing is that Columbus policy in the Clean Air Act, we would Ms. SEWELL of Alabama. That is Brick has been forced to navigate this never have achieved the improvements why I support this legislation to delay decision before. in air quality and public health that we the enforcement of the new EPA rule The EPA promulgated Brick MACT now enjoy. until all of the legal challenges have standards in 2003, and then the rule was The Clean Air Act provides ample op- been concluded. vacated by a Federal court in 2007, but portunities for industry and the public This is a necessary and commonsense not until a significant monetary in- to influence the development and im- bill. I ask my colleagues to vote ‘‘yes’’ vestment had been made by Columbus plementation of regulations. These on final passage. Brick in an attempt to be in compli- tools should be used in this case. I want to thank Representative ance. That is why it is imperative that Finally, I do not support legislation JOHNSON of Ohio and all of those that we pass the BRICK Act today. to resolve the issues being raised by are working hard to make sure that Companies like Columbus Brick the bill’s supporters. These issues can small brick companies, like Henry aren’t asking for zero regulation, but and should be resolved by the courts. Brick Company of Selma, Alabama, do they are asking to be regulated fairly, So I urge my colleagues to reject this not have to close its doors. to have a seat at the table in deter- attempt to get around the courts. I ask Mr. WHITFIELD. Mr. Speaker, I mining new rules, and some certainty that they vote ‘‘no’’ on H.R. 4557. yield 2 minutes to the distinguished Mr. WHITFIELD. Mr. Speaker, I when it comes to making future busi- gentleman from Georgia (Mr. CARTER). yield 2 minutes to the distinguished ness decisions. Mr. CARTER of Georgia. I thank the The American people deserve better. gentlewoman from Alabama (Ms. SE- gentleman for yielding. They deserve a government that can WELL), one of the original cosponsors of Mr. Speaker, I rise today in support this legislation. ensure citizens have clean air to of H.R. 4557, the BRICK Act. Ms. SEWELL of Alabama. Mr. Speak- breathe without eliminating essential Once again American businesses find er, today I rise to voice my support for industries. themselves facing millions of dollars in H.R. 4557, the BRICK Act. That is why I urge you to support the I want to tell a story about a small compliance costs due to burdensome BRICK Act. Let’s wait until judicial re- company in my hometown of Selma, EPA regulations. view is complete so our businesses Alabama. Henry Brick Company has It is estimated that the EPA’s Brick aren’t forced to make unnecessary, been a family-owned business since MACT rule may cost the brick and ce- costly decisions with minimal or un- 1945, providing jobs and economic sup- ramics industry up to $100 million per known environmental benefits. port to the Black Belt of Alabama. year, with the cost of compliance for Mr. RUSH. Mr. Speaker, I yield my- In 2003, the EPA passed a rule requir- the average facility at approximately self such time as I may consume. ing Henry Brick Company, along with $4.4 million. Mr. Speaker, I don’t know why we all other brick and structural clay In addition, the industry will not be are even here debating this issue, manufacturers, to reduce their air pol- able to meet the requirement deadlines which is an important issue, but not a lutant emissions. imposed by the rule, which is currently prevailing issue. This is an issue that In order to meet these new regula- being challenged in Federal court. concerns one industry. tions by 2006, Henry Brick Company of The EPA’s first attempt at a Brick It is a concern that is already under Selma, Alabama, spent $1.5 million to MACT rule was judicially vacated, but consideration by the courts and by the come into compliance with the rule. not before the industry spent millions administration. In fact, Mr. Speaker, it This was a major financial burden for in compliance measures ultimately is a problem that is more appropriately this small company, but Henry Brick found to be invalid. addressed by those branches of govern- Company is a good corporate citizen Small brick and ceramics businesses ment than by this Congress. and understands the importance of pro- have been the hardest hit by the first There are many other issues that this tecting our environment. rule, and if this situation repeats itself, Congress has before it that it is our job However, 1 year after they spent $1.5 many of these businesses will be forced to address. Yet, Mr. Speaker, we are million, the courts vacated the EPA’s to close their doors for good. not spending ample time on those 2003 regulation. So the EPA went back H.R. 4557 would provide much-needed things that are closely tied to the eco- to the drawing board to create a new regulatory relief to brick and ceramic nomic benefits and jobs for all Ameri- rule, but they did not give these brick businesses by stating that no addi- cans. companies credit for emission reduc- tional compliance measures shall be Our water infrastructure, Mr. Speak- tions achieved under the previous rule. mandated by the EPA until judicial re- er, is in dire need of repair and mainte- On the contrary, in their new rule, view of the rule is completed. nance. We spend little to no time on the EPA actually used the emission re- I encourage my colleagues to support our water infrastructure and the prob- ductions achieved under the vacated this bill, which will protect a vital in- lems associated with it. rule as a baseline for further reduction dustry and its thousands of jobs from We have Superfund sites and requirements. potentially devastating regulatory un- brownfield sites that need to be cleaned Now, Henry Brick Company faces a certainty. up and put to productive use. No time, new brick and clay manufacturing rule Mr. WHITFIELD. Mr. Speaker, I no energy, no congressional resources with even stricter emissions require- yield 2 minutes to the gentleman from are used to address these vital issues. ments and must come into compliance Mississippi (Mr. KELLY). Our States need support for modern- by December 2018. Mr. KELLY of Mississippi. Mr. izing and hardening the electricity This time the small company may Speaker, today I rise in support of the grid. We are AWOL on these issues. have to spend up to $8 million to com- Blocking Regulatory Interference from And still, Mr. Speaker, many Ameri- ply with the new emissions standards, Closing Kilns Act, or the BRICK Act. cans are underemployed, unemployed, leaving Henry Brick Company one step Rules handed down by the EPA have and underpaid for the work that they closer to being forced to close their real-world consequences on businesses are doing. doors. and our economy. You have heard the I am supportive, Mr. Speaker, of re- backstory today regarding the 2015 b 1115 ducing emissions, and I am also in Brick MACT standards and the impact Where is the time allocation, the re- favor of protecting our environment. it will have on the brick manufac- source allocation? Where are our ef- But this must be done in an economi- turing industry. forts on behalf of these people? cally viable way. It is simply unfair for In my district, Columbus Brick Com- All of these things, Mr. Speaker, par- regulators to continue to move the pany, a fifth-generation, family-owned ticularly and especially the infrastruc- goalposts on small brick manufactur- small business, will be forced to spend ture issue, must be addressed by the ers like Henry Brick Company. millions of dollars in compliance costs Congress. There is no other place that

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This commonsense step body’s time and efforts on the critical also went to the Supreme Court, and would prevent brick makers from having to ini- issues that are of great importance to the Court said, well, you didn’t con- tiate costly and potentially irreversible compli- the American people. Mr. Speaker, our sider certain costs; we are remanding ance steps—and in some cases shut their time could be better served if we would this. But most of the industries have doors entirely and lay off workers—over a rule just address some of these prevailing already spent the money, met the re- whose legality is still in question. issues of the day. quirements, and some of them have This is far from a hypothetical concern. Mr. Speaker, I yield back the balance closed as well. EPA’s last set of Brick standards in 2003 were of my time. So the question becomes, are we vacated by a federal court in 2007, but by that Mr. WHITFIELD. Mr. Speaker, I going to let an EPA adopting extreme time the industry had already been forced to yield myself such time as I may con- rules under this administration make spend millions on compliance. None of us sume. all the decisions? want to see that happen again. It’s a matter of I will conclude my remarks over on Or will the Congress of the United fairness. It’s a matter of commonsense. this side. I was listening to the debate States try to stand up and pass some For the sake of brick makers and their thou- on the rule about this bill, and some legislation, not reversing, not chang- sands of employees across the country, in- people did make the comment that this ing, but simply saying, since lawsuits cluding nearly 2,000 in Michigan I urge my was not a particularly important issue. have been filed, let’s give the Court the colleagues to vote yes on the BRICK Act. I might say to the 7,000 people em- opportunity to determine if the regula- The SPEAKER pro tempore. All time ployed in this industry, to the owners tion is legal or not legal? for debate has expired. of the companies, this is very impor- So that is all we are doing here. Pursuant to House Resolution 635, tant because some of them may very I want to thank those who introduced the previous question is ordered on the well lose their business, may very well this legislation, both the Democrats bill. lose their jobs. and Republicans. And I would urge our The question is on the engrossment So we have two goals with this legis- colleagues to pass this legislation, to and third reading of the bill. lation. One is simply to say this regu- simply provide some commonsense bal- The bill was ordered to be engrossed lation coming out of EPA needs to be ance, and let the courts make a deci- and read a third time, and was read the considered by the courts before these sion before we require the companies to third time. companies are required to invest sig- spend all this money and, in many The SPEAKER pro tempore. The nificant sums of money. cases, lay off employees and, in some question is on the passage of the bill. In fact, the industry itself has said cases, even close the business. The question was taken; and the that the average plant has two kilns, So I would urge the passage of H.R. Speaker pro tempore announced that and a plant with two kilns would have 4557. the ayes appeared to have it. to spend roughly $4 million to meet the I yield back the balance of my time. Mr. WHITFIELD. Mr. Speaker, on requirements of this regulation. Mr. BLUMENAUER. Mr. Speaker, I voted that, I demand the yeas and nays. Now, remember, in 2003, EPA came against H.R. 4557, the Blocking Regulatory In- The yeas and nays were ordered. out with a regulation for this industry terference from Closing Kilns Act of 2016, yet The SPEAKER pro tempore. Pursu- and, by 2006, the industry had to com- another bill in a series of Republican attempts ant to clause 8 of rule XX, this 15- ply. They did comply and they reduced to block EPA’s ability to effectively regulate minute vote on passage of the bill will emissions of the regulated substance pollution in a way that protects our health and be followed by a 5-minute vote on by 96 percent. the environment. agreeing to the Speaker’s approval of We see a pattern developing at EPA. H.R. 4557 would delay the enactment of an the Journal, if ordered. They know full well that this President important rule limiting mercury and other haz- The vote was taken by electronic de- would veto any legislation that ardous pollution from clay and brick products vice, and there were—yeas 238, nays changes in any way anything coming production facilities. I was disappointed to see 163, not voting 32, as follows: out of EPA, so the only avenue left to it pass the House, but I know that President [Roll No. 109] the regulated parties is to file a law- Obama and Democrats in the Senate will en- suit. sure that this misguided bill does not become YEAS—238 So just as the brick industry filed a law this year. Abraham Cole Flores Aderholt Collins (GA) Forbes lawsuit in 2003 on that extreme regula- The Clean Air Act requires the EPA to es- Allen Collins (NY) Fortenberry tion, they had to comply by 2006; and tablish standards for pollution from all indus- Amash Comstock Foxx then the Court, in 2007, after they had trial sectors, and many other sectors are al- Amodei Conaway Franks (AZ) already complied, ruled that the regu- ready complying to improve air quality. There Ashford Cook Frelinghuysen Babin Cooper Gibbs lation was illegal, but the money had is no reason to further delay this rule, and no Barletta Costello (PA) Gibson already been spent. reason for this legislation. Bilirakis Cramer Gohmert Now, the money has already been I am hopeful that House Republicans will Bishop (GA) Crawford Goodlatte Bishop (MI) Crenshaw Gosar spent, 96 percent reduction has oc- drop its obsession with pro-pollution bills and Bishop (UT) Cuellar Gowdy curred, and now the EPA is coming allow us to get to work on a budget and bills Black Culberson Granger back with a new regulation. that will improve the lives of Oregonians. Blackburn Curbelo (FL) Graves (LA) So these people involved, they have Mr. UPTON. Mr. Speaker, we have the op- Blum Davis, Rodney Graves (MO) Bost Denham Griffith no avenue. I mean, they are talking to portunity today to help many struggling small Boustany Dent Grothman EPA, pleading with EPA, and EPA, as businesses and the jobs they support by vot- Brady (TX) DeSantis Guinta usual, is not responsive. ing yes on H.R. 4557, the BRICK Act. Brat DesJarlais Guthrie So all this legislation does is say, we How did we get here? Last October, the Bridenstine Diaz-Balart Hanna Brooks (AL) Dold Hardy are not trying to reverse the regula- EPA finalized an extremely stringent new rule Brooks (IN) Donovan Harper tion, change the regulation. We are for the brick making industry. Most of the com- Buchanan Duffy Harris simply saying, let the Court decide. panies that find themselves threatened by this Buck Duncan (SC) Hartzler Bucshon Duncan (TN) Heck (NV) And guess what? rule are small businesses—many are family- Byrne Ellmers (NC) Hice, Jody B. A pattern is also developing over at owned—and the industry is still dealing with Calvert Emmer (MN) Hill EPA because they are losing these the effects of the recession and the weak re- Carter (GA) Farenthold Holding court cases. covery that continues to suppress demand for Carter (TX) Fincher Hudson Chaffetz Fitzpatrick Huelskamp Now, on the Clean Energy Plan, bricks and other building materials. Few, if Clawson (FL) Fleischmann Huizenga (MI) which was one of the most extreme reg- any, brick makers can easily afford the esti- Coffman Fleming Hultgren

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Mr. Speaker, I de- Jordan Nunes Smith (NE) Barr Graves (GA) Pascrell Joyce Olson Smith (NJ) Barton Green, Gene Price, Tom mand a recorded vote. Katko Palazzo Smith (TX) Beatty Hensarling Richmond A recorded vote was ordered. Kelly (MS) Palmer Stefanik Benishek Herrera Beutler Roybal-Allard The SPEAKER pro tempore. This is a Kelly (PA) Paulsen Stewart Burgess Hinojosa Sanchez, Loretta King (IA) Pearce Stivers Ca´ rdenas Hoyer Scott, David 5-minute vote. King (NY) Perry Stutzman Chabot Kirkpatrick Smith (WA) The vote was taken by electronic de- Kinzinger (IL) Peterson Thornberry Cleaver McCaul Speier Kline Pittenger Costa Moore vice, and there were—ayes 217, noes 154, Tiberi Thompson (PA) Knight Pitts Edwards Mulvaney answered ‘‘present’’ 1, not voting 61, as Tipton Westmoreland Labrador Poe (TX) Garrett Napolitano Trott follows: LaHood Poliquin Turner LaMalfa Pompeo b 1140 [Roll No. 110] Upton Lamborn Posey AYES—217 Lance Ratcliffe Valadao Ms. ROS-LEHTINEN, Messrs. Latta Reed Wagner MARCHANT and ZELDIN changed Abraham Garrett Palmer LoBiondo Reichert Walberg their vote from ‘‘nay’’ to ‘‘yea.’’ Adams Goodlatte Pelosi Walden Allen Gowdy Perlmutter Long Renacci So the bill was passed. Loudermilk Ribble Walker Ashford Graham Pingree Love Rice (SC) Walorski The result of the vote was announced Barletta Griffith Pocan Lucas Rigell Walters, Mimi as above recorded. Barr Guthrie Polis Luetkemeyer Roby Weber (TX) A motion to reconsider was laid on Becerra Hahn Posey Lummis Roe (TN) Webster (FL) Beyer Hardy Price (NC) MacArthur Rogers (AL) Wenstrup the table. Bilirakis Harper Ratcliffe Marchant Rogers (KY) Westerman Stated for: Bishop (GA) Harris Ribble Marino Rohrabacher Whitfield Mr. BARR. Mr. Speaker, on rollcall No. 109, Bishop (MI) Hartzler Roby Williams Bishop (UT) Hastings Massie Rokita I was unavoidably detained. Had I been Rogers (KY) McCarthy Rooney (FL) Wilson (SC) Black Heck (WA) Rohrabacher McClintock Ros-Lehtinen Wittman present, I would have voted ‘‘yes.’’ Blackburn Himes Rooney (FL) McHenry Roskam Womack Mr. TOM PRICE of Georgia. Mr. Speaker, Bonamici Huffman Ross Boustany Hultgren McKinley Ross Woodall Rothfus on rollcall No. 109, I was unavoidably de- Brady (TX) Issa McMorris Rothfus Yoder Royce tained. Had I been present, I would have Brat Jeffries Rodgers Rouzer Yoho Ruiz Bridenstine Johnson (GA) McSally Royce Young (AK) voted ‘‘yes.’’ Ruppersberger Brooks (AL) Johnson, E. B. Meadows Russell Young (IA) PERSONAL EXPLANATION Russell Meehan Salmon Young (IN) Brooks (IN) Johnson, Sam Brown (FL) Jolly Salmon Messer Sanford Zeldin Mrs. NAPOLITANO. Mr. Speaker, I was ab- Sanford Mica Scalise Zinke sent on Thursday, March 3, 2016. Had I been Buchanan Kaptur Bustos Katko Scalise present, I would have voted in the following Schiff NAYS—163 Butterfield Kelly (IL) ways: Calvert Kelly (MS) Schrader Adams Engel Lujan Grisham Vote ‘‘no’’ on rollcall No. 106—Motion on Capps Kelly (PA) Schweikert Aguilar Eshoo (NM) Carson (IN) Kennedy Scott (VA) Bass Esty Luja´ n, Ben Ray Ordering the Previous Question on the Rule Carter (TX) Kildee Scott, Austin Becerra Farr (NM) providing for consideration of H.R. 4557. Castro (TX) King (NY) Scott, David Bera Fattah Lynch Vote ‘‘no’’ on rollcall No. 107—H. Res. Chabot Kline Sensenbrenner Beyer Foster Maloney, 635—Rule providing for consideration of H.R. Chu, Judy Kuster Serrano Blumenauer Frankel (FL) Carolyn Cicilline Labrador Sessions Bonamici Fudge Maloney, Sean 4557—Blocking Regulatory Interference from Clark (MA) LaHood Sewell (AL) Boyle, Brendan Gabbard Matsui Closing Kilns (BRICK) Act of 2016. Clay LaMalfa Sherman F. Gallego McCollum Vote ‘‘yes’’ on rollcall No. 108—S. 1826—To Cleaver Lamborn Shimkus Brady (PA) Garamendi McDermott Cole Latta Shuster Brown (FL) Graham McGovern designate the facility of the United States Collins (NY) Lipinski Sinema Brownley (CA) Grayson McNerney Postal Service located at 99 West 2nd Street Comstock Lofgren Slaughter Bustos Green, Al Meeks in Fond du Lac, Wisconsin, as the Lieutenant Cooper Long Smith (NE) Butterfield Grijalva Meng Colonel James ‘‘Maggie’’ Megellas Post Of- Cramer Loudermilk Smith (NJ) Capps Gutie´rrez Moulton Crenshaw Lowenthal Smith (TX) Capuano Hahn Murphy (FL) fice. Cuellar Lucas Stefanik Carney Hastings Nadler Vote ‘‘no’’ on rollcall No. 109—Passage of Culberson Luetkemeyer Stewart Carson (IN) Heck (WA) Neal H.R. 4557—Blocking Regulatory Interference Davis (CA) Lujan Grisham Stutzman Cartwright Higgins Nolan from Closing Kilns (BRICK) Act of 2016. Davis, Danny (NM) Takai Castor (FL) Himes Norcross DeGette Luja´ n, Ben Ray Takano Castro (TX) Honda O’Rourke PERSONAL EXPLANATION DeLauro (NM) Thornberry Chu, Judy Huffman Pallone Mr. MCCAUL. Mr. Speaker, I was absent for DelBene Lummis Titus Cicilline Israel Payne Dent Maloney, votes due to official business outside of Wash- Torres Clark (MA) Jackson Lee Pelosi DeSaulnier Carolyn Tsongas Clarke (NY) Jeffries Perlmutter DesJarlais Marino ington, D.C. Upton Clay Johnson (GA) Peters Deutch Massie If I were present, I would vote in the fol- Van Hollen Clyburn Johnson, E. B. Pingree Diaz-Balart McCarthy Wagner Cohen Kaptur Pocan lowing manner on the following votes: Dingell McClintock Walden Connolly Keating Polis (1) Previous Question—‘‘yes.’’ Doggett McCollum Walorski Conyers Kelly (IL) Price (NC) Donovan McHenry (2) Adoption of the Rule—‘‘yes.’’ Walters, Mimi Courtney Kennedy Quigley (3) S. 1826—To designate the facility of the Doyle, Michael McMorris Crowley Kildee Rangel F. Rodgers Walz Cummings Kilmer Rice (NY) United States Postal Service located at 99 Duckworth McNerney Wasserman Davis (CA) Kind Ruiz West 2nd Street in Fond du Lac, Wisconsin, Duncan (SC) Meadows Schultz Davis, Danny Kuster Ruppersberger as the Lieutenant Colonel James ‘‘Maggie’’ Emmer (MN) Meeks Webster (FL) DeFazio Langevin Rush Engel Meng Welch DeGette Larsen (WA) Ryan (OH) Megellas Post Office—‘‘yes.’’ Eshoo Moolenaar Wenstrup Delaney Larson (CT) Sa´ nchez, Linda (4) H.R. 4557, Blocking Regulatory Inter- Esty Mooney (WV) Whitfield DeLauro Lawrence T. ference from Closing Kilns Act—‘‘yes.’’ Fitzpatrick Moulton Williams DelBene Lee Sarbanes Fleischmann Mullin Wilson (FL) DeSaulnier Levin Schakowsky f Fortenberry Murphy (FL) Wilson (SC) Deutch Lewis Schiff THE JOURNAL Foster Nadler Wittman Dingell Lieu, Ted Schrader Frankel (FL) Neugebauer Womack Doggett Lipinski Scott (VA) The unfinished business is the ques- Franks (AZ) Newhouse Yarmuth Doyle, Michael Loebsack Serrano tion on agreeing to the Speaker’s ap- Frelinghuysen Noem Young (IA) F. Lofgren Sherman Gabbard Nunes Young (IN) Duckworth Lowenthal Sires proval of the Journal, which the Chair Gallego O’Rourke Zeldin Ellison Lowey Slaughter will put de novo. Garamendi Olson Zinke

VerDate Sep 11 2014 00:40 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MR7.003 H03MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 3, 2016 CONGRESSIONAL RECORD — HOUSE H1135 NOES—154 PERSONAL EXPLANATION ‘‘Yes’’ on rollcall vote No. 110 (on approving Aderholt Graves (GA) Norcross Mr. GENE GREEN of Texas. Mr. Speaker, the journal). Aguilar Graves (LA) Nugent I was unable to vote on Thursday, March 3, f Amash Graves (MO) Pallone 2016, due to important events being held Babin Grayson Paulsen Barton Green, Al Pearce today in our district in Houston and Harris ADJOURNMENT FROM THURSDAY, Bass Guinta Perry County, Texas. MARCH 3, 2016, TO MONDAY, Bera Gutie´rrez Peters If I had been able to vote, I would have Blum Heck (NV) MARCH 7, 2016 Peterson voted as follows: Bost Hice, Jody B. Poe (TX) Mr. DOLD. Mr. Speaker, I ask unani- Brady (PA) Hill Poliquin On the Motion on Ordering the Previous Brownley (CA) Holding mous consent that when the House ad- Price, Tom Question on the Rule providing for consider- Buck Honda Reichert journs today, it adjourn to meet at 4 Bucshon Huizenga (MI) ation of H.R. 4557, the Blocking Regulatory In- Renacci p.m. on Monday next. Burgess Hurd (TX) terference from Losing Kilns Act, I would have Rice (SC) Capuano Israel The SPEAKER pro tempore (Mr. Rigell voted ‘‘no.’’ Carney Jackson Lee On H. Res. 635, the Rule providing for con- BISHOP of Michigan). Is there objection Carter (GA) Jenkins (KS) Roe (TN) to the request of the gentleman from Rogers (AL) sideration of H.R. 4557, I would have voted Cartwright Jenkins (WV) Illinois? Castor (FL) Johnson (OH) Rokita ‘‘no.’’ Chaffetz Jones Ros-Lehtinen On S. 1826, To designate the facility of the There was no objection. Clarke (NY) Jordan Rouzer Clawson (FL) Joyce Rush United States Postal Service located at 99 f Clyburn Kilmer Ryan (OH) West 2nd Street in Fond du Lac, Wisconsin, Coffman Kind Sarbanes as the Lieutenant Colonel James ‘‘Maggie’’ BLOCKING REGULATORY INTER- Cohen Kinzinger (IL) Schakowsky Megellas Post Office, I would have voted FERENCE FROM CLOSING KILNS Conaway Knight Smith (MO) ACT Connolly Lance Speier ‘‘yea.’’ Conyers Langevin Stivers On passage of H.R. 4557, the Blocking (Mr. ALLEN asked and was given Costello (PA) Larson (CT) Swalwell (CA) Regulatory Interference from Losing Kilns Act Crowley Lawrence permission to address the House for 1 Thompson (CA) of 2016, I would have voted ‘‘no.’’ Cummings Lee Thompson (MS) minute and to revise and extend his re- Curbelo (FL) Levin Thompson (PA) On the Journal Vote, I would have voted marks.) Davis, Rodney Lewis Tiberi ‘‘yea.’’ DeFazio Lieu, Ted Mr. ALLEN. Mr. Speaker, the Presi- Tipton PERSONAL EXPLANATION Delaney LoBiondo Turner dent has a history of legislating Denham Love Valadao Ms. ROYBAL-ALLARD. Mr. Speaker, I was through government agencies, and his DeSantis Lowey Vargas absent due to illness and was not present for Dold Lynch flavor of the week continues to be the Veasey Duffy MacArthur roll call votes on Thursday, March 3, 2016. EPA. Ellison Maloney, Sean Vela Had I been present, I would have voted in this Vela´ zquez Using faceless EPA bureaucrats, this Ellmers (NC) Marchant manner: administration issues new rules and Farenthold Matsui Visclosky Farr McDermott Walberg Rollcall Vote No. 106—Ordering the Pre- regulations daily, passing them out Fattah McGovern Walker vious Question on H. Res. 635—the rule pro- like candy. Not only are they costly Fincher McKinley Waters, Maxine viding for consideration of H.R. 4557—Block- and time-consuming, these rules affect Fleming McSally Watson Coleman ing Regulatory Interference from Closing Kilns Flores Meehan Weber (TX) the heart of America’s prosperity and Forbes Messer Westerman Act of 2016—‘‘no.’’ economic growth: our small businesses. Foxx Miller (FL) Woodall Rollcall Vote No. 107—Adoption of H. Res. I rise today in support of legislation Fudge Murphy (PA) Yoder 635—the rule providing for consideration of Gibson Neal Yoho that works to block the overreaching Gosar Nolan Young (AK) H.R. 4557—Blocking Regulatory Interference hand of this administration and pro- from Closing Kilns Act of 2016—‘‘no.’’ tects Americans and American busi- ANSWERED ‘‘PRESENT’’—1 Rollcall Vote No. 108—S. 1826 To des- nesses from more burdensome regula- Tonko ignate the facility of the United States Postal tions. NOT VOTING—61 Service located at 99 West 2nd Street in Fond The BRICK Act delays a harmful Amodei Hanna Palazzo du Lac, Wisconsin, as the Lieutenant Colonel EPA rule from being implemented Beatty Hensarling Pascrell James ‘‘Maggie’’ Megellas Post Office Office— until all judicial review has been com- Benishek Herrera Beutler Payne ‘‘yes.’’ pleted. To me, this legislation is plain Blumenauer Higgins Pittenger Rollcall Vote No. 109—Passage of H.R. Boyle, Brendan Hinojosa Pitts common sense. F. Hoyer Pompeo 4557—Blocking Regulatory Interference from Congress needs to stand up to this ad- Byrne Hudson Quigley Closing Kilns Act of 1016—‘‘yes.’’ ministration, which continues to legis- Ca´ rdenas Huelskamp Rangel Rollcall Vote No. 110—Journal—‘‘yes.’’ Collins (GA) Hunter Reed late outside its jurisdiction, and in- Cook Hurt (VA) Rice (NY) Mr. SMITH of Washington. Mr. Speaker, on creasingly, the courts confirm my Costa Keating Richmond Monday, February 29; Tuesday, March 1; claims. The legislative process begins Courtney King (IA) Roskam Wednesday, March 2; and Thursday, March 3, and ends with Congress. I commend my Crawford Kirkpatrick Roybal-Allard 2016, I was on medical leave while recovering Duncan (TN) Larsen (WA) Sa´ nchez, Linda colleagues today for passing the BRICK Edwards Loebsack T. from hip replacement surgery and unable to Act to prove we will stand up to Wash- Gibbs McCaul Sanchez, Loretta be present for recorded votes. Had I been ington agencies that overstep their Gohmert Mica Simpson present, I would have voted: Granger Miller (MI) Sires boundaries. Green, Gene Moore Smith (WA) ‘‘Yes’’ on rollcall vote No. 102 (on the mo- Grijalva Mulvaney Trott tion to suspend the rules and pass H.R. f Grothman Napolitano Westmoreland 4238). NO BUDGET, NO PAY ‘‘Yes’’ on rollcall vote No. 103 (on the mo- b 1148 tion to suspend the rules and pass H.R. 136). (Mr. PETERS asked and was given ‘‘Yes’’ on rollcall vote No. 104 (on the mo- permission to address the House for 1 So the Journal was approved. tion to suspend the rules and pass H.R. minute.) The result of the vote was announced 3735). Mr. PETERS. Mr. Speaker, I ran for as above recorded. ‘‘Yes’’ on rollcall vote No. 105 (on passage Congress on the idea of no budget, no PERSONAL EXPLANATION of H.R. 3716). pay. If Congress can’t do its job and Mr. HINOJOSA. Mr. Speaker, I was unable ‘‘No’’ on rollcall vote No. 106 (on ordering pass a budget, they don’t deserve a to be present in the House Chamber for cer- the previous question on H. Res. 635). paycheck. No hardworking American tain rollcall votes on February 26th and the ‘‘No’’ on rollcall vote No. 107 (on agreeing gets paid for not doing their job. So week of February 29 through March 3, 2016. to the resolution H. Res. 635). why should we? Had I been present on those dates, I would ‘‘Yes’’ on rollcall vote No. 108 (on the mo- Just a few months ago we passed a have voted ‘‘yea’’ for rollcalls 100, 102, 103, tion to suspend the rules and pass S. 1826). bipartisan 2-year budget agreement 104, 105, 108, and 110 and ‘‘nay’’ on rollcalls ‘‘No’’ on rollcall vote No. 109 (on passage of that moved us away from the harmful 101, 106, 107, and 109. H.R. 4557). sequester. Now many of my colleagues

VerDate Sep 11 2014 04:03 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MR7.004 H03MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1136 CONGRESSIONAL RECORD — HOUSE March 3, 2016 on the other side of the aisle are tain Edward Chow, Jr., a decorated home above the Potomac to the or- threatening to go back on that agree- Army veteran who was awarded the phanages in Vietnam, from the Ken- ment and keep us from having a budget Bronze Star for his selfless service in nedy Center to the International Com- at all. That is what gridlock looks like, the Vietnam war. mission on Missing Persons, Jim and that is what people hate about True to his character, Ed’s service to Kimsey has been a transformational Congress. our great Nation did not end after the leader. What are we going to do to fix it? war. Out of uniform, Ed has continued Despite his too-short life, Jim’s Come in to work 10 days in the entire serving his fellow Americans, dedi- re´sume´ is long and deep: founder and month of March. Maybe if we came to cating his life to supporting fellow CEO of AOL, chairman of Refugees work, we could debate and pass a budg- vets. International, Library of Congress et and spending bills that will spur eco- Ed’s illustrious public service career Trust Fund Board, Executive Com- nomic growth and create high-quality culminated in leading the State of mittee of the National Symphony Or- jobs. Maryland’s Department of Veterans Af- chestra, Kennedy Center Board of But, instead, we have 2 months on fairs. Under Secretary Chow’s leader- Trustees, West Point Board of Visitors, the calendar this year where we don’t ship, the Department enhanced claims an Army tour in the Dominican Repub- come to work at all, even once. A 5-day processing and improved the quality of lic and two in Vietnam, the Army workweek is expected from most Amer- its veterans’ homes. Ranger Hall of Fame, and so much icans. Why should Congress be any dif- As Ed’s friend, I witnessed his dedica- more. ferent? tion and passion for helping the men But for Jim’s myriad of friends, he f and women who defended our country. was so much more than a list of WOMEN’S HISTORY MONTH Ed never hesitated to help whenever I achievements. He was visionary, stra- called him on behalf of a veteran need- tegic, generous, mischievous, and al- (Mr. DOLD asked and was given per- ing assistance. ways had a smile on his face. mission to address the House for 1 I, like so many others, thank Ed for Who else could be tossed out of Gon- minute and to revise and extend his re- his admirable career of military and zaga College High School 2 months be- marks.) public service and want him to know Mr. DOLD. Mr. Speaker, I rise today fore graduation, graduate from our his legacy will endure. to celebrate March as Women’s History archrival St. John’s College High Month. As this month is also Red Cross f School, and still be a generous and loyal Gonzaga friend for decades to Month, I want to recognize one woman M&M’s 75TH ANNIVERSARY come? in particular: Clara Barton. (Mr. GARRETT asked and was given Ms. Barton was a nurse during the Jim’s funeral will be this Saturday at permission to address the House for 1 Civil War and a teacher before found- the Cathedral of St. Matthew the Apos- minute.) ing the American Red Cross in 1881. tle in Washington, D.C. Mr. GARRETT. Mr. Speaker, I rise She then served as the organization’s We will all miss you for a long time. today to recognize the 75th anniversary first president. Her compassion and ac- f of an iconic American candy first made complishments are truly inspiring, and in the great State of New Jersey. b 1200 her work has literally helped millions. On March 3, 1941, in Newark, New Unfortunately, in our society today, WHEN WEAKNESS IS Jersey, Mars began producing M&Ms as women make up less than 5 percent of PROVOCATIVE military rations for those serving in CEOs and are equally underrepresented World War II. Over the 75 years since The SPEAKER pro tempore. Under in other areas. As a father of two their founding, M&Ms grew to become the Speaker’s announced policy of Jan- daughters, ensuring that young women an internationally recognized brand uary 6, 2015, the gentleman from Texas can achieve anything that they set and a symbol of American innovation (Mr. GOHMERT) is recognized for 60 min- their mind to is personal for me. utes as the designee of the majority In the 10th Congressional District, we and quality. To this day, Mars continues to leader. run a Young Women’s Leadership Mr. GOHMERT. Mr. Speaker, I yield Academy. This program is designed to produce M&Ms in my district in Hackettstown, New Jersey. New Jersey to the gentleman from Pennsylvania help young women develop the leader- (Mr. ROTHFUS). ship skills necessary to overcome any is also home to Mars Global Chocolate headquarters, and they operate four fa- PLANNED PARENTHOOD and all challenges thrown their way. Mr. ROTHFUS. I thank the gen- This unique program gives young cilities in a State employing over 1,700 tleman for yielding. women the opportunity to learn from associates. Mr. Speaker, this week, the House other inspiring female leaders, such as Mars has remained active in New Jer- Select Investigative Panel on Infant our own colleague, Congresswoman sey communities over the years, and I Lives began hearings to look into ELISE STEFANIK, the youngest woman applaud their philanthropic endeavors Planned Parenthood’s harvesting and ever elected to the United States Con- and their commitment to our local trafficking of human body parts, which gress. towns. No doubt New Jersey is a sweet- I encourage all of my colleagues to er place because of M&Ms. was revealed in a series of undercover start similar programs in their district On behalf of the Fifth District of New videos last year. These were videos so that we can all do our part to help Jersey, I am pleased to have the oppor- that even Democrat Presidential inspire young women to become leaders tunity to recognize this extraordinary frontrunner Hillary Clinton, in her in their chosen fields. anniversary for M&Ms. words, ‘‘obviously found disturbing.’’ Of course, this is just a small part of f Since the release of the videos last year, some have rushed to defend the the solution. As we celebrate the in- HONORING JAMES V. KIMSEY spiring achievements of women this organization, and Planned Parenthood month, we must rededicate ourselves (Mr. BEYER asked and was given and its allies have been in full damage to doing more to tear down barriers permission to address the House for 1 control mode. Among the more bizarre and ensure gender equality in our minute.) defenses has been that the videos were country. Mr. BEYER. Mr. Speaker, America heavily edited, as if the statements and the world lost an indefatigable made by Planned Parenthood officials f champion, a distinguished gentleman, and a worker who harvested body parts HONORING EDWARD CHOW, JR. and a charismatic friend with the really aren’t what they appear to be. (Ms. DUCKWORTH asked and was death of James V. Kimsey this past I do not serve on this select com- given permission to address the House Tuesday. mittee, but if I did, I would really want for 1 minute and to revise and extend Jim was larger than life. Everything to take a hard look at that defense. her remarks.) Jim touched has become part of the The term ‘‘heavily edited’’ suggests Ms. DUCKWORTH. Mr. Speaker, I history and culture of our community. that important, qualifying context rise today to honor the service of Cap- From Bullfeathers to AOL, from his may have been omitted in these videos;

VerDate Sep 11 2014 00:40 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.032 H03MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 3, 2016 CONGRESSIONAL RECORD — HOUSE H1137 but I struggle, Mr. Speaker, with try- But this is no horror film, Mr. Speak- up 24 percent; Florida went up 23 percent; ing to understand any context that er. These words are direct quotes from Minnesota and Vermont went up 22 percent; would soften the language in these a technician who is engaged in a real- Arizona went up 21 percent; North Carolina tapes. world practice that is appalling, bar- went up 20 percent. For example, in what context is this baric, and indefensible—the harvesting Mr. Speaker, what makes it so in- okay? of fetal body parts for money. credibly difficult is knowing there are ‘‘We have been very good at getting It is not easy to come to the floor of Federal dollars that are being used for heart, lung, liver, because we know the House to speak these words. I abortion and being used for purposes that, so I am not going to crush that would prefer not to. It is uncomfort- that are against the religious beliefs of part.’’ able to listen to these words, and many so many Americans. When we think What about: ‘‘A lot of people want in- people would prefer not to hear them. that the whole object we were told for tact hearts these days,’’ or ‘‘always as If that is the case, Mr. Speaker—if I having ObamaCare and passing it many intact livers as possible’’? don’t like talking about this and if peo- against the will of the majority of the Do the defenders of Planned Parent- ple don’t like hearing about it—why, American people was so that we could hood think that they are talking about for goodness sake, are we allowing make sure everybody had insurance, chicken hearts or livers at a butcher hard-working taxpayers’ dollars to go now it appears that there has not been shop as opposed to baby body parts? to the organization that is responsible much change in the net number of peo- Just in what context does this sound for them? ple covered under insurance. right? We are a better nation than what is Oh, yes, it is true. There are some ‘‘Yesterday was the first time she revealed in these videos. There are people who were paying for their insur- said people wanted lungs.’’ 13,000 other health clinics that are ca- ance who no longer have it—they can’t How about: ‘‘Some people want lower pable of providing health care for afford it anymore. It is true that we extremities, too’’—that would be legs. women, clinics which do not perform have some people who were not paying ‘‘I don’t know what they’re doing with abortions. It is past time that the $500 for it who are having it provided now, it. I guess they want the muscle’’? million in Federal dollars that Planned but it really appears to have been more Again, Mr. Speaker, what is the situ- a transfer of working people’s money ation in which these statements would Parenthood receives every year be redi- rected to those clinics. to people who were not working. not shock a sensitive conscience? It appears that we have been moving What about this line? When is this an I thank the gentleman from Texas. WHEN WEAKNESS IS PROVOCATIVE into a socialist agenda for some time, acceptable statement? and that goes back to what President ‘‘Using a ‘less crunchy’ technique to Mr. GOHMERT. I thank Mr. Obama said when he first ran, telling get more whole specimens.’’ ROTHFUS, my friend from Pennsyl- ‘‘Joe the Plumber’’ that he wanted it In that phrase, the context is you vania. He is exactly right. We have so to be about spreading the wealth have a Planned Parenthood official many people across this Nation who around. The pilgrims found out that, at who is talking about a ‘‘less crunchy’’ understand the tragedy of taking a least in this world, if you try to share type of abortion, which begs the obvi- child’s life before it is fully born. and share alike—the Early New Testa- ous question: What does that even Mr. Speaker, I know there are some ment tried it, and it didn’t work—and mean? people, like our friend Donald Trump, Can anyone who defends Planned who say Planned Parenthood has done if you start allowing people who are Parenthood give me the context in a lot more good; but the trouble is, so not working to have the same benefits which this sounds good? often, Planned Parenthood takes as those who work, you will have more ‘‘I know I’ve seen livers; I’ve seen money from the Federal Government and more people who are not working. stomachs; I’ve seen plenty of neural and then just refers the women out. Of I hear from so many of my constitu- tissue. Usually you can see the whole course, that has been perpetuated by ents—I know I hear from others of my brain, usually, come out.’’ this administration in its making it friends here in Congress—that con- What about: ‘‘I don’t think it would sound like Planned Parenthood does stituents are hurting. Their insurance be as war torn’’ when discussing what mammograms and other things that is costing more, and like this article fetal remains look like during a second they don’t do. They refer people to points out, the deductibles have gone trimester abortion? What would that other people. higher. Ask one of my staff, who is not sentence sound like in an unedited Why not have that money not get making very much. If you make $30,000 and if you have a video? held up at Planned Parenthood? Why deductible of $6,000 as a healthy young At one point in a video, a clinic not have that money go directly to the person, what that basically means is worker brings in another fetal body, thousands of healthcare providers that that every dime you are paying into saying, ‘‘And another boy.’’ A boy. In actually provide the care that the health care is not going to help your another context, you might hear ‘‘and women are seeking and not have it go health care whatsoever. You are paying another boy’’ if a mom is giving birth to Planned Parenthood so that they for the new IRS agents, the new navi- to twin sons, but that is obviously not can get money from the government gators, and the new government union the context of these videos. and then keep their abortion business workers who will never spray Bactine Finally, Mr. Speaker, can someone going? please tell me the context in which this That also leads right into this article on anybody’s cut, who will never put a dialogue does not mean what it says? today from the National Review, Jim Band-Aid on. They will just keep add- ‘‘This is a really good fetus, and it Geraghty, regarding ObamaCare. Head- ing forms, adding requirements, taking looks like we can procure a lot from it line: ‘‘Deductibles Increased in 41 more time away from the true . . . we’re going to procure brain.’’ Fur- States under ObamaCare.’’ healthcare providers and more money ther: ‘‘So she gave me the scissors and It reads: away from the true healthcare pro- she told me I have to cut down the viders for bureaucrats. Freedom Partners unveils a new I know, back when I was an exchange middle of the face; and I can’t even, ‘Deductibles Tracker’ showing how much like, describe, like, what that feels deductibles have increased, on average, in student in the Soviet Union and when I like. And I remember picking it up and each State. I know this will shock you, but went and toured some of the most up- finishing going through the rest of the most people are finding their deductibles are to-date facilities in what was the So- face and just picking up the brain and going up and, in some cases, way up. viet Union at the time, I thanked God putting it in a container . . . and I’m Their analysis shows deductibles have in- that I lived in America. I thanked God just sitting there, like, what did I just creased in 41 States under ObamaCare—in that we had such incredible health care do?’’ some States, like Mississippi, by over $1,000. and that I didn’t have to rely on what Seventeen States, representing over half of appeared to have been 30- or 40-year-old What is the context in which these total exchange enrollment, are seeing dou- words might not be what they seem? ble-digit spikes. The largest increases were antiquated healthcare methods and I can think of one: perhaps if you had in Mississippi, which went up 39 percent; equipment for my health care. a screenwriter who was talking about a Washington State went up 31 percent; South Even living in the small town of new horror film she was writing. Carolina went up 26 percent; Louisiana went Mount Pleasant, as I did, I knew we

VerDate Sep 11 2014 00:40 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.034 H03MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1138 CONGRESSIONAL RECORD — HOUSE March 3, 2016 had a lot better healthcare facilities in what was a blessing to America, then That is the way self-government my hometown where I was growing up the world hurts. I have seen it in Afri- works. than they did in one of the largest cit- ca, the Middle East, Asia, South Amer- Now, I have been reporting, Mr. ies—well, the largest city in Ukraine— ica. Speaker, from this very podium for Kiev, where I toured facilities. I toured When we are not strong—as I have years about the misuse and abuse and a medical school and I couldn’t believe said numerous times, quoting a South providing our security by Homeland how far behind our medical schools African gentleman: When you get Security. that they were. weak, we suffer. Please tell people in I am very grateful to Judicial Watch. It is what happens when you continue Washington to quit getting weaker. We In their lawsuit against Homeland Se- moving towards socialized health care. suffer when you are weaker. curity, they have been able to obtain I know Mr. Trump, initially, wanted These kind of programs, ObamaCare, records that verify what some of us the government to provide everybody’s make us weaker. When we provide the have known to be true because of whis- health care, but apparently in his being resources, the ability for the largest tleblowers providing us information. informed that conservatives don’t like supporter of terrorism in the world to While some, whether CNN and other that, he is now saying no, that that is have over $100 billion, which they say places, belittle what we have said, we not where he is going. some of it is for sure going to be spent knew what we were talking about, but We know that President Obama, back on more terrorism, that is the kind of we couldn’t give the sources. Judicial Watch. This headline says: before he was President, was caught on activity that will not be blessed. That ‘‘Homeland Security Records Reveal is the kind of activity that brings a na- video saying that we want to go to sin- Officials Ordered Terrorist Watch List tion’s demise. gle payer—in other words, socialized Scrubbed.’’ medicine—where the government is in So health care is costing more. It says: ‘‘Judicial Watch announced charge of everybody’s health care. Deductibles are going up. People are today that it obtained 183 pages of doc- I know I have got conservative paying more for higher deductibles, uments from the Department of Home- friends who say, LOUIE, we don’t have less coverage. Yes. There are some land Security revealing that the to worry. We don’t have to fight who, because of the government sub- Obama administration scrubbed the ObamaCare, because socialized medi- sidies, are saying: Well, mine’s a little law enforcement agency’s ‘Terrorist cine always fails. They are wrong. So- less than it was before. But the people Screening Database’ in order to protect cialism always fails. As Margaret that are working are paying more, and what it considered the civil rights of Thatcher said, eventually, you run out it is devastating. suspected Islamic terrorist groups. The of other people’s money. Mr. Speaker, it is critical that those documents appear to confirm charges You incentivize not working and pe- of us who have a voice in this city that Obama administration changes nalize working, and that is what we are make our voices heard for those in our created a massive ‘hands off’ list. Re- doing here in America now. We are districts. You can’t be listening to the moved data from the terrorist watch moving in that direction, toward so- talking heads in this town and think list could have helped prevent the San cialism. The only time true capitalism, you have heard from America. Bernardino terrorist attack.’’ true free liberty, entrepreneurism in I mean, look at Politico. Last week Mr. Speaker, I would also submit the marketplace fails is when it starts they said I had a close race. Tuesday, that we have seen the email—I believe moving into socialist tendencies and with one opponent spending tremen- Senator GRASSLEY requested more in- adopting socialist ways. Then that can dously more than I did, two opponents, formation about it. spell doom for capitalism, those who I won with 82 percent. So that is what To my knowledge, we have not seen want to have a dictatorial Federal na- Politico calls a close race. additional explanations or information tional government. That is where they Mr. Speaker, I know that I didn’t win about the email about a person’s ter- want to see things go. with 82 percent because of my looks rorist ties, indication that he was a and certainly not because of the way I radical Islamist. The email response b 1215 sound. was: Oh, this guy’s on the Secretary of But it is ironic that when a free mar- It is because I make my voice heard Homeland Security’s hands-off list. ket society struggles, it is when they for the huge majority of people in east We have read stories about the White start incorporating socialist tendencies Texas with all the common sense they House allowing at least one or more in- and rewarding improper conduct or have got. That is what I am hearing dividuals with terrorist ties to come to nonworking. Then you have a lot more from them. the White House. There are con- people not working. They are outraged that we have al- sequences for ignoring the law, ignor- You incentivize people not to hire. lowed ObamaCare to last as long as it ing the lawbreakers, and not pro- You penalize people for hiring. You pe- has. They are suffering. They are out- tecting our homeland. nalize people for hiring more than 50 raged that this administration has The article says: ‘‘The new documents were produced people, like ObamaCare does. turned on our friend, Israel, and seeing in response to a Judicial Watch Feb- I have talked to people that still say that Iran is rewarded for their massive ruary 2015 Freedom of Information Act that they could hire more, but they are misconduct, as they have continued to (FOIA) lawsuit filed back on February not going to because of ObamaCare. be the largest supporter of terrorism in 13, 2015.’’ That means there are people walking the world, with this administration as It should be noted, I mean, that that around today going from business to an accomplice, as an enabler. There are is over a year ago. The Freedom of In- business, looking for a job that will not consequences to nations and govern- formation Act request should have find that business that will hire them ments that enable crime and mis- been answered promptly, but this ad- because of ObamaCare. conduct and terrorism and abuse. ministration is too caught up in trying When you have young people with For those who believe in the Bible, it to cover up their own tracks. 5-, 6-, $7,000 deductible health insur- was Hosea. God was explaining why he That is why we haven’t even gotten ance, they are paying for the bureauc- was about to come down on the chil- the Attorney General to provide Mem- racy. They are not paying for health dren of Israel. I love the rather loose bers of Congress the documents show- care. translation when he says that it is be- ing support for terrorism, the boxes of Apparently, some religious beliefs cause they have selected leaders who documents that were provided to peo- dictate against birth control. Mine were not my choice. ple who were convicted of supporting doesn’t, my Christian beliefs. But I ab- So people around the country can say terrorism. solutely respect the religious beliefs of all they want: Well, this President is The Justice Department provided it those who are against it. They should not my President. This Governor is not to them. I have asked repeatedly, and not have to pay for people to violate my Governor. This person is not my the most I have gotten is reference to their religious beliefs. elected representative. a few Web sites. That used to be the way this country I don’t agree with them. But every- They covered up their own wrong- grew and was blessed by God. But as we one in the country will suffer the con- doing. They have covered up ties to turn further and further away from sequences of poor choices as leaders. terrorism. They have covered up for

VerDate Sep 11 2014 03:04 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.035 H03MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 3, 2016 CONGRESSIONAL RECORD — HOUSE H1139 people who have supported terrorism. call National Guard troops now, and freedoms, as we see freedom slipping And there are consequences for that. they secured the border. Nobody came away. You learn more when you leave this across our border that we did not want Adam Kredo has a story here: town, Washington, D.C. to come across. He did it back in the ‘‘The flow of illegal immigrant chil- But when you have people in Africa, early 1900s, and we can’t do it now. dren into the United States is expected Egypt, Jordan, UAE, India, and Af- Well, the truth is, Mr. Speaker, we to rise to record-breaking numbers in ghanistan telling you that your admin- could do it now, but you have to have 2016 as deportations decrease, accord- istration in America is supporting vio- an administration with the will to pro- ing to leading members of the Senate’s lence by not standing up against rad- vide for the common defense of the Judiciary Committee. ical Islam and when you hear that from American people. ‘‘At least 20,455 unaccompanied mi- Muslim leaders who recognize the fail- Instead, we have enabled a massive nors have been caught during fiscal ures of this administration, then you amount of crime across the border re- year 2016 along the U.S.-Mexico border know that the whole world is seeing gions that is spilling into other areas as of last month, according to Com- what is going on and it is only here of the country. Drugs are spreading mittee Chairman Senator CHUCK that people have become so blind. around the country. GRASSLEY, who warned that if this I know there are people in the Repub- We have heard, also, from the FBI Di- trend continues, the number of illegal lican establishment that just cannot rector himself. There are ISIS cells, minors could eclipse a massive 2014 believe that a man like Trump, who and there are ISIS investigations in surge that strained the resources of the has spent his whole life taking one po- every State in the Union. So when are Department of Homeland Security and sition, could be leading so big in dif- they going to be triggered? prompted investigations into the ferent contests. We know that, when they are trig- Obama administration’s handling of And, yes, my friend TED CRUZ is gered with reports like we have just the issue.’’ Now, one of many problems is you doing quite well. It is nice to see some- read here, the administration has con- have people that are coming to Amer- body that has been consistently doing tinued to cleanse our Homeland Secu- ica because there are more opportuni- well. But around the world they see rity records to purge training material ties here, which begs the question: Why what is going on. for the FBI, for Intelligence, for Home- are there more opportunities here than The Republican establishment land Security so they don’t actually there are in their home country? doesn’t seem to understand. People are learn exactly what radical Islam is. When you analyze the situation, furious. They are furious about They don’t actually learn the verses in what you find is the reason they don’t ObamaCare. They are furious that we the Koran that are relied upon by rad- have businesses booming in their home turned on our friend, Israel. They are ical Islamists. country is because of graft or corrup- furious that we have enabled Iran to When we do finally have a Muslim tion or a corrupt government or a dic- continue their terrorist ways. leader like President Sissi in Egypt, tatorship because, as the old saying All of this at the same time—of who stands up in front of a room of goes, ‘‘capital is a coward.’’ course, this was—Donald Trump’s big Muslim imams and demands that they Money to capitalize or invest always issue that shot him to the top is border take back their region from the radical goes to where it feels safest—that is security. Islamists, this administration chooses why it is ‘‘capital is a coward’’—and it This article from today from KRWG to try to punish him and not help him, is not very safe in countries where the News, ‘‘Border Crime Taking A Toll On like this administration did, and want- government is corrupt, the rule of law Residents In Southwest New Mexico, ed to do more for the Muslim Brother- is not applied across the board, and the Arizona,’’ says: ‘‘Residents of New hood. laws are not enforced across the board. Mexico’s Bootheel and parts of south- b 1230 One of the great ironies in the world ern Arizona say human smuggling and right now is that people are leaving drug trafficking is taking its toll on I am tired of hearing from foreign countries where there is violence and the region. Muslim leaders their question: Why is the rule of law is not enforced. They ‘‘The Deming Headlight reports that your country still helping the Muslim are coming to America where, for most residents are scheduled Thursday to ex- Brotherhood? Don’t they know? Don’t of our history, we have done a better press their concerns to Federal offi- you know? The Muslim Brotherhood job than most any country ever in en- cials during a meeting at the Animas has been at war with you since 1979, forcing the law across the board. Community Center in Animas, New and you keep helping them. Once here illegally, those same peo- Mexico. Well, that is the way you lose a coun- ple are saying: Now that we are here, ‘‘Judy Keeler, a longtime resident of try. You lose it. We have got our we want you not to enforce the law the rural border region, says her home choice. Fiscal irresponsibility, which is across the board. We want you to ig- was recently burglarized and it’s not immoral. Instead of doing like all pre- nore your law on immigration and law an unusual episode for other residents. ceding generations in this country, on becoming citizens. Ignore it. ‘‘Residents have said State Highway which have always had as their theme, If we do that, it will make us like the 80 has become a favorite for Mexican ‘‘we want to make our country better corrupt countries they came from and cartel drug runners who manage to for our children than we had it,’’ now make us a land of no opportunity, navigate out of the Peloncillo Moun- we have gone through a couple of gen- where people will have to go to some tains along the Arizona-New Mexico erations who have said: You know other country where they enforce the border. They want an even more in- what? Forget the future generations. law. creased presence from the U.S. Border We want future generations’ money I have had even Members of Congress Patrol.’’ spent on us now. say: Well, if it all goes bad, we will all Apparently, they are not going to get Fifty years ago, seventy-five years pack up and head to Australia. But I it. ago, one hundred years ago, even when was talking to some people from Aus- We still hear people say there is no cars were first invented, you would not tralia this year, and I mentioned that way to secure our entire border, but have seen a bumper sticker like is not to them, and they didn’t laugh. They this brings back a recollection in his- uncommon today, retired persons say, looked very somber. tory. ‘‘We are spending our children’s inher- They said: You know, if something One of my least favorite Presidents, itance.’’ You wouldn’t see that because happens to the United States, you are Woodrow Wilson, secured the border they wanted to make the country bet- not going to be coming to Australia, after Pancho Villa had some of his ter than they had it. because China will take us over like thugs come across the border and kill Mr. Speaker, I know you personally, that. If the United States is not stand- American families. Americans back and you and I and our colleagues, we ing strong, they said, our country, Aus- then with good sense said: We can’t talk about it. We have talked about it tralia, will be gone. China would grab have that. today—heated conference—because we us up in a heartbeat. They spurred the President on until want a better country even than we It is important that America stand he sent tens of thousands of what we have had with more opportunity, more strong. You can’t stand strong when

VerDate Sep 11 2014 00:40 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.036 H03MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1140 CONGRESSIONAL RECORD — HOUSE March 3, 2016 you are financially bankrupt. You As a Nigerian Catholic bishop stated: because many laws regulate what you can’t stand strong when you are mor- Our religious beliefs are not for sale— can and can’t do. ally bankrupt. We seem to have our not to President Obama, not to any- The more laws you pass, just as this choice of ways we could meet our de- body. administration has shown the Amer- mise. But there are consequences in world ican people, as it has set all-time Our military is being degraded under history when one nation tries to de- records for the most pages of regula- this administration, the Navy going stroy the religious beliefs of another tions—there are over 79,000 new pages back to its size back in—was it?—the country—their closely, firmly held re- of regulations every year. How can early 1900s before World War I. Weak- ligious beliefs. There are consequences anybody make a living with that kind ness is provocative. I haven’t heard when a nation forgets to say: Thank of regulation coming out year after anybody else notice. Maybe there is no You, God, for all of our blessings. year, certainly for the last 7? Incred- correlation; maybe there is. Thank You, God, for protecting us. ible. It seems historically, from my study Thank You for allowing us to live in The Founders knew that. They want- of history, that when a nation’s enemy the greatest country, a country in ed to make it hard for any govern- sees that nation’s biggest friend pull- which there is more opportunity, more mental agency, any government bu- ing away and not being as good a assets per person than anywhere in the reaucracy to create laws that took friend, then that enemy is provoked to world. away freedom because they had some attack. But it was in May of 2010 when This is the one country where the libertarian tendencies. this administration sided with Israel’s number one health problem for our Na- Justice Scalia, said: So they wanted enemies in demanding that Israel dis- tion’s poor is obesity. It is a terrible it hard to pass laws, so what do they close all their weapons systems, includ- problem that we need to deal with. But do? They create a legislature with two ing any potential nukes. I was shocked where in history do you have a country Houses, and certainly that was part of by that. The United States had never where the nation’s poor have, as their the compromise. But in England, the sided with all of Israel’s enemies like number one health problem, obesity? House of Lords is not particularly pow- that before. This Nation has been blessed beyond erful, but they wanted both houses I thought about the Bible story of anything that people could have ever with the power to stop what the other King Hezekiah when the Babylonian dreamed when this Nation was founded. one was doing. They wanted it very dif- leaders had come to visit and But the Founders did see one thing. ficult in one house to pass a law. schmoozed with him, and Isaiah asked They saw the threat of giving more and I think they would cringe if they saw him: What have you done with the Bab- more power to a Federal Government. all the bills that are just passed with ylonian leaders? Of course, this is a I was fortunate to call Justice Scalia unanimous consent or on suspension Texas paraphrased version, but he a friend. A group of seniors from my that we do more and more and more, bragged about: I have taken them and hometown of Tyler, Texas, from my because they wanted it tough to pass shown them all of our treasure. The church, Green Acres Baptist, came up laws. most literal translation from the He- to Washington, D.C. They said: Hey, I have friends say: You guys should brew says: And I showed them all the you are supposed to be friends with be in session more often. defenses we have in our arsenal, our ar- Justice Scalia. We would love to meet I say: You don’t know what you are mory. asking for, because every day we are in Isaiah explained: You are going to him. That is one thing we really want to do in Washington. session, we pass some new bill, we pass lose the country. some new law. You don’t show your enemy—you So I called over, and Justice Scalia, don’t even show your friends—all of bless his heart, he said: Sure, come on b 1245 your defenses, and yet we were de- over. Many of those laws take away free- manding that of Israel. Within 48 So they arranged it. We had the doms of Americans. The Founders hours, Israel’s enemies launched a flo- meeting. He walks in. They are all knew that. That is why, Justice Scalia tilla to go challenge the lawful block- seated there, the seniors from my said, they created two Houses. If one ade of the Gaza Strip. All that Israel church, and Justice Scalia could be House got a law through it, the other was doing was trying to prevent more very talkative. I treasure meals with one could stop it cold. But that wasn’t rockets from going in because the him, exchanging jokes and stories. It enough to protect our freedom. rockets were being launched at them made you feel good about the world. He We want an executive, but not one every day—totally legal. They were walks in and leans up against the table like a prime minister. The prime min- trying to defend themselves against at the front: So, you want to meet me. ister is elected by the legislature. We rocket attacks and created a terrible What is your question? What questions don’t want that. We want it tough. situation at the blockade. have you got? We want independence. So we are But as America continues to help It kind of took them by surprise. One going to have a chief executive, a fund Iran’s desire to support terrorism, said: Do you think we are the freest President, that is elected totally sepa- and as this administration has turned Nation in history because of our Bill of rate from the legislature. its back on nations like Nigeria, Ethi- Rights? Even if the House and Senate finally opia, Kenya, I hear from leaders in Justice Scalia, in his inimitable agree on something, we will give him those countries where they say: You style, said: Oh, gosh, no. No. The So- the power to just say: No. I am not know, all we wanted was a little help viet Union had a better Bill of Rights going to let it happen. against our enemy. than we did. But that is not enough. We want Of course, in Nigeria, having been I had forgotten. I made an A on a more gridlock. So let’s create a judi- there and having met with so many of paper in college that I did about the cial branch, as they did in Article III, the parents of girls who were kid- Bill of Rights and the Constitution of that could turn around and say: No. napped by Boko Haram, radical the Soviet Union. Yeah, they were The House, Senate, and the President Islamists, we then hear that our ad- promised all kinds of rights, but the may have agreed, but we don’t agree. ministration here says: Oh, yeah, we government was given the power to It is not consistent with the Con- will give you some help, but you have erode all of the rights that were said to stitution. Justice Scalia said that is got to change your religious beliefs. be protected. why we are the freest Nation in his- You have got to change your laws so it He said: No. The reason that we are tory: because our Founders did not supports same-sex marriage and you the freest country in history is because trust government. fund abortion, and then we will give our Founders did not trust govern- So, Mr. Speaker, it concerns me when you more help. ment, and so they wanted to make it as I see voters begin to think that our The President in Kenya basically hard as possible to pass laws. See, the hope is going to arrive on Air Force said at a news conference, in effect: Founders thought that gridlock was a One. One of my greatest thrills was be- You take care of your country. You are blessing, gridlock was a great thing, coming friends with Chuck Colson. not going to come tell us what our reli- because it meant that, as people antici- As Chuck Colson said: Our hope will gious beliefs and laws should be. pated passing laws, it would be tough not arrive on Air Force One.

VerDate Sep 11 2014 00:40 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.038 H03MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 3, 2016 CONGRESSIONAL RECORD — HOUSE H1141 The old saying, the axiom, is true: Immunity is granted when, with the Mr. REICHERT, Washington democracy ensures a people are gov- prosecution, the investigators—in this Mr. NUNES, California erned no better than they deserve. case, the FBI—feel that laws are being f If you want a good President, you violated. So we are going to grant im- have got to be a good country. An im- munity to this person so that we can LEAVE OF ABSENCE moral country is not going to elect a get the person further up. By unanimous consent, leave of ab- great leader. They are going to elect an But I still maintain that, as long as sence was granted to: immoral leader. Hillary Clinton does not condemn or Ms. ROYBAL-ALLARD (at the request When you see Christians who believe expose the Obama administration to of Ms. PELOSI) for today on account of that the only way to the saving grace any of the truth about what went on in illness. of Jesus is to ask for forgiveness and, Benghazi and about the hands-off list f as the Bible says, believe in the Lord of terrorists and homeland security, I Jesus Christ and you will be saved, it is do not see her getting indicted. It is a SENATE ENROLLED BILL SIGNED amazing to see Christian leaders saying good insurance policy. The Speaker announced his signature they are going to put their faith in a Another article from the New York guy that says he has never had to ask to an enrolled bill of the Senate of the Times: ‘‘As Campaign Unfolds, So Do following title: for forgiveness. But that was modified Inquiries Into Hillary Clinton’s later to: Well, I don’t think God’s con- S. 1596. An act to designate the facility of Emails.’’ the United States Postal Service located at cerned with trivial things like that. So many voters don’t seem to care. If I were God, I wouldn’t be. But 2082 Stringtown Road in Grove City, Ohio, as Why? Because people are governed no the ‘‘Specialist Joseph W. Riley Post Office thank God I am not God. He seems to better than they deserve. If they are Building’’. care about every individual. If you be- more concerned about themselves than f lieve the Bible, that is what it says. their children, they are going to get And then, if there is not enough bad what they deserve. ADJOURNMENT news, this comes from KPNX today: Well, we had Mitt Romney come out ‘‘Attorney General Report: Possible Mr. GOHMERT. Mr. Speaker, I move today just before we voted condemning smuggling trail between the Middle that the House do now adjourn. Donald Trump as phony and a fraud. East and Arizona border.’’ The motion was agreed to; accord- We have talked about that before. Everybody knows that people across ingly (at 12 o’clock and 54 minutes Long before, the Attorney General in- this country are furious with the estab- p.m.), under its previous order, the dicated that there appeared to be a lishment. House adjourned until Monday, March trail between the Middle East and the So if that idea was Donald Trump’s— 7, 2016, at 4 p.m. to get Mitt Romney to come out and Arizona border. f We have this story this week from condemn him—it was a brilliant plan. Stephen Dinan from The Washington Because that is like asking Marv Levy EXECUTIVE COMMUNICATIONS, Times: ‘‘Top border chief to agents who to tell you how to win the Super Bowl, ETC. object to Obama amnesty: ‘Look for after he lost four of them. Under clause 2 of rule XIV, executive another job.’ ’’ In any event, Mr. Speaker, this coun- communications were taken from the There you are, Mr. Speaker. When try is in grave danger. I was all over Speaker’s table and referred as follows: the 12 counties that I represent. This the head of the border agency says 4551. A letter from the Director, Regu- they are not going to enforce the laws country has so many great citizens. latory Management Division, Environmental that exist, then one of two things, ei- They deserve better than what they are Protection Agency, transmitting the Agen- ther that is what the country deserves getting. cy’s direct final rule — Air Plan Approval; Il- because it has become immoral and I hope and pray the majority in the linois; Base Year Emission Inventories for lawless or the country rises up and country will wake up and see the dan- the 2008 8-Hour Ozone Standard [EPA-R05- says: We will never have another ad- gers to our own national defense, to OAR-2014-0664; FRL-9943-33-Region 5] re- ministration like this. As long as we our own national security, from gov- ceived March 2, 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Added by Public Law 104-121, are alive, we are going to make sure we ernment intrusions into our private lives, from drugs that are coming in Sec. 251; (110 Stat. 868); to the Committee on have an administration that enforces Energy and Commerce. the law, no matter who it is. through Mexico, and from terrorists 4552. A letter from the Director, Regu- Apparently, since people govern no that are coming into this country. The latory Management Division, Environmental better than they deserve, we now find FBI Director himself says we have got Protection Agency, transmitting the Agen- out that Hillary’s highly paid IT guru them in every State. cy’s final rule — Air Plan Approval; Ohio; at the State Department had no actual We are in big trouble. It is time the Regional Haze Glatfelter BART SIP Revision national security experience. American people woke up and said, as [EPA-R05-OAR-2014-0362; FRL-9943-29-Region So, apparently, we elected an admin- our parents did: We don’t care what has 5] received March 2, 2016, pursuant to 5 happened before. We are going to make U.S.C. 801(a)(1)(A); Added by Public Law 104- istration that ensured people were gov- 121, Sec. 251; (110 Stat. 868); to the Committee erned no better than they deserve and, sure this country is left in better on Energy and Commerce. apparently, they felt like we didn’t de- shape, with more opportunity, than we 4553. A letter from the Director, Regu- serve a State Department with na- had growing up. latory Management Division, Environmental tional security experience. Mr. Speaker, we are going to have to Protection Agency, transmitting the Agen- Is it any wonder—I thank God—that hurry. The clock is ticking. cy’s direct final rule — Air Plan Approval; there have been more Benghazis under I yield back the balance of my time. Wisconsin; Base Year Emission Inventories for the 2008 8-Hour Ozone Standard [EPA- that kind of attitude? One was too f many. R05-OAR-2014-0860; FRL-9943-31-Region 5] re- We see yesterday that the Justice APPOINTMENT OF MEMBERS AS ceived March 2, 2016, pursuant to 5 U.S.C. CONGRESSIONAL ADVISORS ON 801(a)(1)(A); Added by Public Law 104-121, Department grants immunity to the Sec. 251; (110 Stat. 868); to the Committee on staffer who set up the Clinton email TRADE POLICY AND NEGOTIA- TIONS Energy and Commerce. server. I have been a prosecutor. I have 4554. A letter from the Director, Regu- been a judge. I have been a chief jus- The SPEAKER pro tempore. The latory Management Division, Environmental tice. When someone grants immunity, Chair announces the Speaker’s ap- Protection Agency, transmitting the Agen- they are closing in on a prosecution. pointment, pursuant to section 161(a) cy’s final rule — Air Plan Disapproval; Geor- That is the intent. of the Trade Act of 1974 (19 U.S.C. 2211), gia: Disapproval of Automatic Rescission You don’t grant immunity to some- and the order of the House of January Clause [EPA-R04-OAR-2010-0816; FRL-9943-35- one and someone doesn’t normally seek 6, 2015, of the following Members on the Region 4] received March 2, 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Added by Public Law immunity unless they are concerned part of the House as Congressional Ad- 104-121, Sec. 251; (110 Stat. 868); to the Com- that they may have violated the law. visors on Trade Policy and Negotia- mittee on Energy and Commerce. They seek immunity because they vio- tions: 4555. A letter from the Director, Regu- lated the law. Mr. BRADY, Texas latory Management Division, Environmental

VerDate Sep 11 2014 00:40 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MR7.040 H03MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1142 CONGRESSIONAL RECORD — HOUSE March 3, 2016 Protection Agency, transmitting the Agen- by Public Law 104-121, Sec. 251; (110 Stat. ceived February 29, 2016, pursuant to 5 U.S.C. cy’s final rule — Alpha-[2,4,6-Tris[1- 868); to the Committee on Energy and Com- 801(a)(1)(A); Added by Public Law 104-121, (phenyl)ethyl]phenyl]-Omega-hydroxy poly merce. Sec. 251; (110 Stat. 868); to the Committee on (oxyethylene) poly(oxypropylene) copolymer; 4564. A letter from the Secretary, Federal Transportation and Infrastructure. Tolerance Exemption [EPA-HQ-OPP-2015- Trade Commission, transmitting the Com- 4573. A letter from the Attorney-Advisor, 0485; FRL-9942-48] received March 2, 2016, pur- mission’s final rule — Automotive Fuel Rat- U.S. Coast Guard, Department of Homeland suant to 5 U.S.C. 801(a)(1)(A); Added by Pub- ings, Certification and Posting (RIN: 3084- Security, transmitting the Department’s no- lic Law 104-121, Sec. 251; (110 Stat. 868); to the AB39) received March 1, 2016, pursuant to 5 tice of enforcement of regulation — Safety Committee on Energy and Commerce. U.S.C. 801(a)(1)(A); Added by Public Law 104- Zone; Circle Line Sightseeing Fireworks, 4556. A letter from the Director, Regu- 121, Sec. 251; (110 Stat. 868); to the Committee Liberty Island, Upper New York Bay, Man- latory Management Division, Environmental on Energy and Commerce. hattan, NY [Docket No.: USCG-2015-1048] re- Protection Agency, transmitting the Agen- 4565. A letter from the Director, Office of ceived February 29, 2016, pursuant to 5 U.S.C. cy’s final rule — Approval of Arizona Air Congressional Affairs, Nuclear Regulatory 801(a)(1)(A); Added by Public Law 104-121, Plan Revisions; Phoenix, Arizona; Second 10- Commission, transmitting the Commission’s Sec. 251; (110 Stat. 868); to the Committee on Year Carbon Monoxide Maintenance Plan final NUREG — Chapter 11, Radioactive Transportation and Infrastructure. [EPA-R09-OAR-2015-0645; FRL-9942-17-Region Waste Management [SRPs: 11.1; 11.2; 11.3; 4574. A letter from the Attorney-Advisor, 9] received March 2, 2016, pursuant to 5 11.4; 11.5] received March 1, 2016, pursuant to U.S. Coast Guard, Department of Homeland U.S.C. 801(a)(1)(A); Added by Public Law 104- 5 U.S.C. 801(a)(1)(A); Added by Public Law Security, transmitting the Department’s 121, Sec. 251; (110 Stat. 868); to the Committee 104-121, Sec. 251; (110 Stat. 868); to the Com- temporary final rule — Safety Zone; Navy on Energy and Commerce. mittee on Energy and Commerce. UNDET, Apra Outer Harbor, GU [Docket No.: 4557. A letter from the Director, Regu- 4566. A letter from the Director, Office of USCG-2015-1096] (RIN: 1625-AA00) received latory Management Division, Environmental Congressional Affairs, Nuclear Regulatory February 29, 2016, pursuant to 5 U.S.C. Protection Agency, transmitting the Agen- Commission, transmitting the Commission’s 801(a)(1)(A); Added by Public Law 104-121, cy’s final rule — Fluensulfone; Pesticide Tol- final NUREG — Probabilistic Risk Assess- Sec. 251; (110 Stat. 868); to the Committee on erance for Emergency Exemption [EPA-HQ- ment and Severe Accident Evaluation for Transportation and Infrastructure. OPP-2015-0475; FRL-9942-10] received March 2, New Reactors [SRP Section 19.0] received 4575. A letter from the Attorney-Advisor, 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Added March 1, 2016, pursuant to 5 U.S.C. U.S. Coast Guard, Department of Homeland by Public Law 104-121, Sec. 251; (110 Stat. 801(a)(1)(A); Added by Public Law 104-121, Security, transmitting the Department’s 868); to the Committee on Energy and Com- Sec. 251; (110 Stat. 868); to the Committee on temporary final rule — Safety Zone; Upper merce. Energy and Commerce. Mississippi River and Illinois River, MO and 4558. A letter from the Director, Regu- 4567. A letter from the Director, Office of IL [Docket No.: USCG-2015-1121] (RIN: 1625- latory Management Division, Environmental Congressional Affairs, Nuclear Regulatory AA00) received February 29, 2016, pursuant to Protection Agency, transmitting the Agen- Commission, transmitting the Commission’s 5 U.S.C. 801(a)(1)(A); Added by Public Law cy’s final rule — Pendimethalin; Tolerance final NUREG — Chapter 11, Radioactive 104-121, Sec. 251; (110 Stat. 868); to the Com- Actions; Corrections [EPA-HQ-OPP-2014-0194; Waste Management [SRPs: BTP 11-3; BTP 11- mittee on Transportation and Infrastruc- EPA-HQ-OPP-2014-0397; FRL-9942-24] received 5; BTP 11-6] received March 1, 2016, pursuant ture. March 2, 2016, pursuant to 5 U.S.C. to 5 U.S.C. 801(a)(1)(A); Added by Public Law 4576. A letter from the Attorney-Advisor, 801(a)(1)(A); Added by Public Law 104-121, 104-121, Sec. 251; (110 Stat. 868); to the Com- U.S. Coast Guard, Department of Homeland Sec. 251; (110 Stat. 868); to the Committee on mittee on Energy and Commerce. Security, transmitting the Department’s 4568. A letter from the Assistant Legal Ad- Energy and Commerce. temporary final rule — Regulated Naviga- viser, Office of Treaty Affairs, Department of 4559. A letter from the Director, Regu- tion Area, Kill Van Kull and Newark Bay; State, transmitting a report prepared by the latory Management Division, Environmental Bayonne, NJ, NY [Docket No.: USCG-2014- Department of State concerning inter- Protection Agency, transmitting the Agen- 0002] (RIN: 1625-AA11) received February 29, national agreements other than treaties en- cy’s final rule — Penoxsulam; Pesticide Tol- 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Added tered into by the United States to be trans- erances [EPA-HQ-OPP-2014-0879; FRL-9940-36] by Public Law 104-121, Sec. 251; (110 Stat. mitted to the Congress within the sixty-day received March 2, 2016, pursuant to 5 U.S.C. 868); to the Committee on Transportation period specified in the Case-Zablocki Act, 801(a)(1)(A); Added by Public Law 104-121, and Infrastructure. pursuant to 1 U.S.C. 112b(d) Public Law 92- Sec. 251; (110 Stat. 868); to the Committee on 4577. A letter from the Federal Register Li- 403, Sec. 1; (86 Stat. 619); to the Committee Energy and Commerce. aison Officer, Alcohol and Tobacco Tax and 4560. A letter from the Director, Regu- on Foreign Affairs. Trade Bureau, Department of the Treasury, latory Management Division, Environmental 4569. A letter from the Board Members, transmitting the Department’s final rule — Protection Agency, transmitting the Agen- Railroad Retirement Board, transmitting Establishment of the Lamorinda Viticultural cy’s final rule — Rulemaking to Affirm In- the Board’s calendar year 2015 annual report, Area [Docket No.: TTB-2015-0007; T.D. TTB- terim Amendments to Dates in Federal Im- pursuant to 5 U.S.C. 552b(j); Public Law 94- 133; Ref: Notice No.: 151] (RIN: 1513-AC17) re- plementation Plans Addressing Interstate 409, Sec. 3(a); (90 Stat. 1241); to the Com- ceived March 2, 2016, pursuant to 5 U.S.C. Transport of Ozone and Fine Particulate mittee on Oversight and Government Re- 801(a)(1)(A); Added by Public Law 104-121, Matter [EPA-HQ-OAR-2009-0491; FRL-9943-36- form. Sec. 251; (110 Stat. 868); to the Committee on OAR] (RIN: 2060-AS40) received March 2, 2016, 4570. A letter from the Secretary, Depart- Ways and Means. pursuant to 5 U.S.C. 801(a)(1)(A); Added by ment of Health and Human Services, trans- 4578. A letter from the Chief, Publications Public Law 104-121, Sec. 251; (110 Stat. 868); to mitting the Department’s determination on and Regulations Branch, Internal Revenue the Committee on Energy and Commerce. a petition filed on behalf of workers who 4561. A letter from the Director, Regu- were employed at Battelle Laboratories at Service, transmitting the Service’s final rule latory Management Division, Environmental the King Avenue site in Columbus, Ohio, to — Regulations Governing Organization of Protection Agency, transmitting the Agen- be added to the Special Exposure Cohort, the Joint Board for the Enrollment of Actu- cy’s final rule — Zoxamide; Pesticide Toler- pursuant to 42 U.S.C. 7384q(c)(2); Public Law aries [TD 9749] (RIN: 1545-BM81) received ances [EPA-HQ-OPP-2014-0922; FRL-9942-18] 106-398, Sec. 1 (as amended by Public Law February 26, 2016, pursuant to 5 U.S.C. received March 2, 2016, pursuant to 5 U.S.C. 108-375, Sec. 3166(b)(1)); (118 Stat. 2188); to the 801(a)(1)(A); Added by Public Law 104-121, 801(a)(1)(A); Added by Public Law 104-121, Committee on the Judiciary. Sec. 251; (110 Stat. 868); jointly to the Com- Sec. 251; (110 Stat. 868); to the Committee on 4571. A letter from the Attorney-Advisor, mittees on Ways and Means and Education Energy and Commerce. U.S. Coast Guard, Department of Homeland and the Workforce. 4562. A letter from the Chief of Staff, Media Security, transmitting the Department’s in- Bureau, Federal Communications Commis- terim rule — Regulated Navigation Area; Re- f sion, transmitting the Commission’s final porting Requirements for Barges Loaded rule — Expanding Consumers’ Video Naviga- with Certain Dangerous Cargoes, Inland Riv- PUBLIC BILLS AND RESOLUTIONS tion Choices [MB Docket No.: 16-42]; Com- ers, Eighth Coast Guard District; Expiration Under clause 2 of rule XII, public mercial Availability of Navigation Devices of Stay (Suspension) and Administrative bills and resolutions of the following Changes [Docket No.: USCG-2013-0760] (RIN: [CS Docket No.: 97-80] received March 1, 2016, titles were introduced and severally re- pursuant to 5 U.S.C. 801(a)(1)(A); Added by 1625-AA11) received February 29, 2016, pursu- Public Law 104-121, Sec. 251; (110 Stat. 868); to ant to 5 U.S.C. 801(a)(1)(A); Added by Public ferred, as follows: the Committee on Energy and Commerce. Law 104-121, Sec. 251; (110 Stat. 868); to the By Mr. CAPUANO (for himself, Mr. 4563. A letter from the Chief of Staff, Media Committee on Transportation and Infra- KEATING, Mr. KENNEDY, Mr. LYNCH, Bureau, Federal Communications Commis- structure. Mr. MCGOVERN, Mr. NEAL, Mr. sion, transmitting the Commission’s final 4572. A letter from the Attorney-Advisor, MOULTON, Ms. TSONGAS, Ms. CLARK of rule — Expansion of Online Public File Obli- U.S. Coast Guard, Department of Homeland Massachusetts, Mr. VEASEY, Ms. gations to Cable and Satellite TV Operators Security, transmitting the Department’s JACKSON LEE, Mrs. LAWRENCE, and and Broadcast and Satellite Radio Licensees temporary final rule — Safety Zone; Pleas- Ms. BROWNLEY of California): [MB Docket No.: 14-127] received March 1, ure Beach Bridge, Bridgeport, CT [Docket H.R. 4677. A bill to amend the Omnibus 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Added No.: USCG-2015-1088] (RIN: 1625-AA00) re- Crime Control and Safe Streets Act of 1968 to

VerDate Sep 11 2014 04:03 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\L03MR7.000 H03MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 3, 2016 CONGRESSIONAL RECORD — HOUSE H1143 provide death benefits for campus police offi- ployees of the Department of Defense may homeowners association assessments; to the cers; to the Committee on the Judiciary. compete for vacant permanent positions Committee on Ways and Means. By Mr. ROYCE (for himself, Mr. YOHO, under internal merit promotion procedures, By Ms. ESTY (for herself, Mr. COS- Ms. ROS-LEHTINEN, Mr. DUNCAN of and for other purposes; to the Committee on TELLO of Pennsylvania, and Mr. South Carolina, and Mr. SALMON): Oversight and Government Reform. KNIGHT): H.R. 4678. A bill to prohibit modification, By Mr. AMODEI (for himself, Mr. H.R. 4697. A bill to provide for increased abrogation, abandonment, or other related HARDY, Mr. HECK of Nevada, and Ms. Federal oversight of prescription opioid actions with respect to United States juris- TITUS): treatment and assistance to States in reduc- diction and control over United States Naval H.R. 4688. A bill to promote conservation, ing opioid addiction, diversion, and deaths; Station, Guantanamo Bay, Cuba, without improve public land, and provide for sensible to the Committee on Energy and Commerce, congressional action; to the Committee on development in Douglas County, Nevada, and and in addition to the Committees on Ways Foreign Affairs. for other purposes; to the Committee on Nat- and Means, and the Judiciary, for a period to By Mr. DENT (for himself and Mr. ural Resources. be subsequently determined by the Speaker, CUELLAR): By Mr. BOUSTANY: in each case for consideration of such provi- H.R. 4679. A bill to amend the Help Amer- H.R. 4689. A bill to amend title 38, United sions as fall within the jurisdiction of the ica Vote Act of 2002 to eliminate straight- States Code, to authorize the Secretary of committee concerned. party voting from any voting system used Veterans Affairs to enter into contracts with By Mr. KATKO (for himself, Mr. administrative contractors for the proc- for Federal elections; to the Committee on MCCAUL, Mr. KEATING, Mr. DONOVAN, essing of claims for hospital care and med- House Administration. and Mr. KING of New York): By Mr. BISHOP of Utah: ical services furnished in non-Department of H.R. 4698. A bill to enhance aviation by re- H.R. 4680. A bill to prepare the National Veterans Affairs facilities; to the Committee quiring airport security assessments and a Park Service for its Centennial in 2016 and on Veterans’ Affairs. security coordination enhancement plan, and for a second century of promoting and pro- By Mrs. BUSTOS (for herself, Mr. for other purposes; to the Committee on tecting the natural, historic, and cultural re- WESTERMAN, Mr. LOEBSACK, Ms. Homeland Security. sources of our National Parks for the enjoy- DUCKWORTH, and Mr. TONKO): By Mr. KATKO (for himself and Ms. H.R. 4690. A bill to revitalize Army arse- ment of present and future generations, and SINEMA): nals, and for other purposes; to the Com- for other purposes; to the Committee on Nat- H.R. 4699. A bill to amend the Internal Rev- mittee on Armed Services. ural Resources, and in addition to the Com- enue Code of 1986 to provide for parent sav- By Mr. CARTWRIGHT (for himself and mittees on Agriculture, and Education and ings accounts, and for other purposes; to the ACKSON LEE): Ms. J Committee on Ways and Means. the Workforce, for a period to be subse- H.R. 4691. A bill to amend the Elementary By Mr. KING of New York (for himself, quently determined by the Speaker, in each and Secondary Education Act of 1965 to re- ISHOP of Georgia, Mr. NUNES, case for consideration of such provisions as quire local educational agencies to imple- Mr. B fall within the jurisdiction of the committee ment a policy on allergy bullying in schools; Mr. JONES, Mr. ZELDIN, and Mr. concerned. to the Committee on Education and the ISRAEL): H.R. 4700. A bill to award a Congressional By Ms. DUCKWORTH (for herself and Workforce. gold medal to the 5307th Composite Unit Ms. CLARK of Massachusetts): By Ms. CLARKE of New York: H.R. 4681. A bill to amend the Higher Edu- H.R. 4692. A bill to amend the Public (Provisional), commonly known as ‘‘Merrill’s cation Act of 1965 to provide greater support Health Service Act, in relation to requiring Marauders’’, in recognition of their bravery to students with dependents, and for other adrenoleukodystrophy screening of and outstanding service in the jungles of purposes; to the Committee on Education newborns; to the Committee on Energy and Burma during World War II; to the Com- and the Workforce. Commerce. mittee on Financial Services, and in addi- By Ms. DUCKWORTH (for herself and By Ms. DELAURO (for herself, Ms. tion to the Committee on House Administra- Ms. ESHOO): PELOSI, and Mr. LEVIN): tion, for a period to be subsequently deter- H.R. 4682. A bill to repeal debt collection H.R. 4693. A bill to amend the Internal Rev- mined by the Speaker, in each case for con- amendments made by the Bipartisan Budget enue Code of 1986 to provide a refundable and sideration of such provisions as fall within Act of 2015; to the Committee on Energy and advanceable tax credit for individuals with the jurisdiction of the committee concerned. Commerce. young children; to the Committee on Ways By Ms. KUSTER (for herself, Mr. By Mr. COFFMAN (for himself, Mr. and Means. LANCE, Mr. PAULSEN, Mr. WALZ, Mr. ZELDIN, Miss RICE of New By Mr. ELLISON (for himself, Mr. BUTTERFIELD, and Mr. HARPER): York, Mr. KING of New York, Mr. QUIGLEY, Mrs. LAWRENCE, and Mr. H.R. 4701. A bill to encourage States to re- JONES, Mr. RUSSELL, Mr. ZINKE, Mr. KILDEE): quire the installation of residential carbon MOULTON, Ms. DUCKWORTH, Mr. MUR- H.R. 4694. A bill to amend the Residential monoxide detectors in homes, and for other PHY of Florida, and Mr. GALLEGO): Lead-Based Paint Hazard Reduction Act of purposes; to the Committee on Energy and H.R. 4683. A bill to amend title 10, United 1992 to define environmental intervention Commerce, and in addition to the Committee States Code, to provide for a review of the blood lead level, and for other purposes; to on House Administration, for a period to be characterization or terms of discharge from the Committee on Financial Services, and in subsequently determined by the Speaker, in the Armed Forces of individuals with mental addition to the Committee on Energy and each case for consideration of such provi- health disorders alleged to affect terms of Commerce, for a period to be subsequently sions as fall within the jurisdiction of the discharge; to the Committee on Armed Serv- determined by the Speaker, in each case for committee concerned. ices. consideration of such provisions as fall with- By Mr. LANCE (for himself and Mr. By Mr. COFFMAN (for himself, Mr. in the jurisdiction of the committee con- QUIGLEY): KILMER, and Miss RICE of New York): cerned. H.R. 4702. A bill to direct the Director of H.R. 4684. A bill to amend title 38, United By Mr. ENGEL (for himself, Mr. STIV- the Government Publishing Office to provide States Code, to direct the Secretary of Vet- ERS, Ms. GRAHAM, Mr. KING of New members of the public with Internet access erans Affairs to furnish mental health care York, Mr. KENNEDY, Mr. DEUTCH, Mr. to Congressional Research Service reports, to certain former members of the Armed DOLD, Mr. MURPHY of Florida, Mr. and for other purposes; to the Committee on Forces who are not otherwise eligible to re- KINZINGER of Illinois, Mr. SEAN PAT- House Administration. ceive such care, and for other purposes; to RICK MALONEY of New York, Ms. ROS- By Mr. LUETKEMEYER: the Committee on Veterans’ Affairs. LEHTINEN, Mr. JENKINS of West Vir- H.R. 4703. A bill to eliminate the authority By Mr. MCCARTHY: ginia, Mr. YOUNG of Alaska, and Mr. of the executive branch to further restrict H.R. 4685. A bill to take certain Federal MACARTHUR): intra-family firearm transfers; to the Com- lands located in Tulare County, California, H.R. 4695. A bill to amend title XI of the mittee on the Judiciary. into trust for the benefit of the Tule River Social Security Act to improve the quality, By Mr. MCKINLEY (for himself and Mr. Indian Tribe, and for other purposes; to the health outcomes, and value of maternity MICHAEL F. DOYLE of Pennsylvania): Committee on Natural Resources. care under the Medicaid and CHIP programs H.R. 4704. A bill to increase accountability By Mr. REICHERT (for himself and Mr. by developing maternity care quality meas- with respect to Department of Energy car- NEWHOUSE): ures and supporting maternity care quality bon capture, utilization, and sequestration H.R. 4686. A bill to amend Public Law 103- collaboratives; to the Committee on Energy projects, and for other purposes; to the Com- 434 to authorize Phase III of the Yakima and Commerce, and in addition to the Com- mittee on Science, Space, and Technology, River Basin Water Enhancement Project for mittee on Ways and Means, for a period to be and in addition to the Committee on Energy the purposes of improving water manage- subsequently determined by the Speaker, in and Commerce, for a period to be subse- ment in the Yakima River basin, and for each case for consideration of such provi- quently determined by the Speaker, in each other purposes; to the Committee on Natural sions as fall within the jurisdiction of the case for consideration of such provisions as Resources. committee concerned. fall within the jurisdiction of the committee By Mr. MULLIN (for himself and Mr. By Ms. ESHOO (for herself and Mr. concerned. RUSSELL): THOMPSON of California): By Mr. MURPHY of Florida: H.R. 4687. A bill to amend title 5, United H.R. 4696. A bill to amend the Internal Rev- H.R. 4705. A bill to amend the Internal Rev- States Code, to provide that temporary em- enue Code of 1986 to allow a deduction for enue Code of 1986 to provide a nonrefundable

VerDate Sep 11 2014 00:40 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\L03MR7.100 H03MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1144 CONGRESSIONAL RECORD — HOUSE March 3, 2016 credit for the purchase of emergency posi- BRAT, Mr. JORDAN, Mr. CHAFFETZ, MEMORIALS tion-indicating radio beacons and personal Mr. COLLINS of Georgia, Mr. MCCLIN- Under clause 3 of rule XII, locator beacons; to the Committee on Ways TOCK, Mr. BARTON, and Mr. RIBBLE): and Means. H.J. Res. 85. A joint resolution proposing 175. The SPEAKER presented a memorial By Mr. PAULSEN: an amendment to the Constitution of the of the Senate of the State of Michigan, rel- H.R. 4706. A bill to amend the Internal Rev- United States requiring that the Federal ative to Senate Resolution No. 121, to memo- enue Code of 1986 to exclude from gross in- budget be balanced; to the Committee on the rialize the Congress of the United States to come certain interest and money market Judiciary. address freeze emergencies and their con- fund dividend income payments to charity By Mr. GOODLATTE (for himself, Mr. sequences by enacting legislation to define and to modify the requirements relating to BEYER, Mr. BRAT, Mrs. COMSTOCK, freeze emergencies as major disasters eligi- the reporting of such payments; to the Com- Mr. CONNOLLY, Mr. FORBES, Mr. GRIF- ble for federal disaster relief and emergency mittee on Ways and Means. FITH, Mr. HURT of Virginia, Mr. assistance; which was referred to the Com- By Mr. PRICE of North Carolina (for RIGELL, Mr. SCOTT of Virginia, and mittee on Transportation and Infrastruc- himself and Mr. ADERHOLT): Mr. WITTMAN): ture. H.R. 4707. A bill to provide housing oppor- H. Con. Res. 123. Concurrent resolution rec- f tunities for individuals living with HIV or ognizing the George C. Marshall Museum and CONSTITUTIONAL AUTHORITY AIDS, and for other purposes; to the Com- George C. Marshall Research Library in Lex- mittee on Financial Services. ington, Virginia, as the National George C. STATEMENT By Mr. REED (for himself and Ms. Marshall Museum and Library; to the Com- Pursuant to clause 7 of rule XII of ´ LINDA T. SANCHEZ of California): mittee on Education and the Workforce. the Rules of the House of Representa- H.R. 4708. A bill to amend the Internal Rev- By Mr. CROWLEY (for himself and Mr. enue Code of 1986 to provide a nonrefundable tives, the following statements are sub- CHABOT): credit for working family caregivers; to the mitted regarding the specific powers H. Res. 636. A resolution expressing the Committee on Ways and Means. granted to Congress in the Constitu- sense of the House of Representatives regard- By Miss RICE of New York: ing Burma’s 2015 elections; to the Committee tion to enact the accompanying bill or H.R. 4709. A bill to amend the CAN-SPAM on Foreign Affairs. joint resolution. Act of 2003 to require commercial email mes- By Mr. DELANEY (for himself, Mr. sages to include an option allowing recipi- By Mr. CAPUANO: BEN RAY LUJA´ N of New Mexico, Mr. H.R. 4677. ents to unsubscribe from any such future TED LIEU of California, Ms. DELBENE, Congress has the power to enact this legis- emails; to the Committee on Energy and Mr. POCAN, Mr. KENNEDY, Ms. CASTOR lation pursuant to the following: Commerce. of Florida, Ms. KUSTER, Mr. The Congress enacts this bill pursuant to By Mr. RUSSELL: Article I, Section 8, Clause I; and Article I, H.R. 4710. A bill to amend the Federal Crop SWALWELL of California, Mr. POLIS, Section 8, Clause 3 of the United States Con- Insurance Act to eliminate premium sub- Mr. TONKO, Mr. DAVID SCOTT of Geor- stitution. sidies for crop insurance for tobacco; to the gia, Mr. MOULTON, Mr. KEATING, Mr. By Mr. ROYCE: Committee on Agriculture. CONNOLLY, Mr. PETERS, Mr. LAN- H.R. 4678. By Ms. SPEIER (for herself, Mr. GEVIN, Mr. VARGAS, Mr. HUFFMAN, Mr. CROWLEY, Ms. LEE, Mr. HECK of Congress has the power to enact this legis- HUFFMAN, Mr. FARR, Ms. ESHOO, Mrs. Washington, Mr. MCDERMOTT, Ms. lation pursuant to the following: CAPPS, and Mr. THOMPSON of Cali- Article I, section 8 and Article IV, section fornia): CLARK of Massachusetts, Mr. 3 of the Constitution of the United States H.R. 4711. A bill to make funds available CA´ RDENAS, Mr. MCGOVERN, Ms. By Mr. DENT: for Dungeness crab and rock crab emergency CLARKE of New York, Mr. HONDA, Mr. H.R. 4679. disaster assistance, and for other purposes; SMITH of Washington, Mr. RYAN of Congress has the power to enact this legis- to the Committee on Appropriations. Ohio, Ms. MATSUI, Mr. ISRAEL, Ms. BORDALLO, Mr. WELCH, Mr. SAR- lation pursuant to the following: By Ms. SPEIER (for herself, Mr. Article I, Section 8 of the U.S. Constitu- WOODALL, Mr. QUIGLEY, Ms. CLARKE BANES, Ms. ESTY, Mr. BRENDAN F. BOYLE of Pennsylvania, Ms. NORTON, tion. of New York, Mr. BLUMENAUER, Ms. By Mr. BISHOP of Utah: LOFGREN, Mr. CONYERS, and Mr. CUM- Mr. KILMER, Mr. MEEKS, Mr. CARNEY, Ms. SLAUGHTER, Ms. ESHOO, Mr. H.R. 4680. MINGS): Congress has the power to enact this legis- HIMES, Ms. BONAMICI, Mrs. NAPOLI- H.R. 4712. A bill to direct the Secretary of lation pursuant to the following: TANO, Mr. QUIGLEY, Mr. BEYER, Ms. Homeland Security to provide for an option Article IV, Section 3 LOFGREN, Mr. RUPPERSBERGER, Mr. under the Secure Mail Initiative under which Article I, Section 8 CUMMINGS, Mr. VAN HOLLEN, Mr. a person to whom a document is sent under By Ms. DUCKWORTH: GRAYSON, Mr. CASTRO of Texas, Mr. that initiative may require that the United H.R. 4681. CICILLINE, Mr. SEAN PATRICK MALO- States Postal Service obtain a signature Congress has the power to enact this legis- NEY of New York, Mr. LYNCH, Mr. from that person in order to deliver the doc- lation pursuant to the following: KILDEE, Mr. BLUMENAUER, Mr. CAPU- ument, and for other purposes; to the Com- Clause 18, Section 8, Article 1 of the Con- ANO, Mr. BECERRA, Mrs. CAPPS, Mr. mittee on the Judiciary, and in addition to stitution of the United States LEVIN, Miss RICE of New York, Mr. the Committee on Oversight and Govern- By Ms. DUCKWORTH: ment Reform, for a period to be subsequently LARSEN of Washington, Mr. YARMUTH, H.R. 4682. determined by the Speaker, in each case for Mr. ELLISON, Ms. BROWNLEY of Cali- Congress has the power to enact this legis- consideration of such provisions as fall with- fornia, Mr. COURTNEY, Mr. LARSON of lation pursuant to the following: in the jurisdiction of the committee con- Connecticut, Mr. CLYBURN, Ms. JUDY Clause 18, Section 8, Article 1 of the Con- cerned. CHU of California, Ms. EDWARDS, Mr. stitution of the United States By Mr. YOUNG of Alaska (for himself CONYERS, Mr. NADLER, Mr. HIGGINS, By Mr. COFFMAN: and Mr. DEFAZIO): Mr. JOHNSON of Georgia, Mr. RUSH, H.R. 4683. H.R. 4713. A bill to amend the market Ms. PINGREE, Mr. LEWIS, Mr. SCHIFF, Congress has the power to enact this legis- name of genetically altered salmon in the Mr. SCOTT of Virginia, Mr. PAYNE, lation pursuant to the following: United States, and for other purposes; to the Mr. CARTWRIGHT, Ms. MICHELLE The constitutional authority of Congress Committee on Energy and Commerce. LUJAN GRISHAM of New Mexico, Mr. to enact this legislation is provided by Arti- By Mr. YOUNG of Indiana (for himself RANGEL, Mr. MURPHY of Florida, Mr. cle I, Section 8 of the United States Con- and Mr. PETERS): TAKANO, Mr. COHEN, Mr. GUTIE´ RREZ, stitution (Clauses 12, 13, 14, 16, and 18), which H.R. 4714. A bill to amend title XVIII of the Ms. HAHN, Mr. NEAL, Ms. MAXINE grants Congress the power to raise and sup- Social Security Act to ensure Medicare cov- WATERS of California, Mr. port an Army; to provide and maintain a erage of certain costs associated with FDA- DESAULNIER, Mr. SHERMAN, Ms. SCHA- Navy; to make rules for the government and approved clinical trials; to the Committee on KOWSKY, Ms. DELAURO, Ms. TSONGAS, regulation of the land and naval forces; to Ways and Means, and in addition to the Com- Mr. FOSTER, Mrs. BUSTOS, Ms. MENG, provide for organizing, arming, and dis- mittee on Energy and Commerce, for a pe- Mr. NOLAN, and Ms. VELA´ ZQUEZ): ciplining the militia; and to make all laws riod to be subsequently determined by the H. Res. 637. A resolution expressing the necessary and proper for carrying out the Speaker, in each case for consideration of sense of the House of Representatives that foregoing powers. such provisions as fall within the jurisdic- the United States should establish a national By Mr. COFFMAN: tion of the committee concerned. goal of more than 50 percent clean and car- H.R. 4684. By Mr. LOUDERMILK (for himself, Mr. bon free electricity by 2030 for the purposes Congress has the power to enact this legis- MULVANEY, Mr. SCHWEIKERT, Mr. of avoiding the worst impacts of climate lation pursuant to the following: GOWDY, Mrs. LUMMIS, Mr. SMITH of change, growing our economy, increasing our Article 1, Section 8 of the Constitution of Texas, Mr. BYRNE, Mr. RODNEY DAVIS shared prosperity, improving public health, the United States. of Illinois, Mr. WESTMORELAND, Mr. and preserving our national security; to the By Mr. MCCARTHY: WEBER of Texas, Mr. DESJARLAIS, Mr. Committee on Energy and Commerce. H.R. 4685.

VerDate Sep 11 2014 00:40 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\L03MR7.100 H03MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 3, 2016 CONGRESSIONAL RECORD — HOUSE H1145 Congress has the power to enact this legis- Clause 18 of section 8 of article 1 of the Congress has the power to enact this legis- lation pursuant to the following: Constitution, ‘‘To make all Laws which shall lation pursuant to the following: U.S. Constitution, Article IV, Section 3, be necessary and proper for carrying into Article I, section 8 of the Constitution of Clause 2 Execution the foregoing Powers, and all the United States, the general welfare U.S. Constitution, Article I, Section 8, other Powers, and all other Powers vested by clause. Clause 3 this Constitution in the Government of the By Mr. REED: By Mr. REICHERT: United States, or in any Department or Offi- H.R. 4708. H.R. 4686. cer thereof.’’ Congress has the power to enact this legis- Congress has the power to enact this legis- By Mr. KATKO: lation pursuant to the following: lation pursuant to the following: H.R. 4698. Clause 1 of Section 8 of Article I of the Article I, Section 8, Clause 18 of the United Congress has the power to enact this legis- United States Constitution and Amendment States Constitution lation pursuant to the following: XVI of the United States Constitution. By Mr. MULLIN: Article I, Section 8, Clause 3—To regulate By Miss RICE of New York: H.R. 4687. Commerce with foreign Nations, and among H.R. 4709. Congress has the power to enact this legis- the several States, and with the Indian Congress has the power to enact this legis- lation pursuant to the following: Tribes. lation pursuant to the following: Article I, section 8, clauses 1, 12, 13, and 14 Article I, Section 8, Clause 18—To make all Article I, Section 8, Clause 3 of the U.S. of the United States Constitution. Laws which shall be necessary and proper for Constitution: To regulate Commerce with By Mr. AMODEI: carrying into Execution the foregoing Pow- foreign Nations, and among the several H.R. 4688. ers, and all other Powers vested by this Con- States, and with the Indian Tribes Congress has the power to enact this legis- stitution in the Government of the United By Mr. RUSSELL: lation pursuant to the following: States, or in any Department or Officer H.R. 4710. Article 4, Section 3, Clause 2: The Congress thereof. Congress has the power to enact this legis- shall have Power to dispose of and make all By Mr. KATKO: lation pursuant to the following: needful Rules and Regulations respecting the H.R. 4699. Article 1, Section 8, Clause 3 Territory or other Property belonging to the Congress has the power to enact this legis- By Ms. SPEIER: United States; and nothing in this Constitu- lation pursuant to the following: H.R. 4711. tion shall be so construed as to Prejudice Article 1, Section 8, Clause 1 of the U.S. Congress has the power to enact this legis- any Claims of the United States, or of any Constitution: The Congress shall have the lation pursuant to the following: particular State. Power To lay and collect Taxes, Duties, Im- This bill is enacted pursuant to the power By Mr. BOUSTANY: posts and Excises, to pay the Debts and pro- granted to Congress under Article 1, Section H.R. 4689. vide for the common Defence and general Congress has the power to enact this legis- 8 of the United States Constitution. Welfare of the United States. lation pursuant to the following: By Ms. SPEIER: By Mr. KING of New York: Article 1, Section 8 of the United States H.R. 4712. H.R. 4700. Constitution Congress has the power to enact this legis- Congress has the power to enact this legis- By Mrs. BUSTOS: lation pursuant to the following: lation pursuant to the following: H.R. 4690. According to Article 1: Section 8: Clause Article I, Section 8, Clause 5 of the Con- Congress has the power to enact this legis- 18: of the United States Constitution, seen stitution lation pursuant to the following: below, this bill falls within the Constitu- Article I, Section 8 of the Constitution of By Ms. KUSTER: tional Authority of the United States Con- H.R. 4701. the United States gress. Congress has the power to enact this legis- By Mr. CARTWRIGHT: Article 1: Section 8: Clause 18: To make all H.R. 4691. lation pursuant to the following: Laws which shall be necessary and proper for Congress has the power to enact this legis- Article I, Section 8, Clause 1 (relating to carrying into Execution the foregoing Pow- lation pursuant to the following: the power to lay and collect taxes, duties, ers, and all other Powers vested by this Con- Article 1, Section 8 (relating to the power imposts and excises, to pay the debts and stitution in the Government of the United of Congress to lay and collect taxes, duties, provide for the common defense and general States, or in any Department or Officer imposts and excises, to pay the debts and welfare of the United States) of the United thereof. provide for the common defense and general States Constitution. By Mr. YOUNG of Alaska: welfare of the United States.) By Mr. LANCE: H.R. 4713. By Ms. CLARKE of New York: H.R. 4702. Congress has the power to enact this legis- H.R. 4692. Congress has the power to enact this legis- lation pursuant to the following: Congress has the power to enact this legis- lation pursuant to the following: Article 1, Section 8, Clause 3. lation pursuant to the following: Article I, Sec 8, Clause 18, of the United By Mr. YOUNG of Indiana: Congress has the power to enact this legis- States Constitution Which states: Congress H.R. 4714. lation pursuant to the power granted to Con- shall have power . . . to make all laws which Congress has the power to enact this legis- gress under Article I of the United States shall be necessary and proper for carrying in lation pursuant to the following: Constitution and its subsequent amend- execution the foregoing powers, and all other Article I, Section 8, Clause 1 of the United ments, and further clarified and interpreted powers vested by this Constitution in the States Constitution, to ‘‘provide for the com- by the Supreme Court of the United States. government of the United States, or in any mon Defence and general Welfare of the By Ms. DELAURO: other department or officer thereof. United States.’’ H.R. 4693. By Mr. LUETKEMEYER: By Mr. LOUDERMILK: H.R. 4703. Congress has the power to enact this legis- H.J. Res. 85. Congress has the power to enact this legis- lation pursuant to the following: Congress has the power to enact this legis- lation pursuant to the following: Article I, Section 8, Clause 1 and the Six- lation pursuant to the following: Article 1 Section 8 of the U.S. constitution. teenth Amendment of the United States Con- Article V of the Constitution, which grants Specifically Clause 3 which gives Congress stitution. Congress the power to propose amendments the authority to Regulate Commerce. By Mr. ELLISON: to the Constitution when two-thirds of both By Mr. MCKINLEY: H.R. 4694. chambers shall deem it necessary. Congress has the power to enact this legis- H.R. 4704. lation pursuant to the following: Congress has the power to enact this legis- f Congress has the power to enact this legis- lation pursuant to the following: lation pursuant to Article I, Section 8, According to Article I, Section 8 of the ADDITIONAL SPONSORS Clause 1, Clause 3 and Clause 18. U.S. Constitution. Under clause 7 of rule XII, sponsors By Mr. ENGEL: By Mr. MURPHY of Florida: were added to public bills and resolu- H.R. 4705. H.R. 4695. tions, as follows: Congress has the power to enact this legis- Congress has the power to enact this legis- lation pursuant to the following: lation pursuant to the following: H.R. 24: Mr. GUINTA. Article 1, Section 1 of the Constitution. Article 1, Section 8, Clause 1 of the United H.R. 27: Mr. SANFORD. By Ms. ESHOO: States Constitution. H.R. 169: Mr. BEN RAY LUJA´ N of New Mex- H.R. 4696. By Mr. PAULSEN: ico. Congress has the power to enact this legis- H.R. 4706. H.R. 239: Mr. BRENDAN F. BOYLE of Penn- lation pursuant to the following: Congress has the power to enact this legis- sylvania. Article 1, Section 8, Clause 1 lation pursuant to the following: H.R. 267: Mr. DUNCAN of Tennessee. By Ms. ESTY: Article I, Section 8, Clause 1 of the United H.R. 288: Mr. MICA. H.R. 4697. States Constitution. H.R. 297: Mr. CARTWRIGHT, Mr. LIPINSKI, Congress has the power to enact this legis- By Mr. PRICE of North Carolina: Mr. FOSTER, Mr. RUIZ, Mr. PASCRELL, Ms. lation pursuant to the following: H.R. 4707. MCCOLLUM, and Ms. KAPTUR.

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H.R. 314: Mr. YOUNG of Alaska. H.R. 3179: Mr. BLUMENAUER. H.R. 4420: Mr. POE of Texas. H.R. 448: Mr. MOULTON. H.R. 3185: Ms. ADAMS and Ms. GRAHAM. H.R. 4430: Mr. POCAN. H.R. 491: Mr. LYNCH. H.R. 3222: Mr. FLORES. H.R. 4442: Mr. ASHFORD. H.R. 546: Mr. COOK. H.R. 3235: Mr. FARR. H.R. 4474: Mr. SENSENBRENNER and Mrs. H.R. 605: Mr. ROHRABACHER and Mr. LAN- H.R. 3268: Mr. KIND and Ms. STEFANIK. LUMMIS. GEVIN. H.R. 3299: Mr. CRENSHAW, Mr. OLSON, and H.R. 654: Mr. DUFFY. Mr. DAVID SCOTT of Georgia. H.R. 4479: Ms. WASSERMAN SCHULTZ. H.R. 662: Mr. RODNEY DAVIS of Illinois. H.R. 3326: Mr. COURTNEY. H.R. 4480: Mr. TED LIEU of California. H.R. 664: Mr. NEAL, Mr. CLAY, Mr. CONYERS, H.R. 3514: Mr. COHEN, Mr. SARBANES, and H.R. 4491: Mr. SERRANO. Mr. FATTAH, Ms. EDDIE BERNICE JOHNSON of Ms. ESTY. H.R. 4500: Mr. POLIQUIN. Texas, and Mr. MEEKS. H.R. 3580: Mrs. BEATTY. H.R. 4522: Mr. DIAZ-BALART. H.R. 815: Ms. JENKINS of Kansas. H.R. 3860: Mr. POSEY. H.R. 4524: Mr. ASHFORD and Ms. DELAURO. H.R. 865: Mr. SHIMKUS. H.R. 3862: Mr. KENNEDY. H.R. 4526: Mr. DIAZ-BALART. H.R. 1151: Mr. HARRIS. H.R. 3917: Mr. SMITH of New Jersey and Mr. H.R. 1185: Mr. DUNCAN of Tennessee, Mr. THOMPSON of Pennsylvania. H.R. 4570: Mrs. CAROLYN B. MALONEY of COLLINS of New York, Mr. BILIRAKIS, Mr. H.R. 3929: Mr. EMMER of Minnesota, Mr. New York. WALBERG, Ms. PINGREE, and Ms. MENG. DEFAZIO, Mrs. BEATTY, Mr. WELCH, Mr. H.R. 4592: Mrs. CAROLYN B. MALONEY of H.R. 1220: Mr. KNIGHT, Ms. FRANKEL of ABRAHAM, Mr. BRAT, Mr. CLAY, Mr. MCCAUL, New York, Ms. PINGREE, Mr. TIBERI, Ms. Florida, and Mr. SMITH of Missouri. Mr. LUETKEMEYER, Mr. STIVERS, Mr. BEYER, ESTY, Mr. CICILLINE, and Mr. KELLY of Penn- ´ H.R. 1260: Ms. VELAZQUEZ. Mr. FORTENBERRY, Mr. GRAVES of Georgia, sylvania. H.R. 1342: Mr. PAYNE. Mr. WILSON of South Carolina, Mr. KELLY of H.R. 4599: Mr. LYNCH. H.R. 1399: Mr. FORBES and Mrs. CAPPS. Pennsylvania, and Mr. BABIN. H.R. 4600: Mr. TAKANO. H.R. 1457: Mr. CA´ RDENAS. H.R. 3970: Mr. WELCH and Mr. NOLAN. H.R. 1523: Mr. MARCHANT. H.R. 4614: Mr. WOMACK. H.R. 3985: Mr. ROSS. H.R. 1567: Mr. WOMACK. H.R. 4622: Mrs. WAGNER, Mr. KELLY of Mis- H.R. 4027: Ms. MATSUI. H.R. 1717: Mr. ASHFORD, Mr. ZELDIN, and sissippi, and Mr. PALAZZO. H.R. 4095: Mr. GRAYSON. Mrs. BROOKS of Indiana. H.R. 4625: Mr. TONKO. H.R. 4167: Mr. DESJARLAIS, Mr. CRAMER, H.R. 2124: Mr. TAKAI, Mr. LANCE, Mrs. H.R. 4633: Mr. JOHNSON of Ohio. and Mr. WILLIAMS. DAVIS of California, and Ms. SINEMA. H.R. 4209: Mr. MCGOVERN and Mr. HECK of H.R. 4641: Mr. OLSON. H.R. 2400: Mr. BLUM. Washington. H.R. 4653: Mr. BLUMENAUER. H.R. 2404: Mr. BOUSTANY. H.R. 4219: Mr. ROYCE. H.R. 4654: Mr. CICILLINE and Ms. CLARKE of H.R. 2411: Mr. BLUMENAUER. OMSTOCK H.R. 2430: Ms. BONAMICI and Ms. H.R. 4229: Mrs. C . New York. H.R. 4293: Mr. ALLEN, Mr. BARLETTA, and VELA´ ZQUEZ. H.R. 4657: Mr. MCDERMOTT. H.R. 2434: Mr. FORTENBERRY and Mr. Mr. MARCHANT. H. Con. Res. 89: Mr. LUETKEMEYER and Mr. H.R. 4352: Mr. KENNEDY, Mr. VALADAO, and MARCHANT. YOUNG of Indiana. Mr. FRELINGHUYSEN. H.R. 2460: Ms. STEFANIK. H. Res. 33: Ms. MENG. H.R. 4371: Mr. LABRADOR. H.R. 2737: Mr. PETERSON. H. Res. 393: Mr. BEYER and Mr. LOWENTHAL. H.R. 2773: Ms. SINEMA. H.R. 4376: Ms. KAPTUR, Mr. COHEN, Mr. MCDERMOTT, Mr. DANNY K. DAVIS of Illinois, H. Res. 451: Mr. PALAZZO and Mr. WEBER of H.R. 2799: Mr. SHIMKUS. Texas. H.R. 2800: Ms. STEFANIK. Mr. CONYERS, Mr. NADLER, Ms. ADAMS, Ms. H. Res. 501: Ms. PINGREE and Ms. LOFGREN. H.R. 2811: Mr. DEFAZIO. MOORE, Mr. POLIS, Mrs. WATSON COLEMAN, H.R. 2849: Mr. COHEN. Ms. SCHAKOWSKY, Mr. BRADY of Pennsyl- H. Res. 552: Mrs. CAROLYN B. MALONEY of H.R. 2939: Mr. HIMES. vania, Ms. PINGREE, and Ms. WILSON of Flor- New York. H.R. 3092: Ms. MOORE. ida. H. Res. 591: Mr. RIBBLE, Mr. ROGERS of Ala- H.R. 3119: Mr. MURPHY of Pennsylvania and H.R. 4386: Mr. KENNEDY and Mr. BLU- bama, Mr. GIBSON, Mr. HANNA, and Mr. Mr. TED LIEU of California. MENAUER. TONKO.

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Vol. 162 WASHINGTON, THURSDAY, MARCH 3, 2016 No. 35 Senate The Senate met at 9:30 a.m. and was ing prescription opioid and heroin epi- responder grants, the group says CARA called to order by the President pro demic. can give them a ‘‘stronger foundation tempore (Mr. HATCH). As we have worked through debate to move from training to action.’’ f on this legislation, we have heard nu- Prescription drug monitoring pro- merous stories from across our Nation grams are also instrumental in saving PRAYER about the toll this crisis is taking on lives, and I have been a strong sup- The Chaplain, Dr. Barry C. Black, of- Americans. Today, I want to take a porter of Kentucky’s own program, fered the following prayer: moment to address the difference called KASPER. Just last fall, I re- Let us pray. CARA can make in my home State of ceived confirmation from the CDC that O God, You are the strength of our Kentucky, which has been among the the Kentucky Injury Prevention and lives. Use us to tell of Your wondrous hardest hit by this epidemic. Research Center had been awarded works, inspiring others to glorify Your More people are dying from drug funds to combat the prescription drug Name in the Earth. Help us to depend overdoses than car crashes in the Com- and heroin epidemic in Kentucky. on You in the welter and variety of monwealth, and that is largely due to These funds are being used to improve events we encounter each day. May we prescription opioids and heroin. We KASPER, as well as target interven- trust You to supply all of our needs, re- know education and prevention pro- tions in counties such as Jefferson, sponding with gratitude to Your gen- grams can help reduce the number of Fayette, Boone, Kenton, and Camp- erous mercies. people who experience drug addiction bell—counties that have seen some of Today, give our Senators an eternal and overdose. One program I have been the highest rates of overdose deaths in perspective on the myriad issues they proud to support is the Drug-Free Com- the Commonwealth. The bill we are face. Infuse their hearts with faith, munity Program, which provides fund- considering today also places an em- sharpen their minds with truth, and ing to local communities so they can phasis on prescription drug monitoring renew their spirits with courage. Bless promote education and awareness programs and will strengthen efforts the members of their staff who sac- about the dangers of substance abuse. already in place. rifice so much for freedom’s cause. I wrote letters of support on behalf of Perhaps one of the most heart- We pray in Your great Name. Amen. Oldham and Carter Counties, which breaking aspects of this epidemic is its f have both received drug-free commu- effect on newborns. Just last year, I nity grants. This funding helps them sponsored the Protecting Our Infants PLEDGE OF ALLEGIANCE train community members, parents, Act to address this specific issue and The President pro tempore led the and school officials in preventing was proud to see it become law. Our Pledge of Allegiance, as follows: youth substance abuse. work to protect these fragile lives con- I pledge allegiance to the Flag of the There are other programs in CARA tinues with the legislation we have be- United States of America, and to the Repub- that can help build on these efforts fore us today. CARA would improve lic for which it stands, one nation under God, through community-based coalition treatment for both pregnant and indivisible, with liberty and justice for all. grants that address local drug crises. postpartum women by reauthorizing an f Education is incredibly important, and existing grant program. It would also it is great to see what we are achieving authorize a pilot program to enhance RECOGNITION OF THE MAJORITY on that front. But for Kentuckians and treatment options for this specific pop- LEADER Americans currently struggling with ulation. The PRESIDING OFFICER (Mr. addiction, the cycle can be very dif- CARA can make positive strides in HELLER). The majority leader is recog- ficult to break. terms of keeping communities safe, nized. We have seen a staggering number of too. It would bolster the efforts of law f people lose their lives to overdose, and enforcement through the authorization we know more must be done to stop of grant programs for collaborative in- COMPREHENSIVE ADDICTION AND that terrible trend. Fortunately, vestigative units. What that means is RECOVERY BILL groups like the Harm Reduction Coali- Kentucky’s outstanding drug task Mr. MCCONNELL. Mr. President, tion are providing overdose prevention forces stand to benefit when it comes today we have an opportunity to take and naloxone training for drug treat- to investigating illegal trafficking and another step forward on the Com- ment programs, recovery advocates, distribution of heroin, fentanyl, and prehensive Addiction and Recovery and health departments across Ken- prescription opioids. I have strongly Act, or CARA, a critically important tucky and several other States. supported each of these efforts to in- and bipartisan bill to address the grow- Through State demonstration and first tensify the Commonwealth’s fight

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S1243

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VerDate Sep 11 2014 23:53 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.000 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1244 CONGRESSIONAL RECORD — SENATE March 3, 2016 against our prescription opioid and time, shouldn’t worry at all about my tive, and thorough. These are the words heroin crisis. not being recorded on that vote. the senior Senator from Iowa, Mr. So because of efforts like those I So calm down, everybody. I don’t GRASSLEY, once used to describe the mentioned—to strengthen education care. You shouldn’t care. way Supreme Court nominations and treatment programs, to improve f should be considered by the Senate— prescription drug monitoring tools, and fair, respectful, deliberative, and thor- COMPREHENSIVE ADDICTION AND to enhance law enforcement efforts— ough. RECOVERY BILL differences are already being made in In June 2010, he said something more: the lives of many Kentuckians. With Mr. REID. Mr. President, I have I have always been of the opinion that the the passage of CARA, we can build heard my friend the Republican leader Senate needs to conduct a comprehensive upon these and other initiatives that the last couple of days talking about and careful review of Supreme Court nomi- what a good bill we have here. He is nees. It is important that the nominee be can help shore up the fight against pre- given a fair, respectful, and also deliberative scription opioid and heroin addiction. right. It is something that is important hearing. Kim Moser, Director of the Northern to do. We have this opioid problem That same month, in June 2010, he Kentucky Office of Drug Control Pol- sweeping the Nation. It is in Nevada, as also said: well as in all other States. All the icy, says CARA will ‘‘address the grow- I am committed to ensuring that this proc- ing needs’’ of Kentucky communities other 49 States have the problem. So I ess is fair and respectful but also thorough. and ‘‘expand treatment resources for understand the importance of this leg- The Constitution tasks our Senate with con- those suffering.’’ She goes on to say islation. I only wish the Republicans ducting a comprehensive review of the nomi- that CARA ‘‘will allow individuals, had joined with us yesterday in voting nee’s record and qualifications. families and communities to heal from for the Shaheen amendment, which Fair, respectful, deliberative, and this scourge.’’ would have provided real money to thorough. I don’t think refusing to I want to thank Senator GRASSLEY, meet the requirements of this legisla- meet with a nominee, refusing to hold the chairman of the Judiciary Com- tion, if it passes. a hearing of a nominee, refusing to mittee, for working with Senators to I also know my friend keeps talking vote on a nominee is fair, respectful, move this bill by voice vote in a timely about the money we have already ap- deliberative, and certainly not thor- manner, and I want to also acknowl- propriated. We did it because there was ough. edge Senator PORTMAN and Senator an emergency then, and there is one He was not yet chairman of the Judi- AYOTTE for their responsiveness to this now. The programs we have appro- ciary Committee when the senior Sen- urgent problem and for their dedica- priated money for are totally separate ator from Iowa made those comments. tion to advancing the bipartisan bill and apart from this legislation. That is As I have noted, he has said on more that is before us now. why Senator SHAHEEN offered her than one occasion that the Constitu- Remember, although this is an au- amendment. It was emergency funding tion tasks our Senate with conducting thorization bill, Congress has already that we badly need. So it is too bad my a ‘‘comprehensive review of the nomi- appropriated $400 million—funds that friends on the other side of the aisle nee’s record and qualifications.’’ He made those statements when he wasn’t are still available today—for opioid- are talking about taking money from chairman of the committee. He is now specific programs. We will have more other programs and funding this pro- chairman of the committee—the com- opportunities for funding through the gram. That isn’t how it should be. mittee he has served on for decades. next appropriations process, but it is This is a scourge sweeping the coun- Now his response for the Senate’s con- important we act on this legislation try. We have programs in this new leg- islation that need to be funded, other- sideration of Supreme Court nomina- right now. tions sets the standard. He runs that wise it won’t have any meaning what- CARA will bring us closer to ending a big and powerful committee, and he soever to the problem we are facing in national epidemic. It will help lift com- has chosen an approach that could not the country. munities like those in Kentucky out of be further from the fair, respectful, de- A number of Democrats have also the throes of prescription opioids and liberative, and thorough that he has tried to offer amendments. To this heroin addiction. It will help save urged on more than one occasion. lives. point, they have been able to offer one Instead of exercising his once-re- I look forward to joining my col- amendment and vote on one amend- spected independence, my friend the leagues on both sides of the aisle to ment. We have had more than 60 senior Senator from Iowa is taking his support this important legislation. amendments filed over here. I know we marching orders from the Republican f are not going to have the ability to de- leader and refusing to give President bate and vote on 60 amendments, but Obama’s Supreme Court nominee a RECOGNITION OF THE MINORITY my friend the Republican leader has LEADER meeting, a hearing, or a vote. been out here boasting time and again Within an hour after Justice Scalia’s The PRESIDING OFFICER. The about this robust amendment process, death was announced, the Republican Democratic leader is recognized. and it is only talk. We haven’t had a leader hijacked the Supreme Court f robust amendment process. nomination process in the Senate by I wouldn’t think robust would mean VOTE EXPLANATION declaring that the Republicans would having seven or eight amendments. We not consider the President’s nominee. Mr. REID. Mr. President, as Sen- would accept a new definition of ro- Then the Republican leader decided ators, we pride ourselves in making bust, I guess, if we got to offer a few to seize control of the Judiciary Com- sure that we vote when we are required amendments, but we should be able to mittee—I don’t know if he twisted to vote, and we are always very aware offer amendments on this legislation. arms, but that certainly conveys the of when the votes occur and what hap- So I hope the Senate will be able to message I want to convey—twisting pens with the votes. I missed a vote have a full and open amendment proc- the arms of the senior Senator from yesterday at 4 o’clock. ess on this legislation. If not, we may Iowa and his committee members to My staff has told me the clerks here not be able to proceed to vote on this get them to forfeit their independence are concerned that they did something legislation, and it would be too bad. and fall in line. Behind closed doors, wrong. I missed the vote. It was my Even though the legislation is not the Republican leader compelled the 11 fault. It was no one’s fault but my own. funded properly, we should pass it. We Republicans who make up the majority I had a doctor’s appointment at 4:30, are not going to pass it if we get of the committee on the Judiciary to and I got here too late. jammed, and that is what is happening. sign a loyalty oath. This loyalty oath, So everyone should understand that I f which abdicated the role of this once- have missed other votes, and I have al- dignified committee, took the form of ready announced how I would have FILLING THE SUPREME COURT a letter promising to follow the Repub- voted had I voted, and it wouldn’t have VACANCY lican leader’s demands and block con- changed the outcome of the vote. So all Mr. REID. Mr. President, listen to sideration of President Obama’s Su- the clerks, who serve us so well all the these words: fair, respectful, delibera- preme Court nominee.

VerDate Sep 11 2014 23:53 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.001 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 3, 2016 CONGRESSIONAL RECORD — SENATE S1245 Earlier this week, the Senator from all men—to decide on behalf of 100 Sen- The legislative clerk read as follows: Iowa, Mr. GRASSLEY, discussed the ators and 300 million Americans that A bill (S. 524) to authorize the Attorney arm-twisting that took place. During they will not even meet with or hold a General to award grants to address the na- an interview on Tuesday on an NBC af- hearing or vote on the Supreme Court tional epidemics of prescription opioid abuse filiate in Iowa, he was asked whether nominee is certainly not regular order. and heroin use. undue influence had been exerted by This is about as irregular order as you Pending: Republican leadership. This is what he can have. Given the opportunity to pre- Grassley amendment No. 3378, in the na- said: ‘‘Some had reluctance, but all side over a fair process, the chairman ture of a substitute. signed.’’ Again, ‘‘Some had reluctance, chose blind obedience to his party lead- Grassley (for Donnelly/Capito) modified but all signed’’ on when asked whether ers instead. Nothing the Judiciary amendment No. 3374 (to amendment No. undue influence had been exerted by Committee chairman has done in the 3378), to provide follow-up services to indi- viduals who have received opioid overdose Republican leadership. wake of this Supreme Court vacancy reversal drugs. I don’t blame Senator GRASSLEY’s can be identified as regular order. It is The PRESIDING OFFICER. The Sen- colleagues for their reluctance. The Ju- about as irregular order as you can ator from Illinois. diciary Committee once had a proud have. history of independence. This com- Working behind closed doors is be- FILLING THE SUPREME COURT VACANCY mittee is 200 years old and is one of 11 coming the theme for Senator GRASS- Mr. DURBIN. Mr. President, the year committees that were formed when LEY and the Judiciary Committee. He was 1936. President Franklin Roosevelt this body came into being. So their re- sought to move a committee markup had just been reelected with an over- luctance is understandable. It is under- scheduled for today—a meeting that whelming majority, and he decided he standable that the Republican mem- normally takes place in the full view of had had enough of the U.S. Supreme bers don’t want to abdicate their inde- the public—behind closed doors. Every- Court. They had been striking down pendence. I don’t blame those Senators one, think about that. This hearing has some key pieces of legislation in his for being reluctant to follow the Re- been scheduled for a long time, but the New Deal package. So he came up with publican leader’s orders for refusal to Republican leader wants to do it se- a bold plan in February of 1937. That do their jobs. I don’t blame them for cretly. When Democrats objected, the bold plan was to add enough new Jus- their reluctance to banish the inde- chairman postponed the meeting alto- tices to the Supreme Court to tip the pendence of the Judiciary Committee’s gether. No public hearing, a closed door balance his way. past, ensuring that this once powerful, hearing, Democrats objected, so he just He presented this plan to change the independent, strong committee’s rep- canceled the meeting. This isn’t trans- Supreme Court for his political pur- utation is now nothing but a memory. parency; this is obstruction and chaos. poses to a Democratic Congress and a I wish the Judiciary Committee Re- Even Republicans agree—or at least Democratic U.S. Senate, believing, publicans had been a bit more reluc- some of them. Last week, the junior with his big reelection majority and tant to sign on to the McConnell- Senator from West Virginia said: the fact that most of the Members of Grassley letter, a pledge not to do their Do I worry that this would make the Sen- Congress had supported his New Deal jobs. It appears most voters also think ate look dysfunctional? That’s a slight worry agenda, that they would stand by him they should not have signed the letter. for me. when it came to changing the Supreme According to a new CNN poll that came It may be a slight worry for the Sen- Court so that it would start ruling his out last night, two-thirds of Repub- ator from West Virginia, but it is a way. He was wrong. What happened licans want hearings on the President’s huge worry for the American people. then was that Members of the Senate Supreme Court nominee—almost 70 Again: decided to stand up to their President percent. Senate Republicans’ pledge to Do I worry that this would make the Sen- and to stand up for the Constitution. obstruct doesn’t make sense to the Re- ate look dysfunctional? That’s a slight worry A little-known Senator from Arizona, publicans’ own base. for me. Henry Ashurst, was the chairman of The senior Senator from Iowa’s blind Well, it may be a slight worry for the the Senate Judiciary Committee. He adherence to the dictates of leadership Senator from West Virginia, but it is deliberately delayed the FDR Court- doesn’t stop there. The chairman of the not a slight worry for the American packing proposal to a point where, Judiciary Committee was too timid to people. It is a big, huge worry for the when it was finally called, it was over- even meet with President Obama with- people of West Virginia. whelmingly defeated. out the Republican leader’s consent. He The good news is that this can all be Think about that in the context of refused to go to the White House with- remedied very quickly. All my friend our current debate about filling this out the Republican leader by his side. from Iowa needs to do is use the au- Supreme Court vacancy created by the When we all finally did meet with thority he has as the Judiciary Com- untimely death of Justice Scalia. In President Obama on Tuesday—the Re- mittee chair and give the President’s that case, in 1937, the Senate Judiciary publican leader, Democratic leader, nominee a meeting and a hearing. This Committee and its chairman stood up chairman of the Judiciary Committee, would be what Iowa deserves and what for the Constitution first, over and and ranking member of the Judiciary this country deserves. All he needs to above even the President of their own Committee—at that meeting, the do is live up to his own words and be political party. This was a popular chairman wouldn’t commit to meeting ‘‘fair,’’ ‘‘respectful,’’ ‘‘deliberative,’’ President; yet they believed the Con- the nominee or holding hearings. He and ‘‘thorough.’’ Simply put, he needs stitution was more important than any wouldn’t do that. He wouldn’t give the to stop blindly following the Repub- political issue when it came to the New nominee a vote. That is what he told lican leader and just do his job. Deal. the President. Would the Chair announce the busi- So where are we today? We are in a This is not what Senator GRASSLEY ness of the day. situation where we have a vacancy on the Supreme Court. The Court still advocated before his party assumed the f majority. Back in January 2015, on the continues to hear cases of great his- Senate floor, the Senator from Iowa RESERVATION OF LEADER TIME toric moment—yesterday, the case in- said: The PRESIDING OFFICER. Under volving abortion and I am sure, in We must get back to what we in the Senate the previous order, the leadership time weeks ahead, even more controversial call regular order. I would say do things the is reserved. issues. It is a Court that is at least lim- way Madison intended. f ited by the fact that there are only Everything the chairman has done eight Justices. In many instances, this since assuming the role runs counter to COMPREHENSIVE ADDICTION AND Court is likely to end up with a tie—a those words and what Madison in- RECOVERY ACT OF 2015 decision which doesn’t decide the law tended and obviously what the senior The PRESIDING OFFICER. Under but leaves it still unresolved. Senator from Iowa had intended. the previous order, the Senate will re- So what is our responsibility as this Allowing 11 Republican members of sume consideration of S. 524, which the Senate at this time as we reflect on the the Judiciary Committee—and they are clerk will report. Senate of 1937? Well, we only have to

VerDate Sep 11 2014 03:00 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.003 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1246 CONGRESSIONAL RECORD — SENATE March 3, 2016 turn to the U.S. Constitution—the Con- United States—not for 3 years, not for Does the Senator recall that at that stitution which each of us, each and 3 years and 2 months, but for 4 years. time the Republican leader of the Sen- every one of us as Senators, Demo- And to argue that he is somehow now ate, Senator Lott, even read that letter cratic and Republican, stood in the unable, unwilling, or cannot be called into the RECORD to say that this is the well and swore to uphold. on to exercise his Presidential author- way the Senate should operate? The second article in this Constitu- ity flies in the face of reality—a reality Mr. DURBIN. I do remember that. tion relates to the powers of the Presi- which most Republicans will readily Mr. LEAHY. I appreciate that. dency. In this book, it is only three concede, at least in private. The PRESIDING OFFICER (Mr. pages, but the people who wrote the The Republicans think they are win- TILLIS). The Senator from Iowa. Constitution, our Founding Fathers, ning this debate. I think they are los- Mr. GRASSLEY. Mr. President, I tried to put in those three pages the ing. They think their ‘‘let the people come to the floor this morning because critically important elements to make decide’’ approach to this is really car- of the important subject that is before sure that our democracy would con- rying the day. I think our approach to us, the bill that deals with the opioid tinue. They tried to envision the possi- this—saying to our Republican col- epidemic, the follow-on heroin prob- bilities and to authorize branches of leagues: Do your job—is carrying the lem, a bill that was reported out of government to do certain things. day. committee unanimously, a very impor- In article II, section 2, when it comes How is this playing in Peoria, IL? I tant piece of legislation. Right now we to the powers of the President, it says: want to read from an editorial of the have unfortunate political gamesman- he shall nominate, and by and with the Ad- February 28 edition of the Peoria Jour- ship that has overtaken some of my vice and Consent of the Senate, shall appoint nal-Star: Democratic colleagues at the very . . . Judges of the supreme Court. The most worthless Congress in same time that everybody on the Judi- Did it say he may appoint? No. The memory became more so last week, ciary Committee knows we need to language is explicit. He shall appoint, with Senate Republicans doubling pass the Comprehensive Addiction and and with the advice and consent of the down on their decision not to even hold Recovery Act that goes by the acro- Senate, shall fill the vacancies on the hearings for any Obama nominee to the nym CARA for short. Supreme Court. U.S. Supreme Court to fill the Scalia It happens, though, that the opioid So what faces us today? An an- vacancy. epidemic is not a political game. It is a nouncement by the Republican leader- They went on to say: real problem out there. A massive ship, Senator MCCONNELL, within hours Even as awful as Congress is, it’s not often hearing we had in committee dem- of the announcement of the death of that its members combine dereliction of con- onstrates that. I am very proud the Justice Scalia, that for the first time stitutional duty—(see Article II, Section 2)— Senate has taken up the CARA bill, in the history of the United States with political cravenness (the aversion to after this public health crisis festered Senate, for the first time in our Na- tough decisions in an election year) in one for so long while the Senate was con- tion’s history, the Republicans have fell swoop, but so Senate Republicans have trolled by the Democrats. announced that they will not only here. Not only have they unconstitutionally For example, tragically heroin over- changed a president’s term from four to dose deaths more than tripled from 2010 refuse to fill this vacancy, they will three years, not only are they renouncing not even allow a hearing on a Presi- their ‘‘advice and consent’’ role, not only are to 2014. All the while, the Democratic dential nominee. And Senator MCCON- they effectively suggesting the Constitution leadership simply did not make it a NELL went a step further and said he be amended to popularly elect Supreme priority to move a bill like CARA. It is will not even meet with a nominee of- Court justices, but even more lame are the a bipartisan bill that addresses the fered by the President to fill this va- lengths Republicans went to in order to ra- public health crisis of heroin and pre- cancy. That is a clear violation of the tionalize their decision. scription opioid abuse. constitutional responsibility which No more excuses. The Senate Judici- Through the hard work of many on this Senate has. The Constitution ary Committee and the Senate should both sides of the aisle because it is a doesn’t require us to approve any do their job. When the President sub- bipartisan bill, as I said, it passed out nominee, no; it is advise and consent, mits a nominee, we should give that of our committee—and you can’t say so not consent only. We can certainly nominee a fair and thorough hearing— often—unanimously. Everybody at the vote no if we feel that vote is war- a fair, respectful, and thorough hear- grassroots level of America thinks ev- ranted. But the Constitution is very ing, as one Republican said over and erything here is always partisan be- clear that we can’t walk away from our over again—in full view of the Amer- tween Republicans and Democrats—not constitutional responsibility when it ican people and then vote. when it comes to the opioid issue or a comes to a vacancy on the Supreme A fair warning to my Senate Repub- lot of other issues. This bill came out Court. licans. They said the American people of committee unanimously, and we If the Senate Republicans have their should decide. They will decide—they ought to get it to the House of Rep- way, this vacancy on the Supreme will decide in November that the Re- resentatives as fast as we can and to Court will continue on until the next publicans in the Senate should do their the President. Just a few weeks after it calendar year. It will be the longest va- job. came out of committee, here we are cancy on the Supreme Court since the I yield the floor. working on it with an opportunity to Civil War, when this Nation was torn Mr. LEAHY. Mr. President, will the pass it. apart. If there was any excuse in those Senator yield for a question? This reflects the Senate working in a days for not filling the vacancy, there Mr. DURBIN. I will be happy to yield. very constructive, bipartisan way on is no excuse today. Mr. LEAHY. Mr. President, the Sen- behalf of the American people and the There is the argument made: Let the ator may well recall—he was here when people who are addicted to heroin and people decide. Let the people decide in I was chairman of the Judiciary Com- opioids. This is very much unlike the the next election who the next Su- mittee in 2001 during President Bush’s way the Senate acted when the Demo- preme Court Justice will be. But that administration, the ranking member crats controlled it. This issue was not ignores the obvious: There is a sitting was then Senator HATCH—we put to- brought up. For political reasons, that President, elected for 4 years, with the gether an agreement about how the is not a narrative some Democrats constitutional authority every Presi- committee would consider Supreme want the American people to hear, and dent has, and one of those authorities Court nominees. We wrote: The Judici- so we are having this game today. is to fill this vacancy on the Supreme ary Committee’s traditional practice Yesterday, there was a manufactured Court. has been to report Supreme Court controversy over the amount of fund- They argue: Well, the people will de- nominees to the Senate once the com- ing. Of course, the opioid crisis de- cide in November what will happen mittee has completed its consider- mands resources, and significant re- next year. I might remind them that ation. This has been true even in cases sources are being directed to it, both the people decided in the year 2012 by a where Supreme Court nominees were by the Appropriations Committee and margin of 5 million votes that Barack opposed by a majority of the Judiciary the programs laid out in this bill before Obama would be President of the Committee. us right now. In fact, according to the

VerDate Sep 11 2014 23:53 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.005 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 3, 2016 CONGRESSIONAL RECORD — SENATE S1247 Office of National Drug Control Policy, this morning, I want you to know I am It is important to have such meet- the Appropriations Act passed in De- going to be on the Senate floor trying ings open, for the press and anybody cember provides more than $400 million to get this very important opioid ad- who wants to come in. It is unfortunate in funding specifically to address the diction bill—heroin addiction bill— that we have had—with the Supreme opioid epidemic. This is an increase of passed, and I will be thinking about so Court vacancy—there has been a more than $100 million over the pre- many people CARA will help once this closed-door, back-room meeting. That vious year. None of that money has bill is signed by the President. is when a small handful of Republican been spent yet. All of that money is At our Judiciary Committee hearing Senators decided, with the Republican still available today. we had on this very important prob- leader, to say the President should not This bill authorizes so many activi- lem, we heard from Nick Willard, chief follow his constitutional duty and ties to combat the crisis, but it was of the Manchester New Hampshire Po- nominate a Supreme Court nominee, never intended to appropriate funding. lice Department. His officers will ben- and, in an unprecedented fashion, the That is what we have Appropriations efit from the training the bill author- Senate Judiciary Committee would not Committees for. That is why we have izes to use naloxone, a drug that can follow its constitutional obligation of an appropriations process. Through the save lives after an overdose. advice and consent. appropriations process, we can evalu- At that hearing, we also heard from In that small closed-door meeting, it ate competing priories, evaluate trade- Tonda DaRae, a courageous Ohio was decided that Senators should not offs, and in the end ensure that ade- woman who lost a daughter to an over- follow the solemn oath they have quate resources are directed to this dose and who founded a support group taken on this floor when they say they epidemic while at the same time main- for those in recovery called Holly’s will uphold the Constitution ‘‘so help taining fiscal discipline. Song of Hope. Her group may profit me God.’’ We have had enough closed- I am glad the Senate rejected that from this legislation’s grants aimed at door meetings, especially closed-door attempt to inject gamesmanship into building communities of recovery. meetings that tell us to violate an oath the debate over ways to improve this I will be thinking about the many where they said ‘‘so help me God’’ and bill. That vote happened yesterday. Iowans I have heard about who have to not follow the Constitution. Now the minority in the Senate, the been impacted by this crisis. I spoke I think it is important that we have Democrats, are setting up additional earlier this week about Kim Brown of these meetings since the untimely procedural roadblocks. We tried to set Davenport, who lost her son Andy to an passing of Justice Antonin Scalia. up additional votes this morning to overdose. She now speaks out across There is certainly a disagreement over move this very important bill along so the State about the epidemic. how to move forward in filling the Su- There is Carla Richards, of Waukee, we can help the people of the various preme Court vacancy, but I think the IA, who lost her daughter Anna to an American people want us to do our job. States, and particularly New England, overdose as well. She founded an orga- This is a time we should have an open solve this opioid addition and heroin nization to promote awareness called conversation about it, not closed-door problem—also a problem in the eastern Anna’s Warriors. There are all kinds of meetings, where afterward self-serving part of my State—but somehow the tragic stories that every Senator in press releases are issued, which may or Democrats would not agree. this body could talk about that high- Because we have this bill on the may not accurately represent what light the rationale behind this legisla- floor, I also asked the Democrats on went on in those meetings. tion and the $400 million that is wait- The American people deserve to have the committee to hold our weekly Ju- ing to be spent to overcome the opioid us do our job, hear us discuss and de- diciary Committee business meeting addiction. bate the committee’s next steps in ful- over here in the Capitol Building in- There is a seed of hope in many of filling our constitutional duty. stead of in the committee room, right them, hope that we can act to address Last night, my friend, the senior off the floor of this Senate, as we do this epidemic, each in our own way. I Senator from Iowa, decided to postpone quite regularly, particularly when we will be thinking of these stories today this meeting rather than have it in have so much business here. as we try to move CARA one step clos- public. Now we have to wait another That was a routine accommodation I er to becoming law. So why would a week before the committee can sit asked them to make, similar to the ac- bill that got out of committee unani- down in public so the American people commodation I gave to them when we mously have this sort of shenanigans can discuss an issue that is so impor- had a hearing scheduled earlier this going on, on the floor of the Senate, at tant. The move to postpone today’s week on the EB–5 immigration bill, a time when people are dying—44,000 meeting is troubling, given that last when they asked to cancel that because people in the most recent statistical week’s meeting—a meeting that should this bill was on the floor of the Senate. year, more than automobile accidents have happened with the participation So I accommodated them. Would they and gun crimes together. This is a real of all the committee members in a give me the accommodation of holding problem. We need to get this bill room open to the public, showing us this meeting off the floor of the Senate passed, and we are working on accom- doing our jobs—was also postponed. So so we could take up the business of vot- modating amendments and moving it we didn’t have a meeting in public. We ing out some judges? There was not forward. It is not the time for the go- weren’t doing our job. any legislation on our agenda, but we slow approach we are seeing already on Instead, last week the committee’s could have voted out some judges. How the floor of the Senate. Republicans decided to meet behind often do we hear that the Judiciary I yield the floor. closed doors—the public couldn’t follow Committee is not moving judges? We The PRESIDING OFFICER. The Sen- what they were doing—without any had a chance to do that probably in a ator from Vermont. Democrats so they could hatch a par- 10-minute meeting right in the Presi- FILLING THE SUPREME COURT VACANCY tisan plan to obstruct any effort to dent’s Room, just a few feet from Mr. LEAHY. Mr. President, I ask consider the next nominee to the Su- where I am standing right now. unanimous consent to engage in a col- preme Court and do that no matter I gave them an accommodation, but loquy with other Democratic members what the Constitution says. There was now I am running into trouble because of the Judiciary Committee for 30 min- no consultation with any Democrats I canceled a meeting because we have utes. serving on the committee. There was this important bill on the floor of the The PRESIDING OFFICER. Without no public discussion of any kind. Senate. I understand they are pro- objection, it is so ordered. Certainly, in my 40 years here, testing the Judiciary Committee’s lack Mr. LEAHY. Mr. President, one, so whether Republicans have been in con- of action on a Supreme Court nomina- we fully understand, we are perfectly trol of the Senate or Democrats, I can- tion, which nomination we could not willing to have—even though we don’t not think of any precedent for this even possibly consider if the President hold Judiciary Committee meetings kind of closed-door discussion of how does not send it up. every week as we used to—we would be we avoid doing our job. Instead, 11 Re- I imagine this is just the first of sev- perfectly willing to have a meeting publican Senators unilaterally decided eral problems we are going to have in that was not in a backroom but open so the Senate would abdicate its responsi- the next few weeks. While they do that the press would see it. bility and block all of us from fulfilling

VerDate Sep 11 2014 23:53 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.006 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1248 CONGRESSIONAL RECORD — SENATE March 3, 2016 our constitutional obligation of advice favorably by a vote of 9 to 5 so the full the process to draft that legislation. I and consent. They block all of us from Senate could consider him. Some allowed everybody who had an amend- doing our job. Democrats voted for him. Many Demo- ment to bring it up. We would go back Supreme Court nominations are a crats voted against him. Some Repub- and forth—one Democrat, one Repub- unique priority for the Judiciary Com- licans voted for him. Many Republicans lican, back and forth. We did this day mittee. Since I have served in the Sen- voted against him, but he had his vote. after day, late at night sometimes, but ate—I voted on every member cur- In Clarence Thomas’s case, the com- all in public. It was all covered by tele- rently on the Supreme Court and on mittee voted to report out his nomina- vision. Not all of us supported the bill, several who have since retired—the Ju- tion favorably. That failed by a vote of but all of us had a chance to debate and diciary Committee has always held 7 to 7. The committee then voted to re- amend it. Even the staunchest oppo- hearings on Supreme Court nominees, port his nomination without rec- nents of the legislation, including some and they have always reported them to ommendation, and by 13 to 1 we voted in the Chamber right now, praised the the full Senate for consideration. to give him a chance to be heard on the Judiciary Committee’s transparent and When I took over as chairman of the floor. fair process for consideration of that Judiciary Committee in 2001, George Even when a majority of committee bill. A Vermont editorial at the time W. Bush was President. I did not agree members have not supported a nomi- called our committee proceedings—be- with much of what his administration nee, as was the case with Robert Bork cause they were open, because every- was already doing—I was very frank in or Clarence Thomas, we have not de- body had a chance to participate, be- discussions with President Bush to tell nied the full Senate—or the American cause the American people could see him that—and I was not sure if I would people—the opportunity to debate and what we were doing, because we were approve of any Supreme Court nomina- consider a Supreme Court nominee. We doing our job—‘‘a lesson in democ- tions he might have the opportunity to were not going to say this Senate racy.’’ I think it is time for a refresher make, but even with those reserva- shouldn’t do its job. course. tions, I wrote a letter with then-rank- The Judiciary Committee has a The legal issues before the Supreme ing member Senator HATCH memori- strong tradition of transparency. I re- Court are significant, and its impor- alizing an agreement we reached— member when I first came on, there tance in our constitutional democracy which Republicans gave their word to was one of the most conservative Sen- cannot be overstated, nor can the re- follow—about how the Judiciary Com- ators as chairman, Jim Eastland. We sponsibility of both the President to mittee would consider Supreme Court have done it with all who have been follow his constitutional duty to nomi- nominees. chairs. I believe the American people nate and the Judiciary Committee’s re- In that letter that Senator HATCH have a right to see and hear what we sponsibility to fairly consider a nomi- and I wrote, he gave his word and I are doing. They have a right to know nee to serve in the highest Court in the gave mine: whether we are doing our job. They land. The Judiciary Committee’s traditional have a right to weigh in on the deci- It is with deep concern I come to the practice has been to report Supreme Court sions we make. Nowhere does trans- floor. I urge my friend, the chairman, nominees to the Senate once the Committee parency matter more than a lifetime and all members of the Judiciary Com- has completed its considerations. This has appointment to the highest Court in mittee to renew their commitment to been true even in cases where Supreme Court our land. You can’t decide a question of transparency and regular order. I ask nominees were opposed by a majority of the somebody going on the highest Court that you withhold judgment. I ask Judiciary Committee. of our land, with a lifetime appoint- those who met behind closed doors to Senator HATCH and I gave our word ment, and do it with a small group be- withhold your judgment until you can on that. The Republican leader at the hind closed doors. That is not doing review the record of whomever the time, Senator Lott, then read our let- our job. There is no place for backroom President nominates. I ask you to give ter into the CONGRESSIONAL RECORD to deals for something so important. Pub- the next nominee to the Supreme ensure that it was available to all lic confirmation hearings are a vital Court a fair hearing, as we have done Americans to see, and I took the word part of our democracy. That is not just in this body—the body should be the of Republicans in this body that they about us. conscience of the Nation—for the last believed what they were saying. It Public hearings are how Americans 100 years. The American people expect showed the long understanding of the meet the nominee. Public hearings us to do our job. Senate Judiciary Committee’s commit- allow every American the opportunity Senator COONS is on the floor. The ment to an open, fair process, even to watch and listen to this person distinguished Senator from Delaware is when the majority does not agree with whose decisions may have a lasting im- the ranking member of the Court Sub- the opposing party’s President. pact on their lives. Ultimately, what committee. I wish to ask Senator The priority of the Judiciary Com- this small group of Republican mem- COONS, through the Chair, what his un- mittee has afforded Supreme Court bers of the committee meeting behind derstanding of the role of the Senate nominees is exemplified by its consid- closed doors unilaterally decided last Judiciary Committee with regard to eration of two of the most contentious week was to reject the longstanding the next Supreme Court nominee is. nominations to the Court: Robert Bork tradition of public hearings. In doing The PRESIDING OFFICER. The Sen- and Clarence Thomas. so, they are denying Americans—all ator from Delaware. In both instances, then-Chairman Americans, Republicans and Democrats Mr. COONS. Mr. President, I empha- Biden moved the nominations to the alike—the chance to participate in the size how important I think the role is full Senate, even though a majority of consideration of a nominee. They deny of the Senate Judiciary Committee. As the Senate Judiciary Committee did Americans a chance to have us do our many present know, my predecessor, not support the nominations. In other job. now Vice President BIDEN, is a former words, the majority did not support the The Judiciary Committee is one of chairman of the Senate Judiciary Com- nomination, but we still moved them the busiest in the Senate. It considers mittee. forward. some of the most consequential issues As my good friend and colleague from In Robert Bork’s case, a committee affecting millions of Americans. When the State of Vermont just reminded us, vote to report out his nomination fa- we commit ourselves to what brought there is a long and important history vorably failed by a vote of 5 to 9, with us here, to do our job and work to- on the Senate Judiciary Committee both Republicans and Democrats vot- gether for our constituents, we can that I think bears repeating; that since ing against it. At the time, the Reagan achieve great things. This is what hap- its formation a century ago, the Senate administration was quietly asking him pened 3 years ago when the Senate Judiciary Committee has provided a to withdraw his name, but he still passed comprehensive immigration re- hearing, a vote or both for every single wanted to have a vote, and the com- form. After six hearings and 3 weeks of Supreme Court nominee. The only ex- mittee then voted to report his nomi- markups—many lasting until very late ceptions being those that went straight nation with an unfavorable rec- at night—each of the 18 Senators serv- to the floor because their confirma- ommendation. He was reported out un- ing on the committee participated in tions were supported so broadly.

VerDate Sep 11 2014 23:53 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.008 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 3, 2016 CONGRESSIONAL RECORD — SENATE S1249 I also think there is a second impor- The PRESIDING OFFICER. The Sen- know who he or she is. Prejudge is at tant point, if I could briefly touch on ator from Vermont. the heart of prejudice; it is not a good it; that even in those instances where a Mr. LEAHY. Mr. President, I thank thing for the Senate to be doing. Fi- nominee did not enjoy majority sup- the Senator from Delaware for clearing nally, we will have to decide what kind port on the committee, even in those that up. I don’t normally discuss what of example we want to set to the rest of instances just cited by the Senator is said in meetings with the President, the world—of a country that follows from Vermont, where a majority of the but so much has been reported by the the regular order as established in its Senate Judiciary Committee voted two Republicans who were there, the constitution and has its institutions of against a nomination, that nomination distinguished Senator from Iowa and government do their duty or as a coun- proceeded to the floor of the Senate to the distinguished Republican leader. try that will bend, twist, and dodge ensure that advice and consent—our Vice President BIDEN was also there, those responsibilities because of the constitutional duty—could be carried and he was very clear as to what he demands of immediate politics. forward. meant so that there would be no ques- Those are choices I will address when If I might ask for the forbearance of tion. He also pointed out that right they come to us. For now I wish only the Senator from Vermont for one mo- through September, 64 of the Repub- to say that the President’s mandatory ment, I also want to set the record lican President’s nominees went duty is clear, and no one should be sur- straight about what my friend and through. I think during President prised that he performs it. predecessor then-Senator, now-Vice Bush’s last 2 years, I was chairman, I thank the Senator from Vermont. President BIDEN actually said in a floor and I moved 68 judges. Mr. LEAHY. Mr. President, I thank speech back in 1992, a floor speech that We see a double standard by our the Senator from Rhode Island. He is a has been widely cited as evidence of friends from the Republican Party former attorney general of his State as some new set of so-called Biden rules when it comes to the courts of appeals well as a former U.S. attorney and is that are somehow a basis for the ob- judges as well as district judges. In the well familiar with what the Constitu- structionism we now see—a refusal to majority, they have allowed only 16 of tion requires, and I appreciate his urg- even meet with a Supreme Court nomi- President Obama’s judges. Facts do ing the U.S. Senate to do its job and nee, let alone give them a fair hearing. speak louder than words. follow the Constitution. I want to take this moment because I thank the distinguished Senator Mr. President, at this point I will then-Senator BIDEN has been quoted from Delaware for clearing up that yield to the distinguished senior Sen- out of context. He gave—I am sure this matter. ator from New York. will not surprise some in the Cham- I know the distinguished Senator Mr. SCHUMER. Mr. President, I ber—a somewhat long and winding from Rhode Island also has something thank my colleague and our ranking speech. There was no Supreme Court he wishes to say, and I will yield to member on the Judiciary Committee vacancy at the time. He was simply ob- him. not only for his friendship and his ar- serving what might happen if there The PRESIDING OFFICER. The Sen- ticulateness but his great work on this were to be a vacancy. While he did, ator from Rhode Island. issue. early in the speech, give some com- Mr. WHITEHOUSE. Mr. President, I Just as the President has a constitu- ments that have been now used, he also thank the ranking member for that tional responsibility to name a nomi- gave at the end of his speech a section courtesy. Article II, Section 2 of the nee to the Court, the Senate has its I want to read. To quote directly: Constitution states quite clearly that constitutional duty to provide advice I believe that so long as the public con- the President shall nominate a can- and consent on the nominee. It is our tinues to split its confidence between the didate when there is a vacancy in the job. It is the job of this body and spe- branches, compromise is the responsible United States Supreme Court. I would cifically the Judiciary Committee to course both for the White House and for the like the record of this discussion to re- hold hearings on that nominee. Senate. Therefore I stand by my position, This chart says, ‘‘America to Senate Mr. President, if the President [then Presi- flect that the term ‘‘shall,’’ as defined dent George H.W. Bush] consults and cooper- in the Merriam-Webster dictionary— Republicans: Do your job.’’ Today we ates with the Senate or moderates his selec- the relevant definition—is A, used to might be saying, ‘‘America to the Judi- tions absent consultation, then his nominees express a command or exhortation, ciary Committee: Do your job.’’ The may enjoy my support, as did Justices Ken- and, B, used in laws, regulations, or di- American people expect us to do our nedy and Souter. rectives to express what is mandatory. job in the Senate and in the commit- In conclusion, let me remark that Under the Constitution that we are tees and do what we are supposed to be what then-Chairman BIDEN did speaks all sworn to uphold, the President of doing. more loudly even than what he said. I the United States has a mandatory As my colleague from Vermont has believe his record as chairman of the duty. I think it is important that he noted, the Judiciary Committee should Senate Judiciary Committee is unmis- accomplish it and nominate a can- be meeting right now at this moment, takable. In case after case, he convened didate. as we do every Thursday. This would and held timely hearings, even in the I ask my colleagues to imagine if have been the first opportunity for all election year of 1988. It means he con- there were another mandatory duty of members of this committee to debate sidered and confirmed 64 judicial nomi- the President of the United States that in public the Republican chairman’s nees, as late as September in a Presi- this President refused to perform— unilateral decision to issue a blanket dential election year. It means he imagine the cavalcade of Republican hold on an unnamed Supreme Court voted in favor of Justice Kennedy and Senators to the studios of Fox News to nominee. We hold Judiciary meetings Justice Souter, nominated by Repub- decry and condemn this President for on Thursday all the time while legisla- lican Presidents, and it means that in that omission. This should be no dif- tion is being debated on the floor. his speech, in the section I quoted, I ferent. There were no votes scheduled. We think he sent a clear request to then- The President must and will do his meet every Thursday. We know why President George H.W. Bush to work constitutional duty. If and when he they are not meeting today. They are with the Senate, send us a moderate does that, then the constitutional bur- afraid to discuss the issue. They cannot nominee, and I will consider supporting den of duty moves from the President win the argument that we shouldn’t be them. to the U.S. Senate, and we will then doing our job in a public debate. They I urge the chairman and ranking have to decide whether we will abide by can’t win the argument that the Judi- member, all of us who are members of our constitutional duty, whether to ciary Committee shouldn’t be holding this important and august committee, follow the regular order that so many hearings. We had the meeting abruptly to follow the actual Biden rules by of us have articulated as an important canceled at the last minute not be- working across the aisle, by con- goal, whether to follow the precedents cause CARA is being debated on the sulting, and by offering a fair, open, of previous nominees, whether to act floor—CARA is important—but because and timely hearing for any nominee fairly, whether we are going to be an people didn’t want to debate the issue who should be proffered by our Presi- organization here, an institution, that of the Supreme Court. Let’s face it; dent. will prejudge a nominee before we even that is the truth.

VerDate Sep 11 2014 23:53 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.009 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1250 CONGRESSIONAL RECORD — SENATE March 3, 2016 We are not asking the Senate or the his committee majority who might blessings of being a freshman Member Judiciary Committee to be a rubber like to see us hold hearings. He said: As is you get the opportunity to preside stamp. any chairman ought to do, I went to and hear the arguments that are going I have one more point on the Judici- the members of my committee. They on in the Chamber and the discussion ary Committee. We are asking our Re- all agreed with me for different rea- about the SCOTUS nomination. We are publican colleagues to simply do their sons, not just because I am chairman. going to have to agree to disagree with job. Hold this body and the Judiciary Some had reluctance, but all signed. our friends from across the aisle on the Committee in some regard. We can dis- The chairman indicated he would SCOTUS nomination. agree on the politics, we can disagree consider breaking ranks with his party Let’s take a look at what is going on on a nominee, but hold a hearing and leader by meeting the potential nomi- here. hold a vote. That is what our constitu- nee, Eighth Circuit Court Judge Jane In North Carolina, over the past 24 ents sent us here to do. Kelly from his home State of Iowa. He hours, some four people have died of a I will remind my dear friend from was reluctant to issue the same across- drug overdose. We had more deaths as- Iowa, and he is a dear friend, what his the-board denial. I understand his re- sociated with drug overdoses than we own Web site—the Judiciary Commit- luctance. He is a good man. CHUCK had with car accidents last year. tee’s Web site—says is its job. This was GRASSLEY is a good man. He comes So what is going on here? Back in pointed out by Senator DURBIN a few from the heartland of America and rep- 2008, there was an opioid epidemic. days ago, but I think it is worth re- resents its finest values. I regret to say There was a supermajority in the U.S. peating. This is a copy of the Web site it, but I think politics are pulling him Senate. There was a Democrat in the of the Judiciary Committee. Here is off course here, and I hope he will re- White House and a majority in the part of what it says when it comes to turn because he is a good man and I un- House of Representatives. No action. In nominations. derstand the reluctance of Senators to 2010, the epidemic was growing. In When a vacancy occurs on the Supreme sign that letter. Senators did not come places in New England, in the Midwest, Court, the President of the United States is to Washington to do that. The Sen- down in the South, people were dying. given the authority, under Article II of the ators know the folks out there want Yet there was no action. United States Constitution, to nominate a them to do their job. Now this Congress has taken action. person to fill the vacancy. The nomination is Editorial boards across the country I think it is time to move the CARA referred to the United States Senate, where bill. To hold hostage the CARA bill and the Senate Judiciary Committee holds a have castigated this policy of obstruc- hearing where the nominee provides testi- tion. shift the discussion to a genuine dis- mony and responds to questions from mem- The PRESIDING OFFICER. The Sen- agreement we have with the minority bers of the panel. Traditionally, the com- ator’s time has expired. on SCOTUS is literally costing lives. mittee refers the nomination to the full Sen- Mr. SCHUMER. Almost every poll For those who sit here and want to ate for a vote. shows the majority of Americans favor hold up the CARA bill for the purposes This is the Web page of the Senate action. of discussing the SCOTUS nomination, Judiciary Committee. It does not say Mr. President, just one more point. we don’t even have a nominee yet. you hold a hearing when you want to. It is not right to do what the com- There is going to be plenty of time in It does not say you hold a hearing mittee is doing, and I sincerely hope committee and plenty of time on the when you like the nominee or only the chairman will reconsider his posi- floor to debate this difference of opin- when your party has the Presidency. It tion. If Republicans truly respect the ion between the minority and the ma- says: ‘‘The nomination is’’—not may Constitution, they should follow it and jority. But in the meantime, for people be; is—‘‘referred to the United States consider a nomination from the sitting who would hold up passing the CARA Senate, where the Senate Judiciary President rather than play political bill over the SCOTUS nomination, Committee holds a hearing where the games. what are you going to tell the two peo- nominee provides testimony and re- I yield back to my dear friend, our ple—last week, two friends of mine, sponds to questions from members of outstanding leader on the Judiciary when they heard my speech on the Sen- the panel.’’ It doesn’t say the Senate Committee, Senator LEAHY. ate floor, came to me and said: Thank Judiciary Committee might hold a The PRESIDING OFFICER. The Sen- you for moving this bill. I lost my son hearing or could at its whim hold a ator from Vermont. a year and a half ago. hearing. It says hold a hearing, no Mr. LEAHY. Mr. President, I realize Two of my friends have told me: qualifiers. our time has expired, but I ask unani- Thank you for helping us increase the We ought to be holding a hearing and mous consent that I be able to yield visibility and get to a point to where we ought to be debating on whether to the floor for my colloquy but that I be we are saving these lives. hold a hearing now in the Chamber of followed for 5 minutes by the distin- Those who would hold up the CARA the Judiciary Committee on Thursday guished senior Senator from Con- bill, what are you going the tell the at 10 a.m., as we have done week after necticut and that he be followed by the first responders who, if they had week after week when other important distinguished senior Senator from Min- naloxone, could have potentially saved issues are being debated on the floor of nesota for 5 minutes. the life of somebody who has fallen on the U.S. Senate. We can do both. We The PRESIDING OFFICER (Mr. the floor and died? What are you going can move CARA—I admit it doesn’t GRASSLEY). I am in the Chair and prob- to tell them? What are you going to have the funding I would like to see ably can’t participate, but I want to tell the law enforcement officers who there at this point—and we can meet in make it clear that I want the manager are trying to help people live who have the Judiciary Committee. of the bill to speak so—— succumbed to addiction and opioid I don’t understand the decision by Mr. LEAHY. Mr. President, could we abuse? What are you going to tell them the chairman of the Judiciary Com- have regular order. by holding up this bill? What are you mittee, who I believe holds the same The PRESIDING OFFICER. I am ex- going to tell the parents who are strug- reverence that I do and the same rev- ercising my prerogative. If I don’t have gling, who need help with education, erence that the ranking member and that prerogative, then I object. who need help with their incarcerated former chairman, the Senator from The Chair recognizes the Senator children who may have succumbed to Vermont, does for its profound and his- from North Carolina. addiction, who did a wrong thing and toric standing in the Senate. I would Mr. SCHUMER. Mr. President, may I are in prison and now need help? They like to hear directly from the chair- make a unanimous consent request? need to be rehabilitated. They need to man about the thinking behind his de- The PRESIDING OFFICER. The be saved. cision to unilaterally decide that this Chair recognizes the Senator from At some point, we need to recognize committee will have no voice, no abil- North Carolina. that we do need to do things sepa- ity to examine a nominee’s record and Mr. TILLIS. I thank the Presiding rately. We need to recognize that it is qualifications. Officer. disgraceful to hold up the CARA bill Earlier this week, the chairman indi- Mr. President, I didn’t have any in- over a genuine disagreement we are cated that there are some members of tention to speak today, but one of the going to have for months.

VerDate Sep 11 2014 23:53 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.011 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 3, 2016 CONGRESSIONAL RECORD — SENATE S1251 I am one of the Senators in the Judi- know are going to die? The data is the committee in the committee room ciary Committee who signed the letter. compelling. while important discussions have been I do not believe that until we hear the Folks, we have to get to a point carried on here in other instances? Is vote of the people, we should hear a where we get Washington working that true or false? SCOTUS nomination. But I am not again, and you don’t do it by playing Mr. TILLIS. I say to Senator SCHU- here to talk about SCOTUS today. I am chess. I am not an attorney. I am not MER, it is true. here to talk about saving lives. I am a constitutional scholar. But I am a fa- Mr. SCHUMER. Thank you. here to talk about addressing the ad- ther and somebody who spends a lot of Mr. TILLIS. But I don’t see its rel- diction problem that is growing. I am time in my State. I think we have evance to the task at hand. That is the here to talk about the sad, heart- reached a point where we need to get problem—— breaking stories of families across this serious with it. We are creating obsta- Mr. SCHUMER. Will the Senator Nation who are starving for help. cles on CARA that don’t exist. People yield? This bill helps. This bill appropriates are absolutely costing lives by failing Mr. TILLIS. If I may completely an- over $100 million that can be spent be- to move on this bill. swer the question, that is the problem tween now and the end of September to Let’s have a fight. Let’s have a com- with this process. I hear that. I see the save lives. If I come to the floor tomor- mittee hearing. I like a good scrap. I Kabuki dances going on. What I want row, I am going to be talking about am looking forward to having that de- to do is dispose of the amendments on four more lives that have been lost in bate. I am looking forward to the his- the CARA bill and do our job. Let’s do North Carolina, some that could have tory of other positions that have been our job. Our job is to pass legislation been saved if we would just do our job. taken by my friends across the aisle on and in this case save lives. So I get There is a lot of discussion about doing how to dispose of nominations from the that we need to do the other things, our job, right? Let’s do our job and get President. I am happy to do that. But but let’s get to the task at hand. Let’s CARA passed. I want this bill passed. I want to be do our job. I am prepared to do the job. Mr. SCHUMER. Mr. President, I ask able to go back to the people in North I will stay here all weekend long. I will my colleague from North Carolina to Carolina and say: We are doing every- work 24/7 until this bill gets passed. yield for a question. thing we possibly can to save lives. Why don’t we focus on that and intro- Mr. TILLIS. I yield. That is what CARA does. That is why duce a little humanity into the discus- Mr. SCHUMER. Thank you. I appre- we need to act. sion? I get the procedural issues. We ciate the courtesy. I so understand Mr. SCHUMER. Will the Senator need to have the debates in Judiciary. what you are saying. A week ago, I yield? I am perfectly happy to do that. I want The PRESIDING OFFICER. Who held in my arms a father whose son had this bill passed. I want Members to committed suicide while waiting for seeks the floor? Mr. SCHUMER. I seek to ask another come down to this floor, pass amend- treatment, so I understand the impor- question of my friend from North Caro- ments, draw down the queue, and send tance of the bill we have before us. this bill to the President’s desk. I don’t see why we can’t do both lina. Mr. TILLIS. Mr. President, we were Let’s do our job. I am prepared to do things at once. The Senator from supposed to be here moving the bill for- my job today, tomorrow, Saturday, North Carolina has sat with me while ward. We need to make it clear that we Sunday, and through all of next week if we debated important bills on the floor were going to vote on amendments on that is what it takes to get this done. and met in the Judiciary Committee, CARA today to draw down the backlog I hope my colleagues on the other side and all of a sudden, at the last minute, and move the bill. The Presiding Offi- of the aisle will be too. the rug is pulled out from under that cer decided to have the meeting off the Thank you, Mr. President. meeting. It was scheduled. The CARA floor so that we could move judicial The PRESIDING OFFICER. The Sen- bill was scheduled to be debated, and nominations. We weren’t going to take ator has yielded the floor. we could meet in the Judiciary Com- up legislation there. Who seeks recognition? mittee. I think what we need to do is get The Senator from Vermont. I am sure my colleague will admit back to the work of disposing of Mr. LEAHY. Mr. President, as one that the issue with the Supreme Court amendments, making the bill better who has held a lot of hearings on is important, too, just as CARA is. So potentially, and getting it to the House opioids, as one who has brought to- could he explain to me why we couldn’t and getting it to the President’s desk. gether law enforcement, the medical do both—have our meeting in the Judi- That is what I am talking about. This community, parents, the faith commu- ciary Committee and let those who is the capacity. We have limited capac- nity, and physicians in my State on want to be in the Judiciary Committee ity in this Chamber. You all know the the opioid matter, I am perfectly happy speak there and let those who want to procedural games you can play around that the Republicans control the sched- speak on CARA speak here? No votes here. The limitations of time are nu- ule and perfectly happy that they want were scheduled. I am right about that, merous. We are just creating more of to stay here today, tomorrow, the next correct? So just explain how one delays that. We are gumming up the works day, and go forth. the other. while people are dying. One person Mr. SCHUMER. Will my colleague Mr. TILLIS. Mr. President, I actually every 6 hours in the State of North yield for one more question? was speaker of the house in North Carolina is dying from a drug overdose. Mr. LEAHY. Certainly. Carolina for 4 years. I like a good If we delay by 6 hours, we are respon- The PRESIDING OFFICER (Mr. scrap. I don’t have any problem with sible for a life in North Carolina. These TILLIS). The Senator from New York. going to a committee hearing and ex- Mr. SCHUMER. Thank you, Mr. are lives we can save. We need to dis- plaining why I have taken the position President. pose of the amendments on this bill I have on the judicial nomination. But I would just ask you, our ranking and move it to the House. that is not what I am talking about Mr. President, I apologize if I am member, haven’t we been able in the today. I am talking about over the angry, but when lives are involved, past to hold meetings in the Judiciary next 24 hours, four more people are when youth is involved, I think it is Committee and debate bills on the going to die from overdoses in North time for us to do our job. Our job is to floor? Carolina. I am trying to figure out dispose of amendments and move this Mr. LEAHY. We did hate crimes leg- what I say to that mother and that fa- bill to the House of Representatives. islation on the floor at the same time ther to say, well, gosh, you know, Thank you. we were doing a Supreme Court nomi- things got gummed up here because we Mr. SCHUMER. Mr. President, will nation. Those are pretty significant decided to connect two unrelated my colleague yield for a question? things. It can be done. issues. One has to do with the Supreme The PRESIDING OFFICER. Does the Mr. SCHUMER. One more question to Court nomination, and that is very im- Senator yield? my colleague. Has the leader filed clo- portant. It is critically important. I Mr. TILLIS. Yes, sir. ture, which would move this to a con- get that. But what is more important Mr. SCHUMER. I ask my colleague, clusion? As best to your knowledge, than saving lives of people who we is it true that we have had debates in has the leader filed cloture? Because if

VerDate Sep 11 2014 23:53 Mar 03, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.012 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1252 CONGRESSIONAL RECORD — SENATE March 3, 2016 he hasn’t, we are not holding up any- Mr. BLUMENTHAL. I am always above politics, higher than the ordi- thing. honored to be in this Chamber, and I nary give-and-take and contention that Mr. President, I would suggest to my feel immensely privileged to partici- occurs on this floor and throughout the colleague from North Carolina that if pate in any debate. But I must say, Mr. political institution. The refusal to he wants to move the bill quickly, he President, that the average American even consider having a hearing, having ought to go to the leader and say ‘‘File listening to the colloquy that has been a vote, having a meeting with the cloture,’’ not say ‘‘Delay a meeting in conducted just within the past few President’s nominee endangers this in- the Judiciary Committee’’; is that minutes would regard it somewhat in stitution. right? disbelief, maybe dismay, because the Elections have consequences. We all Have you heard of the leader filing Presiding Officer is absolutely right say so. Obstruction has consequences cloture yet? that the people of our States are lit- too. The failure to consider these nomi- Mr. LEAHY. Mr. President, my un- erally dying as a result of the heroin nees means that critical decisions will derstanding is that cloture has not and opioid epidemic that has created a be left undecided. been filed. public health hurricane, a crisis of un- I urge my colleagues to enable us to Mr. SCHUMER. Thank you. told proportion. have a vote. Mr. LEAHY. I would agree with the This body should and hopefully will The PRESIDING OFFICER (Mrs. Presiding Officer. I will stay here Fri- pass a bill that will help to address FISCHER). The time of the Senator has day, Saturday, and Sunday and vote that public health crisis. It is only a expired. and pass this, I would hope with actu- downpayment, only a first step, and Mr. BLUMENTHAL. May I have just ally putting money in it so we are not only effective if accompanied by fund- 1 more minute? Mr. LEAHY. Madam President, I ask just passing something symbolically ing, an emergency supplemental nec- unanimous consent that Senator without teeth. essary to provide the real resources to The PRESIDING OFFICER. The Sen- BLUMENTHAL be granted three more address this problem. But this body is minutes. ator from Iowa. capable of passing that bill and still de- The PRESIDING OFFICER. Without Mr. GRASSLEY. I would ask the bating whether there should be a hear- objection, it is so ordered. Senator from Vermont a question, if he ing and vote on the President’s Su- Mr. BLUMENTHAL. Thank you. would take it. preme Court nominee. Madam President, I want to close Mr. LEAHY. Mr. President, without The voting on the Comprehensive Ad- with the words of Justice Scalia, who losing my right to the floor, I yield to diction and Recovery Act, also known said, when he was asked to recuse him- answer the question, yes. as CARA, is within the control of the self, that leaving the Court potentially Mr. GRASSLEY. Mr. President, I majority. That is a simple fact. As equally divided 4 to 4—that a 4-to-4 heard what they said about the meet- Ronald Reagan said, facts are stubborn vote was to be avoided if possible. He ing being canceled today, because we things. The fact is that control of the said: could have held the meeting off the votes on that measure are within the With eight justices [it] rais[es] the possi- floor and voted out three judges. So prerogative of the majority. bility that, by reason of a tie vote, [the somehow that interfered with what In the meantime, the majority also Court] will find itself unable to resolve the they wanted to do in the Judiciary has the power and authority to say we significant legal issue presented by the case. Committee meeting. I asked for an ac- will have a hearing and a vote on the . . . Even one unnecessary recusal impairs commodation. I asked the ranking President’s Supreme Court nominee; the functioning of the Court. member for the same accommodation I we will do our job. That is what Sen- Even one unnecessary 4-to-4 vote im- gave his side when we canceled a hear- ators are elected to do. That is why we pairs the stature and credibility and ing on the EB–5 Program earlier this have come to the floor of the Senate to the effectiveness of the Court. week. And a hearing obviously doesn’t say that the Senate must do its job. It I urge all of us to move forward with take the same time away from the has a constitutional duty. It has no dis- the President’s nominee when it is floor as a markup might. So con- cretion whether it should wait for a po- made. sequently I am asking the ranking litically opportune time to do its job or Thank you, Madam President. The PRESIDING OFFICER. The Sen- member if that accommodation isn’t whether it should hear from its base ator from Vermont. worth the accommodation that I asked politically. It should do its job when Mr. LEAHY. Madam President, I today. the President submits his nominee. thank the distinguished senior Senator Mr. LEAHY. Mr. President, address- What may be most regrettable about from Connecticut, especially since he this debate and about the majority ing the distinguished Member through brings a wealth of knowledge here. He leadership’s refusal to have a hearing the Chair, he is well aware of my con- was one of the most noted attorneys cern and the difference between EB–5, and a vote on the President’s nominee general of his State. Also, he has that which we debate all the time, and a Su- is that it demonstrates political mach- very unique knowledge of one of the preme Court nomination. This goes be- ination—game playing—that threatens most highly sought positions—a clerk yond apples and oranges. There is abso- the Supreme Court as an institution. It to a member of the U.S. Supreme lutely no comparison. endangers its credibility and trust. The Court. In many ways, these are the I think the Republicans having had a Supreme Court has no armies or police people who have a closer view. So Sen- closed-door meeting where a small per- force. It depends, for the enforceability ator BLUMENTHAL’s experience as a centage of the Senate decided there of its decisions, on its credibility and clerk of the Supreme Court is some- should be no debate or discussion on a trust. And when it is demeaned in the thing none of us should ignore. Supreme Court nomination—there is eyes of the public, when its stature is Madam President, I ask to be able to no way that having a closed-door meet- diminished, when it is dragged into the yield to the distinguished senior Sen- ing off the floor is something that—it political morass of a partisan debate ator from Pennsylvania. wouldn’t pass the giggle test. I think and partisan paralysis, its credibility The PRESIDING OFFICER. The Sen- all of us, both Democrats and Repub- and trust and its stature are vastly di- ator from Pennsylvania. licans, would have been rightly criti- minished, and its powers and institu- Mr. CASEY. Madam President, I cized by the press if we had done that. tion are in danger. thank the senior Senator from This is anything but routine. We are I am dismayed that these machina- Vermont for the opportunity to speak. talking about the Supreme Court. tions tend to diminish and demean this I ask unanimous consent to speak as I ask unanimous consent to yield 5 institution where I worked for a year in morning business. minutes to the distinguished senior as a law clerk for Supreme Court Jus- The PRESIDING OFFICER. Is there Senator from Connecticut and then 5 tice Harry Blackmun, where I argued objection? minutes to the distinguished senior cases when I was attorney general, and Without objection, it is so ordered. Senator from Minnesota. where I was yesterday on those steps ISIS The PRESIDING OFFICER. Without with the same awe and admiration and, Mr. CASEY. Madam President, I rise objection, it is so ordered. indeed, reverence that the American to discuss the United States and coali- The Senator from Connecticut. people should feel for an institution tion strategy to bring about a lasting

VerDate Sep 11 2014 01:35 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.014 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 3, 2016 CONGRESSIONAL RECORD — SENATE S1253 defeat of the terrorist group ISIS, often leading the effort. At every stop, I was tion issue. I postponed that hearing be- known by different acronyms, such as impressed by the good work of our U.S. cause minority members of the Judici- ISIL, as well as Daesh. I will use the military personnel and diplomats. One ary Committee didn’t want to have acronym ISIS. of the highlights of my trip was the that hearing when this very important We know that ISIS proposes a direct afternoon I spent at the Al Udeid Air opioid addiction bill was on the floor. threat to our partners in the Middle Base in Doha. The heroin addiction bill is before the East and is exporting its distorted, I spent time at the Combined Air Op- United States Senate with 44,000 lives hateful ideology to other nations, in- erations Center, known as the CAOC, being lost in a year because of that ad- cluding here in the United States. Be- where elements from all U.S. services diction. And we’re considering impor- ginning in 2014, I have pressed the ad- and representatives of many of our coa- tant legislation to solve that problem. ministration to take action against the lition partners worked together to co- I did not get that accommodation, so I financial and facilitation networks ordinate and execute air operations canceled the meeting. that support ISIS. The administration against ISIS. I also received a classi- So what we heard on the floor here, has done good work, but much more re- fied briefing from the AFCENT com- while my colleagues were holding up mains to be done. mander, Lt. Gen. Brown, which, of the opioid bill, all this talk about hav- In mid-February, I traveled to a course, I cannot detail here. But Gen- ing a debate about the next nominee to number of countries in the region, in- eral Brown has said publicly: ‘‘Success- the Supreme Court—a nominee that cluding Israel, Saudi Arabia, Qatar, ful strikes on oil facilities and on mon- hasn’t even been made yet. and Turkey to conduct oversight of our So I come to the floor now to respond etary centers have resulted in Daesh strategy to cut off the financial net- to just a couple ridiculous arguments cutting pay to their fighters and in- works that support terrorist groups that my friends made this morning. creased the amount of money available like ISIS. I found that the events of the First of all, we are going to have a to conduct and fund their operations.’’ last 2 years have brought the issue of debate about the Supreme Court and This is an important development. It terrorism financing into sharper focus, the proper role of a Supreme Court is important to note that U.S.-led air and certainly into sharper focus for the Justice in our constitutional system. strikes are having a profound impact countries in the region. ISIS attacks in We are going to debate whether or not on ISIS’s financial operations. the American people want yet another places like Saudi Arabia and Qatar As lawmakers, we must continue to should be a wakeup call for gulf coun- Justice who decides cases based on critically evaluate and develop con- tries. Terrorist financiers not only sup- what is in his or her heart or whether structive policies to bring about a last- port ISIS, but they present a direct they want a Justice who will decide ing defeat of ISIS. We cannot abdicate threat to their own internal security cases based on the Constitution and our oversight responsibilities. To my and stability—the security and sta- the law. That is not my estimation of colleagues who say we are doing ‘‘noth- bility of these gulf countries—as well the debate; that is exactly what this ing’’ to fight ISIS, I encourage them to as other countries the world over. President said regarding previous While coalition partners are taking go to a place like the Al Udeid Air judges and Justices. He said he was steps in the right direction, much more Base, meet directly with senior leaders looking for somebody who would have work remains to be done. We need to who are bringing the fight to ISIS, and empathy for people who came before see more investigations turn into more see firsthand the incredible work of our the Court. Having empathy for people arrests, more prosecutions, more sen- servicemembers, just as I did in the that come before the Court means that tencing, and more accountability in middle of February. We need to hear you are supposed to do something dif- these countries that will take these directly from military commanders ferent than what judges are supposed criminals and terrorists off the streets. and national security experts before of- to do. Judges are supposed to look at It also became clear to me on my visit fering prescriptions like increasing the facts and the law and base their de- to the region that we need to improve troop levels in Iraq or expanding the cisions on the law. They aren’t sup- upon the international architecture mission sets our military is currently posed to base their decisions on per- that cuts off terrorist financiers and executing. sonal feelings. We are a nation based facilitators from the international fi- We owe it to these men and women to on the rule of law. So this is what the nancial system. As a first step, coun- have a robust, bipartisan debate about American people have to think about tries should seek to meet the require- this strategy and to vote on an author- and decide. They need to have a voice ments to be a member in good standing ization for the use of military force, in this process. As Senator BIDEN said of the Financial Action Task Force, vote on legislation to cut off financing, in 1992 or as Senator SCHUMER said in known by the acronym FATF. This is a vote on bills to promote humanitarian 2007—we are not going to consider a multinational, intergovernmental or- aid—all of the elements of this strat- Supreme Court nominee during a heat- ganization tasked with addressing egy. ed Presidential election. So we have an money laundering and financial Rather than conducting oversight by opportunity to have a national debate. crimes. sound bite and oversight by categorical This whole debate is about whether we Countries also need to take steps to condemnation, let’s have a serious de- are going to have Justices who decide address the ways terrorist financiers bate on this critical national security cases based on empathy rather than use the black market and the gray issue. the letter of the Constitution and the market to facilitate their work. For Madam President, I yield the floor. letter of the statute. example, in Turkey, my last stop on The PRESIDING OFFICER. The Sen- On the second point, we have heard a my visit to the region, I came away ator from Iowa. lot of complaining around here—and I with the impression that the Turkish FILLING THE SUPREME COURT VACANCY suspect we are going to hear a lot Government is not adequately Mr. GRASSLEY. Madam President, more—because Senate judiciary Repub- prioritizing efforts to stop foreign we have had quite a discussion this licans met and then made public our fighter movements and the illicit morning on why the Judiciary Com- decision not to hold hearings on the smuggling of cash, oil, antiquities, and mittee didn’t meet. Supreme Court nomination during a IED precursor components across its We were prepared to meet the same heated Presidential election year. Give southern border. As terrorist fin- way we often meet when there is just me a break. anciers’ tactics evolve, our strategies maybe 5 minutes of business. We meet We made a decision based on history must improve and respond. For exam- off the Senate floor so that we can do and our intention to protect the ability ple, more work needs to be done to reg- both the work of the entire Senate and of the American people to make their ulate and to cut off the informal ex- the work of the Judiciary committee. voices heard. We didn’t play games, change houses in countries bordering That happens often. And that’s the ac- just as Senator BIDEN wasn’t playing ISIS-occupied territory, which may be commodation I asked for from the mi- games when he gave that 20,000-word the primary way that ISIS gains access nority. But they objected. Of course, speech in 1992 where he said that we to the international financial system. they asked me to accommodate them shouldn’t have a lameduck President Much more work remains to be done, on a hearing that I had scheduled for make a nomination during a Presi- and the United States should continue earlier this week on the EB 5 immigra- dential election campaign, just like

VerDate Sep 11 2014 01:35 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.017 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1254 CONGRESSIONAL RECORD — SENATE March 3, 2016 Senator SCHUMER said in 2007 before most respect for, but I feel that I must I can see no wiggle room on the the American Constitution Society, 18 respond, given this important question President’s obligation to submit a months before George W. Bush was out that is not before this body but should nominee to this body. This decision to of office. So that is the historical ap- be. stall this nomination, to not meet with proach. Very plain and open, both The first point this Senator would a nominee, to not hold hearings, to not Democrats and Republicans taking the make is that the term ‘‘lameduck’’ is hold a debate, to not hold a discussion, same tone so the people could make being used rather loosely. Lameduck, has profound implications for the their voices heard. The American peo- as I have always understood it, is the Court because the reality is this means ple should be heard not only on who is period between the election and a the Court will be without a Justice for going to fill Justice Scalia’s seat, but swearing-in of a successor. A lameduck essentially two terms. also on the proper role of the Supreme Congress is the Congress before Novem- We lost Justice Scalia in February. Court and whether or not the Court ber and January. A lameduck Presi- The term of the Court doesn’t end until ought to be a legislative body. dent is the President’s term between later this spring. He will not be present Like I said, we made that decision November and January. I think, as I for the final decisionmaking on the and immediately made it public. I have always understood the use of that matters that have been before the don’t remember being invited to the se- term, to apply it to a President who is Court this term. Then, if we wait until cret meetings that the Democrats held in the middle part or early part of the a new President is elected, the new before they walked onto the Senate fourth year of his or her term is not an President comes into office on January floor in November of 2013 and invoked accurate characterization or usage of 20, 2017, and submits a new nomination the nuclear option so they could pack the term ‘‘lameduck.’’ almost immediately. Let’s say it is the D.C. circuit. We wanted to save The distinguished chairman said we within the first 2 weeks of his or her taking office. The average time for taxpayer money. The D.C. circuit is the are going to have a debate. I am de- consideration of a Justice is between 60 least worked circuit court in the coun- lighted to hear that. The question is, and 90 days. We are into February, try. Everyone knew you didn’t need When? I wasn’t here in 1992. I wasn’t March, April, and that is into the next three more judges. That court was fair- here in 1987. I wasn’t here in 2007. So I term of the U.S. Supreme Court. By de- ly evenly divided between liberals and am trying to figure out how to respond laying this decision, we are basically conservatives. But because that court to this situation, how to understand going to leave the Court without a Jus- reviews the President’s Executive or- this situation, with reference to the tice, in contravention to the explicit ders and regulations, this President Constitution. provision of the Constitution, for what wanted to make sure he had enough There are lots of provisions in the Constitution that are subject to windy amounts to two terms. judges on that court, so that when the This Senator wants to be very clear: law review articles, to lengthy court court reviews the actions he takes with I am not saying that there is any con- decisions, to interpretation, to charac- his pen and phone, he would get favor- stitutional obligation on this body to terization of what they actually mean, able rulings. So they packed the D.C. approve the President’s nominee, but I what was the original intent of the circuit, so that is why we had the nu- believe there is a constitutional obliga- Framers, and all of those complicated clear option, because the other side had tion to consider that nominee. That is to get around the 60-vote rule that we issues of discussion, dissection, and ex- really what we are debating. had here for the approval of judges. plication. But the word ‘‘four,’’ as in I am delighted to hear the distin- I also keep hearing this claim Sen- one, two, three, four, and the word guished chairman say we are going to ator BIDEN, when he was chairman of ‘‘shall,’’ as in ‘‘shall do something,’’ have this debate, but we ought to have the committee, should be praised for are not among those confusing terms. it now, under the Constitution, which how he handled the Bork-Kennedy epi- I would submit that the President requires the President to submit a sode. Now, I happened to be here in has a constitutional obligation to sub- nominee and, I would argue, requires 1987. I saw what happened to Robert mit a nominee to this body and this this body to at least consider that Bork. I saw how he was smeared. And body has a constitutional obligation to nominee, to hold hearings, to let the because he was smeared, that seat re- consider that nomination—not an obli- people hear who the nominee is, to mained open and was filled in early gation to confirm, not an obligation to hear what their views are, and to make 1988. If that is the other side’s argu- say yes, but an obligation to consider the decision within this body whether ment, then I think we all know how it. this nominee should be approved for weak their position is. The Presidential term is 4 years; it is this incredibly important, august, and Finally, let me say this. I said yes- not 3 years and 1 month. That is in the solemn obligation to undertake as a terday and I want to say it again, the Constitution. Article II, section 2, says Justice of the U.S. Supreme Court. other side knows that this nominee the President ‘‘shall nominate . . . Again, ‘‘four’’ and ‘‘shall’’ are not de- isn’t going to get confirmed. Everyone Ministers . . . Judges of the supreme batable propositions. Whether or not knows it. The only reason that they Court . . . with the Advice and Consent the Senate should confirm is clearly are complaining about a hearing on the of the Senate.’’ within the discretion of every Senator nominee is because they want to make I would not for a minute presuppose in this body, but to say that we will the process as political as possible. And what the decision of the Senate should not have the opportunity to make that that goes to the heart of the matter. be, but to argue that the Senate will decision I think is contrary to the Con- We are not going to politicize this not even hear the nomination, will not stitution. It is contrary to the best in- process in the middle of a Presidential discuss it, will not debate it—in fact, terests of the American people, and I election year. We are going to let the some of the Members have said they am surprised, frankly, that my col- people have a voice. will not even meet the person, with no leagues are taking this position. No- I yield the floor. knowledge whatsoever of who this per- body is saying how they have to vote. I suggest the absence of a quorum. son is. The President may nominate a If they don’t like the nominee, they The PRESIDING OFFICER. The person who is a combination of Aris- can vote them down, but why not have clerk will call the roll. totle, Thomas Jefferson, and St. Thom- a hearing, why not have a debate, why The legislative clerk proceeded to as of Aquinas, but he or she is not even not have a discussion, why not find out call the roll. going to be met with. I don’t under- who this person is? The President may Mr. KING. Madam President, I ask stand that as a matter of interpreta- nominate someone who is of great ap- unanimous consent that the order for tion of the Constitution. peal to both sides of this body. the quorum call be rescinded. There is a lot of discussion about the I would hope that the distinguished The PRESIDING OFFICER. Without people ‘‘should have a role’’ in this de- chair of the committee would recon- objection, it is so ordered. cision. The Constitution makes that sider his decision—the committee’s de- Mr. KING. Madam President, I lis- clear. They do have that role when cision—to not even hold a hearing and tened with great attentiveness to the they elect the President of the United to carry out what I believe is the obli- very distinguished chair of the Judici- States for a 4-year term, not for a 3- gation to at least hear the nomina- ary Committee, whom I have the ut- year, 1-month term. tion—not approve it, but to at least

VerDate Sep 11 2014 01:35 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.018 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 3, 2016 CONGRESSIONAL RECORD — SENATE S1255 hear it—and therefore let the American grant consent or we can withhold con- ity. When Democrats were in the ma- people participate in this discussion. sent. I, for one, am for withholding jority, even they could not get votes on Therefore, let the American people par- consent to the confirmation of another amendments. It is pretty hard to ex- ticipate in this discussion. But let’s liberal on the U.S. Supreme Court. We plain that back home: Yes I am in the also follow the explicit provisions of have seen the types of Justices that majority, but it doesn’t make any dif- the Constitution that require the President Obama has nominated: Jus- ference in terms of my ability to get President to submit a nominee and, I tice Kagan, Justice Sotomayor—clear- things done for the people I represent. believe, require us to at least consider ly on the left in terms of the balance of I actually am very pleased that we it, if not approve. power on the U.S. Supreme Court. To have been working our way through I yield the floor. simply give President Obama the abil- this legislation and other legislation The PRESIDING OFFICER. The ma- ity to appoint somebody who is going that could help advance good policies jority whip. to change the balance of the Supreme that positively impact the lives of the Mr. CORNYN. Madam President, I Court to tilt left for the next 25 or 30 American people on a daily basis. come to the floor to talk about the years is simply unacceptable. Madam President, another effort we pending legislation, which is very im- So it really doesn’t make any dif- have worked on in the Judiciary Com- portant. It actually enjoys broad bipar- ference who the President nominates. I mittee has to do with the intersection tisan support, and I am optimistic we am sure they will be very much in the of mental illness and the criminal jus- can get it done. same mold as the two Justices that he tice system. I recently met with a Before I talk about that, I wish to has already nominated: Justice Kagan number of major county sheriffs, and I comment on some of the things that and Justice Sotomayor. I say that with was introduced to the sheriff of Los have been said on the floor with regard respect to them as people. They are en- Angeles County. He said: I am the larg- to the vacancy created by the death of titled to their opinions just as we are, est mental health provider in the coun- Antonin Scalia. but their decisions make fundamental try—the sheriff of Los Angeles. The First, the Democratic leader, Senator changes in the United States. And it is fact is, after we deinstitutionalized REID, clearly wants to apply a different not just for a term of office; it is lit- people with mental illness, basically set of rules when Republicans are in erally for a generation. We are not there was no safety net for them, no the majority than he did when Demo- going to stand by and allow President continuing treatment for their needs, crats were in the majority. That is Obama—on his way out the door as a so they either end up in jails or living very clear. lameduck President—to change the homeless on our streets. People may get lost in some of the balance of power on the Supreme Court I have introduced legislation, and arcane and convoluted nature of the ar- for the next 25 to 30 years. Chairman GRASSLEY allowed us to have guments we make on the floor, but the Madam President, now to a more a hearing on it. I think it was very in- American people understand hypocrisy pleasant topic. I actually have been en- structive. It was also very interesting. when they see it. Clearly, in 2005, when couraged, despite the disagreement we I say this to my friend from Maine: It President George W. Bush was Presi- have with our friends across the aisle is one of the few times we have actu- dent, Senator REID made this state- on the Supreme Court, to see that ally had a consensus panel of wit- ment: there is interest in actually getting nesses. I think on some committees in The duties of the Senate are set forth in some work done. I hope that does not the Senate that is a common practice, the U.S. Constitution. Nowhere in that docu- cause us to fail to do our duty when it but usually in the Judiciary Com- ment does it say the Senate has a duty to comes to places we agree on, such as mittee things are so polarized that we give Presidential appointees a vote. the Comprehensive Addiction and Re- rarely have a consensus panel. But we We actually agreed with Senator covery Act. did on the issue of mental illness. REID then. But to have him come to This bill has been the result of a lot Reforming our country’s mental the floor and lambaste the chairman of of hard work and bipartisan discus- health system has become an area of the Judiciary Committee and others in sions. I thank the leadership and chair- real bipartisan consensus as well, along a very personal way is surely beneath man of the Judiciary Committee, Sen- with criminal justice reform. In order the dignity of this body and of any ator GRASSLEY, as he made this a pri- to protect our communities and to get Senator. Somehow the Democratic ority. This wasn’t just for Republicans help to the people with mental illness, leader feels as if the rules that apply to who were proposing we move on this we actually need to act. the rest of us simply don’t apply to legislation. Senator KLOBUCHAR and What has also become clear is that him. He comes to the floor and tries to Senator WHITEHOUSE on the Demo- many people who struggle with mental provoke fights. cratic side, and Senator PORTMAN, Sen- illness suffer from addiction and sub- We actually have some important ator TOOMEY and Senator AYOTTE on stance abuse. In many instances they work to get done, and we will get it the Republican side brought this to ev- self-medicate. They have a mental ill- done on this Comprehensive Addiction eryone’s attention, primarily because ness, they cannot deal with it, they are and Recovery Act, the so-called CARA of the devastating impact of the opioid not getting the prescriptions they need Act. prescription drug abuse problem and from their doctors, so they end up I wish to make another point clear. the heroin problem in their parts of the drinking or taking drugs. These are so- Republicans on the Senate Judiciary country, but it affects the whole coun- called co-occurring disorders. It is esti- Committee agreed in a united way to try. mated that more than 10 million Amer- the same principle that our Democratic I am thankful that the Democratic icans suffer from both addiction and colleagues have argued for decades. leadership understands that this legis- mental health disorders—co-occurring During an election year, a Supreme lation should not be taken as a par- disorders. Unfortunately, many mental Court nominee should not be con- tisan hostage because it is about help- health services such as specialty firmed. I previously had spoken about ing to restore communities and fami- courts—drug courts, veterans courts, Senator JOE BIDEN making that point lies from the effects of drug addiction and the like—have operated on sepa- when he was chairman of the Judiciary and it is about stemming the tide of a rate tracks and treat only one aspect Committee back in 1992. In 2005, Sen- massive epidemic of opioid drug use of the problem. Someone with a history ator REID made that point. In 2007, and addiction that continues to claim of drug abuse and mental illness may Senator SCHUMER, the heir apparent to lives across the country. It is an exam- be sent to a drug court where their the Democratic leadership, made the ple of how in the 114th Congress, since mental health needs are not taken into same point. But, again, they feel that the beginning of last year, we have ac- account. By definition, a drug court now the rules should apply differently tually been able to work together with deals with people with drug problems, under a Democratic majority than they our colleagues across the aisle. not necessarily mental health issues. do under a Republican majority. Before that, under the leadership of When that happens, the underlying We are not a rubberstamp for the the Senator from Nevada, this institu- problem isn’t addressed at all. President of the United States. The tion was deadlocked. It wasn’t just I have submitted an amendment to Constitution says as much. We can when Republicans were in the major- this legislation that will address this

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It problems are not seen and treated for President has even chosen a nominee is got so bad that the dictionary even cre- just one of those problems. It seems as a dereliction of our most basic duty to ated a new word. The word was to if it makes sense. faithfully serve our country. ‘‘bork’’ someone. It means to obstruct It would also expand substance abuse Some of my colleagues have been someone by ‘‘systematically defaming and transitional services to help people steadfast in promising they would not or vilifying’’ them. suffering from co-occurring disorders meet with a nominee, let alone hold a Then, in 1992, Senate JOE BIDEN came to receive the appropriate treatment hearing or allow a vote—would not down to floor of the Senate to explain they need in order to get back on their even meet. Common sense tells you his rule, the Biden rule, for Supreme feet. that is not right. I hope they will re- Court nominations. He said that once This amendment has been cospon- consider their position. the Presidential election is underway, sored by the chairman of the Health, U.S. Senators, myself included, were ‘‘action on a Supreme Court nomina- Education, Labor, and Pensions Com- elected to do a job, to do a job for our tion must be put off until after the mittee, the senior Senator from Ten- Nation—not only when it is conven- election campaign is over.’’ That is the nessee, whom I thank for his important ient, but every day, every day we have Biden rule. contribution to this effort. It also has been hired by the people back home to You can’t get any clearer than that. the support of many stakeholders work here to stand for our country. JOE BIDEN was the chairman of the around the country, including the Na- That job includes considering and vot- Senate Judiciary Committee at that tional Alliance on Mental Illness and ing on nominees to the Supreme Court. time when he announced the Biden the National Association of Police Or- Let’s do the job we were elected to do. rule. You know, he was not all that ganizations. Madam President, I yield the floor. worried about having only eight Jus- I hope, when the time comes, our col- Mr. KING. Madam President, I sug- tices for a while. Senator BIDEN said leagues will support this amendment as gest the absence of a quorum. that a temporary vacancy on the Court a commonsense measure that will help The PRESIDING OFFICER. The ‘‘was quite minor compared to the cost those suffering from both mental clerk will call the roll. that a nominee, the President, the Sen- health and addiction problems, and I The legislative clerk proceeded to ate, and our nation would have to pay believe it will make the underlying bill call the roll. for what would assuredly be a bitter that much stronger. Mr. BARRASSO. Madam President, I fight.’’ I yield the floor. ask unanimous consent that the order Well, if the fight would have been bit- The PRESIDING OFFICER. The Sen- for the quorum call be rescinded. ter in 1992, it would be even worse ator from Indiana. The PRESIDING OFFICER. Without today. Today, we have had another 24 years of Democrats continuing to po- FILLING THE SUPREME COURT VACANCY objection, it is so ordered. liticize the process. Just days after Mr. DONNELLY. Madam President, I Mr. BARRASSO. Madam President, George W. Bush became President, Sen- rise today to talk about the vacancy on there has been a great deal of discus- ate Democrats vowed that they would the U.S. Supreme Court. Following the sion on the floor of the Senate about use—in their words—‘‘whatever means passing of Supreme Court Justice the current vacancy on the Supreme necessary’’ to block the President’s ju- Antonin Scalia—and our condolences Court. Democrats want to fill it imme- diately. Republicans are much more in- dicial nominations. to his family and our gratitude for all Democrats went so far as to try to terested in making sure the American his hard work on behalf of his coun- filibuster a Supreme Court nominee. people have an opportunity to weigh in try—the time has now come for the That was the first time in the history on this very important decision. President to nominate a new Justice of the Senate that they ever tried to This is a lifetime appointment—a and for the Senate to do its job and to filibuster a Supreme Court nominee. It lifetime appointment—and the stakes review, consider, and either confirm or was the nomination of Justice Alito in could not be higher for our country. So reject the President’s nominee. That is 2006. The Democrats failed. Even our job. it is perfectly reasonable to wait for though they failed, it set a new prece- Hoosiers don’t ask much, but they do the next President to make this crit- dent. expect common sense. Do your job; ical nomination. It is also exactly the Some of the leaders of that filibuster treat people fairly. That is what we ex- precedent that Democrats in this body, were Senator Barack Obama, now pect from neighbors, friends, and fam- in the Senate, created for situations President; Senator Hillary Clinton, ily, and it is certainly what we expect just like this one. then-Secretary of State, now-Presi- from those elected to serve us in Wash- First of all, let’s remember it is not dential candidate; and Senator JOE ington. uncommon for there to be a vacancy on BIDEN, now-Vice President of the Back home in Indiana, we have a the Court. Sometimes the seat can be United States. Senator REID voted to proud tradition of Senators who have empty for even more than a year. filibuster as did current Senators DUR- embodied that approach by looking be- There are eight Justices now. Two of BIN, LEAHY, and SCHUMER, all part of yond partisanship and giving full and them have already said they can han- the filibuster of the Supreme Court fair consideration to a President’s dle the work that is available in front nomination of Justice Alito by George nominee. They don’t have to vote yes, of them now with the seat vacant. W. Bush. they don’t have to vote no, but we Justice Alito said so, as did Justice That is the history of how our con- should at least listen and do our job. Breyer. Now Justice Breyer, of course, firmation process became so political; That is what the people of Indiana was appointed by President Clinton. that is, three decades of Democrats po- elected me to do. That is what people When Justice Breyer was asked the liticizing the process. That is the across the country elect my colleagues other day about the death of Justice precedent for where we are today. in the Senate to do, even when the tim- Scalia, he said: ‘‘We’ll miss him, but Those are the rules we will follow ing is inconvenient for one side or the we’ll do our work.’’ He has said: ‘‘For today. other. the most part, it will not change.’’ So On top of all of that, President The confirmation of a Supreme Court there is no urgency to fill this vacancy Obama has spent 7 years ignoring Con- Justice should not be taken lightly, on the Supreme Court right now. gress. He has made the confirmation and it deserves careful consideration Second, we should acknowledge that process more confrontational and more and open debate. the process of nominating and con- contentious every step along the way. Senators, using their best judgment, firming a Supreme Court Justice has The President illegally made what he are free to ultimately reject whomever become very partisan. It has also be- called recess appointments to the Na- the President nominates. But to refuse come very political. Some Democrats tional Labor Relations Board. He even

VerDate Sep 11 2014 03:00 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.021 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 3, 2016 CONGRESSIONAL RECORD — SENATE S1257 did it though Congress was not in re- after the Presidential campaign had self. The deadlocked Court failed to cess. begun. Democrats could have said no rule on whether special needs children I use the word ‘‘illegal’’ because the hearing, no committee work, no vote, must first attend public school before Supreme Court struck down this action no consideration by the full Senate, they receive tuition reimbursements to by President Obama. The vote was 9 to but that didn’t happen. The nomina- attend a private school better equipped 0 that the President acted illegally. tions were processed and they were to help them learn. This meant courts Even Democrats in Congress have said confirmed. in different States treated these chil- they think the President has gone too So why is it so important that we do dren differently. The issue was eventu- far with some of his Executive actions. our job? Why is an eight-member Court ally resolved, 2 years later—2 vital So it is clear that Senate Democrats unable to function to the highest and years of schooling that children may and President Obama have been inject- best use of the U.S. Supreme Court? have missed out on. ing politics into the confirmation proc- Ties in the Supreme Court create un- No. 5, in 1987, before Justice Kennedy ess for many years. certainty in the law. Important legal took his seat, the Court heard U.S. v. Today they seem to wish that they questions go unanswered. The law var- Carpenter and Winans. The case, which hadn’t done it. Well, these are the rules ies then, throughout the country, and came in advance of that year’s stock they wrote and these are the standards people and businesses often fail to re- market crash, involved defendants con- they set. The Senate will follow these ceive justice. I wish to review just victed of securities fraud based on alle- rules. We should wait until next year some of the examples where an incom- gations they misused information from to take up this important decision. Let plete Court was unable to levy justice. a Wall Street Journal investment ad- the American people consider it as part There are several examples of the im- vice column. The Supreme Court failed of deciding who to support in Novem- portance of nine Justices, if one looks to determine whether the action could ber. Let the new President make this at recusals over the past few years. be a basis for prosecution. The law was lasting decision without the political No. 1, in 2010, Justice Kagan recused left unclear for 10 years, during which influence of the election hanging over herself from Flores-Villar v. United time some lower courts overturned it. It is not the job of the U.S. Senate States. This case was going to decide criminal convictions for this sort of to rubberstamp the President’s nomi- whether a United States citizen father fraud. nation. The job of the Senate is to pro- must reside in the United States longer These are just a handful of cases that tect the Constitution and to serve the than a United States citizen mother in illustrate how an incomplete Court American people. That is the oath order to confer citizenship to his child can’t fulfill its duty and why the Sen- every one of us has taken in this body. born abroad. The court deadlocked 4 to ate must do its job and fairly consider We have a process for nominating and 4. The result is a child in one part of this President’s nominee. To leave the confirming Justices to the Supreme the United States may be considered a Supreme Court in this situation for a Court. It is a system the Democrats citizen while another in the exact same year and some months is, in my view, created and now they should be willing situation in a different judicial circuit unconscionable. to follow the rules they wrote them- may not be a citizen. This issue re- So why is it happening? I actually selves. mains unresolved today. can’t come up with any reason to I yield the floor. No. 2, in 2000, Justice O’Connor refuse to review Obama’s nominee I suggest the absence of a quorum. recused herself from Free v. Abbott other than politics. The only expla- The PRESIDING OFFICER. The Labs. The court should have deter- nation is that Senate Republicans want clerk will call the roll. mined how many plaintiffs in a Federal to deny this President the ability to The bill clerk proceeded to call the class action suit must meet a certain fulfill his constitutional obligations, roll. damage threshold for the case to pro- and this isn’t the only evidence of such Mrs. FEINSTEIN. Madam President, ceed in Federal court. Again, the Court targeted obstruction. It has been a sus- I ask unanimous consent that the order deadlocked 4 to 4. Because the case was tained course of action for more than a for the quorum call be rescinded. left undecided, a later Eighth Circuit decade now. The PRESIDING OFFICER. Without case—the circuit covering Iowa and During the Clinton administration, objection, it is so ordered. other Midwest States—was thrown out. more than 60 nominees to the Federal Mrs. FEINSTEIN. Madam President, That meant 30,000 individuals claiming courts were blocked by a Republican I rise to speak for the second time damages from a nearby refinery were Senate. Many weren’t even given a about the Supreme Court vacancy, and denied justice in the Federal court; hearing. A comparison with the final I do so not callously, not spontane- this, even though the company admit- years of President Bush’s term is par- ously but after 23 years of service on ted releasing lead and other pollutants ticularly telling. In the 2 final years of the committee. I like to believe I have into the air. The issue was resolved by the Bush Presidency, the Democrat- some experience and some knowledge another Supreme Court case, but it was ically controlled Senate confirmed 68 about how these matters have been 5 years later and that was little con- judicial nominees. That included 10 handled in the past. solation to families who didn’t receive confirmations in September of his final I truly believe we have an obligation justice in Federal court in the interim year in office. So 8 months from now, to consider a President’s judicial nomi- period. back in the Bush years, the Democrats nees no matter when, and I wish to No. 3, in 2007, Chief Justice Roberts in control were confirming Bush ap- speak about why that duty is so impor- recused himself from Warner-Lambert pointments. So far, over President tant—particularly for the Supreme v. Kent. This case was meant to decide Obama’s final 2 years, Republicans Court—and the consequences of not ful- whether individuals can sue for injuries have allowed confirmation votes on filling it. To be very candid, I am caused by defective pharmaceuticals only 16 judicial nominees. Think about shocked at the supreme nature of what when the drugmaker allegedly hid in- that—11 confirmations in President is happening because of what I believe formation from Federal regulators. The Obama’s second-to-last year versus 10 its impact is going to be in the next 4-to-4 tie in that case failed to clarify confirmations just 4 months before year. the law, which still varies across the President Bush left the White House. I Since the Judiciary Committee start- country today. think the inequality here must sink in. ed holding hearings on Supreme Court Let me give an example. Plaintiffs in People must begin to understand that. nominations in 1916, not a single nomi- the Sixth Circuit are now unable to sue The length of the process has also nee for a vacancy has been denied a for personal injury in this situation, ballooned. Under President Bush, the hearing—ever. Even during Presi- while individuals harmed in the same median number of days between com- dential election years, the Senate has way by the same drug in States cov- mittee and floor votes was 14 days—2 done its job. ered by the Second Circuit are allowed weeks—for circuit court nominees and In 1988, President Reagan’s final year to do so. 19 days—3 weeks—for district court in office, Senate Democrats confirmed No. 4, in another case in 2007, New nominees. Justice Kennedy. Three years later, York City Board of Education versus For President Obama, the cor- 1991, Justice Thomas was confirmed Tom F., Justice Kennedy recused him- responding length between committee

VerDate Sep 11 2014 01:35 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.024 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1258 CONGRESSIONAL RECORD — SENATE March 3, 2016 and floor votes for circuit court nomi- certainly delayed way past that point. emergency rooms are being filled with nees was 84 days—21⁄2 months—and for I think to deny this goes against both people who are overdosing or abusing district court nominees, 98 days. So we the spirit and the letter of our duties drugs. I have been to three different see immediately the difference between as spelled out in the Constitution of hospitals in our State that are doing how the sides are handling judicial ap- the United States. amazing things to care for those babies pointments of a President that may Once again, I would say, please, Re- who are being born with addictions. have been in the other party. publicans in this House, do your job. There has been a huge increase in my Most of these nominees were eventu- Madam President, I yield the floor. State of babies who were born with an ally confirmed by unanimous or near- I suggest the absence of a quorum. addiction to opiates because of their unanimous votes. So that shows no The PRESIDING OFFICER. The mothers being addicted during the need for extended delays. There were clerk will call the roll. pregnancy. They have to take these ba- no problems with the nominees to de- The bill clerk proceeded to call the bies—some of whom are so small they serve extended delays. When President roll. can fit into the palm of your hand— Bush left office, there were 34 vacan- Mr. PORTMAN. Madam President, I through the withdrawal process. We cies. That is a vacancy rate of 3.9 per- ask unanimous consent that the order don’t know what the long-term con- cent. Today there are more than 81 ju- for the quorum call be rescinded. sequences are for many of these babies dicial vacancies, nearly 10 percent of The PRESIDING OFFICER. Without because this is such a new issue, but we all article III judges. objection, it is so ordered. know this is something that is tearing Republicans have clearly decided not Mr. PORTMAN. Madam President, I at our communities. It is time to ad- to do their job, and the American jus- am pleased to see that on the floor we dress this issue. There has been a rec- tice system is going to suffer for it. continue to make progress on the Com- ognition of that, and I am very encour- One thing I don’t like to do or make prehensive Addiction and Recovery aged by the progress we have made this is anything that can be described as a Act. The legislation before us today, week on this legislation. I hope we can threat, but I will be candid with you yesterday, and this week has been find a way to get to the final amend- because I don’t think I am a firebrand. about how to deal with this growing ments and get the legislation passed I don’t think I am that partisan, but problem we have around the country. because it is urgent we deal with this. It is at epidemic levels of heroin and when this is done with the Supreme The House of Representatives has prescription drug abuse, addiction, and Court, it signals a whole other level of their own legislation. It is also called overdoses. malevolent obstruction. One thing I CARA—Comprehensive Addiction and Today, while we are talking about have learned in my 20 years is what Recovery Act. It is bipartisan also. We this legislation on the floor of the Sen- goes around comes around. believe if we can pass this bill with a ate, we expect over 100 Americans will To do this, to keep this seat vacant strong vote—and we had an 89-to-0 vote die—die from overdoses of addiction, for over a year because it is the fourth to get on the bill itself to move to the overdoses of heroin or prescription year of President Obama’s term makes legislation, which was very encour- no sense at all. As I said, it is uncon- drugs. This is a problem that doesn’t aging—Senator WHITEHOUSE and I be- just affect my State of Ohio, although scionable. If you don’t think an eight- lieve we will get a strong vote in the we are one of those States that is most member Court is a problem, you really House as well, and we can get it to the severely impacted. It affects every sin- don’t need to take my word for it. Let’s President’s desk for his signature and gle State represented by everyone in listen to the Justices themselves. Jus- begin to reverse this trend. tice Scalia, in deciding not to recuse this Chamber. That is why, over the himself from a case in 2004, said the past few years, you have seen this body The legislation is something that Court would be ‘‘unable to resolve the together, Republicans and Democrats went through a unique process around significant legal issue presented by the alike, to address the problem. here, which is bipartisan or even non- partisan from the start and a process of case.’’ He pointed to the Court’s own Senator WHITEHOUSE and I have been recusal policy, which remains in effect the coauthors of this effort, but so bringing in experts from all around the today. It says that ‘‘even one unneces- many others have been involved. Sen- country. Rather than us saying we know all the answers, we are going to sary recusal’’ limits the Court’s ability ator AYOTTE, Senator KLOBUCHAR, Sen- write this legislation, we said let’s hear to function. ator FEINSTEIN—who is on the floor One can interpret from that that by right now—have been supportive of the from others. Senator WHITEHOUSE and not doing their job, the Republican side legislation but also improved the legis- I, Senator AYOTTE, Senator KLOBUCHAR of this aisle is certainly limiting the lation with an amendment which was and others held a series of summits Court’s ability to function. I am not accepted earlier this week dealing with here in Washington. We brought in peo- sure the other side should want that on the international drug cartels. There is ple. Many of us have done this in our their shoulders. I am not sure what an effort in this body to take on this States as well, but here in Washington may come up this next year—the de- issue, not in a partisan way but in a to- alone we had five of these conferences gree to which justice would be denied tally nonpartisan way. in 2014 and 2015. We brought experts in in a 4-to-4 Court, but justice would cer- Last week I was in Ohio meeting from around the country, but we also tainly be denied, and it is probably with groups, talking about various relied on expertise from the adminis- going to happen. issues. Every single place I went this tration. Judge Rehnquist said it in 1972—when issue came up. I was on a plant tour, In April of 2014, we held a forum on he warned that a divided Court ‘‘would and people talked to me about it. We criminal justice and how it is affected lay down one rule in Athens, and an- had a townhall meeting at that fac- by this issue and treatment and alter- other rule in Rome.’’ tory. At the end of the townhall meet- natives to incarceration. One of the So here is the conclusion. A Presi- ing—after talking about taxes, energy, things this legislation does is it en- dent is elected to a 4-year term—both health care policy, and other issues—I courages diversion out of the criminal sides of this aisle know that—but asked for a simple show of hands of justice system for those who are ad- today Republicans are in effect saying how many people have been affected dicts and gets them into treatment. It that a Democratic President only gets where their families or friends have was an excellent forum. It featured Mi- 3 years of judicial confirmations if a been affected by this new opiate addic- chael Botticelli. In my view, he has Supreme Court vacancy comes before tion issue, heroin and prescription been a very effective Director of the it. That is not what the Constitution drugs. Half the hands in the room went Office of National Drug Control Policy. says. All of us swore an oath to fulfill up. They went up because this is some- He is called the drug czar. This is with- the Constitution, and I truly hope my thing that is tearing at our families in the White House. Republican colleagues will stop, will and our communities. It is devastating Michael Botticelli came as a rep- think about this, will think about what so many of our communities. The cost resentative of the White House but so will happen next year if this President to the taxpayers is also tremendous. did a representative from the Drug En- is denied this appointment for the re- I went to a hospital and what they forcement Agency and gave his great mainder of this year and a judgeship is wanted to talk about was how the input.

VerDate Sep 11 2014 01:35 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.025 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 3, 2016 CONGRESSIONAL RECORD — SENATE S1259 In July of 2014, we held another given us a lot of guidance, but that in- lion of additional spending. That $120 forum. This was on how women are im- cluded the expertise of these experts in million of additional spending is tar- pacted by this drug epidemic, looking the Obama administration. I am appre- geted on ways to spend the money at addiction and treatment responses. ciative for that expertise and for their more wisely through CARA because we We talked about pregnant women being support of our efforts. worked with the appropriators and the addicted and their babies. Again, this Because it was such an inclusive Judiciary Committee to ensure that forum featured Michael Botticelli, who process, because it was a bipartisan was the case. is Director of the White House Office of process, because of the encouragement Again, having said that, I would have Drug Control Policy. and the assistance we received from loved to have seen more funding over In December 2014, at the end of the the drug experts in the Obama adminis- and beyond that provided by an amend- year, we held another forum. This was tration, when we introduced this bill, ment that was offered by my colleague on the science of addiction and how we we actually said: OK. Here is our final Senator SHAHEEN yesterday because I can potentially address the collateral product. After the back-and-forth on think that would have helped even consequences of addiction. This forum all the legislative language and with more, but that doesn’t mean we featured Dr. Nora Volkow, Director of all the experts, this bill received a lot shouldn’t strongly support the under- the National Institute on Drug Abuse of support immediately on a bipartisan lying CARA bill. In fact, my colleagues in the Obama administration. It also basis. who endorsed it and voted with us, as included the Department of Justice and As I said earlier, indeed, 130 national well as my coauthor Senator WHITE- Substance Abuse and Mental Health anti-drug groups now support it in part HOUSE and others, agree with that be- Services Administration officials. because they helped write it, in part cause this bipartisan bill ensures that SAMHSA was there. DOJ was there. By because some of those who might not more Federal resources will be devoted the way, again, Director Botticelli was have been intimately involved in the to evidence-based education, treat- there as well. I appreciate him coming process are looking at this problem and ment, and recovery programs that we to that forum, which was very helpful realizing this is a solution that will know actually work. It is not just to us. really help. throwing money at the problem. This Last year, in April of 2015, we held a We also have dozens of groups from is actually legislation that we know forum on our youth and how we can my home State of Ohio that support it, works to address the problem based on better promote drug prevention as well in addition to the 130 national groups, all the background I just mentioned as to develop communities of recovery from the Fraternal Order of Police to about getting all the expertise. for those who are suffering from addic- the National Attorneys General Asso- Again, these groups out there that tion. Prevention and education is a big ciation, to the folks who are involved are in the trenches every day working part of our legislation. Clearly, we need day-to-day in helping to deal with this on this issue are the ones who will tell to do a better job to get people to make issue at their local level. you why it is going to work, but what the right decisions to avoid getting I believe it was the day before yester- they will say is it is going to help these into the funnel of addiction in the first day that we received a Statement of young mothers battling addiction. It place. This forum featured officials Administration Policy from the polit- will help those veterans who return from the Office of National Drug Con- ical officials at the White House on the home from duty and desperately need trol Policy in the Obama administra- CARA bill, and I have talked about our help. It will help young people tion. It also had officials from the Na- how the administration and their ex- make the right decision. It will help tional Institute on Drug Abuse. perts have been so helpful, but despite that teenager struggling with drug Lastly, in July of 2015, we held a all the work they have done to support abuse. It will help in terms of dealing forum on the impact of substance this bill, the White House did not issue with this problem we have right now abuse and PTSD on our veterans. It fo- a Statement of Administration Policy where people can’t get treatment be- cused a lot on the issue of addiction that supported the legislation. It didn’t cause there is not enough access to and the high rates we see sometimes of oppose the legislation, but instead it treatment. It will help in terms of en- mental health and addiction coming said that the drug epidemic would not suring that we get prescription drugs from some of our returning veterans. be greatly affected by this legislation off the bathroom shelves so they are This forum featured one of the giants unless there was substantial new fund- not being used to get people addicted in this field, GEN Barry McCaffrey. ing provided. This is kind of incredible to opioids and then move on to heroin. General McCaffrey and I have worked given that this is the legislation we all It will be helpful to ensure that we together since his days as Director of worked on together. I know there is a have a drug monitoring program na- the Office of National Drug Control difference between the political folks tionally so we know who is being over- Policy in the Clinton administration. at the White House and the people who prescribed and who is not. These are He is not just a giant in this field, but actually know the issue and are ex- changes in law that are part of this leg- he gave us great input as to how to perts on the issue, but I hope we can islation. Again, I thank the experts in the write good legislation to help us with get a strong statement of administra- Obama administration who deal with regard to veterans courts, which we tion support for a bill that was drafted this issue every day and strongly sup- have as part of this legislation where with them on a bipartisan basis with port CARA. On January 27, 2016—so at veterans can get the help they need to myself, Senator WHITEHOUSE, Senator the end of January this year—the Judi- get their lives back on track. That KLOBUCHAR, and others, but we will see. ciary Committee held a hearing on our forum also featured officials from the I support additional funding over and bill. I was able to testify, as well as Department of Defense, Department of above the $80 million of new funding others, including experts. Here is what Veterans Affairs, and the Office of Na- that CARA provides for, and not just some of the leading administration ex- tional Drug Control Policy. for this year but for next year and the From all these participants in this year after that and the year after that. perts said. First, Michael Botticelli— process, we received a lot of great feed- It is an authorization bill that is ex- again, a guy who I think has been a back. It helped guide us as we wrote tremely important. I supported the very effective Director of the Office of this legislation. In fact, we went back Shaheen amendment yesterday, but it National Drug Control Policy at the and forth with legislative language is factually wrong to say, as some of White House—said: with all these experts in the Obama ad- my colleagues have claimed and the There is clear evidence that a comprehen- ministration, as well as experts from White House seems to be saying, that sive response looking at multidimensional aspects of this that are embedded in the around the country. This legislation is there is not funding for these CARA CARA Act are tremendously important. We supported by over 130 groups—includ- programs. In fact, we have already ap- know we need to do more, and I think that ing those representing people who were propriated, as my colleagues know, sig- all of those components put forward in the in the trenches—providing treatment, nificantly more spending for this bill are critically important to make head- providing services on prevention, law opioid problem for this fiscal year that way in terms of this epidemic. enforcement, and doctors. Those who we are in. Not a penny of that has been Again, that was the Director of are involved directly in this issue have spent yet, by the way—over $120 mil- ONDCP.

VerDate Sep 11 2014 01:35 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.027 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1260 CONGRESSIONAL RECORD — SENATE March 3, 2016 Dr. Nora Volkow, the Director of the Senate vote in relation to the Manchin Renee Benjamin was 30 years old administration’s National Institute on amendment No. 3420; and that there be when she was killed. Her friend remem- Drug Abuse, and a real expert, said: no second-degree amendments in order bered her by saying that ‘‘she’s smart, We support the comprehensive program de- to the amendment prior to the vote. she’s beautiful. She was dedicated to lineated, and it is one of the strategies to ad- The PRESIDING OFFICER. Is there Excel. She loved that job. She loved dress the problem. objection? the people. I remember the way she Here is Ms. Kana Enomoto. She is the Without objection, it is so ordered. loved people.’’ Acting Administrator of SAMSHA, the The Senator from Connecticut. ‘‘If you ever saw someone smile from Substance Abuse and Mental Health GUN VIOLENCE the inside out, she was an inside out Services Administration. She said: Mr. MURPHY. Madam President, last person,’’ one of her friends remem- At SAMSHA we are so excited to be able to Thursday I was on the floor honoring bered. implement programs like medication-as- the victims of the mass shooting in Another friend said: sisted treatment, prescription drug and Kalamazoo, MI, another shooting spree She is a person who always gave her all opioid addiction, which Congress appro- that left six people dead and two others into whatever she did and whoever she loved. priated in 2015 and then another increase in injured, and on that very same day an- She was so smart, but shy about it. She was 2016, which is very similar to some of the other shooting spree broke out in Kan- so funny, so beautiful, inside and out. She programs that were described in the CARA was my best friend. We shared everything. Act. Thank you, Senator Whitehouse, for sas that forever changed another town—another community in this We shared a life. . . . All she wanted was to your leadership on this issue and continued love and be loved. support of our mission. We believe that the country like the change that has over- public health approach of the CARA Act is come Sandy Hook, CT, since that fate- Josh Higbee was just a year older. He vitally important to moving forward on this ful day in December of 2012. was 31. People who knew Josh said he issue. This was a shooting spree in Kansas was a loving, hard-working man. He The next statement I have is by Mr. that spanned several miles in nearly 30 loved to fish and spend time with his fi- Milione. He is the Deputy Assistant minutes. Three people were killed. It ance and his 4-year-old son. His older Administrator for the Drug Enforce- could have been a lot more. Fourteen brother said that Josh was ‘‘ ‘Mr. Fix- ment Administration Office of Diver- were wounded. The shooting spree took It.’ He loved tractors and toy cars, any- sion Control. He said: place in two locations as well as the thing automotive. He was a car guy. He I am happy to work with you or anyone on Kansas workplace. liked to work with his hands.’’ any legislation that will help with this epi- The gunman had multiple felony con- His sister-in-law said that Josh was demic. victions which prohibited him from ‘‘taught to be a very loving, kind man. Again, I am thankful for these ex- buying a firearm, but he used his He has a son that he adores, takes care perts in the Obama administration who former girlfriend as a straw purchaser of. . . . Josh would give you the shirt have put politics aside to work to sup- to buy yet another military-style semi- off his back and worked long, hard port CARA. They helped us to come up automatic weapon that he used in the hours to take care of his family.’’ with better legislation, and they sup- shootings. It sounds a lot like many of We pay a lot of attention to these port it because they know it will help the other shootings I talked about on victims of mass shootings because they support education and prevention so we the floor. tend to make the news. We see them on can stop drug abuse before it begins. As has been the case, I try to come TV, but every single day there are 86 They support CARA because they know down to the floor, seemingly every people who are being killed by guns. A it will help with treatment and recov- week, to tell the stories of who these lot of them are suicides, but many of ery and will help to reduce overdoses victims are because the numbers don’t them are homicides. It is happening all which will help to save lives. They sup- seem to be moving my colleagues— across this country, and not all of port CARA because they know it will 31,000 a year, 2,600 a month, and 86 a them make the national news. help our veterans as well as women and day are being killed by guns in this Andre Lamont O’Neal, Jr., died ear- babies who are suffering from addic- country. My hope is that by learning lier this year in Louisville, KY. Andre tion. They also support CARA because who these people are and learning the was 8 years old and his babysitter was they know there are more than 130 na- ripples of tragedy that unfold after a grilling and also had a gun in his pock- tional groups out there that under- family member is killed by guns, that et. He had slippery fingers, and when stand the importance of this bill and maybe that psychology and connection he attempted to remove the gun from support it, including the National As- to the emotion of these shootings will his pocket, it accidentally fired. It sociation of Addiction Treatment Pro- move my colleagues to do something— struck Andre’s arm and chest. His viders, Faces and Voices of Recovery, anything at this point—to address this babysitter panicked and apparently put Children’s Health, Children’s Hospital epidemic. Andre in a car and took him to a near- Association, the Partnership for Drug- Brian Sadowsky was 44 years old by hospital, but it was too late. Free Kids, Fraternal Order of Police— when he was killed in the shooting. He Andre’s father, as you can imagine, again, I thank our law enforcement for was one of three people who were killed was overwhelmed. He was ‘‘a good lit- stepping up on this—the National Dis- at their workplace, Excel Industries, in tle boy,’’ he told reporters. trict Attorneys Association, and the Hesston, KS. Brian was remembered by A few weeks later, Nicholas Hawkins, Major Counties Sheriff’s Association. his coworkers as a very outgoing guy 19 years old and from Winfield, AL, I understand that some folks in who was always telling jokes, always told his mother that someone was try- Washington like to play politics with fun to be around, and had a biting ing to kill him. That was the last time everything around here, but politics sense of humor. He rabidly rooted for anybody heard from Nicholas. Four has never been a part of this bill. It has the Pittsburgh Steelers. He wore Pitts- days later his body was found shot to been inclusive from the start and it has burgh Steelers paraphernalia and gear death. been bipartisan from the start. We are to work almost every day. He would He left high school because of bul- here to help those suffering from addic- drop whatever he was doing in order to lying and was only 2 weeks away from tion and to save lives, and that is ex- help his friends who were in need. completing his GED. He intended to go actly what this measure will do. Let’s A friend of Brian’s remembered him into cosmetology or a related field. He get on with it and pass this legislation as being ‘‘a little rough around the loved to dance, sing, write music, and so we can get it to the President’s desk edges’’ at times, but he was the kind play guitar. He was good with hair and for signature and it can begin to help. soul who was ‘‘always there to help. He makeup and described as very funny, I yield back. was a big teddy bear once you got to quirky, and had a bubbly personality. The PRESIDING OFFICER. The ma- know him.’’ His friends said he often stole the jority leader. His friends said he was a recovering show. Mr. MCCONNELL. Madam President, addict who was clean and sober for Every day 86 people die in this coun- I ask unanimous consent that it be in many years and was instrumental in try. You don’t hear about all of them order to call up Manchin amendment helping a lot of others overcome addic- because this has just kind of become No. 3420; that at 1:45 p.m. today the tion. the wallpaper of American news.

VerDate Sep 11 2014 03:42 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.028 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 3, 2016 CONGRESSIONAL RECORD — SENATE S1261 Shootings have become routine. This selves. Some people live in violent against international law and support doesn’t happen anywhere else in the places. Some people live in very iso- terrorism and the funneling of weapons world, and I just want to finish by talk- lated places, and they have made that to some terrorist groups that can do ing a little bit about this unfortunate, choice, and that is theirs to make. Of harm to the United States as well as to tragic American exceptionalism. course, there are millions of Americans our allies and partners abroad. America has 4.4 percent of the who own weapons in order to hunt, in Mr. President, I also want to talk world’s population, but we have 42 per- order to shoot for sport, a pastime they about the Comprehensive Addiction cent of the civilian-owned guns in the enjoy and have the right to. But they and Recovery Act. Hopefully, we will world. We have 4 percent of the popu- should purchase those weapons with vote today in support of it. It is a great lation, but nearly half of all of the the understanding that there is no data bipartisan bill. I am privileged to have guns are in this country. It used to be that tells them they are safer with a worked on it as a member of the Judi- that about half of Americans own guns. weapon in their arm, no data that sug- ciary Committee. I thank all of the Today only about one-third of Ameri- gests that the more guns you have in a members of that committee and others, cans own guns, but a small number of particular place, the less likely there most especially Senator WHITEHOUSE Americans own a lot of weapons. There are to be homicides and gun deaths. It and Senator LEAHY, for incorporating are more high-powered guns, like the is exactly the opposite. provisions that I have helped to offer in one that was used in Kansas, than ever Every single day there are 86 people this bill. before. who are killed in this country from We heard from our colleagues around Why does this matter? Well, it is be- guns, 2,600 a month, 31,000 a year—an- the country about the public health cause the United States also has more other mass shooting in Kansas, another crisis that we face today. It is more gun deaths than any other nation in one in Kalamazoo. My entire point is than a crisis. It is a hurricane—almost the developed world, and it is not even just to say that at some point we have like a public health hurricane—a nat- close. This chart shows the figures of to recognize that our silence has be- ural disaster that requires us to act homicides by firearm per 1 million peo- come complicity in these murders. If now. Abuse and addiction are crippling ple. Australia, New Zealand, and Ger- we are not willing to forge political our communities, shattering our fami- many have less than two. Switzerland consensus in this session on legislation lies, carrying enormous financial and gets all the way up to 7.7. In the United that changes gun laws, then at least human costs. The overdose deaths have States it is 29.7. There is no other coun- let’s make a commitment to fix our steadily increased. They now surpass try in the world that comes close to mental health system to make sure law automobile accidents as the leading the United States when it comes to the enforcement has the resources they cause of injury-related deaths for number of homicides in this country. need, to make sure we make straw pur- Americans between the age of 25 and This isn’t aggregate numbers. This is chasing illegal so the method by which 64. per 1 million people. the shooter in Kansas got the gun has The United States consumes over 80 The reason I show you these two consequences at the Federal level, po- percent of prescription opioids, even charts is that when you put it to- tentially, as well as at the State level. though we make up only 4.6 percent of gether, it tells a pretty interesting and Let us do something to honor the thou- the world’s population. In Connecticut, simple story. Here is the chart corre- sands of voices of victims that mount I have held roundtables across our lating guns per 100,000 people and gun- by the day. State, and I hear again and again the related deaths per 100,000 people. Here Thank you, Mr. President. tragic stories of young people who is the line of correlation. It is a pretty I yield the floor. begin taking powerful painkillers when simple story. The PRESIDING OFFICER (Mr. they break a leg or a wrist in a sports With a handful of outliers such as Ar- SASSE). The Senator from Connecticut. injury or when they have wisdom teeth gentina and Cyprus, the story is that MAHAN AIR removed and they receive a prescrip- the more guns you have in a country, Mr. BLUMENTHAL. Mr. President, I tion for 30 days. They only need 3 days’ the more gun homicides are going to begin by calling attention to a private worth of painkillers, if they need them occur. Here is the United States on the Iranian airline, designated by the U.S. at all. But the overprescription and the line, but it is an outlier in terms of the Department of Treasury for its support abuse that results from it often leads number of guns and the number of for terrorism and funneling of weapons to addiction. deaths—simply an extrapolation of a to Hezbollah and to the Assad regime The gateway to addiction is these story that all of our other first world in Syria. This airline continues to op- powerful painkillers that provide the competitors could tell by themselves. erate and even expand its international beginnings of the problem. One univer- This rebuts this ridiculous mythology business network, despite tough words sity counselor wrote to me recently: by the gun industry, which tells us from the administration. But this kind When I first began this position 14 years that if you have more guns, you are of tough language is insufficient. ago, it was extremely uncommon to be work- going to be safer. The solution in The time to impose sanctions on ing with a student who abused a substance Sandy Hook was just that the Sandy Mahan Air is now. The time to impose besides alcohol. Today, I have a recovery Hook Elementary School didn’t have sanctions on Mahan Air is clearly now. house and a program full of students battling enough firearms. If all the teachers had I have called on the administration in addiction from [prescription opioids]. had weapons, that shooter would have a letter, which I helped to lead and on I have heard from mothers and fami- been killed, and the best way to stop a which I am joined by a number of my lies, from teachers and counselors who shooter from attacking you is to arm colleagues, in late February—February have struggled to find quality sub- yourself. That is not what the evidence 29—to the Secretary of the Treasury. stance abuse treatment programs and tells us. The evidence tells us: The Sanctions might be forthcoming behavioral health services for their more guns there are in a community, against this airline if this body were to loved ones. One mother wrote to me the more people get killed. approve Adam Szubin to be Under Sec- about her two sons. Some 8 years ago, I will show at another time this same retary for Terrorism and Financial In- her oldest son died from a heroin over- chart on a State-by-State basis, and it telligence, but so far we have failed to dose after a prescription program re- will tell you the exact same story. A do so. His confirmation has been leased him early. Her younger son con- State that has more firearms has more blocked. I regret it. Whether or not he tinues to struggle with addiction but gun homicides. You are more likely to is confirmed, sanctions should be im- was recently told by his insurance be the victim of gun violence if you posed on this airline. Mahan Air relies company that he lacked a long enough have a gun in your house than if you on a host of local partners who provide history of substance abuse to qualify don’t have a gun in your house. financial and other services for it to for inpatient treatment. Now, the Second Amendment is an maintain this robust international We must address these problems, and incredibly important, vital, integral flight network. the solution is multifaceted. Sup- piece of the fabric of the U.S. Constitu- So taking this action against Mahan porting law enforcement is part of the tion, and I honor people’s decisions to Air will not only send a signal, it will solution, with resources and with other buy a weapon in order to protect them- end actions by Mahan Air that are measures that will enable interdiction

VerDate Sep 11 2014 01:35 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.029 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1262 CONGRESSIONAL RECORD — SENATE March 3, 2016 of the supplies of heroin and cracking hoods and communities across the States has had an Ambassador to Mex- down on the illicit supplies of pain- country. It is insufficiently available. ico. As we all know, Mexico is our third killers. But law enforcement has told It has skyrocketed in price, and there largest trading partner. Bilateral trade me, as a former colleague, that we are have been shortages. But I have seen totals more than half a trillion dollars. not going to arrest our way out of this how the opioid epidemic has affected, There is more than $1 billion in two- problem. The jails and prisons alone do particularly, our veterans, and often, way trader exchanges between the not provide a solution. again, with overprescriptions in cer- United States and Mexico every day. There is a need for more treatment tain parts of the country. The border States obviously enjoy a and services. I hear that point again We have moved to address that prob- close relationship and robust trade and again and again, but that source of lem. In Wisconsin, for example, and with Mexico. My home State of Ari- solution alone will not be the panacea. with the great help of Senator BALD- zona exports about $9.2 billion in goods There is no one solution. Education for WIN, my colleague on the Veterans’ Af- every year. Arizona has expanded its our doctors and providers and pre- fairs Committee, we have worked to trade relationship with Mexico by re- scribers is part of what is needed. craft legislation that will help contain opening a trade office in Mexico City. Again, alone, no single solution is suf- and cut that abusive prescription of Mexico has reciprocated by opening an ficient. opioids. I believe that this measure office in Arizona. Yet, for more than I want to thank the bill sponsors for will give information to veterans and half of the year, we have not had a rep- incorporating the provision that I the tools they need also to prevent resentative in place with the Mexican wrote with Senator COATS, the Expand- deaths in case of an overdose. Government to deal with issues of mu- ing Access to Prescription Drug Moni- Much of the work of the Veterans’ tual cooperation, issues of importance toring Programs Act. This provision Affairs Committee is focused on the and concern. would allow nurse practitioners and opioid epidemic and the Jason The bilateral relationship between physician assistants to access the in- Simcakoski Memorial Opioid Safety the United States and Mexico is not formation they need. Specifically, they Act we are working to pass into law. the only issue of importance, obvi- would be able to access State prescrip- But safe prescribing of opioids is vital ously, between our two countries. tion drug monitoring programs to con- because many veterans, even when le- Transportation issues, security sult a patient’s prescription opioid his- gitimately prescribed, have serious threats, national resource manage- tory and determine if that patient has pain issues that can lead to abuse once ment, and environmental issues are a history of addiction or is receiving those issues are addressed. just a few of the fronts on which we can multiple prescriptions from multiple So I have filed this amendment that cooperate with Mexico, and such co- sources. It is critical that we recognize would eliminate the requirement that operation requires a close partnership the key role that nurse practitioners veterans pay a copay for naloxone kits between our countries. The longer we and physician assistants play in curb- and for education for providers as to go without an Ambassador there, the ing prescription drug abuse and diver- how to use them. In other words, the more this partnership will suffer. sion. providers will provide education, along The relationship between the United I propose a number of amendments with providing the prescriptions, as to States and Mexico has historically that attack other elements of this how to use the Narcan kits that vet- been important, and previous adminis- problem. I am going to continue to ad- erans could receive without any copay. trations have acknowledged this by ap- vocate for them, whether they are in Naloxone is necessary for those first pointing top-notch candidates to serve the final package or not—and some of responders, and the underlying bill in- as our envoy to Mexico. The current them may well be. I will continue the cludes provisions that would help to nominee to serve in Mexico is no excep- effort to make them real and adopt provide it, but this measure would tion to this historical trend. As a ca- them as law, whether or not they are focus particularly on veterans, where reer member of the Senior Executive included in this measure. the need is great and growing greater. Service, Roberta Jacobson has spent Over and again, we have heard that I wish to point out that the cost of more than three decades working on many struggling with addiction start this measure would be less than $100,000 Latin American policy for Presidents by abusing those prescription drugs per year. The savings in dollars long on both sides of the aisle. She is obvi- after receiving a legitimate prescrip- term would vastly exceed that amount, ously fluent in Spanish. She has earned tion. That is why Senator MARKEY and and the savings in lives more than jus- the respect of her colleagues. I can at- I have submitted amendment No. 3382, tifies this, even without the savings in test to her professionalism and her ex- which would cut down on overpre- dollars. We are talking here about the perience. She was reported out of the scribing opioids by requiring providers, ability to save veterans’ lives. We have Foreign Relations Committee by a vote when they apply for a license from the an obligation to leave no veteran be- of 12 to 7 in November; yet the post DEA to prescribe these controlled sub- hind, to keep faith with our veterans, with Mexico City remains open 3 stances, to first complete education and to make sure that a minimum months later. programs so they are encouraged to amount of spending will enable the sav- Our relationship with Mexico is far adopt responsible prescribing practices. ing of lives. too important to let this post go va- Those practices can be as simple as I appreciate again the work of my cant any longer, particularly when we keeping track and scrutinizing the use colleagues in crafting this bill. I hope have a qualified candidate who has of these painkillers. Every licensee, we will move forward in passing it and been vetted by the Foreign Relations every provider, every nurse practi- that the amendments I have suggested Committee and reported to the Senate tioner, everyone writing out a slip of will be adopted to strengthen it even with a majority of its members. I urge paper that enables somebody to pur- further. the Senate to take up this matter expe- chase these powerful prescription pain- Thank you, Mr. President. ditiously. killers would have to take a course and I yield the floor. I yield back. complete this training. I suggest the absence of a quorum. I suggest the absence of a quorum. In Blumenthal amendment No. 3327, a The PRESIDING OFFICER. The The PRESIDING OFFICER. The separate measure that I am proposing clerk will call the roll. clerk will call the roll. as ranking member of the Veterans’ Af- The senior assistant legislative clerk The legislative clerk proceeded to fairs Committee, there would be better proceeded to call the roll. call the roll. access to naloxone, known as Narcan, Mr. FLAKE. Mr. President, I ask Mr. MANCHIN. Mr. President, I ask by veterans. We have seen how unanimous consent that the order for unanimous consent that the order for naloxone or Narcan is a lifesaver. It the quorum call be rescinded. the quorum call be rescinded. can bring people back from the brink of The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without death. There should be more of it. It objection, it is so ordered. objection, it is so ordered. should be more available to our police, NOMINATION OF ROBERTA JACOBSON AMENDMENT NO. 3420 TO AMENDMENT NO. 3378 firefighters, and first responders on the Mr. FLAKE. Mr. President, it has Mr. MANCHIN. Mr. President, I call streets of Connecticut and in neighbor- now been 7 months since the United up my amendment No. 3420.

VerDate Sep 11 2014 01:35 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.031 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 3, 2016 CONGRESSIONAL RECORD — SENATE S1263 The PRESIDING OFFICER. The that dangerous because it was pre- Enzi Klobuchar Risch Ernst Lankford Rounds clerk will report the amendment. scribed by their doctor. Feinstein Leahy Sasse The legislative clerk read as follows: There is simply too little under- Fischer Lee Schatz The Senator from West Virginia [Mr. standing about the dangers of these Flake Manchin Schumer MANCHIN] proposes an amendment numbered drugs. Too many people get sucked Franken Markey Scott 3420 to amendment No. 3378. Gillibrand McCain Sessions into opioid addiction because they Graham McConnell Shaheen Mr. MANCHIN. Mr. President, I ask don’t understand the risks. Likewise, Grassley Menendez Shelby unanimous consent that the reading of the people close to them don’t recog- Hatch Merkley Stabenow Heinrich Mikulski Sullivan the amendment be dispensed with. nize the signs of addiction or know how Heitkamp Moran Tester The PRESIDING OFFICER. Without to access the resources to help their Heller Murkowski Thune objection, it is so ordered. loved ones. Hirono Murphy Tillis The amendment is as follows: The PRESIDING OFFICER. All time Hoeven Murray Udall Inhofe Paul Vitter (Purpose: To strengthen consumer education for debate has expired. Isakson Perdue Warner about the risks of opioid abuse and addic- Mr. MANCHIN. Mr. President, I ask Johnson Peters Warren tion) unanimous consent for 30 additional Kaine Portman Whitehouse On page 14, line 10, insert ‘‘consumers,’’ King Reed Wicker seconds. Kirk Reid Wyden after ‘‘patients,’’. The PRESIDING OFFICER. Without On page 14, line 12, strike ‘‘prescribed.’’ objection, it is so ordered. NOT VOTING—10 and insert ‘‘prescribed, including opioid and Mr. MANCHIN. I thank Senator MUR- Boxer McCaskill Sanders methadone abuse. Such education and aware- Cornyn Nelson Toomey ness campaigns shall include information on RAY, Senator ALEXANDER, Senator Cruz Roberts the dangers of opioid abuse, how to prevent GRASSLEY, and all the people who have Gardner Rubio opioid abuse including through safe disposal helped me in considering this bipar- The amendment (No. 3420) was agreed of prescription medications and other safety tisan amendment with a bipartisan to. precautions, and detection of early warning piece of legislation. signs of addiction.’’. The PRESIDING OFFICER. The Sen- If we want to stop opioid addiction, ator from New Mexico. On page 16, line 22, strike ‘‘or’’. we ought to start by preventing it. Pre- On page 17, line 2, insert ‘‘or’’ at the end. UNANIMOUS CONSENT REQUEST—EXECUTIVE venting it starts with information and On page 17, between lines 2 and 3, insert CALENDAR the following: education that people do not have Mr. UDALL. Mr. President, I ask ‘‘(C) a sudden increase in opioid-related today. This helps every one of us in all unanimous consent that the Senate deaths, as documented by local data; parts of this great country. proceed to executive session to con- On page 18, line 23, strike ‘‘1997.’’ and in- I yield the floor. sider the following nomination: Cal- sert ‘‘1997, and may also include an evalua- The PRESIDING OFFICER. The tion of the effectiveness at reducing abuse of endar No. 365; that the Senate proceed question occurs on agreeing to the to vote without intervening action or opioids, methadone, or amendment. methamphetamines.’’. debate on the nomination; that if con- Mr. GRASSLEY. I ask for the yeas firmed, the motion to reconsider be Mr. MANCHIN. Mr. President, I rise and nays. today to urge my colleagues to vote in considered made and laid upon the The PRESIDING OFFICER. Is there a table. favor of my amendment No. 3420 to the sufficient second? Comprehensive Addiction and Recov- The PRESIDING OFFICER. Is there There appears to be a sufficient sec- objection? ery Act of 2015. ond. As my colleagues know, our country The Senator from Idaho. The clerk will call the roll. Mr. RISCH. Mr. President, on behalf is facing a prescription drug epidemic. The bill clerk called the roll. Every one of our States—all 50—is hav- of myself and Senator RUBIO, from the Mr. THUNE. The following Senators great State of Florida, I object. ing a horrific problem. The CARA Act are necessarily absent: the Senator that we are working on and are about The PRESIDING OFFICER. Objec- from Texas (Mr. CORNYN), the Senator tion is heard. to pass is a good start to addressing from Texas (Mr. CRUZ), the Senator this crisis, which is why I am a proud The Senator from New Mexico. from Colorado (Mr. GARDNER), the Sen- Mr. UDALL. Mr. President, I ask cosponsor. ator from Kansas (Mr. ROBERTS), the My amendment simply does what you unanimous consent to be recognized in Senator from Florida (Mr. RUBIO), and morning business for such time as I would think common sense would al- the Senator from Pennsylvania (Mr. ready entail. My amendment improves may consume. TOOMEY). The PRESIDING OFFICER. Without the bill by helping those on the Further, if present and voting, the frontlines of this terrible epidemic pro- objection, it is so ordered. Senator from Texas (Mr. CORNYN) NOMINATION OF ROBERTA JACOBSON vide their communities with the infor- would have voted ‘‘yea’’ and the Sen- mation they need to help stop the Mr. UDALL. Mr. President, my good ator from Pennsylvania (Mr. TOOMEY) spread of opioid addiction and help would have voted ‘‘yea.’’ friend, Senator JEFF FLAKE from Ari- seek treatment. Mr. DURBIN. I announce that the zona, appeared here just an hour or so It will better enable us to educate in- before and also spoke on the issue that Senator from California (Mrs. BOXER), dividuals about the dangers of opioid the Senator from Missouri (Mrs. I am going to speak about today. That abuse, practices to help prevent opioid issue is the ambassadorship to Mexico MCCASKILL), the Senator from Florida abuse, including the safe disposal of and the woman who has been nomi- (Mr. NELSON), and the Senator from unused medication, and how to detect nated by President Obama, Roberta Vermont (Mr. SANDERS) are necessarily the early warning signs of addiction. absent. Jacobson. Senator FLAKE made a very This amendment will help to save The PRESIDING OFFICER (Mr. strong case. It has been a pleasure lives by raising awareness about the working with him in a bipartisan way. HOEVEN). Are there any other Senators dangers of prescription opioid medica- in the Chamber desiring to vote? We believe this nomination has very tions to prevent opiate addiction in the The result was announced—yeas 90, strong bipartisan support, and we look first place and ensuring that loved ones nays 0, as follows: forward to working together to get this will know how to help when a friend or to the floor and get an up-or-down family member becomes addicted. [Rollcall Vote No. 31 Leg.] vote. We have over 2 million Americans YEAS—90 So I rise again today to urge support who are addicted to opioids. Many of Alexander Brown Cochran for Roberta Jacobson. She is a dedi- Ayotte Burr Collins these individuals began the road to ad- Baldwin Cantwell Coons cated public servant. She is more than diction with a seemingly innocent pre- Barrasso Capito Corker ready to be our Ambassador to Mexico. scription and little or no warning Bennet Cardin Cotton The Los Angeles Times has called Ro- about the dangers from their physi- Blumenthal Carper Crapo berta Jacobson ‘‘among the most quali- Blunt Casey Daines cians. Or it began when a friend offered Booker Cassidy Donnelly fied people ever to be tapped to rep- a pill that they thought couldn’t be Boozman Coats Durbin resent the U.S. in Mexico.’’

VerDate Sep 11 2014 03:42 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.033 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1264 CONGRESSIONAL RECORD — SENATE March 3, 2016 We have a distinguished candidate, a FAIR ELECTIONS on the books. The Federal Election Ad- career member of the Senior Executive Mr. President, just when we think ministration Act would create a new Service. She is ready to serve. We have things can’t get any worse, they do. agency, with five members appointed strong support for her on both sides of Now a seat on the Supreme Court is by the President and confirmed by the the aisle. What we need now is an up- empty, and the majority leader is actu- Senate. A chair would lead the agency, or-down vote. Once again, we failed to ally arguing that it should stay empty and the remaining members would get one. for over a year, no matter who is nomi- equally represent both political par- It is hard to explain this dysfunction nated by the President. This isn’t gov- ties. It is modeled after a bipartisan when I talk to my constituents in New erning; this is a failure to do one’s job. proposal previously introduced by Sen- Mexico. They just don’t understand Is it any wonder that the American ator JOHN MCCAIN and former Senator this kind of dysfunction. They don’t people are frustrated, fed up with polit- Russ Feingold. understand it, and, frankly, neither do ical games, with obstruction in the Super Tuesday was just 2 days ago. I. We are a border State. This is a crit- Senate, with special deals for insiders, Once again, we are seeing record spend- ical position. It is critical to our secu- and with campaigns that are being sold ing, including millions of dollars in un- rity, and it is critical to our economy. to the highest bidder? They see this ob- disclosed dark money. Without a Earlier today, Senators FLAKE, KLO- struction as just another example of strong watchdog looking over their BUCHAR, HEINRICH, and I met with the how our democracy is being taken shoulders, super PACs and billionaire Hispanic Chamber of Commerce about away from the people. donors have free rein to push the lim- the urgent need to confirm this nomi- Each year we have a Student Leader- its. nation. Our business leaders in New ship Institute in my State. High school It is clear that the FEC has outlived Mexico, Arizona, and every other State juniors and seniors attend to learn its usefulness. We need a new agency, in our country are telling us they need about and discuss the challenges affect- one with the power and the will to an ambassador in Mexico City. We have ing our State and the Nation. I always crack down on campaign finance viola- ongoing border-related business issues look forward to meeting with these tions. that need attention. From time to bright, young people. They are smart The Supreme Court has put billion- time, we will call on the Mexican gov- and committed, and they raise aires and other special interests on a ernment to take some action, to work thoughtful points about how govern- galloping horse. They are running with us on coordinating with ports of ment works and how sometimes it away with our democracy—running entry, infrastructure, and other impor- doesn’t work. One thing we talked away with our elections. We have cre- tant issues. We are at a disadvantage about this year was how important it is ated a dark money, special interest, without an advocate for America in to listen. This is one of the most under- gerrymandered train wreck, and the Mexico City. It is very frustrating. rated virtues, especially in politics— losers are the American people. That is This is not the first time we have why I have also introduced the Fair- faced this kind of dysfunction. I pushed stating your views but also listening to the views of others. I am always opti- ness and Independence in Redistricting for reform of the Senate rules in the Act, because part of that train wreck is last two Congresses, and we did change mistic when I see students engaged in that process. I only wish we could see the secretive and highly partisan con- the rules to allow majority votes for gressional redistricting process, and we executive and judicial nominees to the more of it in Washington. The art of politics is standing your need to end it. lower courts. But that does no good if The President highlighted this issue ground, but also finding common they remain blocked, and that is what in his State of the Union address, say- ground and listening to the American is happening in this Congress. The line ing, ‘‘We’ve got to end the practice of people. Our democracy depends on gets longer and longer of perfectly drawing our congressional districts so every voice being heard and on every qualified nominees who are denied a that politicians can pick their voters vote being counted. We are losing that. vote, denied an opportunity to be and not the other way around.’’ In We have to get it back or we will con- heard. most States today, congressional maps tinue to pay a heavy price. We can be Roberta Jacobson was approved by are drawn behind closed doors by par- the Senate Foreign Relations Com- sure of one thing: Beyond all the tisan lawmakers. Their aim is to keep mittee months ago with bipartisan sup- money, beyond all the special inter- incumbents in office, and they do that. port. Yet the weeks go by, and still we ests, these students and all Americans Pick almost any district in the coun- wait. What is holding up her nomina- deserve to be heard, and they deserve a try, and we will see that almost every tion? It isn’t her qualifications; those democracy that works. one is skewed to favor one party or an- Campaigns should be about the best aren’t the problem. A big part of the other. problem is Presidential politics and the ideas, not the biggest checkbooks or We can end the gerrymandering sta- policy differences with the administra- rigged districts. The U.S. Supreme tus quo. Redistricting commissions tion over her work with Cuba. Court created a Wild West of campaign should be independent. They should be This year, we reopened diplomatic re- finance regulations with their decision led by citizens, not politicians. Arizona lations between the United States and in Citizens United and their 2014 and California voted for reform, and Cuba. As the Assistant Secretary for McCutcheon decision. It opened a fire they are already bringing new faces to Western Hemisphere Affairs, Roberta sale of super PACs trying to buy elec- Congress. The American people deserve helped negotiate on behalf of the ad- tions nationwide. We are seeing the re- fair elections—elections that are free ministration. After 50 years of failed sults—from the Iowa caucuses to local of unlimited and hidden special inter- policy toward Cuba, we have opened a elections in Las Cruces, NM. est money and free of rigged district 21st-century relationship with the peo- We need to overturn those bad deci- lines. ple of Cuba, one that is already seeing sions. That is why I have led efforts to Next year, I will meet again with stu- change as more Cubans enter the pri- amend the Constitution to restore dents in my State. We will talk about vate sector. And more Americans, who power to Congress and to the States to leadership, about challenges, and about are our best diplomats, continue to in- pass commonsense campaign finance how government works. I hope I will be crease their engagement with the laws. We need to listen to the voters, able to say to them that we have Cuban people. I congratulate the Presi- not to the billionaires hiding in dark moved forward; we have reformed a dent for leading this historic change. corners. That is why earlier this week broken system. I hope I can say to Some disagree. I understand that. But I introduced legislation to abolish the them that we have done our job and their objection is with the President’s broken Federal Election Commission. made sure that voters, not powerful Cuba policy. We are talking here about Congress created the Federal Elec- elites, have their say. Mexico and an important position that tion Commission to fight political cor- Mr. President, I yield the floor. has been unfilled since last summer be- ruption when they created it after Wa- I suggest the absence of a quorum. cause a few Senators would rather re- tergate. But today, partisan gridlock The PRESIDING OFFICER. The turn to the failed policies of yesterday leaves the agency powerless and dys- clerk will call the roll. and are using Roberta to make a polit- functional. It even fails to enforce the The senior assistant legislative clerk ical point. few campaign finance laws remaining proceeded to call the roll.

VerDate Sep 11 2014 01:35 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.037 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 3, 2016 CONGRESSIONAL RECORD — SENATE S1265 Mr. PETERS. Mr. President, I ask matic brain injury, or TBI. Unfortu- stance abuse disorder, and that is why unanimous consent that the order for nately, those individuals will often re- we need to ensure that they have all the quorum call be rescinded. ceive a less-than-honorable discharge, the avenues to care and treatments The PRESIDING OFFICER. Without also known as a bad paper discharge available to them. We cannot allow objection, it is so ordered. rather than an honorable discharge. them to suffer in silence. That is why Mr. PETERS. Mr. President, I rise to This discharge status makes veterans I have offered two amendments to the speak in support of amendment No. ineligible for certain benefits, includ- bill that will help our veterans strug- 3391 to the Comprehensive Addiction ing GI benefits and VA home loans. gling with the invisible wounds of war. and Recovery Act of 2015. I am proud to This is simply unacceptable, and we My first amendment, No. 3390, makes join Senator DAINES in filing this im- need to make a change. Our Nation’s sure that these veterans are not forgot- portant amendment. heroes who honorably serve their coun- ten, including their struggles in the The Daines-Peters amendment would try deserve access to the care and bene- findings. My second amendment, No. make it possible for certain dishonor- fits they have earned, and that is why 3391, allows veterans with post-trau- ably discharged veterans to be eligible I introduced the Fairness for Veterans matic stress disorder, military sexual for veterans treatment courts. Specifi- Act, which will help these veterans. trauma, and service-related traumatic cally, the amendment would allow the The Fairness for Veterans Act will brain injuries that received a dishonor- Attorney General to determine vet- create a presumption in favor of the able discharge to have access to vet- erans treatment court eligibility on a veteran with a bad paper discharge erans treatment courts. case-by-case basis for dishonorably dis- when petitioning the Secretary of De- I am proud to be joined by Senator charged veterans who have been diag- fense for an upgrade in discharge sta- PETERS in ensuring that veterans at nosed with service-connected post- tus based on hard medical evidence risk of substance abuse have access to traumatic stress disorder, military sex- that is certified by the VA or appro- the veterans treatment courts, particu- ual trauma, or traumatic brain inju- priate medical professional. This bill larly those most at risk. We cannot ries. has the support of both parties in both turn our backs on those who answer Currently, veterans treatment courts Chambers. the call to protect our country and are are open to any veteran with a dis- I introduced the Fairness for Vet- now struggling, many of whom are charge other than dishonorable or a erans Act with my Republican col- struggling in silence. We must do ev- dishonorable discharge that can be at- leagues, STEVE DAINES from Montana erything we can to uphold the promises tributed to substance abuse. However, and THOM TILLIS from North Carolina. our government made to our veterans, studies have shown a direct connection I appreciate the many Senators who and I am honored to be doing just that. to PTSD, TBI, and MST are a leading have cosponsored the bill since its in- I thank Senator PETERS for this bi- cause of substance abuse disorder. In troduction, particularly Senator GILLI- partisan effort we are moving forward general, drug courts reduce correc- BRAND, who has been a champion for here to fight on behalf of our veterans. tional costs, protect community safe- the bill on the Armed Services Com- I yield back my time. ty, and improve public welfare. Vet- mittee. I suggest the absence of a quorum. erans treatment courts take the work Today, in the House of Representa- The PRESIDING OFFICER. The of drug courts one step further. tives, MIKE COFFMAN, a Republican clerk will call the roll. According to the National Associa- from Colorado; TIM WALZ, a Democrat The senior assistant legislative clerk tion of Drug Court Professionals, vet- from Minnesota; LEE ZELDIN, a Repub- proceeded to call the roll. erans treatment courts bring the U.S. lican from New York; and KATHLEEN Mr. HOEVEN. Mr. President, I ask Department of Veterans Affairs health RICE, a Democrat from New York, led a unanimous consent that the order for care networks, the Veterans Benefits number of Members introducing the bi- the quorum call be rescinded. Administration, the State departments partisan bill. The PRESIDING OFFICER (Mr. CAS- of veterans affairs, volunteer veteran This legislation is also supported by SIDY). Without objection, it is so or- mentors and veterans family support a number of veterans groups, including dered. organizations together in one place in Iraq and Afghanistan Veterans of Mr. HOEVEN. Mr. President, I rise order to provide support for veterans. America, Veterans of Foreign Wars, today to discuss two amendments I am These are resources that speak to the Disabled Veterans of America, Military submitting to S. 524, the Comprehen- unique needs of this Nation’s veterans. Officers Association of America, the sive Addiction and Recovery Act. In my home State of Michigan, Judge American Legion, Paralyzed Veterans Across the country, including in my Michelle Friedman Appel’s veterans of America, Vietnam Veterans of home State of North Dakota, families treatment court in Oak Park is the site America, the Veterans Health Council, are experiencing the devastating ef- of weekly accountability, encourage- United Soldiers and Sailors of Amer- fects of opioid and heroin addiction. In ment, and rehabilitation, and I com- ica, and the Military-Veterans Advo- fact, in 2014, 61 percent of all overdose mend her work. cacy, Inc. deaths in the United States were re- Our veterans treatment court judges Improperly discharged servicemem- lated to opioids. In North Dakota are committed to the well-being of this bers should not lose access to the bene- alone, overdose deaths have tripled in Nation’s veterans, connecting them to fits they have earned through their the past decade. It is no mystery why. services they need to reach their full service. That is why we must ensure In 2014, the North Dakota Bureau of potential. Servicemembers suffering they are getting the fairness they de- Criminal Investigation seized 1,549 dos- from the invisible wounds of war who serve when petitioning for an upgraded age units of opioids. In 2015, they seized are discharged, regardless of the char- discharge status. This is a nonpartisan 5,593. That is a 31⁄2-fold increase in just acterization of that discharge, truly issue, and I am committed to fighting 1 year, so an increase of more than need the assistance provided by vet- on behalf of our Nation’s veterans. three times in just 1 year. erans treatment courts. That is why I thank the Presiding Officer. Similarly, law enforcement seizures the Daines-Peters amendment is so im- I yield the floor. of heroin from Canada have grown ex- portant. Former servicemembers, par- THE PRESIDING OFFICER. The ponentially. But our data about cross- ticularly those suffering from PTSD, Senator from Montana. border drug smuggling is limited. To TBI, and MST should have access to Mr. DAINES. Mr. President, the bill battle drug abuse effectively, we need veterans treatment centers and courts. we are debating today is an important to know not just how much but how I urge my colleagues to support the step forward in helping to combat ad- those drugs are getting into our coun- Daines-Peters amendment No. 3391. diction and opioid abuse. try. The amendments I am proposing FAIRNESS FOR VETERANS ACT According to the Department of Vet- today will strengthen the overall bill Mr. President, I wish to stay on the erans Affairs, 20 percent of veterans by providing law enforcement with ad- subject of veterans for a moment with PTSD also have a substance abuse ditional resources to address security longer. Behavioral changes are often disorder. Let me repeat that statistic. vulnerabilities at the northern border seen in individuals suffering from men- In our country, 20 percent of veterans, that could be exploited by drug traf- tal traumas, such as PTSD and trau- or one in five, with PTSD have a sub- fickers.

VerDate Sep 11 2014 01:35 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.038 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1266 CONGRESSIONAL RECORD — SENATE March 3, 2016 My first amendment allows State law Mr. COONS. Mr. President, I ask Mahan Air is still flying into 24 air- enforcement to use grant funds to part- unanimous consent that the order for ports in countries around the region ner with local and Federal law enforce- the quorum call be rescinded. and world, including the United King- ment agencies. In the underlying bill, The PRESIDING OFFICER. Without dom, Germany, France, and Italy, and the Attorney General may make grants objection, it is so ordered. it is successfully procuring aircraft and to State law enforcement agencies to MAHAN AIR AND IRAN equipment using front companies—an investigate the distribution of heroin Mr. COONS. Mr. President, earlier evasive approach that mirrors Iran’s and prescription opioids. My amend- this week, I joined a bipartisan group strategy in a number of industries, not ment allows States to use those grants of Senate colleagues, including Senator just in airlines. to partner with local agencies, as well GRAHAM, Senator AYOTTE, and Senator Since October of 2011, the Treasury as the Drug Enforcement Administra- BLUMENTHAL—Republicans and Demo- Department has taken key steps to tion—the DEA—and the Federal Bu- crats alike—to send a letter to the sanction Mahan Air. In that month— reau of Investigation. United States Department of the October of 2011—Mahan Air provided In North Dakota, our law enforce- Treasury. In our letter, we urged Sec- travel for members of the Quds Force, ment has faced increased challenges in retary Jack Lew to continue the who flew to and from Iran and Syria combatting the flow of illegal drugs, Obama administration’s necessary and for military training, and other sus- including prescription opioids and her- vital efforts to crack down on Mahan pected officers who flew covertly in oin; however, our State has had a suc- Air, a private Iranian airline that pro- and out of Iran. Less than a year later, in September cessful track record of partnering with vides support for Iran’s terrorist prox- of 2012, Treasury further cracked down local, State and Federal law enforce- ies and funnels weapons to Hezbollah on Mahan Air and two other airlines ment to investigate and prevent crimi- and the murderous Assad regime in for a series of bad actions, including nal activities, specifically drug-related Syria. sending military and crowd control offenses. One successful example of Mahan Air is only the latest example equipment to the Assad regime in these partnerships is the Bakken Orga- of a pattern of behavior we have come Syria in coordination with Hezbollah, nized Crime Strike Force. This task to expect from Iran: Supporting ter- often under the cover of being humani- force was created in part by North Da- rorism and conducting destabilizing ac- tarian aid. Later, in both February of kota’s attorney general, Wayne tivities in the Middle East, conducting 2014 and May of 2015, our Department of Stenehjem, along with the Organized illegal ballistic missile tests in viola- the Treasury took further action Crime and Drug Enforcement Task tion of U.N. Security Council resolu- against two front companies that Force, to address the increased drug tion 1929, and committing ongoing, helped Mahan Air procure equipment major human rights violations. activity in the Bakken oil-producing and parts. The 2014 action penalized Indeed, as we wrote in the letter to region in western North Dakota. personnel and companies in the United My amendment will give States the Secretary of the Treasury: ‘‘Strong Arab Emirates who helped Mahan Air greater opportunities to partner with and swift sanctions enforcement is transfer money and procure aircraft local and Federal agencies to inves- vital to hold Iran to account for its on- and other parts. tigate the trafficking of heroin, going support of terrorism, ballistic This ongoing, long-term pattern of opioids, and other illicit drugs, as we missile development, and human rights behavior by Iran and its IRGC makes have done successfully by creating violations.’’ clear why the United States and our Today I would like to dive further these task forces in North Dakota. other vital allies must work together into Mahan Air activities and explain My next amendment also addresses to cut off Mahan Air’s access to inter- drug smuggling. It requires a study of why it is important that America work national markets and airports, and I drug trafficking in States along the with our allies to continue to push commend our Department of Treasury northern border. While there is much back on Iran’s bad behavior and to hold for taking these important steps to attention and energy focused on the Tehran to the terms of the agreement designate Mahan and its employees. trafficking of drugs through our south- reached last summer with regard to These actions alone are important— ern border, there are vulnerabilities Iran’s nuclear agreement. but not sufficient. Both the United that exist on our northern border as I will also explain why it is critical States and our European allies must do well. that the Senate confirm Adam Szubin, more. To start, I urge governments My amendment directs the Secretary Treasury’s now-Acting Under Sec- across the European Union to also des- of Homeland Security, in coordination retary for Terrorism and Financial In- ignate Mahan Air and its many front with the Attorney General, to conduct telligence, who plays a key role in companies for their support for ter- a study on the trafficking of narcotics, pressuring our allies to push back on rorism. specifically opioids and heroin, in Iran and who, in the absence of con- By continuing to support Syria’s vio- States along the northern border. The firmation, is weakened in that vital lent and discredited President, Bashar Secretary of DHS and the Attorney role. If we are serious about our shared al-Assad, Iran has directly contributed General must submit a report on those intentions to hold Iran accountable, to the slow and grinding collapse of findings to Congress. Those findings then this Senate must confirm Adam Syria, to the enormous humanitarian will give Congress greater insight into Szubin, and our European allies must crisis that has resulted, and to the de- the security needs at our northern bor- work with us to sanction Mahan Air. stabilization of the region. There is a der to prevent the trafficking of illegal Although Mahan Air is technically a direct correlation between Iran’s desta- drugs into the United States. private Iranian airline, it supports the bilizing actions in Syria, but also in Opioid and heroin addiction is a operations of the IRGC—the Iranian Yemen, Lebanon, and Iraq, and the mi- scourge that ruins lives and crushes Revolutionary Guard Corps—the hard- grant crisis now facing all of Western the spirit. S. 524 is a potent weapon in line military force committed to the Europe. The more that Iran uses the fight against them. I urge my col- preservation of the revolutionary and Mahan Airlines to transport the very leagues to support the underlying bill, extremist Iranian regime. Mahan Air goods that supply Hezbollah, the longer as well as my amendments, which seek also provides services to the Quds the instability inside Syria will persist to make the legislation even stronger Force, an elite IRGC military force and the more refugees and migrants by increasing collaboration among law that is designated as a terrorist group will flee Syria toward our allies in enforcement and addressing the secu- by the U.S. Treasury Department Western Europe. rity needs of our northern border. under Executive Order 13224. Without the support of companies With that, Mr. President, I yield the Through its ties to the IRGC and the such as Mahan Air and the many front floor. Quds Force, Mahan Air directly and in- companies that it depends on, Iran and I suggest the absence of a quorum. directly provides men and materiel to the IRGC would find supporting the The PRESIDING OFFICER. The Hezbollah, a terrorist organization Assad regime substantially more dif- clerk will call the roll. based in Lebanon, and to the mur- ficult and expensive. We must work to- The legislative clerk proceeded to derous regime of Bashar al-Assad in gether to keep Mahan Air from pur- call the roll. Syria. Yet, despite these known ties, chasing engines, aircraft, and other

VerDate Sep 11 2014 01:35 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.040 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 3, 2016 CONGRESSIONAL RECORD — SENATE S1267 equipment for these maligning pur- both parties, but his confirmation has are positive steps toward preventing poses. been blocked for nearly a year for rea- Iran from acquiring a nuclear weapon. The second step our allies can and sons utterly unrelated to his capabili- But they came at a time when the should take is simple: to stop allowing ties or his performance of the job. world community possessed the most Mahan Air to land at their airports. A The cause of this hold is and has been leverage, and Iran had the most to lose company like Mahan Air, which sup- raw politics, but the consequences of by not complying with the deal. Now, ports terrorism in defiance of inter- the hold go far beyond that. in the aftermath of implementation national norms, should not have easy When Acting Under Secretary Szubin day and with certain sanctions relief access to international airports. sits down at the negotiating table, the provided to Iran, we must remain in- More broadly, combating Iran’s de- individuals on the other side, whether creasingly vigilant in our efforts to stabilizing actions in the Middle East from the private sector or a foreign counter the Iranian regime’s support and successfully and rigorously enforc- government, friend or foe, should know for terrorism and violations of human ing the terms of the nuclear deal with that he speaks for the American people rights of their own people. Iran will require meaningful inter- and has the weight of the Senate and The Iranian regime must understand national coordination. the whole Government of the United that there will be consequences for vio- As I recently wrote in an editorial States behind him. When Adam Szubin lations, however minor, of the JCPOA. that ran in the Guardian, while I un- travels around the world to ask senior If Iran seeks a nuclear weapon, the derstand that many European compa- officials from foreign governments to world community, led by the United nies will seek to do business with Iran, sanction Mahan Air and its front com- States, is ready to implement the snap- now that certain economic sanctions panies or to prevent Mahan from flying back of sanctions in response. And if have been lifted in compliance with the into their airports, he is trying to con- Iran attempts to test our resolve terms of the nuclear agreement, I urge vince foreign governments to do some- through small but persistent violations our allies to remember three simple thing difficult, but necessary. Those of the JCPOA, they need to be punished things. foreign officials should know that he swiftly. First, the United States and the U.N. speaks not just for the Obama adminis- I recently traveled to Vienna, along continue to maintain and enforce eco- tration but for the executive and legis- with Senator COONS and several of my colleagues, to meet directly with the nomic sanctions against Iran. The lative branches of our whole govern- U.S. Mission to the International Orga- United States’ designation of Mahan ment and that we as a people stand nization in Vienna, including the Inter- Air is one of many unilateral sanctions united against Iranian aggression. examples, and many that we continue Let’s demonstrate to our allies and national Atomic Energy Agency, the to keep in place. to Iran that Congress takes these IAEA. The IAEA is the world’s ‘‘nu- clear watchdog’’ and the organization Second, stopping Iran’s quest for a issues as seriously as we proclaim. that, under the terms of the JCPOA, is nuclear weapon must always remain a Let’s confirm Adam Szubin and other responsible for verifying Iran’s compli- top priority. We are counting on our nominees who are vital to this effort ance with the terms of the deal. We European allies to continue to share and whose confirmations have been must ensure that the IAEA, which this view and to act in accordance with stalled for too long. Let’s work to- serves as our eyes and ears on the it—a view that they stated they shared gether to crack down on Mahan Air ground in Iran, with direct access and during our negotiations that led up to and other Iranian avenues for sowing 24/7 online monitoring capabilities of the nuclear deal. terror throughout the Middle East. nuclear sites, has the resources nec- Third, as Iran’s relationship with And, in the same spirit of collaboration Mahan Air shows, the Iranian Govern- essary to execute its critical mission. that led to the nuclear agreement, let’s It is incredibly important that we ment remains a revolutionary regime come together to rigorously enforce continue to ensure strict compliance with a long history of pursuing nuclear the terms of the deal. with the Joint Comprehensive Plan of weapons and a long track record of sup- Thank you, Mr. President. Action. The terms of the JCPOA do not porting terrorism and destabilization With that, I yield the floor. change, regardless of progress or set- in the Middle East. The PRESIDING OFFICER. The Sen- backs in Iran’s politics, and our resolve Iran’s use of Mahan Air to evade ator from Michigan. to vigorously enforce the deal will not international scrutiny is yet another Mr. PETERS. Mr. President, I thank waver. We will judge Iran’s leadership reminder that we must remain vigilant the Senator from Delaware, Mr. COONS, by its actions and not words. in our oversight of Iran. Here in the for his leadership on this very impor- Last week, Iran conducted some elec- United States, we appreciate the part- tant topic. I could not agree with him tions. But let’s be clear: Many of the nership of our European allies. In fact, more that we need to fund the IAEA, Iranian candidates being touted as so- the strength of this allegiance and our that we need to confirm Adam Szubin called moderates are labeled that way ability to act as one were key factors for the position of Under Secretary for simply because of their support for, or that led Iran to agree to the strict Terrorism and Financial Intelligence, connections to, Iranian President terms of the nuclear agreement. We and that our European allies must join Rouhani. But it is important to re- must continue to advocate for and keep us in sanctions against Mahan Air. member that, according to the United front of mind the idea that the most The JCPOA is focused upon one clear Nations, Iran continues to ‘‘execute important contract with Iran is the goal: preventing Iran from acquiring a more individuals per capita than any one we have already signed in the nu- nuclear weapon. The fact that an other country in the world.’’ clear agreement. We must pursue every agreement like this was able to be Executions peaked at 753 in 2014, dur- possible means of enforcing it, and that achieved at the negotiating table is a ing President Rouhani’s second year in means cracking down on front compa- testament to the strong economic office, including those conducted in nies that facilitate Mahan Air, and sanctions that were imposed on Iran in public, along with executions of women companies that are playing a direct direct response to Iran’s past illicit nu- and at least one juvenile. Amnesty role in fomenting instability in the clear activities. International has reported on contin- Middle East. The JCPOA required Iran to com- ued crackdowns against artists and ac- Just as importantly, I urge my col- plete key nuclear-related steps, tivists who were tortured into confes- leagues today to put politics aside and verified by the IAEA, before any sanc- sions to crimes such as ‘‘spreading confirm Adam Szubin, who oversees tions were removed. Iran has shipped propaganda against the system’’ and the implementation of sanctions in the out 25,000 pounds of low-enriched ura- ‘‘insulting Islamic sanctities.’’ And we Treasury Department. With experience nium, thereby tripling its breakout know that Iran remains a leading state in both the Bush and Obama adminis- time. Iran has removed the core of the sponsor of terrorism. trations, Adam Szubin is the definition Arak heavy water plutonium reactor Unfortunately, I do not believe that of an outstanding career public serv- and has rendered it unusable. Iran is the election results in Iran are in any ant: nonpartisan, dedicated to his job, also limited to 300 kilograms of ura- way transformational. I agree with my and committed to his country. He has nium enriched to only 3.67 percent, colleague’s assessment that Iran’s elec- been widely praised by Senators of which is below weapons grade. These tions are neither free nor fair. The

VerDate Sep 11 2014 01:35 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.041 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1268 CONGRESSIONAL RECORD — SENATE March 3, 2016 Guardian Council, a top clerical body the Attorney General to address the ments to reduce the number of deaths of the Iranian regime, disqualified national epidemic of prescription due to opioid overdose. It is a pretty thousands of candidates from standing opioid abuse and heroin use. simple amendment, and I would hope for election. We cannot reasonably ex- The first amendment I wish to talk we could get it pending and included in pect a transformational shift in Iran’s about is an amendment on which I am this legislation because I think it foreign policy, human rights record or joined by Senator CORNYN. It is amend- would save lives. support for terrorism when the ment No. 3421, which would allow The next amendment I wish to talk hardline regime elements that promote grants for 24/7 treatment centers. about is again a bipartisan amendment these disturbing policies are allowed to I am proud to join with my colleague that is being offered with Senator prescreen and disqualify candidates for Senator CORNYN on this amendment, HELLER. This amendment would repeal office. which clarifies that grants under sec- the therapy cap. I was in the House of Iran’s support for terrorism and the tion 301 of CARA may be awarded for Representatives when the therapy cap ability to foster instability in the re- the establishment and support of treat- was imposed on therapeutic rehab serv- gion has serious consequences for our ment centers that operate 24 hours a ices. It was included in the Balanced European allies and for our own home- day, 7 days a week to provide imme- Budget Act of 1997 and imposed annual land security. I served in the U.S. Navy diate access to behavioral health serv- financial limits on outpatient physical Reserve, including time in the Persian ices. therapy and speech-language pathology Gulf, where I saw firsthand the Strait The epidemic of opioid abuse and ad- services, as well as occupational ther- of Hormuz and the strategic diction impacts every State in our apy services. The decision to impose chokepoint that exists there. Last year country. Many of us know individuals those caps was not based upon data, Iran seized a commercial vessel in the and families who have been deeply af- concerns about quality of care or clin- States, requiring the U.S. Navy to ac- fected by this tragic crisis. Heroin and ical judgment. The sole purpose was to company vessels and provide security opioid drug dependency has more than limit spending in order to balance the when moving in and out of the Persian doubled in Maryland over the last dec- Federal budget. Gulf. The Iranian regime is a threat ade. The number of deaths related to I was in the Ways and Means Com- not just to the Middle East but to the heroin and opioid drug dependency has mittee room when Chairman Thomas security and stability of the entire increased by more than 100 percent in brought this issue up to include in the world. the last 5 years. In 2013, there were 464 Balanced Budget Act, and I asked the In closing, I want to reiterate the heroin-related overdose deaths in question: Why are we doing this? He need to confirm highly qualified nomi- Maryland, greater than the number of said: Well, we need these dollar nees like Alan Szubin, who will oversee homicides. Some parts of Maryland amounts to equal the numbers. I said: Treasury Department sanctions have had the highest per capita rate of What is the policy reason? None could against Iran and the front companies heroin and opioid drug use in the be given. used to support illicit activities, and United States. In some regions of the These arbitrary caps create an un- we need to urge our allies to join us in State an estimated 1 in 10 citizens are necessary and burdensome financial imposing these sanctions. We need to addicted to heroin. barrier to Medicare beneficiaries who ensure that we provide the IAEA with Improving access to behavioral rely on essential rehab services such as the resources required to do its job and health care—meaning both mental physical and occupational therapy to conduct rigorous daily oversight of the health and substance abuse treat- live healthy and productive lives. JCPOA. ment—is essential in combating this Chronic pain, which is defined as pain Most importantly, we must continue epidemic. According to the National that lasts for several months or in to provide strict oversight of the Alliance on Mental Illness, more than some cases years, affects at least 116 JCPOA and ensure compliance with its half of the individuals with substance million Americans each year. Physical terms. We cannot let up or be dis- use disorders also have at least one se- therapy plays an important role in tracted by perceived improvements or rious mental health condition. There is managing chronic pain. setbacks in Iran’s politics. We made a often a small window of opportunity Recently, the Centers for Disease commitment to the American people for getting an individual with sub- Control and Prevention published draft that Iran must never be allowed to ac- stance abuse or mental health issues clinical guidelines on the use of opioids quire a nuclear weapon. This is a com- into treatment. If treatment cannot be for chronic pain, making it clear mitment we must uphold and be fo- provided on demand, often the oppor- nondrug approaches, such as physical cused on each and every day. tunity is lost. Allowing grants for the therapy, are ‘‘preferred’’ treatment Mr. President, I suggest the absence establishment and support of 24/7 treat- paths for chronic pain. Approaches of a quorum. ment centers providing behavioral such as physical therapy ‘‘have been The PRESIDING OFFICER. The health services on demand will help en- underutilized and, therefore, can serve clerk will call the roll. sure those individuals in need have ac- as a primary strategy to reduce pre- The legislative clerk proceeded to cess to behavioral health services at scription drug medication abuse and call the roll. the time they need it. improving the lives of individuals with Mr. CARDIN. Mr. President, I ask I ask my colleagues to join me in chronic pain.’’ unanimous consent that the order for helping to get this amendment pending I urge my colleagues to join me and the quorum call be rescinded. and adopted. It is a bipartisan amend- Senator HELLER to permanently repeal The PRESIDING OFFICER. Without ment, as I said. I am joined by Senator the therapy cap and ensure that Medi- objection, it is so ordered. CORNYN in presenting it to our col- care beneficiaries, including those suf- Mr. CARDIN. Mr. President, I take leagues. fering from chronic pain, continue to this time to explain four amendments The second amendment is pretty sim- have access to medically necessary that I have filed and would like to ple. It requests a GAO report on outpatient physical therapy services. make pending on S. 524. I understand naloxone price increases. I am pleased The fourth amendment I would like we are in a position now that we need this amendment I would offer would re- to offer is in title IV of this legislation. consent in order to have these amend- quire a study of the most recent dra- It addresses the so-called collateral ments pending. I am not going to ask matic increase in the price of this med- consequences. Section 402 directs the for consent, but I will explain the four icine. Naloxone is a lifesaving drug Attorney General to establish a ‘‘Task amendments in hopes I will have an op- that is used to reverse the effects of Force on Recovery and Collateral Con- portunity to present these amendments opioid overdose. However, according to sequences.’’ Collateral consequences and have them considered by the full the Baltimore City Health Department, refer to a penalty, disability or dis- Senate. I know Leader MCCONNELL the cost per dose in Baltimore has advantage experienced by an individual wants an open amendment process, and quadrupled over the past 2 years— because of a criminal conviction, but I think all four of these amendments quadrupled in 2 years. This GAO study that is separate from the court’s judg- are very much relevant to the under- would evaluate the impact of the abil- ment or sentencing. The commission lying bill which is aimed at authorizing ity of States and local health depart- will study these consequences and

VerDate Sep 11 2014 01:35 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.042 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 3, 2016 CONGRESSIONAL RECORD — SENATE S1269 whether they affect the ability of indi- an open amendment process. I hope spend more than a year guessing viduals to resume their personal and there will be a way that I will be able whether their actions will hold up in professional lives. In other words, we to offer these amendments and the full court.’’ These are criminal prosecutors, are talking about reentry into society. Senate will be able to vote on these U.S. attorneys, saying how important But we do not have to wait for the re- amendments. it is that, ultimately, when something sults of a commission to take action to I yield the floor. goes to the Supreme Court, there will ameliorate one of the collateral con- The PRESIDING OFFICER. The Sen- be a decision made because there is an sequences of a criminal conviction. ator from Ohio. odd number of justices. Here, I am talking about the funda- FILLING THE VACANCY ON THE SUPREME COURT The last time there was a 1-year va- mental right to vote. An estimated 5.85 Mr. BROWN. Mr. President, earlier cancy—which is what the Republican million citizens cannot vote as a result this week and last week I joined a leader, MITCH MCCONNELL, is calling of criminal convictions, and nearly 4.4 number of my colleagues on the floor for—on the Supreme Court was 150 million of those have already been re- and spoke at length about the need for years ago, and that was because we leased from prison. So 4.4 million peo- our fellow Senators on the other side of were at war. It was during the Civil ple in our communities are denied the the aisle to do something simple—to do War. It is unprecedented to do what right to vote. Nationwide, 1 in 13 Afri- their jobs. they are doing. can Americans of voting age have lost The PRESIDING OFFICER. The Sen- On Tuesday, former Ohio Court of the right to vote, a rate 4 times higher ator does not have on his microphone. Appeals Judge Mark Painter wrote an than the national average. Latino citi- Mr. BROWN. I thank the Presiding op-ed in the very conservative, very zens are also impacted in an extreme Officer. Republican Cincinnati Inquirer, shar- way because they are disproportion- Earlier this week and last I spoke at ing some of the same concerns. He ately overrepresented in the criminal length about the need for my col- wrote: justice system. States have vastly dif- leagues on the other side of the aisle to It would be irresponsible and unprece- ferent approaches to voting with a do their job and to move forward with dented to let a vacancy on the court extend criminal conviction. This patchwork of hearings and an up-or-down vote on into 2017. If Congress fails to act, the Su- State laws has caused confusion among whomever the President nominates to preme Court will go two terms—well over a election officials and the public, some- the Supreme Court. The outcry from year—with a vacancy. The court will hear times resulting in the disenfranchise- the public continues from every corner significant cases in the coming months and issue rulings that will impact our everyday ment of even eligible voters. Some of of our justice system. Let’s just re- lives. these State laws are a holdover from count quickly what happened after the As a judge for 30 years, I learned that it is the era of Jim Crow laws, where even tragic and untimely death of Justice important for the law to be settled. misdemeanor convictions could take Scalia. Settled—not held in abeyance, not away an individual’s right to vote. In Within an hour or so, the Republican deadlocked, but settled—that is why some cases, the right to vote is lost leader of the Senate said: Don’t bother we have an ultimate Supreme Court. permanently, with no ability for reha- sending up a nominee. History suggests Uncertainty is bad for businesses, individ- bilitation. This is just plain wrong. that we won’t do this in the last year uals and for commerce. Two court terms of The amendment I wish to offer would of the Presidency. We are not going to possible 4–4 votes would be a nightmare. provide much-needed information into do hearings. Don’t even bother. There is no precedent for causing this the hands of citizens returning from in- Other Republican Senators, sort of damaging uncertainty. The only reason carceration. My amendment would di- like one bird flying off the telephone is politics. rect the Justice Department to provide wire—they all fly off a telephone wire— That is the same Republican leader to individuals released from the cus- one Republican Senator after another, who some years ago said: My No. 1 po- tody of the Bureau of Prisons informa- first said no hearings. Then, after the litical goal is to keep Barack Obama tion regarding their right to vote fol- majority leader said that he would not from being reelected, not, my No. 1 lowing release. It would require notifi- even meet with prospective nominees, goal is to help improve the economy or cations to individuals of the impact on other Republican Senators said they to help wages go up or to preserve our their voting rights when they accept a wouldn’t meet with nominees. freedom, our families or our economic plea agreement from the U.S. attorney Just imagine that. We work hard to security from attack. He said: My No. and require the Department of Justice run for these offices. It is hard to get 1 goal is to make sure that Barack to report on the disproportionate im- to the Senate. When we win, within a Obama isn’t reelected. pact of both Federal and State crimi- month and a half or 2 months later, we Then this same crowd shut down the nal disenfranchisement laws on minor- take an oath of office. We get paid to government in 2013, after Barack ity populations, including data on do our jobs. But they are just not doing Obama was reelected. They didn’t like voter disenfranchisement rates by race their job. that—understandably. But they shut and ethnicity. The Constitution says the President the government down—not understand- My amendment does not change any shall nominate to fill a vacancy on the able. Now they want to shut the Su- existing Federal or State voting rights Supreme Court, and the Constitution preme Court down by locking it in with laws. It does not. It simply requires the says the Senate shall advise and con- an even number where we will see 4-to- Justice Department to provide addi- sent—not except in the last year of the 4 votes. tional information to ex-offenders upon President’s term, not only if we feel Judge Painter points out that we their release from prison, and it makes like it. We are just saying to our Sen- elected Barack Obama to a 4-year sure that defendants are aware of the ate colleagues—along with Americans term: impact on their voting rights when ac- saying to Senate Republicans: Do your The nomination to fill the seat of Supreme cepting a plea agreement. The Depart- job. Court Justice Scalia is bigger than party or ment of Justice study can provide us It is pretty simple. We are not saying politics. And there is no doubt that Scalia additional information on the patch- you have to vote for the President’s himself would interpret the Constitution as work of State and Federal disenfran- nominee. Understandably, you may not requiring a nomination and a vote by the chisement laws, which Congress and want to, but at least meet the nomi- Senate. It’s that simple. the States can use to make further nee, at least hold hearings on the That’s why President Obama will do the job that the American people elected him to changes in the statute. nominee. Then let’s bring him or her to do. And that’s why the Senate should do its So I urge my colleagues to have a the Senate floor and have a debate and job also. process where this amendment, along vote up or down. Under our Constitution, we elect presi- with the other three I have discussed, Earlier this week I quoted from four dents for four-year terms. Obama has almost can be made pending so that we can former U.S. attorneys from my State a quarter of his term left. Should the process vote on these amendments. I think of Ohio, from Washington State, Cali- of government stop for a year? they all would improve the underlying fornia, and Virginia. They wrote: ‘‘It is Should the process of government bill, and it is certainly consistent with unfair and unsafe to expect good fed- stop for a year? It should not. My col- the majority leader’s commitment to eral agents, police and prosecutors to leagues, pure and simple, ought to do

VerDate Sep 11 2014 01:35 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.054 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1270 CONGRESSIONAL RECORD — SENATE March 3, 2016 their jobs. They ought to meet the action. Justice Thomas was approved Two weeks ago, I visited Espanola nominee. They ought to hold hearings. by a majority vote of the Senate even Valley in Rio Arriba County. Rio They ought to give an up-or-down vote though he was not recommended by the Arriba, which is largely rural and has to whomever the President nominates. Judiciary Committee. It was short of predominantly Hispanic and tribal Let’s do our job. the 60-vote threshold, which means communities, is filled with beautiful The PRESIDING OFFICER. The Sen- that if the Democratic majority had mountain and desert landscapes, the ator from Maryland. wanted to filibuster, they could have. kinds of places that attract artisan Mr. CARDIN. Mr. President, I want So we are on uncharted waters here visitors from around the world. Fami- to join my colleague from Ohio, Sen- with what the Republicans are doing. lies from Rio Arriba can trace their ator BROWN, in his message about our We have separation of branches of lineage to Spanish settlers who came responsibility to do our job. It is very government. That is the history of our to New Mexico in the 1600s and to In- simple: Do our job. Do what the people country. That is the democracy in dian Pueblos and tribes who have lived of our State elected us to do. which we live. It is our responsibility in this region for millennia. Tragically, Senator BROWN is absolutely correct. to preserve that. We, the legislative Rio Arriba County has also long been Article II, section 2 of the Constitution branch of the government, have the re- home to the highest rates of heroin ad- states that the President ‘‘shall nomi- sponsibility to advise and consent on diction and overdose deaths in the Na- nate, and by and with the Advice and the independent judiciary. The Su- tion. In fact, between 2010 and 2014, the Consent of the Senate, shall appoint preme Court operates with nine jus- county’s overdose death rate was more . . . Judges of the supreme Court.’’ The tices, not with eight. It is an abuse of than five times the national average. last time I checked, the President was power of the majority in the Senate— This is not only tragic, it is simply un- elected for a term of 4 years, not 3 the Republicans—to say that we are acceptable. years and 2 months. We still have 10 going to reduce the Supreme Court of Last month, I convened a roundtable months left of President Obama’s Pres- the United States to eight by inaction. discussion in the area with U.S. De- idency. There is plenty of time for the What happens when we have con- partment of Health and Human Serv- Senate to consider his nomination for flicting decisions made by different cir- ices Region 6 Director Marjorie Petty the Supreme Court of the United cuits and the only court that can de- and a number of local stakeholders, in- States. termine the law is the Supreme Court cluding the Rio Arriba Community I find it shocking that my colleagues in its interpretation and they are 4-to- Health Council. We gathered at the would suggest, even before the Presi- 4 deadlocked? If we do not take up this Delancey Street Foundation in Ohkay dent has submitted a nomination, that appointment and we go the full year Owingeh to discuss ongoing efforts and the Senate would not conduct hearings into next year, it will be two terms of ways to better address the heroin and or consider the nomination of the the U.S. Supreme Court without the prescription drug crisis in my State. President to the Supreme Court, even full complement of justices. What I heard loud and clear from pub- though that is our constitutional re- Do your job, my colleagues. That is lic health officials, from law enforce- sponsibility and even though we were all we have to do. You don’t have to ment and first responders, and, prob- elected for a 6-year term. The last time vote yes. Vote. Have a hearing. Have ably most importantly, from people I checked, we are in session until the the courage to vote yes or no on the who have coped directly with addic- end of this year. We don’t adjourn in President’s nominee. They are saying tion, is that this crisis is hitting entire March. The President has 10 months we are not even going to have a chance communities and hitting them hard. left in office, and Senators should do for a hearing or vote, and we don’t even Everyone knows a family who has a our work and do our job. I think the know who the nominee is, and that is child suffering through addiction or in American people will ultimately de- just plain wrong. I think the American recovery, and many have literally lost mand that the Senate do its job and people will speak with a clear voice loved ones to drug-related deaths. not threaten to stop working simply to and say that is not what the Senate For decades, drug addiction and sub- coddle and pander to the most extreme should be doing. stance abuse have been passed down I hope the Republican leadership will and fringe elements of its base. generation to generation in too many Senators should look to the Constitu- provide the dignity of the Senate, hold families in Rio Arriba and in commu- tion for the history and the precedents hearings, and allow the full Senate to nities across New Mexico. The intro- of the Senate on how to proceed. I say vote up-or-down on the President’s duction of prescription opioid pain nominee for the Supreme Court. that because if we do not hold a hear- medications such as oxycodone and I yield the floor. ing on President Obama’s nomination The PRESIDING OFFICER. The Sen- hydrocodone into the market over the for the Supreme Court, it will be the ator from New Mexico. last two decades has poured fuel on first time in the history of the United Mr. HEINRICH. Mr. President, I ask this fire, creating even more cases of States that a nominee who requested a unanimous consent to speak as in opioid abuse and heroin addiction. hearing is denied a hearing—the first morning business. These prescription opioid pain medica- time ever. This is a matter of what is The PRESIDING OFFICER. Without tions, which are so chemically similar the appropriate role in the Constitu- objection, it is so ordered. to heroin, have produced whole new tion of the United States. We all took Mr. HEINRICH. Mr. President, addic- onramps onto the highway of addic- an oath of office to uphold the Con- tion to prescription opioid pain reliev- tion. In many instances, by the time stitution of the United States, and it is ers and heroin is a growing public someone has finished their first pre- our responsibility to respond with a se- health epidemic that is taking a heart- scription drug treatment, they are lit- rious effort. breaking toll on families and commu- erally already hooked, so they turn to The majority leader said that when nities in every State of this country. In purchase new pills, legally or illegally, we get a nomination, we should act 2014, more than 47,000 Americans died either through a new prescription or with dignity. Well, we are not acting because of prescription opioid and her- through other means. When they can’t with dignity if we don’t hold a hearing. oin overdoses. afford the pills anymore, all too often Let me remind us that the last time a This crisis is very real in my home they turn to heroin. President nominated in an election State of New Mexico. For years, with- Overprescription of opioid drugs and year of the opposite party, President out adequate treatment resources, the widespread trafficking of lethal Reagan’s nomination of Justice Ken- communities in my State have suffered black tar heroin have both contributed nedy was considered by a Democratic- through some of the highest rates of enormously to the ongoing public controlled Senate and approved by a heroin and opioid addiction in the health crisis in New Mexico and now Democrat-controlled Senate. country. Far too many New Mexico across our Nation. The statistics alone Let me also remind us that there families have lost loved ones, and should get our attention. From 2002 to have been times where a nominee of many more are struggling to find 2013, opioid-related deaths quadrupled the President has not been approved by treatment and recovery resources for a nationally. Drug overdoses were the the Judiciary Committee. They have father, a mother, a son, a daughter, or leading cause of injury death in 2013. still come to the floor of the Senate for for themselves. Among Americans ages 25 to 64 years

VerDate Sep 11 2014 01:35 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.055 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 3, 2016 CONGRESSIONAL RECORD — SENATE S1271 old, drug overdoses caused more deaths over a third of his body weight. He re- Sadly, in addition to hearing these than motor vehicle crashes. Think members later attempting suicide in success stories, I have heard far too about that. an act of desperation to end his addic- often that people who are looking to Over this same period, New Mexico tion and failing when his gun didn’t go get help have absolutely nowhere to go. families and communities have borne off. Particularly in New Mexico’s rural, the brunt of this epidemic. Between In his late twenties, after going tribal, and impoverished communities, 2011 and 2013, New Mexico ranked sec- through these intense struggles, Josh there is a severe lack of access to prov- ond nationally for drug overdose was introduced to the Inside Out Re- en treatment and rehabilitation re- deaths, and it is getting worse by the covery Center. He met a peer-to-peer sources. We desperately need more de- year. More New Mexicans died of drug support worker named Alex, who had toxification centers, more transitional overdoses in 2014 than in any other done the same drugs and been through housing facilities, more outpatient year on record. Some 547 people died in the same struggles. Josh realized there services, and more behavioral health New Mexico due to drug poisoning, in- was a way to stop using, and he turned facilities. cluding deaths from prescription his life around. He got clean. We as a nation are not doing even opioids and heroin overuse. When a judge sentenced Josh to pro- close to enough to provide adequate Rather than focus solely on these bation instead of prison for an offense, treatment facilities and resources to statistics, I want to talk a little bit he was released from jail and went communities like those in the about some of the people I met in my straight to Inside Out and committed Espanola Valley that are struggling to visit to Rio Arriba County because I to treatment. He said it was the first meet the challenges of the growing her- think it puts a much more human and time he had been released and hadn’t oin and opioid addiction crisis. That is real face on the very nature of this immediately returned to drug and alco- why I am a cosponsor of the Com- problem. hol abuse. At Inside Out, Josh received prehensive Addiction and Recovery Jesus toured me around Delancey peer support and learned conflict reso- Act, championed by our colleagues Street. lution and coping skills. He credits the Senator SHELDON WHITEHOUSE of Rhode The Delancey Street Foundation is a program with actually saving his life. Island and ROB PORTMAN of Ohio. national residential self-help rehab or- Now that Josh has his life back, he is This legislation provides a series of ganization that helps former substance working to help others in his commu- incentives and resources designed to abusers, ex-convicts, and others who nity to get their lives back from addic- encourage States and local commu- have literally hit rock bottom turn tion. nities to pursue a full array of proven their lives around, get clean, and learn Finally, I want to tell you about strategies that combat addiction. To academic and vocational and life skills. Rufus. Rufus is a 22-year-old Navajo ensure that this effort meets the needs Residents have to commit to a min- Hopi man who lives in Pojoaque. When of rural and tribal communities such as imum stay of at least 2 years. During I met Rufus during my visit, he was those in New Mexico, I submitted a bi- that period, a comprehensive treat- getting ready to graduate from his partisan amendment with my friend, ment program often produces dramatic treatment at New Moon Lodge treat- the senior Senator from Wyoming, Mr. results. ment facility in Ohkay Owingeh Pueb- MIKE ENZI, to require that rural health Delancey Street’s facility in New lo. professionals are included in the Pain Mexico is located on a 17-acre ranch in New Moon Lodge is a residential ad- Management Best Practices Inter- Ohkay Owingeh Pueblo. Residents diction treatment center that serves agency Task Force that is created by there learn vocational skills to get jobs clients from New Mexico’s American this legislation. in livestock management, culinary Indian communities. Although the cen- But, frankly, in order to truly pro- arts, retail sales, construction, waste- ter treats different types of addiction vide local communities the tools they water management, and landscaping. and substance abuse, including alco- need to tackle this crisis head-on, we Jesus came to Delancey Street after holism, recently they have seen many need funding, which is why I am also getting caught up using and selling more cases of opioid and heroin addic- cosponsoring emergency funding legis- pills and heroin in the Espanola Valley. tion. lation, championed by my colleague He had two DUIs and suffered through Rufus’s addiction to opioids began Senator JEANNE SHAHEEN of New alcoholism and substance abuse. In when he was prescribed hydrocodone to Hampshire, to provide supplemental 2011, when a judge gave him the option help with a hand injury he received appropriations of $600 million for drug of going to Delancey Street instead of when he was 16. He became addicted. prevention and treatment programs. I serving a 9-year prison sentence, he Once his prescription ran out, he understand that Senator SHAHEEN’s ef- took the chance. Through a long proc- turned to buying pills illegally, moved forts to include her funding legislation ess, he received treatment and learned up to higher dosages, and eventually as an amendment failed to get enough how to cope with his addiction. Jesus moved on to heroin. He got expelled votes this week, which frankly I find has stayed at Delancey Street well past from high school his senior year and deeply disappointing, but I think the his 2-year commitment and has taken fell even deeper into this addiction. Comprehensive Addiction and Recov- on new responsibilities. He now serves After years of use and going in and ery Act is still a good first step toward as a mentor and a role model to new out of jail for various offenses, Rufus addressing this epidemic. You can be residents who are trying to overcome came before the Pojoaque Tribal Court sure I will continue to fight to address their addictions. last year and was given the option to it in the Senate and back in New Mex- I met another man named Josh. He is go to New Moon for treatment. New ico. a peer-to-peer support worker at Inside Moon helped him see the person he Addiction is a disease that can hap- Out Recovery Center in Espanola. Josh could be without the drugs. Rufus just pen to anyone. It transcends region, was born and raised in Espanola, where graduated from his treatment at New race, gender, and socioeconomic status. he saw drug and alcohol use as the way Moon last week. Now he is looking for- It is a vicious cycle we have seen all of life in his community. When he was ward to building a stable home life for too frequently in New Mexico. By tak- 14 years old, a high school friend with his girlfriend and his baby by going ing a comprehensive approach to com- a prescription for hydrocodone offered back to school to get his GED and bat this epidemic, we can ensure that him some pills. Josh quickly became working toward being a mechanic or an people have the opportunity to get addicted. Over time, his opioid addic- artist. back on the road to recovery. tion led him to the point where he was I tell these stories to demonstrate I yield the floor. shooting 7 grams of heroin every day, that when we provide an opportunity AMENDMENT NO. 3345 stealing from family and friends to pay to receive comprehensive treatment Mr. LEAHY. Mr. President, the for that addiction, and going in and out and receive rehabilitation, people who American people sent all of us here to of the prison system at the same time. have suffered through the trials of solve problems, to strengthen and sup- At one point, while going through opioid addiction can turn their lives port our Nation and its people, and to withdrawal in a jail cell, Josh was un- around and help their communities help make ours a more perfect union. able to eat for weeks. He literally lost heal in the process. They expect us to govern responsibly

VerDate Sep 11 2014 01:35 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.057 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1272 CONGRESSIONAL RECORD — SENATE March 3, 2016 and to work together to improve our seeking treatment for the terrible dis- to try and contain an epidemic of communities. This week we are consid- ease of addiction. If cancer patients poaching that has reached nearly cata- ering the Comprehensive Addiction and were refused treatment, we would not strophic levels. Recovery Act, or CARA. Few problems hesitate to act, and this should be no Nearly 100 elephants are killed every in our country have had as devastating different. day now so their ivory tusks can be an impact on American families as We must make a real investment in sold on the black market at prices opioid addiction. From Vermont, to combatting this ravaging epidemic, higher than heroin or gold. In 2014 Kentucky, to Ohio, communities across and the Shaheen amendment would alone, more than 1,000 rhinoceroses the country are struggling, and they have ensured that. Actions speak loud- were illegally killed in South Africa, are reaching for answers and for help. er than words, action requires re- which is a 9,000-percent increase in the It is clear there is a strong, bipar- sources, and budgets are where we set poaching of rhinos since 2007. tisan interest in Congress to address priorities. The American people are I think this is of concern to all of us, the problems associated with opioid ad- watching and waiting. It is time for us not just because of the loss of these re- diction. The legislation before us is a to stop talking and start acting. It is markable and iconic wildlife species good bill. It demonstrates that Con- time for us to start investing in our but because it is also funding and fuel- gress now sees addiction for what it own country, our own communities’ ing a multibillion-dollar industry of or- is—a public health crisis. But CARA needs, and our own people. ganized crime that also traffics in will not by itself pull our communities VOTE EXPLANATION drugs, people, and weapons and desta- out of addiction. CARA is an unfunded ∑ Mr. NELSON. Mr. President, I was bilizes critical parts of the world. framework. Addiction is too knotted necessarily absent for today’s vote on We have a chance to make real and massive a challenge to address the Manchin amendment No. 3420 to S. progress. There is a bipartisan bill, the with a mere change in philosophy. We 524, the Comprehensive Addiction and END Wildlife Trafficking Act, that cannot pretend that solving a problem Recovery Bill. I would have voted yea.∑ Senator FLAKE and I have introduced, as large as opioid addiction costs noth- (At the request of Mr. REID, the fol- and that I am hopeful Senator CORKER ing. The emergency funding amend- lowing statement was ordered to be and Senator CARDIN, as the chair and ment by Senator SHAHEEN is an essen- printed in the RECORD.) ranking member of the Foreign Rela- tial part of this effort. It puts real dol- ∑ Mrs. MCCASKILL. Mr. President, I tions Committee, will take up, con- lars behind the rhetoric to ensure that was necessarily absent for today’s sider, and markup in our next business the carefully crafted programs author- amendment vote in relation to S. 524, meeting. I do think this legislation of- ized in CARA can actually be imple- the Comprehensive Addiction and Re- fers us a real opportunity to show that mented and can succeed. covery Act of 2015. we can come together to support the Congress has approved much larger On amendment No. 3420 by Senator President’s plan for combating wildlife emergency funding bills in the past. MANCHIN, I would have voted yea.∑ trafficking and can make a modest and Just last year we approved more than Mr. HEINRICH. I suggest the absence responsible investment in helping $5 billion to combat the Ebola out- of a quorum. countries on the other side of the world break in Africa, far from our shores. To The PRESIDING OFFICER. The that are facing the same sort of be clear, I believe this funding was ap- clerk will call the role. scourge of lawlessness and violence propriate. But we must now turn our The bill clerk proceeded to call the that marks those places in America attention to the public health crisis roll. where drug trafficking is at its peak, here at home, in our own communities. Mr. COONS. Mr. President, I ask but instead of trafficking illegal drugs, More than 40,000 Americans are dying unanimous consent that the order for the actions they are carrying out is the each year from drug overdoses. In the quorum call be rescinded. slaughter and the export of the pieces Vermont, State leaders like Governor The PRESIDING OFFICER. Without of killed animals, whether elephant Shumlin have tackled opioid addiction objection, it is so ordered. tusks or rhino horns. with an all-hands-on-deck approach. WORLD WILDLIFE DAY Ralph Waldo Emerson once wrote, Other community leaders, like the Mr. COONS. Mr. President, on a day ‘‘Adopt the pace of nature: Her secret Boys & Girls Club of Burlington, have that was sadly often marked by par- is patience.’’ It is my hope that with done wonderful work expanding edu- tisan differences, I thought I would patience, persistence, and bipartisan- cation efforts to prevent young people take a moment near the end of this leg- ship, we can celebrate this World Wild- from becoming addicted in the first islative day and simply remark on life Day by doing something together place. I am proud of their efforts, but something where there has recently to make progress in combating the they will be the first to acknowledge been some bipartisan progress, and I scourge of illegal wildlife trafficking. that many challenges remain. As in think it is worthy of some brief com- I thank the Presiding Officer and other States, addiction has spread ment. yield the floor. across our State, and more Vermonters Today is the third annual World I suggest the absence of a quorum. are dying from drug overdoses. Several Wildlife Day. This day was declared by The PRESIDING OFFICER. The have died while on waitlists for treat- the United Nations and will soon be clerk will call the roll. ment. celebrated in another place on this The bill clerk proceeded to call the Addiction is nothing less than an epi- Capitol complex by a wide range of or- roll. demic, and to solve it, this crisis must ganizations from all over the United Mr. MCCONNELL. Mr. President, I be treated as an epidemic. More re- States and the world that are dedicated ask unanimous consent that the order sources for targeted efforts will save to preserving wildlife in places in the for the quorum call be rescinded. lives and help stabilize families, neigh- world where it is under distinct pres- The PRESIDING OFFICER (Mr. SUL- borhoods, and communities. That is sure. LIVAN). Without objection, it is so or- why we need Senator SHAHEEN’s As I said, this is the third annual dered. amendment. This amendment would celebration of World Wildlife Day. It Mr. MCCONNELL. Mr. President, I have provided resources to strengthen was first declared by the United Na- ask unanimous consent that it be in both the law enforcement and public tions, and I want to briefly remark order to call up the following amend- health components needed to tackle that a bipartisan delegation of this ments: No. 3336, Johnson, as modified; the crisis. Her legislation would have Senate recently went to Southern Afri- No. 3329, Durbin; further, that at 5:30 delivered support to State and local ca. It was led by Senator FLAKE of Ari- p.m. on Monday, March 7, the Senate law enforcement agencies, anti-heroin zona, and he and Senator CARDIN, the vote in relation to the amendments in task forces, and treatment alternatives ranking member of the Foreign Rela- the order listed and that there be no to incarceration. It would have also de- tions Committee, Senator COCHRAN, second-degree amendments in order to livered necessary resources to health chairman of the Appropriations Com- these amendments prior to the votes. care professionals who are over- mittee, and I had an opportunity to The PRESIDING OFFICER. Is there whelmed by a need they cannot meet. meet with leaders from four different objection? No one should be turned away when countries. They are working tirelessly The Democratic leader.

VerDate Sep 11 2014 03:00 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.047 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 3, 2016 CONGRESSIONAL RECORD — SENATE S1273 Mr. REID. Mr. President, reserving order to call up the following amend- The PRESIDING OFFICER. Without the right to object. ments: No. 3334, Kirk; No. 3336, John- objection, it is so ordered. Our respective cloakrooms have been son, as modified; No. 3329, Durbin; No. Mr. MCCONNELL. I ask unanimous working for the better part of this 3337, Johnson, as modified; No. 3354, consent that the filing deadline for week to get a list of amendments that Gillibrand; No. 3366, Lankford; Markey- first-degree amendments to amend- could get votes. Paul related to the TREAT Act; No. ment No. 3378 and S. 524 be at 3:30 p.m. As everyone knows, we have had, on 3407, McCain; and No. 3408, McCain; fur- on Monday, March 7. our side, more than 60 amendments ther, that at 5:30 p.m., Monday, March The PRESIDING OFFICER. Without filed. So I want to hold my friend to an 7, the Senate vote in relation to the objection, it is so ordered. often-expressed promise that we would Durbin amendment No. 3329 and the Mr. MCCONNELL. I ask unanimous have a robust amendment process. Johnson amendment No. 3336; and that consent that notwithstanding the pro- Now, I know we aren’t going to get 60 there be no second-degree amendments visions of rule XXII, the cloture vote amendments—I got that—but there in order to these amendments prior to on the Grassley substitute amendment have been objections from Republicans the votes. No. 3378 occur at 5:30 p.m., Monday, to a number of amendments my Sen- The PRESIDING OFFICER. Is there March 7. ators want to offer. They want to do a objection? The PRESIDING OFFICER. Without few votes on a number of their amend- Mr. REID. Reserving the right to ob- objection, it is so ordered. ments. ject. I don’t like to admit this publicly f First of all, everyone should under- that I have learned anything from the stand we are not holding up this bill. Republican leader, but I have. One of MORNING BUSINESS The leader has indicated he is going to the things I have learned is that it is Mr. MCCONNELL. Mr. President, I file cloture today or tomorrow, so I got not right to have the majority pick the ask unanimous consent that the Sen- that. We are not going to oppose clo- votes of the minority, so I object. ate be in a period of morning business, ture, but we are not going to have the The PRESIDING OFFICER. Objec- with Senators permitted to speak other side determine what amendments tion is heard. therein for up to 10 minutes each. should be offered. We should be able to CLOTURE MOTION The PRESIDING OFFICER. Without pick what amendments we want to Mr. MCCONNELL. Mr. President, I objection, it is so ordered. offer. And I don’t think it is appro- send a cloture motion to the desk for f priate—for example, one of the amend- the Grassley substitute amendment REMEMBERING BERTA CACERES ments he chose is from a Senator run- No. 3378. ning for reelection. Is there some pur- The PRESIDING OFFICER. The clo- Mr. LEAHY. Mr. President, last night pose to that? I think we should have a ture motion having been presented Honduras lost one of its most coura- process where we have alternating under rule XXII, the Chair directs the geous, charismatic indigenous leaders, amendments, and we pick our amend- clerk to read the motion. Berta Caceres. Ms. Caceres was the ments. The legislative clerk read as follows: general coordinator of the National So I would ask my colleague to agree CLOTURE MOTION Council of Popular and Indigenous Or- to changing his unanimous consent re- We, the undersigned Senators, in accord- ganizations of Honduras, and she was quest so that it would be in order to ance with the provisions of rule XXII of the assassinated in her hometown of La call up the amendments I mention now. Standing Rules of the Senate, do hereby Esperanza, Intibuca. There would be an hour of debate on move to bring to a close debate on Senate According to initial reports, at least each amendment. We could certainly amendment No. 3378, the substitute amend- two people broke down the door of the even shorten that time significantly ment to S. 524, a bill to authorize the Attor- ney General to award grants to address the house where she was staying for the prior to a vote in relation to the evening and shot and killed her. amendments in the order listed, and no national epidemics of prescription opioid abuse and heroin use. Berta Caceres spent her life fighting second-degree amendments be in order Mitch McConnell, Chuck Grassley, Deb in defense of indigenous rights, par- prior to the votes: Durbin No. 3329, Fischer, John Barrasso, Shelley Moore ticularly to land and natural resources. Gillibrand No. 3354, Markey No. 3384— Capito, Roy Blunt, Johnny Isakson, In 2015, she won the prestigious Gold- who has been begging me for 4 days John Boozman, Mike Crapo, David Vit- man Environmental Prize for her out- now to get a vote on his amendment— ter, Mike Rounds, Bill Cassidy, James standing activism and leadership. Blumenthal No. 3327, Cardin No. 3421, E. Risch, Lindsey Graham, John McCain, Thom Tillis, Orrin G. Hatch. This horrific crime demonstrates McCaskill No. 3375, Wyden No. 3402, that no one, not even an internation- CLOTURE MOTION Heinrich No. 3372, Schatz No. 3413, and ally known social activist, is safe in Mr. MCCONNELL. Mr. President, I Markey No. 3382—10 out of 60. Honduras if they speak out against cor- send a cloture motion to the desk for The PRESIDING OFFICER. Will the ruption or abuse of authority. Her the underlying bill, S. 524. Senator so modify his request? death will have a profound impact on Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. The clo- the many communities she worked object to the modification. ture motion having been presented The PRESIDING OFFICER. Objec- under rule XXII, the Chair directs the with, her organization, Honduran civil tion is heard to the modification. clerk to read the motion. society, and all who knew her. Mr. REID. Mr. President, I object to The legislative clerk read as follows: Berta Caceres and COPINH have been supporting land struggles throughout the original request. CLOTURE MOTION The PRESIDING OFFICER. Objec- We, the undersigned Senators, in accord- western Honduras. In the last few tion is heard to the original request. ance with the provisions of rule XXII of the weeks, threats and violence towards Mr. MCCONNELL. Mr. President, I Standing Rules of the Senate, do hereby Berta and the communities she and her might just point out that apparently move to bring to a close debate on S. 524, a organization support had escalated. the amendment that was in my consent bill to authorize the Attorney General to In Rio Blanco on February 20, Berta, request that was objectionable to the award grants to address the national her organization, and the community other side was a simple amendment epidemics of prescription opioid abuse and of Rio Blanco were threatened as they heroin use. engaged in a peaceful protest to pro- from the Senator from Wisconsin to in- Mitch McConnell, Chuck Grassley, Deb clude a representative of the Indian Fischer, John Barrasso, Shelley Moore tect the river and their way of life from Health Service in the Pain Manage- Capito, Roy Blunt, Johnny Isakson, the construction of a large hydro- ment Best Practices Inter-Agency Task John Boozman, Mike Crapo, David Vit- electric dam by an internationally fi- Force. ter, Mike Rounds, Bill Cassidy, James nanced Honduran company. Mr. REID. Mr. President, I under- E. Risch, Lindsey Graham, John As a result of supporting the Rio stand, I am sure, the importance of McCain, Thom Tillis, Orrin G. Hatch. Blanco struggle, Berta had received this amendment, but the other amend- Mr. MCCONNELL. Mr. President, I many threats against her life and was ments are important also. ask unanimous consent that the man- granted, like dozens of other endan- Mr. MCCONNELL. Mr. President, I datory quorum calls with respect to gered Honduran social activists, pre- ask unanimous consent that it be in the cloture motions be waived. cautionary measures by the Inter-

VerDate Sep 11 2014 03:00 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.061 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1274 CONGRESSIONAL RECORD — SENATE March 3, 2016 American Commission on Human I extend to his family sincere condo- particularly in a State where the role Rights. lences and the thanks of a grateful Na- of unions has recently been challenged. Berta Caceres was an inspiration to tion for Justice Scalia’s distinguished Over the years, I have been honored people around the world, and her death contributions and service to our Na- to stand in solidarity with John on the is a great loss for all the people of Hon- tion. issues and am proud to call him my duras. The immediate question is what f friend. On the occasion of his retire- President Hernandez and his govern- ment, I am pleased to recognize John ment, which has too often ignored or ADDITIONAL STATEMENTS Matthew’s longstanding dedication to passively condoned attacks against Madison Teachers Incorporated and his fight to protect the rights and personal Honduran social activists, will do to TRIBUTE TO JOHN MATTHEWS support an independent investigation, livelihood of the Madison teachers he ∑ prosecution, and punishment of those Ms. BALDWIN. Mr. President, today served. He has impacted lives through responsible for this despicable crime I wish to honor John Matthews on his his constant engagement, personal and, beyond that, what steps will the recent retirement from Madison Teach- kindness, and fiery leadership. I wish government take to protect the many ers Incorporated, MTI, after serving John and his family all the best in his others, including members of COPINH, the local teachers union for an impres- retirement and happiness for many who are in need of protection, and to sive 48 years as executive director. years to come.∑ stand up for the rights of people like Hired in 1968 as MTI’s first executive f secretary, a title subsequently changed Berta who risk their lives peacefully TRIBUTE TO SERGEANT TIM defending the environment and their to executive director, it is believed that John is one of the longest serving LINGLE livelihoods. ∑ The answers to those questions will full-time heads of a teachers’ union in Mr. DAINES. Mr. President, today I weigh heavily on the Congress’s sup- the country. wish to recognize Sergeant Tim Lingle port for future assistance for that gov- Formed as the Madison Education of the Roosevelt County Sheriff’s of- ernment. Association, MEA, in the 1930s, MTI fice. Sergeant Lingle has recently been served as a predominantly professional named the Montana American Legion f organization until 1964 when it became Law Enforcement Officer of the Year. REMEMBERING JUSTICE ANTONIN certified as the exclusive collective Sergeant Lingle has been living and SCALIA bargaining agent for teachers serving working in Roosevelt County for 15 Mr. COCHRAN. Mr. President, with in the Madison Metropolitan School years, 9 of those years has been for the the passing of Supreme Court Justice District, MMSD. In rapid succession, county’s sheriff’s office. He started his Antonin Scalia, our Nation has lost an the first professional negotiations com- Montana law enforcement career with exceptional jurist and unshakable de- mittee, PNC, was elected in 1965, fol- Poplar Police Department in 2000, then fender of the U.S. Constitution. lowed by a name change to Madison moved to the Fort Peck Department of Justice Scalia will be remembered Teachers Incorporated, MTI, in 1966. Law and Justice before transferring to for using his substantial intellect to af- With an expanding membership of ap- Roosevelt County Sheriff’s Office. Sergeant Lingle serves the Roosevelt fect how the American public views the proximately 1,125, MTI realized the County Sheriff’s Office not only as a Constitution and the role of the courts need for professional staff, hiring John sergeant but also as deputy coroner, in interpreting the law. His thoughtful to lead their efforts in June of 1968. firearms instructor, and as the opinions over nearly 30 years on the Growing up in Billings, MT, as the Culbertson-Bainville-Froid contract Court shaped modern jurisprudence and son of the State budget director and the grandson of a Montana Supreme deputy. He has also served the State of helped facilitate a larger discussion on Montana as a member of the American Court justice, John began to develop the role of the Constitution in contem- Legion and has attended training as a his passion for fighting injustice within porary terms and application. driving instructor and a DARE instruc- Justice Scalia had an accomplished his grandfather’s chambers, as well as tor. in and around the Montana State Cap- career as an attorney, law professor, Sergeant Lingle has always gone the itol. In 1968, as a high school history general counsel for the Office of Tele- extra mile for the county, community, and English teacher, John almost im- communications Policy, chairman of and the sheriff’s office. He never fails mediately found himself involved in the Administrative Conference, Assist- to show his loyalty and passion to the negotiations regarding health care cov- ant Attorney General for the Office of citizens of Roosevelt County. Legal Counsel for the Department of erage for teachers. It was a path that I would also like to highlight the re- Justice, and as a judge for the U.S. would define both the man and his ca- cent efforts by Sergeant Lingle and the Court of Appeals for the District of Co- reer in a profound way. entire Roosevelt County Sheriff’s Of- lumbia Circuit. It was an honor for me His almost five decades as MTI exec- fice in the search of missing 4-year-old to support his confirmation as an Asso- utive director have been dedicated to Maci Lilley, who I am happy to report ciate Justice of the Supreme Court fol- protecting MTI’s employees and the has been found and reunited with her lowing his nomination by President teachers of Madison’s public schools. family. Reagan in 1986. His strong belief in the power of con- Thank you Sergeant Lingle and all of Justice Scalia, who had a great love tracts, especially in a school district Roosevelt County Sheriff’s Office for for the arts, education, and hunting, where contracts govern schools, has their tireless efforts and dedication to developed an affinity for the State of guided his every decision. Under his law enforcement for the State of Mon- Mississippi and made many friends dur- leadership, MTI has negotiated for the tana.∑ ing his visits to my State. Many Mis- enforcement of strong contracts that f sissippians shared Justice Scalia’s in- uphold and strengthen the rights of terest in hunting deer, duck, quail, and teachers. His undeniable dedication to TRIBUTE TO PAULA FRANCIS turkey, but his most important influ- the teachers’ union has been dem- ∑ Mr. HELLER. Mr. President, today I ence on Mississippi may result from onstrated in his fiery leadership style wish to congratulate Paula Francis on the generous time he invested speaking and tenacity to speak out and protect her retirement after bringing the great to young scholars during his visits to workers’ rights to collectively bargain. State of Nevada accurate and reliable university campuses in my State. Described by others as engaged, in- news coverage for the last 30 years. Ms. We mark Justice Scalia’s passing by sightful, and ever ready to not only lis- Francis was an important icon in Ne- rightfully acknowledging his many ten to teachers’ concerns but act on vada journalism, bringing local resi- years of public service, his defense of them, John’s leadership exemplifies an dents nightly news at 5, 6, and 11 p.m. the founding principles of our Nation, unwavering dedication to the rights of Her passionate and in-depth coverage and his steadfast adherence to a con- public school teachers and public work- of southern Nevada’s news will be sore- servative view of our Constitution. I ers. His success in leading MTI is evi- ly missed. am proud to have known and supported denced by the positive actions and out- Ms. Francis’s career began in Madi- him. comes achieved by organized labor, son, WI, immediately after graduating

VerDate Sep 11 2014 04:33 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.015 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 3, 2016 CONGRESSIONAL RECORD — SENATE S1275 from the University of Wisconsin-Madi- years, guiding teams at both Wash- tivals, factory openings, and, among son. In 1985, she moved to Las Vegas, ington State University and the Uni- her last stories, a characteristically de- beginning her experience in broadcast versity of Nevada, Reno successfully tailed and colorful article on a pro- journalism for southern Nevada at through numerous seasons. In 2002, he posal to renew bobcat hunting in the KTNV. In 1988, Ms. Francis joined was chosen for the role of CEO at the North Country. KLAS’s news team, initially starting Chamber, and he served the State of Over the years, Edith became a fix- her extended tenure with the news sta- Nevada in this position for over a dec- ture on the landscape of New Hamp- tion as a health reporter. After proving ade. As CEO, Mr. Stevens led the shire’s first-in-the-Nation primary. to be an invaluable resource to the Chamber through challenging times, Presidential candidates knew that to news team, she moved into the anchor including the merger of chambers of gain credibility with North Country chair. During her time on air, Ms. commerce in Reno and Sparks. This voters, they needed to successfully Francis placed a special emphasis on merger, which was one of the largest navigate a grilling from Edith. She has health care issues, familiarizing view- and most complex mergers in northern been a regular public affairs commen- ers with important health information, Nevada history, led to creation of the tator on ‘‘The Exchange with Laura in addition to bringing southern Ne- Chamber in 2011. This incredible orga- Knoy,’’ a popular New Hampshire Pub- vada breaking news coverage. nization has helped businesses through lic Radio call-in show. Throughout her tenure, Ms. Francis times of economic downturn to stay on As State Representative Rebecca was recognized as Best TV Anchor in their feet and succeed. Through the in- Brown, a longtime colleague of hers, Las Vegas by Las Vegas Review Jour- credible work of the Chamber, northern noted: ‘‘Edith embraced small town re- nal readers more than 15 times and was Nevada’s business community con- porting. She was indefatigable, includ- inducted into the Nevada Broadcasters tinues to thrive and maintain a high ing putting countless miles on the old Association hall of fame and the KLAS quality of life for residents. We are for- Jeep, in which she took to carrying a TV Hall of Fame. Ms. Francis went tunate to have had someone like Mr. step ladder in case she needed to get a above and beyond in her ambitions to Stevens leading the way at this impor- better camera vantage over a taller bring Nevadans up-to-date and truthful tant establishment. crowd.’’ news coverage. The accolades she has Throughout his tenure, Mr. Stevens Edith speaks with unrivaled knowl- received are awarded to only the great- served as a powerful voice, advocating edge and insight about her beat, the est of Nevada journalists, and without for businesses across northern Nevada. North Country. No reporter has better a doubt, she deserves each one. His hard work brought greater atten- captured the struggle and indomitable For the past 30 years, Ms. Francis has tion to the needs of this community, spirit of that region. In her early years been a tremendous contributor to and I am grateful for everything he has with the Democrat, her stories docu- southern Nevada journalism. Her com- done to support it. Under his leader- mented the pain and upheaval of too mitment to the local community is ship, the Chamber saw consistent many devastating factory closings and without question, creating a great growth in membership, as well as addi- job losses. More recently, she has cov- amount of trust between the viewers tional opportunities for business lead- ered heartening stories of new busi- and the station. She stands as a role ers to come together. He also imple- model to journalists across Nevada nesses and development projects flow- mented new programs to helps resi- with her unwavering dedication to fa- ing to the region, creating new jobs dents, including the Young Entre- miliarizing herself with the local and opportunities. preneurs Academy, which is a yearlong issues. The knowledge she gained In many retirement tributes, Edith program that teaches middle school throughout her tenure is irreplaceable Tucker has been described as a North and high school students the mechan- to the newsroom. Ms. Francis’s legacy Country institution and icon, but I sus- both at KLAS and within Nevada jour- ics of operating a business. His work pect Edith would prefer to be recog- nalism will be felt for years to come. for northern Nevada is invaluable. nized simply as a skilled, hard-working Outside of her career, Ms. Francis Mr. Stevens has demonstrated profes- beat journalist, always determined to continues to be highly involved in a sionalism, commitment to excellence, get the story right and keep her com- number of activities for the betterment and dedication to the highest standards munity informed. She did exactly that of the local community. She is a found- during his tenure at the Chamber. I am for two decades. ing member of the Nevada chapter of both humbled and honored by his serv- Edith Tucker has made the Granite the International Women’s Forum and ice and am proud to call him a fellow State a better place, both by what she serves as a member of the board of Nevadan. Today I ask all of my col- has accomplished and by who she is. trustees for the Shade Tree Endow- leagues to join me in congratulating There are many more stories—and ment Fund. She has also received nu- Mr. Stevens on his retirement from the chapters—yet to be written in the life merous humanitarian awards for her Chamber and in wishing him well in his of this beloved and accomplished jour- efforts and spearheaded Buddy Check 8, future endeavors. I give my deepest ap- nalist. I join with people across the a campaign to increase breast cancer preciation for all that he has done for North Country in thanking Edith for a awareness. I extend my deepest grati- the Silver State.∑ job superbly done and wishing her tude for all of her efforts on behalf of f many happy years in retirement.∑ the Silver State. TRIBUTE TO EDITH TUCKER I ask my colleagues and all Nevadans f ∑ Mrs. SHAHEEN. Mr. President, last to join me in thanking Ms. Francis for MESSAGES FROM THE PRESIDENT her tireless dedication to bringing month, one of New Hampshire’s most southern Nevada excellent news cov- respected veteran journalists retired Messages from the President of the erage and in congratulating her on her after two decades of prolific work at United States were communicated to retirement. I wish her well in all of her the Coos County Democrat, a weekly the Senate by Mr. Williams, one of his future endeavors.∑ newspaper based in Lancaster, in my secretaries. State’s North Country. I have had the f privilege of knowing Edith and admir- f TRIBUTE TO LEN STEVENS ing her work since I first ran for Gov- EXECUTIVE MESSAGES REFERRED ∑ Mr. HELLER. Mr. President, today I ernor in 1996. In particular, I have re- wish to congratulate Len Stevens on spected her extraordinary work ethic. As in executive session the Presiding his retirement after serving as CEO of She was the only full-time reporter Officer laid before the Senate messages the Chamber for nearly 14 years. It with the Democrat, often filing several from the President of the United gives me great pleasure to recognize stories a day. At times, the front page States submitting sundry nominations his years of dedication to creating would be filled with stories carrying and withdrawals which were referred to growth and success for northern Ne- her byline. the appropriate committees. vada’s business community. No story was too big or too small for (The messages received today are Before joining the Chamber, Mr. Ste- Edith. She covered Presidential cam- printed at the end of the Senate pro- vens served as a basketball coach for 34 paigns, select board meetings, fes- ceedings.)

VerDate Sep 11 2014 04:33 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G03MR6.049 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1276 CONGRESSIONAL RECORD — SENATE March 3, 2016 MESSAGE FROM THE HOUSE Committee on Agriculture, Nutrition, and EC–4610. A communication from the Pro- Forestry. gram Specialist of the Legislative and Regu- At 11:35 a.m., a message from the EC–4601. A communication from the Direc- latory Activities Division, Office of the House of Representatives, delivered by tor of the Regulatory Management Division, Comptroller of the Currency, Department of Mrs. Cole, one of its reading clerks, an- Environmental Protection Agency, transmit- the Treasury, transmitting, pursuant to law, nounced that the House has passed the ting, pursuant to law, the report of a rule en- the report of a rule entitled ‘‘Expanded Ex- following bill, in which it requests the titled ‘‘Alpha-[2,4,6-Tris[1-(phen amination Cycle for Certain Small Insured concurrence of the Senate: yl)ethyl]phenyl]-OMEGA- Depository Institutions and U.S. Branches hydroxypoly(oxyethylene)poly and Agencies of Foreign Banks’’ (RIN1557– H.R. 3716. An act to amend title XIX of the (oxypropylene)copolymer; Tolerance Exemp- AE01) received in the Office of the President Social Security Act to require States to pro- tion’’ (FRL No. 9942–48–OCSPP) received in of the Senate on March 2, 2016; to the Com- vide to the Secretary of Health and Human the Office of the President of the Senate on mittee on Banking, Housing, and Urban Af- Services certain information with respect to March 2, 2016; to the Committee on Agri- fairs. provider terminations, and for other pur- culture, Nutrition, and Forestry. EC–4611. A communication from the Direc- poses. EC–4602. A communication from the Direc- tor of the Regulatory Management Division, ENROLLED BILL SIGNED tor of the Regulatory Management Division, Environmental Protection Agency, transmit- At 11:58 a.m., a message from the Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- House of Representatives, delivered by ting, pursuant to law, the report of a rule en- titled ‘‘Rulemaking to Affirm Interim titled ‘‘Trifloxystrobin; Pesticide Toler- Mrs. Cole, one of its reading clerks, an- Amendments to Dates in Federal Implemen- ances’’ (FRL No. 9941–92–OCSPP) received in tation Plans Addressing Interstate Trans- nounced that the Speaker has signed the Office of the President of the Senate on port of Ozone and Fine Particulate Matter’’ the following enrolled bill: February 25, 2016; to the Committee on Agri- ((RIN2060–AS40) (FRL No. 9943–36–OAR)) re- S. 1596. An act to designate the facility of culture, Nutrition, and Forestry. ceived in the Office of the President of the the United States Postal Service located at EC–4603. A communication from the Direc- Senate on March 2, 2016; to the Committee 2082 Stringtown Road in Grove City, Ohio, as tor of the Regulatory Management Division, on Environment and Public Works. the ‘‘Specialist Joseph W. Riley Post Office Environmental Protection Agency, transmit- EC–4612. A communication from the Direc- Building’’. ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, titled ‘‘D-Glucitol, 1-deoxy-1-(methylamino)- Environmental Protection Agency, transmit- The enrolled bill was subsequently , N–C8–10 acyl derivatives; Exemption from ting, pursuant to law, the report of a rule en- signed by the President pro tempore the Requirement of a Tolerance’’ (FRL No. titled ‘‘Approval of Arizona Air Plan Revi- (Mr. HATCH). 9942–43–OCSPP) received in the Office of the sions; Phoenix, Arizona; Second 10-Year Car- f President of the Senate on February 25, 2016; bon Monoxide Maintenance Plan’’ (FRL No. to the Committee on Agriculture, Nutrition, 9942–17–Region 9) received in the Office of the MEASURES REFERRED and Forestry. President of the Senate on March 2, 2016; to The following bill was read the first EC–4604. A communication from the Con- the Committee on Environment and Public gressional Review Coordinator, Animal and and the second times by unanimous Works. Plant Health Inspection Service, Department EC–4613. A communication from the Direc- consent, and referred as indicated: of Agriculture, transmitting, pursuant to tor of the Regulatory Management Division, H.R. 3716. An act to amend title XIX of the law, the report of a rule entitled ‘‘Golden Environmental Protection Agency, transmit- Social Security Act to require States to pro- Nematode; Removal of Regulated Areas in ting, pursuant to law, the report of a rule en- vide to the Secretary of Health and Human Orleans, Nassau, and Suffolk Counties, New titled ‘‘Air Plan Disapproval; Georgia: Dis- Services certain information with respect to York’’ (Docket No. APHIS–2015–0040) re- approval of Automatic Rescission Clause’’ provider terminations, and for other pur- ceived in the Office of the President of the (FRL No. 9943–35–Region 4) received in the poses; to the Committee on Finance. Senate on February 25, 2016; to the Com- Office of the President of the Senate on f mittee on Agriculture, Nutrition, and For- March 2, 2016; to the Committee on Environ- estry. ment and Public Works. EXECUTIVE AND OTHER EC–4605. A communication of from the Di- EC–4614. A communication from the Direc- COMMUNICATIONS rector of the Transparency and Account- tor of the Regulatory Management Division, ability Reporting Division, Office of the Environmental Protection Agency, transmit- The following communications were Chief Financial Officer, Department of Agri- ting, pursuant to law, the report of a rule en- laid before the Senate, together with culture, transmitting, pursuant to law, the titled ‘‘Air Plan Approval; Wisconsin; Base accompanying papers, reports, and doc- report of a rule entitled ‘‘Uniform Adminis- Year Emission Inventories for the 2008 8- uments, and were referred as indicated: trative Requirements, Cost Principles, and Hour Ozone Standard’’ (FRL No. 9943–31–Re- EC–4597. A communication from the Direc- Audit Requirements for Federal Awards’’ gion 5) received in the Office of the President tor of the Regulatory Management Division, (RIN0505–AA15) received in the Office of the of the Senate on March 2, 2016; to the Com- Environmental Protection Agency, transmit- President of the Senate on February 25, 2016; mittee on Environment and Public Works. ting, pursuant to law, the report of a rule en- to the Committee on Agriculture, Nutrition, EC–4615. A communication from the Direc- titled ‘‘Zoxamide; Pesticide Tolerances’’ and Forestry. tor of the Regulatory Management Division, EC–4606. A communication from the Acting (FRL No. 9942–18–OCSPP) received in the Of- Environmental Protection Agency, transmit- Principal Deputy Under Secretary of Defense fice of the President of the Senate on March ting, pursuant to law, the report of a rule en- (Personnel and Readiness), transmitting a 2, 2016; to the Committee on Agriculture, Nu- titled ‘‘Air Plan Approval; Ohio; Regional report on the approved retirement of General Haze Glatfelter BART SIP Revision’’ (FRL trition, and Forestry. Lloyd J. Austin III, United States Army, and No. 9943–29–Region 5) received in the Office of EC–4598. A communication from the Direc- his advancement to the grade of general on the President of the Senate on March 2, 2016; tor of the Regulatory Management Division, the retired list; to the Committee on Armed to the Committee on Environment and Pub- Environmental Protection Agency, transmit- Services. lic Works. ting, pursuant to law, the report of a rule en- EC–4607. A communication from the Acting EC–4616. A communication from the Direc- titled ‘‘Penoxsulam; Pesticide Tolerances’’ Principal Deputy Under Secretary of Defense tor of the Regulatory Management Division, (FRL No. 9940–36–OCSPP) received in the Of- (Personnel and Readiness), transmitting a Environmental Protection Agency, transmit- fice of the President of the Senate on March report on the approved retirement of Lieu- ting, pursuant to law, the report of a rule en- 2, 2016; to the Committee on Agriculture, Nu- tenant General Mary A. Legere, United titled ‘‘Air Plan Approval; Illinois; Base trition, and Forestry. States Army, and her advancement to the Year Emission Inventories for the 2008 8- EC–4599. A communication from the Direc- grade of lieutenant general on the retired Hour Ozone Standard’’ (FRL No. 9943–33–Re- tor of the Regulatory Management Division, list; to the Committee on Armed Services. gion 5) received in the Office of the President Environmental Protection Agency, transmit- EC–4608. A communication from the Acting of the Senate on March 2, 2016; to the Com- ting, pursuant to law, the report of a rule en- Principal Deputy Under Secretary of Defense mittee on Environment and Public Works. titled ‘‘Pendimethalin; Tolerance Actions; (Personnel and Readiness), transmitting the EC–4617. A communication from the Direc- Correction’’ (FRL No. 9942–24–OCSPP) re- report of ten (10) officers authorized to wear tor of the Regulatory Management Division, ceived in the Office of the President of the the insignia of the grade of major general or Environmental Protection Agency, transmit- Senate on March 2, 2016; to the Committee brigadier general in accordance with title 10, ting, pursuant to law, the report of a rule en- on Agriculture, Nutrition, and Forestry. United States Code, section 777; to the Com- titled ‘‘Federal Plan Requirements for Sew- EC–4600. A communication from the Direc- mittee on Armed Services. age Sludge Incineration Units Constructed tor of the Regulatory Management Division, EC–4609. A communication from the Acting on or Before October 14, 2010’’ ((RIN2060– Environmental Protection Agency, transmit- Under Secretary of Defense (Personnel and AR77) (FRL No. 9940–50–OAR)) received in ting, pursuant to law, the report of a rule en- Readiness), transmitting the report of an of- the Office of the President of the Senate on titled ‘‘Fluensulfone; Pesticide Tolerance for ficer authorized to wear the insignia of the February 25, 2016; to the Committee on Envi- Emergency Exemption’’ (FRL No. 9942–10– grade of brigadier general in accordance with ronment and Public Works. OCSPP) received in the Office of the Presi- title 10, United States Code, section 777; to EC–4618. A communication from the Direc- dent of the Senate on March 2, 2016; to the the Committee on Armed Services. tor of the Regulatory Management Division,

VerDate Sep 11 2014 04:33 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.006 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 3, 2016 CONGRESSIONAL RECORD — SENATE S1277 Environmental Protection Agency, transmit- EC–4627. A communication from the Under By Ms. WARREN (for herself, Mrs. ting, pursuant to law, the report of a rule en- Secretary of Commerce for Intellectual MURRAY, Ms. MIKULSKI, Mr. SANDERS, titled ‘‘Approval of Iowa’s Air Quality Imple- Property and Director of the United States Mr. CASEY, Mr. FRANKEN, Mr. BEN- mentation Plans; Iowa Plan for the 2008 Lead Patent and Trademark Office, transmitting NET, Mr. WHITEHOUSE, Ms. BALDWIN, Standard’’ (FRL No. 9942–79–Region 7) re- proposed legislation entitled ‘‘Beijing Treaty and Mr. MURPHY): ceived in the Office of the President of the Implementation Act of 2016’’; to the Com- S. 2624. A bill to establish the ‘‘Biomedical Senate on February 25, 2016; to the Com- mittee on the Judiciary. Innovation Fund’’, and for other purposes; to mittee on Environment and Public Works. EC–4628. A communication from the Assist- the Committee on Health, Education, Labor, EC–4619. A communication from the Direc- ant Attorney General, Office of Legislative and Pensions. tor of the Regulatory Management Division, Affairs, Department of Justice, transmit- By Mr. TOOMEY: Environmental Protection Agency, transmit- ting, pursuant to law, a report entitled ‘‘Uni- S. 2625. A bill to protect our ting, pursuant to law, the report of a rule en- formed Services Employment and Reemploy- servicemembers’ children from convicted titled ‘‘Approval and Promulgation of Air ment Rights Act of 1994 (USERRA) Quarterly pedophiles and other felons infiltrating the Quality Implementation Plans; Virginia; Report to Congress; First Quarter of Fiscal classroom; to the Committee on Armed Serv- ices. Prevention of Significant Deterioration; Year 2016’’; to the Committee on Veterans’ By Mr. PETERS (for himself and Mr. Fine Particulate Matter’’ (FRL No. 9942–90– Affairs. MORAN): Region 3) received in the Office of the Presi- EC–4629. A communication from the Sec- dent of the Senate on February 25, 2016; to S. 2626. A bill to authorize the operation of retary of the Commission, Bureau of Con- unmanned aircraft systems by institutions the Committee on Environment and Public sumer Protection, Federal Trade Commis- Works. of higher education for educational and re- sion, transmitting, pursuant to law, the re- search purposes; to the Committee on Com- EC–4620. A communication from the Direc- port of a rule entitled ‘‘Automotive Fuel tor of the Regulatory Management Division, merce, Science, and Transportation. Ratings, Certification and Posting’’ Environmental Protection Agency, transmit- By Mr. HELLER (for himself and Mr. (RIN3084–AB39) received in the Office of the ting, pursuant to law, the report of a rule en- REID): President of the Senate on March 1, 2016; to titled ‘‘Approval and Promulgation of Air S. 2627. A bill to adjust the boundary of the the Committee on Commerce, Science, and Quality Implementation Plans; State of Mojave National Preserve; to the Committee Transportation. Utah; Revisions to the Utah Division of Ad- on Energy and Natural Resources. ministrative Rules, R307–300 Series; Area f By Mr. COONS: Source Rules for Attainment of Fine Partic- S. 2628. A bill to authorize the National PETITIONS AND MEMORIALS Emergency Medical Services Memorial ulate Matter Standards’’ (FRL No. 9935–54– Foundation to establish a commemorative Region 8) received in the Office of the Presi- The following petition or memorial work in the District of Columbia and its en- dent of the Senate on February 25, 2016; to was laid before the Senate and was re- virons, and for other purposes; to the Com- the Committee on Environment and Public ferred or ordered to lie on the table as mittee on Energy and Natural Resources. Works. indicated: EC–4621. A communication from the Direc- By Mr. CARDIN (for himself, Mr. ISAK- tor of the Regulatory Management Division, POM–132. A petition from a citizen of the SON, Mr. COONS, Mr. KAINE, and Mr. Environmental Protection Agency, transmit- State of Minnesota relative to the election MARKEY): S. 2629. A bill to establish in the United ting, pursuant to law, the report of a rule en- of a Senator; to the Committee on Rules and States Agency for International Develop- titled ‘‘Air Quality: Revision to the Regu- Administration. ment an entity to be known as the United latory Definition of Volatile Organic Com- f States Global Development Lab, and for pounds—Requirements for t-Butyl Acetate’’ other purposes; to the Committee on Foreign ((RIN2060–AR65) (FRL No. 9942–80–OAR)) re- EXECUTIVE REPORTS OF COMMITTEE Relations. ceived in the Office of the President of the By Mr. FRANKEN (for himself and Senate on February 25, 2016; to the Com- The following executive reports of Mrs. GILLIBRAND): mittee on Environment and Public Works. nominations were submitted: S. 2630. A bill to amend the Fair Labor EC–4622. A communication from the Assist- Standards Act of 1938 to require certain dis- By Mr. THUNE for the Committee on Com- ant Attorney General, Office of Legislative closures be included on employee pay stubs, merce, Science, and Transportation. Affairs, Department of Justice, transmit- and for other purposes; to the Committee on ting, pursuant to law, a report entitled ‘‘Re- * Thomas F. Scott Darling, III, of Massa- Health, Education, Labor, and Pensions. port of the Attorney General to the Congress chusetts, to be Administrator of the Federal By Mr. DURBIN (for himself and Mr. of the United States on the Administration Motor Carrier Safety Administration. MENENDEZ): of the Foreign Agents Registration Act of * Daniel B. Maffei, of New York, to be a S. 2631. A bill to amend the Residential 1938, as amended, for the six months ending Federal Maritime Commissioner for a term Lead-Based Paint Hazard Reduction Act of June 30, 2015’’; to the Committee on Foreign expiring June 30, 2017. 1992 to define environmental intervention Relations. * Coast Guard nomination of Francis S. blood lead level, and for other purposes; to EC–4623. A communication from the Assist- Pelkowski, to be Rear Admiral . the Committee on Banking, Housing, and ant Secretary, Legislative Affairs, Depart- * Coast Guard nomination of Rear Adm. Urban Affairs. ment of State, transmitting, pursuant to Fred M. Midgette, to be Vice Admiral. By Mr. CASSIDY: law, a report consistent with the Authoriza- S. 2632. A bill to promote freedom, human tion for Use of Military Force Against Iraq * Nomination was reported with rec- ommendation that it be confirmed sub- rights, and the rule of law as part of United Resolution of 2002 (P.L. 107–243) and the Au- States-Vietnam relations and for other pur- thorization for the Use of Force Against Iraq ject to the nominee’s commitment to poses; to the Committee on Foreign Rela- Resolution of 1991 (P.L. 102–1) for the August respond to requests to appear and tes- tions. 15, 2015—October 13, 2015 reporting period; to tify before any duly constituted com- By Mr. TESTER (for himself, Mr. the Committee on Foreign Relations. mittee of the Senate. BLUMENTHAL, Mr. BENNET, Mr. EC–4624. A communication from the Sec- f UDALL, Mr. BROWN, and Ms. retary of Health and Human Services, trans- HEITKAMP): mitting, pursuant to law, the report of a pe- INTRODUCTION OF BILLS AND S. 2633. A bill to improve the ability of the tition to add workers who were employed at JOINT RESOLUTIONS Secretary of Veterans Affairs to provide Battelle Laboratories at the King Avenue health care to veterans through non-Depart- site in Columbus, Ohio, to the Special Expo- The following bills and joint resolu- ment health care providers, and for other sure Cohort; to the Committee on Health, tions were introduced, read the first purposes; to the Committee on Veterans’ Af- Education, Labor, and Pensions. and second times by unanimous con- fairs. EC–4625. A communication from the Acting sent, and referred as indicated: By Mr. FRANKEN: Director, Pay and Leave, Office of Personnel S. 2634. A bill to establish an interagency Management, transmitting, pursuant to law, By Mrs. GILLIBRAND: One Health Program, and for other purposes; the report of a rule entitled ‘‘Prevailing Rate S. 2622. A bill to authorize the Secretary of to the Committee on Health, Education, Systems; Definition of Hancock County, Mis- the Interior to conduct a special resource Labor, and Pensions. sissippi, to a Nonappropriated Fund Federal study of Fort Ontario in the State of New By Ms. CANTWELL (for herself, Mr. Wage System Wage Area’’ (RIN3206–AN20) re- York; to the Committee on Energy and Nat- SULLIVAN, and Mrs. MURRAY): ceived in the Office of the President of the ural Resources. S. 2635. A bill to enhance the ability of the Senate on February 25, 2016; to the Com- By Mr. FRANKEN (for himself, Mr. United States to carry out icebreaking in mittee on Homeland Security and Govern- WHITEHOUSE, Mr. BROWN, and Mr. the polar regions and for other purposes; to mental Affairs. UDALL): the Committee on Commerce, Science, and EC–4626. A communication from the Report S. 2623. A bill to amend the Internal Rev- Transportation. to the Nation Delegation Director, Boy enue Code of 1986 to deny the deduction for By Mr. TESTER: Scouts of America, transmitting, pursuant advertising and promotional expenses for S. 2636. A bill to amend the Act of June 18, to law, the organization’s 2015 annual report; prescription drugs; to the Committee on Fi- 1934, to require mandatory approval of appli- to the Committee on the Judiciary. nance. cations for land to be taken into trust if the

VerDate Sep 11 2014 03:00 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.009 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1278 CONGRESSIONAL RECORD — SENATE March 3, 2016 land is wholly within a reservation, and for S. Res. 387. A resolution congratulating the shire (Mrs. SHAHEEN) was added as a co- other purposes; to the Committee on Indian Historic Columbia River Highway on its sponsor of S. 1890, a bill to amend chap- Affairs. 100th year; to the Committee on Environ- ter 90 of title 18, United States Code, to By Mr. SULLIVAN (for himself and Ms. ment and Public Works. provide Federal jurisdiction for the MURKOWSKI): By Mrs. SHAHEEN (for herself, Ms. S. 2637. A bill to amend the Migratory Bird COLLINS, Mrs. BOXER, Ms. MIKULSKI, theft of trade secrets, and for other Treaty Act to clarify the treatment of au- Mr. MARKEY, Mrs. FEINSTEIN, Mr. purposes. thentic Alaska Native articles of handicraft WHITEHOUSE, Ms. BALDWIN, Mrs. S. 1989 containing nonedible migratory bird parts, GILLIBRAND, Mrs. MURRAY, Mr. DUR- At the request of Mr. CASSIDY, the and for other purposes; to the Committee on BIN, Mr. CARDIN, Mr. KIRK, Ms. WAR- name of the Senator from Louisiana Environment and Public Works. REN, Mr. MURPHY, and Ms. CANT- (Mr. VITTER) was added as a cosponsor By Mr. SULLIVAN: WELL): S. 2638. A bill to provide for the issuance of S. Res. 388. A resolution supporting the of S. 1989, a bill to improve access to a Battle of Midway 75th Anniversary goals of International Women’s Day; to the primary care services. Semipostal Stamp; to the Committee on Committee on Foreign Relations. S. 2185 Homeland Security and Governmental Af- By Mr. SCHUMER (for himself and Mr. At the request of Ms. HEITKAMP, the fairs. GRASSLEY): name of the Senator from Missouri By Mr. LEAHY (for himself and Mr. S. Res. 389. A resolution designating March (Mr. BLUNT) was added as a cosponsor MCCAIN): 6, 2016, as the first annual ‘‘World of S. 2185, a bill to require the Sec- S. 2639. A bill to direct the Director of the Lymphedema Day’’ ; considered and agreed Government Publishing Office to provide to. retary of the Treasury to mint coins in members of the public with Internet access By Mr. COONS (for himself and Mr. recognition of the fight against breast to Congressional Research Service reports, INHOFE): cancer. and for other purposes; to the Committee on S. Res. 390. A resolution designating March S. 2235 Rules and Administration. 3, 2016 as ‘‘World Wildlife Day’’ ; considered At the request of Mr. MARKEY, the By Ms. MURKOWSKI (for herself, Ms. and agreed to. name of the Senator from Ohio (Mr. CANTWELL, and Mr. SULLIVAN): f BROWN) was added as a cosponsor of S. S. 2640. A bill to amend the market name of genetically altered salmon in the United ADDITIONAL COSPONSORS 2235, a bill to repeal debt collection amendments made by the Bipartisan States, and for other purposes; to the Com- S. 578 Budget Act of 2015. mittee on Health, Education, Labor, and At the request of Ms. COLLINS, the Pensions. name of the Senator from Ohio (Mr. S. 2373 By Mr. SCHUMER: PORTMAN) was added as a cosponsor of At the request of Ms. CANTWELL, the S. 2641. A bill to amend the Public Health name of the Senator from North Caro- Service Act, in relation to requiring S. 578, a bill to amend title XVIII of the adrenoleukodystrophy screening of Social Security Act to ensure more lina (Mr. TILLIS) was added as a co- newborns; to the Committee on Health, Edu- timely access to home health services sponsor of S. 2373, a bill to amend title cation, Labor, and Pensions. for Medicare beneficiaries under the XVIII of the Social Security Act to By Ms. KLOBUCHAR (for herself and Medicare program. provide for Medicare coverage of cer- Mr. WARNER): S. 901 tain lymphedema compression treat- S. 2642. A bill to require air carriers to pro- At the request of Mr. MORAN, the ment items as items of durable medical vide training to certain employees and con- equipment. tractors to combat human trafficking; to the name of the Senator from North Caro- S. 2426 Committee on Commerce, Science, and lina (Mr. BURR) was added as a cospon- Transportation. sor of S. 901, a bill to establish in the At the request of Mr. GARDNER, the name of the Senator from Texas (Mr. f Department of Veterans Affairs a na- tional center for research on the diag- CORNYN) was added as a cosponsor of S. SUBMISSION OF CONCURRENT AND nosis and treatment of health condi- 2426, a bill to direct the Secretary of SENATE RESOLUTIONS tions of the descendants of veterans ex- State to develop a strategy to obtain The following concurrent resolutions posed to toxic substances during serv- observer status for Taiwan in the and Senate resolutions were read, and ice in the Armed Forces that are re- International Criminal Police Organi- referred (or acted upon), as indicated: lated to that exposure, to establish an zation, and for other purposes. By Mr. BOOKER (for himself, Mr. NEL- advisory board on such health condi- S. 2536 SON, Mr. CRUZ, Mr. PETERS, and Mr. tions, and for other purposes. At the request of Mr. SCHATZ, the MENENDEZ): S. 1506 name of the Senator from Mississippi S. Res. 385. A resolution recognizing the At the request of Mr. DURBIN, his (Mr. WICKER) was added as a cosponsor historic achievement of astronaut Scott Jo- name was added as a cosponsor of S. of S. 2536, a bill to require the Adminis- seph Kelly of the National Aeronautics and Space Administration as the first person of 1506, a bill to provide for youth jobs, trator of the Federal Aviation Admin- the United States to complete a continuous and for other purposes. istration to issue a notice of proposed 1-year mission in space; to the Committee on S. 1661 rulemaking regarding the inclusion in Commerce, Science, and Transportation. At the request of Mr. COONS, the aircraft medical kits of medications By Mr. CARDIN (for himself, Mr. REID, name of the Senator from Indiana (Mr. and equipment to meet the emergency Mr. DURBIN, Mr. SCHUMER, Ms. KLO- DONNELLY) was added as a cosponsor of medical needs of children. BUCHAR, Mrs. MURRAY, Mr. LEAHY, S. 1661, a bill to amend title XXVII of S. 2544 Ms. MIKULSKI, Mr. COONS, Mr. WYDEN, the Public Health Service Act to pre- At the request of Mr. LEAHY, the Mrs. GILLIBRAND, Mr. NELSON, Mrs. BOXER, Mrs. SHAHEEN, Mr. MERKLEY, serve consumer and employer access to name of the Senator from New Hamp- Mr. UDALL, Mr. HEINRICH, Mr. licensed independent insurance pro- shire (Mrs. SHAHEEN) was added as a co- BLUMENTHAL, Mr. BOOKER, Mrs. FEIN- ducers. sponsor of S. 2544, a bill to increase STEIN, Mr. FRANKEN, Mr. MARKEY, S. 1775 public safety by punishing and deter- Mr. MENENDEZ, Ms. HIRONO, Mr. At the request of Ms. COLLINS, the ring firearms trafficking. SCHATZ, Ms. WARREN, Mr. KING, Mr. name of the Senator from South Caro- S. 2551 WHITEHOUSE, Mr. MURPHY, and Mr. lina (Mr. SCOTT) was added as a cospon- At the request of Mr. CARDIN, the CARPER): S. Res. 386. A resolution expressing the sor of S. 1775, a bill to direct the Sec- name of the Senator from Rhode Island sense of the Senate that the United States retary of Homeland Security to accept (Mr. WHITEHOUSE) was added as a co- should establish a goal of more than 50 per- additional documentation when consid- sponsor of S. 2551, a bill to help prevent cent clean and carbon-free electricity by 2030 ering the application for veterans sta- acts of genocide and mass atrocities, to avoid the worst impacts of climate tus of an individual who performed which threaten national and inter- change, grow the economy, increase shared service as a coastwise merchant sea- national security, by enhancing United prosperity, improve public health, and pre- man during World War II, and for other States civilian capacities to prevent serve the national security of the United States; to the Committee on Energy and purposes. and mitigate such crises. Natural Resources. S. 1890 S. 2600 By Mr. WYDEN (for himself and Mr. At the request of Mr. HATCH, the At the request of Mr. LEE, the names MERKLEY): name of the Senator from New Hamp- of the Senator from Louisiana (Mr.

VerDate Sep 11 2014 01:35 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.014 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 3, 2016 CONGRESSIONAL RECORD — SENATE S1279 VITTER) and the Senator from Idaho of government agencies, to summaries derstanding of information that has (Mr. RISCH) were added as cosponsors of of legislative proposals, foreign policy been provided by CRS to Members of S. 2600, a bill to amend the Military Se- primers, and everything in between. Congress in connection with CRS’s in- lective Service Act to provide that any These reports are posted on an internal stitutional role. modification to the duty to register for website for use by Members of Congress This is an exciting time for the Li- purposes of the Military Selective and their staff, but they are not dis- brary of Congress and its divisions such Service Act may be made only through tributed directly to the public. In an as CRS. For the first time since 1987, an Act of Congress, and for other pur- informal arrangement that is all too the President has nominated, and I poses. familiar in Washington, this unneces- hope the Senate Rules Committee will S. 2611 sary restriction has created a cottage soon consider, a new Librarian of Con- At the request of Mr. UDALL, the industry of services that make copies gress to lead one of the largest librar- name of the Senator from Rhode Island of the reports available to lobbyists for ies in the world. As we move further (Mr. WHITEHOUSE) was added as a co- a subscription fee. Schools and the gen- into the digital age, now is an impor- sponsor of S. 2611, a bill to amend the eral public cannot access them, nor do tant moment to consider the promise Federal Election Campaign Act of 1971 readers know whether the scattering of of this great American institution and to replace the Federal Election Com- CRS reports they can find online the resources it provides. mission with the Federal Election Ad- through third-party websites are au- I thank Senator MCCAIN for his long ministration, and for other purposes. thentic, complete, or up-to-date. That’s partnership with me on this effort, as not very ‘public’ and does nothing for well as Representatives LANCE and S. CON. RES. 4 the average citizen in Vermont or the QUIGLEY who today are introducing bi- At the request of Mr. BARRASSO, the rest of the country who does not have partisan companion legislation in the name of the Senator from Mississippi easy access to Washington. House. I hope members will join us in (Mr. COCHRAN) was added as a cospon- Our bipartisan, bicameral legislation supporting this straightforward, but sor of S. Con. Res. 4, a concurrent reso- stops this unequal access by providing important, step to make CRS reports lution supporting the Local Radio for CRS Reports to be published online available to the public so that all Freedom Act. in a comprehensive free, and search- Americans may enjoy this invaluable S. RES. 383 able database on the website of the resource equally. At the request of Mr. PERDUE, the Government Publishing Office, GPO. Mr. President, I ask unanimous con- names of the Senator from Georgia This straightforward but important sent that letters of support be printed (Mr. ISAKSON) and the Senator from step has long been called for by librar- in the RECORD. Florida (Mr. RUBIO) were added as co- ies, educators, and public interest There being no objection, the mate- sponsors of S. Res. 383, a resolution groups across the country. It is also rial was ordered to be printed in the recognizing the importance of the supported by retired and former CRS RECORD, as follows: United States-Israel economic rela- employees, who note that ‘‘CRS reports OCTOBER 22, 2015. tionship and encouraging new areas of are widely available on Capitol Hill to DEAR CHAIRMAN BLUNT, CHAIRMAN CAPITO, cooperation. CHAIRMAN MILLER, CHAIRMAN GRAVES, RANK- staff and lobbyists alike, are released ING MEMBER SCHUMER, RANKING MEMBER AMENDMENT NO. 3402 with no expectation of confidentiality, SCHATZ, RANKING MEMBER BRADY, RANKING At the request of Mr. WYDEN, the and could be of immense value to the MEMBER WASSERMAN SCHULTZ, AND VICE names of the Senator from Ohio (Mr. general public.’’ CHAIRMAN HARPER: We are former employees BROWN) and the Senator from Con- The century-old CRS was founded on of the Congressional Research Service (CRS), necticut (Mr. MURPHY) were added as the principles of nonpartisanship and with more than a collective five hundred cosponsors of amendment No. 3402 in- respect for accurate, thoughtful infor- years with the agency. We write in strong tended to be proposed to S. 524, a bill to mation to inform the policy conversa- support of timely, comprehensive free public access to CRS reports. In doing so, we distin- authorize the Attorney General to tions of the day. It is a testament to guish between CRS reports, which are non- award grants to address the national the best ideals of Congress, and all confidential, and other CRS products, such epidemics of prescription opioid abuse Americans should benefit from the as memoranda, which are confidential. and heroin use. work and resources it provides. When I CRS plays a vital role in our legislative process by informing lawmakers and staff f think of my grandchildren working on research reports for school, I want about important policy issues. To that end, STATEMENTS ON INTRODUCED them to have access to this resource. I nothing should impair CRS’s ability to pro- BILLS AND JOINT RESOLUTIONS also want the American people to know vide confidential support to members of Con- gress, such as through briefings and con- By Mr. LEAHY (for himself and what information their Members of fidential memoranda. Nor should Congress Mr. MCCAIN): Congress are receiving on leading pol- take any steps to weaken the Constitu- S. 2639. A bill to direct the Director icy issues of the day. tionally-protected status of CRS’s work of the Government Publishing Office to The legislation includes several im- product. In contrast, CRS reports are widely provide members of the public with portant measures—responsive to con- available on Capitol Hill to staff and lobby- Internet access to Congressional Re- cerns from CRS—to ensure that only ists alike, are released with no expectation search Service reports, and for other appropriate materials are shared on- of confidentiality, and could be of immense line. It makes clear that the GPO value to the general public. purposes; to the Committee on Rules Longstanding congressional policy allows and Administration. website will include only final, non- Members and committees to distribute CRS Mr. LEAHY. Mr. President, Senator confidential CRS Reports and similar products to the public, which they do in a MCCAIN and I are introducing bipar- written, non-confidential CRS products variety of ways. In addition, CRS provides tisan, bicameral legislation to make that are intended for general Congres- reports upon request to the judicial branch, reports published by the Congressional sional distribution. It firmly excludes to journalists, and to the executive branch, Research Service, CRS, available to from publication any memoranda or which often publishes them on agency the American public online. This legis- other custom materials that CRS pro- websites. Insiders with relationships to con- lation will open up an invaluable, tax- vides in response to a research request gressional staff can easily obtain the reports, and well-resourced groups pay for access payer-funded resource for use by from an individual Member of Con- from third-party subscription services. Mem- schools, universities, researchers, li- gress. The bill allows for identifying bers of the public, however, can freely access braries, and individuals across the information for individual CRS re- only a subset of CRS reports, usually via country. searchers to be redacted so that CRS, third parties. The CRS was founded more than 100 not individual staffers, is the named It is difficult for the public to know the years ago to provide comprehensive, author of a work. It also requires the scope of CRS products they could obtain non-partisan information on vital inclusion of a written notification in from Congress. A Google search returned over 27,000 products including 4,260 hosted on issues affecting national policy. In 2015, all CRS Reports to explain that the .gov domains, but there is no way to know if CRS issued over 1200 new reports and materials were prepared by CRS for use those documents are up to date, whether the updated almost 2500 existing products, by Congress, and should not be relied search is comprehensive, or when the docu- on matters ranging from the structure upon for purposes other than public un- ments might disappear from view.

VerDate Sep 11 2014 04:33 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.016 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1280 CONGRESSIONAL RECORD — SENATE March 3, 2016 We believe Congress should provide a cen- Taxpayers provide more than $100 million tact Daniel Schuman, Demand Progress pol- tral online source for timely public access to annually in support of CRS, and yet mem- icy director, at [email protected], CRS reports. That would place all members bers of the public often must look to private or Kevin Kosar, R Street Institute senior fel- of the public on an equal footing to one an- companies for consistent access. Some citi- low and governance director, at other with respect to access. It would resolve zens are priced out of these services, result- [email protected]. Thank you for your concerns around public and congressional ing in inequitable access to information thoughtful consideration of this matter. use of the most up-to-date version. Addition- about government activity that is produced With best regards, ally, it would ensure the public can verify it at public expense. American Association of Law Libraries, is using an authentic version. And it would In fact, while CRS generates a list of all American Civil Liberties Union, American diminish requests to analysts to provide a the reports it has issued over the previous Library Association, Americans for Tax Re- copy of the most recent report. Other legisla- year, it silently redacts that information form, Association of Research Libraries, Bill tive support agencies, i.e., the Congressional from the public-facing version of its annual of Rights Defense Committee, California Budget Office and the Government Account- report, making it difficult for the public to State University San Marcos, Cause of Ac- ability Office, publish non-confidential re- even know the scope of CRS products they tion, Center for Democracy and Technology, ports on their websites as a matter of course. could obtain from Congress. A Google search Center for Effective Government, Center for Doing so does not appear to harm their abil- returned over 27,000 reports including 4,260 Media and Democracy, Center for Responsive ity to perform their mission for Congress. hosted on .gov domains, but there is no way Politics, Citizens Against Government We thank you for the opportunity to share to know if those documents are up to date, Waste, Citizens for Responsibility and Ethics our thoughts on implementing full public ac- what might be missing, or when they might in Washington, Congressional Data Coali- cess to non-confidential CRS reports. If you disappear from view. tion, Data Transparency Coalition, Defend- wish to discuss this further, please contact Comprehensive free public access to non- ing Dissent Foundation, Demand Progress, Daniel Schuman, Demand Progress policy di- confidential CRS reports would place the re- Engine, Essential Information. rector, at [email protected], or ports in line with publications by other leg- Federation of American Scientists, Free- Kevin Kosar, R Street Institute senior fellow islative support agencies in the United dom Works, Free Government Information, and governance director, at States and around the globe. The Govern- Government Accountability Project, [email protected]. Thank you for your con- ment Accountability Office, the Congres- Middlebury College Library, Minnesota Coa- sideration of this matter. sional Budget Office, the Law Library of lition On Government Information, National With best regards, Congress, and 85% of G–20 countries whose Coalition for History, National Security Henry Cohen, George Costello, Heather parliaments have subject matter experts rou- Archive, National Security Counselors, Na- Durkin, Gregg Esenwein, Louis Fisher, tinely make reports available to the public. tional Taxpayers Union, NewFields Research Peggy Garvin, Bernie Gelb, Jeffrey C. We hasten to emphasize that we are not Library, Niskanen Center, Griffith, Pamela Hairston, Glennon J. calling for public access to CRS products OpenTheGovernment.org, Project on Govern- Harrison, Kevin Holland, Thomas that should be kept confidential or are dis- ment Oversight, Public Citizen, R Street In- Hungerford, W. Jackson, Kevin Kosar, tributed only to a small network on Capitol stitute, Sunlight Foundation, Taxpayers for Jon Medalia, Elizabeth Palmer, Harold Hill. Memoranda produced at the request of Common Sense, Transactional Records Ac- Relyea, Morton Rosenberg, Daniel a Member or committee and provided to an cess Clearinghouse (TRAC) at Syracuse Uni- Schuman, Christine Scott, Sherry Sha- office in direct response to a request should versity, Union of Concerned Scientists, West- piro, Nye Stevens. remain confidential unless the office itself ern Illinois University Libraries. chooses to release the report. By compari- Amy Spare, Andrew Lopez, Connecticut NOVEMBER 12, 2015. son, we believe no such protection should at- College, Barbara Jones, Ben Amata, Cali- DEAR CHAIRMAN BLUNT, CHAIRMAN MILLER, tach to reports typically published on CRS’ fornia State University, Sacramento, Ben RANKING MEMBER SCHUMER, RANKING MEM- internal website or otherwise widely dis- Doherty, Bernadine Abbott Hoduski, Profes- BER BRADY, AND VICE CHAIRMAN HARPER: We seminated. sional Staff Member, Joint Committee on write in support of expanded public access to We value the work of CRS and in no way Printing, retired, Bert Chapman, Purdue Congressional Research Service (CRS) re- wish to impede its ability to serve Congress. University Libraries, Bill Olbrich, Bradley ports. Longstanding congressional policy al- CRS reports already undergo multiple levels Seybold, Brandon Burnette, Southeastern lows Members and committees to use their of administrative review to ensure they are Oklahoma State University, Brenda Ellis, websites to disseminate CRS products to the accurate, non-partisan, balanced, and well- BWS Johnson, Carol Bredemeyer, Carrie public, although CRS itself may not engage written. Authors of every CRS product are Russell, Christine Alvey, Maryland State Ar- in direct public dissemination. This results aware of the likelihood that reports will be- chives, Claire King, Kansas Supreme Court in a disheartening inequity. Insiders with come publicly available. Law Library, Crystal Davidson, King Col- Capitol Hill connections can easily obtain We do not make a specific recommendation lege, Daniel Barkley, University of New Mex- CRS reports from any of the 20,000 congres- on who should comprehensively publish non- ico, Danya Leebaw, Dave Morrison, Marriott sional staffers and well-resourced groups can confidential CRS reports online, although Library, University of Utah. pay for access from subscription services. the approaches outlined in H. Res. 34 (114th Deborah Melnick, LLAGNY, Dianne Oster, However, members of the public can access Congress) and S. Res. 118 (111th Congress) are Donna Burton, Union College, Dorothy only a small subset of CRS reports that are reasonable. The Clerk of the House, the Sec- Ormes, Edward Herman, Eileen Heaser, posted on an assortment of not-for-profit retary of the Senate, the Government Pub- CSUS Library, Ellen Simmons, Eric Mill, websites on an intermittent basis. Now is the lishing Office (GPO), the Library of Congress Francis Buckley, former Superintendent of time for a systematic solution that provides and libraries in the Federal Depository Li- Documents, U.S. Government Printing Of- timely, comprehensive free public access to brary Program (FDLP) are all reasonable fice, Gail Fithian, Gail Whittemore, Gene- and preservation of non-confidential reports places for the public to gain access to these vieve Nicholson, Helen Burke, Jacque How- while protecting confidential communica- documents. Even bulk publication on GPO’s ell, Jane Larrington, Janetta Paschal, Jea- tions between CRS and Members and com- website would be a major step forward. nette Sparks, Jennifer Pesetsky, JoAnne mittees of Congress. We ask only that all non-confidential re- Deeken, Joy T. Pile, Middlebury College. CRS reports—not to be confused with con- ports be published as they are released, up- Judith Downie, Julia Hughes, Karen Heil, fidential CRS memoranda and other prod- dated, or withdrawn; that they be published Government Information Librarian, Middle- ucts—play a critical role in our legislative in their full, final form; that they are freely town Thrall Library, Karen Russ, Kathleen process by informing lawmakers and staff downloadable individually and in bulk; and L. Amen, Kathy Carmichael, KC Halstead, about the important issues of the day. The that they be accompanied by an index or Kelly McGlynn, Kristine R. Kreilick, LaRita public should have the same access to infor- metadata that includes the report ID, the Schandorff, Larry Romans, Laura G. Harper, mation. In 2014 CRS completed over 1,000 new date issued/updated, the report name, a Linda Johnson, University of New Hamp- reports and updated over 2,500 existing prod- hyperlink to the report, the division that shire, Lois Fundis, Mary H. Weir Public Li- ucts. (CRS also produced nearly 3,000 con- produced the report, and possibly the report brary, Lori Gwinett, Lori L. Smith, Louise fidential memoranda.) author(s) as well. Buckley, University of New Hampshire Li- Our interest in free public access to non- In the attached appendix we briefly address brary, Louise England, Marna Morland, confidential CRS reports illustrates the es- concerns often raised by CRS regarding pub- Mamita Simpson, University of Virginia Law teem in which the agency is held. CRS re- lic access to reports. In doing so, we note Library. ports are regularly requested by members of that many committees, including the Senate Mary Anne Curlee, Mary Jo Lazun, Megan the public and are frequently cited by the Rules Committee, have published CRS re- Brooks, Melissa Pinch, Michael J. Malbin, courts and the media. For example, over the ports on their websites. Also, that many CRS Professor of Political Science, SUNY Al- last decade CRS reports were cited in 190 fed- reports are available through third parties. bany, Michele Hayslett, UNC at Chapel Hill, eral court opinions, including 64 at the ap- We urge you to give great weight to the sig- Mike Lynch, Mohamed Haian Abdirahman, pellate level. Over the same time period, nificant public benefit that would result Norman Ornstein, P. Duerr, Patricia J. Pow- CRS reports were cited 67 times in the Wash- from comprehensive, timely access. ell, Government Documents Librarian, Roa- ington Post and 45 times the New York We welcome the opportunity to further dis- noke College Library, Professor Patricia Times. CRS reports often are published in cuss implementing systematic public access B.M. Brennan, Rachel H. Carpenter, Ref- the record of legislative proceedings. to non-confidential CRS reports. Please con- erence Government Documents Librarian,

VerDate Sep 11 2014 01:35 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.019 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 3, 2016 CONGRESSIONAL RECORD — SENATE S1281 Rhode Island College, Rebecca Richardson, resolution; which was referred to the Whereas Scott Kelly completed the 340-day Robert Sippel, Florida Institute of Tech- Committee on Commerce, Science, and mission with Russian cosmonaut Mikhail nology, Rosemary Campagna, Sandy Transportation: Kornienko, embodying peaceful inter- Schiefer, University of Missouri—Columbia, national cooperation in outer space; S. RES. 385 Schuyler M. Cook, Scott Casper, Shari Last- Whereas on March 1, 2016, Scott Kelly er. Whereas Scott Joseph Kelly was born on touched down on Earth, ending his 340-day Stephanie Braunstein, Stephen Hayes, February 21, 1964, to Richard and Patricia space voyage; and Hesburgh Libraries, University of Notre Kelly in Orange, New Jersey, and raised in Whereas, the 1-year mission of Scott Kelly Dame, Susan Bucks, Monmouth University, West Orange, New Jersey; marks a significant step in reaching the Susan Udry, Tammy Savinski, Taylor Whereas Scott Kelly received— goals of NASA of future missions to Mars, Fitchett, Thomas E. Hickman, Thomas E. (1) a Bachelor of Science degree in elec- elsewhere in the solar system, and beyond: Mann, Victoria Mitchell, Wendy Swanberg, trical engineering from the State University Now, therefore, be it Wilhelmina Randtke. of New York Maritime College in 1987; and Resolved, That the Senate— (2) a Master of Science degree in aviation (1) congratulates National Aeronautics and systems from the University of Tennessee in FEBRUARY 29, 2016. Space Administration astronaut Scott Kelly 1996; DEAR CHAIRMAN MILLER, CHAIRMAN BLUNT, for— Whereas in July 1989, Scott Kelly was des- AND VICE CHAIRMAN HARPER: As a coalition (A) the historic achievement in completing of 12 conservative, free market organizations ignated as a naval aviator in Beeville, Texas, a 1-year mission in space; and we urge you to expand public access to Con- and subsequently made overseas deploy- (B) a successful return to Earth, the gressional Research Service (CRS) reports. ments aboard the USS Dwight D. Eisenhower United States, and his family; Each year CRS receives $100 million in tax- to— (2) recognizes that— (1) the North Atlantic Ocean; payer funding to produce and update thou- (A) the 1-year mission of Scott Kelly con- (2) the Mediterranean Sea; sands of nonpartisan reports describing gov- (3) the Red Sea; and tributed to research on the effects of long- ernment agencies, explaining public policy, (4) the Persian Gulf; duration space flight on the human body and and tallying government spending. They are Whereas since completing training at the mind; and an invaluable resource to Congress in its ef- United States Naval Test Pilot School in (B) continuing studies of human health are forts to oversee our massive federal govern- June 1994, Scott Kelly has— critical to future human exploration of ment and hold it accountable. (1) logged over 8,000 hours in not fewer space; and Members of Congress and their staff have than 40 different aircraft and spacecraft; and (3) applauds the contributions of the 1-year easy access to CRS reports. So too do lobby- (2) made not fewer than 250 carrier land- journey in space of Scott Kelly to the sci- ists and other Beltway insiders, who often ings; entific progress of the United States. pay for the reports through expensive sub- Whereas in 2012, Scott Kelly retired from f scription services. But taxpayers cannot eas- the Navy as a captain; ily get copies of CRS reports. Whereas since being selected by the Na- SENATE RESOLUTION 386—EX- This policy is unfair and outdated. It also tional Aeronautics and Space Administra- PRESSING THE SENSE OF THE stands in stark contrast to other legislative tion (referred to in this preamble as SENATE THAT THE UNITED branch agencies: both the Congressional ‘‘NASA’’) for astronaut training in 1996, STATES SHOULD ESTABLISH A Budget Office and the Government Account- Scott Kelly has served— GOAL OF MORE THAN 50 PER- ability Office release their reports to the (1) in 1999, as a pilot of the Space Shuttle CENT CLEAN AND CARBON-FREE public. Discovery on STS–103 to service the Hubble ELECTRICITY BY 2030 TO AVOID Making CRS reports easily accessible by Space Telescope; the public will increase transparency in gov- (2) in 2007, as Mission Commander of the THE WORST IMPACTS OF CLI- ernment, and allow everyday citizens access Space Shuttle Endeavor on STS–118 to the MATE CHANGE, GROW THE ECON- to important information that will better International Space Station (referred to in OMY, INCREASE SHARED PROS- educate them on the issues before Congress. this preamble as the ‘‘ISS’’); PERITY, IMPROVE PUBLIC The bottom line is taxpayers pay for these (3) as a flight engineer for ISS Expedition HEALTH, AND PRESERVE THE reports. It is only fair that they have easy 25; NATIONAL SECURITY OF THE (4) as the Commander of ISS Expedition 26; access to them. UNITED STATES Sincerely, and Phil Kerpen, President, American Com- (5) as a 1-year crew member of ISS Expedi- Mr. CARDIN (for himself, Mr. REID, mitment; Grover Norquist, President, tions 43, 44, 45, and 46, including 6 months of Mr. DURBIN, Mr. SCHUMER, Ms. KLO- service as Commander; Americans for Tax Reform; Norm Sin- BUCHAR, Mrs. MURRAY, Mr. LEAHY, Ms. Whereas on March 27, 2015, Scott Kelly gleton, President, Campaign for Lib- MIKULSKI, Mr. COONS, Mr. WYDEN, Mrs. erty; Neil Bradley, Chief Strategy Offi- launched into space for a 340-day mission GILLIBRAND, Mr. NELSON, Mrs. BOXER, cer, Conservative Reform Network; aboard the ISS; Tom Schatz, President, Council for Whereas during his 340-day voyage aboard Mrs. SHAHEEN, Mr. MERKLEY, Mr. Citizens Against Government Waste; the ISS, Scott Kelly— UDALL, Mr. HEINRICH, Mr. BLUMENTHAL, Adam Brandon, President and CEO, (1) remained in continuous orbit around Mr. BOOKER, Mrs. FEINSTEIN, Mr. Freedom Works; Michael Needham, the Earth; FRANKEN, Mr. MARKEY, Mr. MENENDEZ, (2) achieved the longest continuous CEO, Heritage Action for America; Mi- Ms. HIRONO, Mr. SCHATZ, Ms. WARREN, amount of time that a United States astro- chael Ostrolenk, Co-Founder, Liberty Mr. KING, Mr. WHITEHOUSE, Mr. MUR- Coalition; Brandon Arnold, Executive naut has spent living in space; (3) in addition to his regular duties of ISS PHY, and Mr. CARPER) submitted the Director, National Taxpayers Union; maintenance, participated in hundreds of following resolution; which was re- Jerry Taylor, President, Niskanen Cen- scientific studies; and ter; Kevin Kosar, Senior Fellow and Di- ferred to the Committee on Energy and (4) conducted 3 space walks; rector of the Governance Project, R Natural Resources: Whereas Scott Kelly participated in a 1- Street Institute; David Williams, Presi- S. RES. 386 year twins study in space while his identical dent, Taxpayers Protection Alliance. twin brother, former NASA astronaut Mark Whereas failing to act on climate change f Kelly, acted as a human control specimen on will have a devastating impact on the United Earth, providing an understanding of the States economy, costing billions of dollars in SUBMITTED RESOLUTIONS physical, behavioral, microbiological, and lost gross domestic product; molecular reaction of the human body to an Whereas extreme weather, intensified by extended period of time in space, which climate change, has already cost taxpayers SENATE RESOLUTION 385—RECOG- could— billions of dollars each year in recovery ef- NIZING THE HISTORIC ACHIEVE- (1) be pivotal for the United States goal for forts and the amount will continue to grow if MENT OF ASTRONAUT SCOTT JO- humans to explore Mars; and climate change is not addressed; Whereas decreased economic growth and SEPH KELLY OF THE NATIONAL (2) contribute to unforeseen scientific in- novations that benefit all of humanity; increased costs of infrastructure repairs and AERONAUTICS AND SPACE AD- Whereas the 340-day space mission of Scott other recovery efforts due to climate change MINISTRATION AS THE FIRST Kelly— will significantly increase the budget deficit PERSON OF THE UNITED STATES (1) generated new insight into how the and undermine the fiscal stability of the TO COMPLETE A CONTINUOUS 1- human body adjusts to weightlessness, isola- United States; YEAR MISSION IN SPACE tion, radiation, and the stress of long-dura- Whereas climate change will have dev- tion space flight; and astating public health implications, includ- Mr. BOOKER (for himself, Mr. NEL- (2) will help support astronaut physical ing— SON, Mr. CRUZ, Mr. PETERS, and Mr. and mental well-being during longer space (1) increased rates of asthma and other res- MENENDEZ) submitted the following exploration missions in the future; piratory diseases, especially in vulnerable

VerDate Sep 11 2014 01:35 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.021 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1282 CONGRESSIONAL RECORD — SENATE March 3, 2016 populations, including children and low in- Whereas, in the Columbia River Gorge Na- the rights of women and girls as an inalien- come communities; tional Scenic Area Act of 1986 (Public Law able, integral, and indivisible part of all (2) the spread of infectious diseases; 99–663; 100 Stat. 4274), Congress directed the human rights; and (3) risks to food and water supplies; and Oregon Department of Transportation to (2) that local, regional, national, and glob- (4) an increased number of premature prepare a program to preserve and restore al peace is attainable and inextricably deaths; the Historic Columbia River Highway for linked to the advancement of women, who Whereas inaction on climate change will public use as a historic road; are a fundamental force for leadership, con- disproportionately impact communities of Whereas the State of Oregon is working to flict resolution, and the promotion of lasting color and exacerbate economic inequalities; connect intact and usable highway segments peace at all levels; Whereas the Secretary of Defense has iden- with recreation trails, where feasible, to cre- Whereas 2016 will mark the 5-year anniver- tified climate change as a threat multiplier ate a continuous historic road route through sary of the establishment of the first United that will increase global instability and con- the Columbia River Gorge that links local, States National Action Plan on Women, flict; State, and Federal recreation facilities; and Peace, and Security, which includes a com- Whereas the transition to a clean energy Whereas the continued preservation and prehensive set of commitments by the economy is feasible with existing tech- restoration of the Historic Columbia River United States to advance the meaningful nology; and Highway will provide greater access to the participation of women in decisionmaking Whereas the transition to clean energy Columbia River Gorge for recreation and relating to matters of war or peace; will— tourism, which will help to boost the econo- Whereas the first United States National (1) create millions of jobs; mies of the region: Now, therefore, be it Action Plan on Women, Peace, and Security (2) increase— Resolved, That the Senate— states that, ‘‘Deadly conflicts can be more (A) the gross domestic product of the (1) congratulates the Historic Columbia effectively avoided, and peace can be best United States; and River Highway on its 100th year; forged and sustained, when women become (B) household income; (2) recognizes the cultural, economic, and equal partners in all aspects of peace-build- (3) save— environmental importance of the Historic ing and conflict prevention, when their lives (A) billions of dollars in avoidable health Columbia River Highway; are protected, their experiences considered, costs; and (3) expresses support for the continued suc- and their voices heard.’’; (B) lives and improve public health; cess of the restoration of the Historic Colum- Whereas there are 58 national action plans (4) lower energy bills for businesses and bia River Highway; and around the world, and there are 15 national consumers; (4) requests that the Secretary of the Sen- action plans known to be in development; (5) help the United States achieve the ate prepare an official copy of this resolution Whereas at the White House Summit on international emissions reduction goal of re- for presentation to Senator Wyden, Senator Countering Violent Extremism in February ducing greenhouse gas emissions to 26 to 28 Merkley, and Kevin Gorman of Friends of 2015, leaders from more than 60 countries, percent of 2005 levels by 2025; and the Columbia Gorge. multilateral bodies, civil society, and pri- (6) unlock billions of dollars in private in- f vate sector organizations agreed to a com- vestment: Now, therefore, be it prehensive action agenda against violent ex- Resolved, That it is the sense of the Senate SENATE RESOLUTION 388—SUP- tremism that— that the United States should— PORTING THE GOALS OF INTER- (1) highlights the importance of the inclu- (1) establish a national goal of more than NATIONAL WOMEN’S DAY sion of women in countering the threat of 50 percent clean and carbon-free electricity violent extremism; and by 2030; and Mrs. SHAHEEN (for herself, Ms. COL- (2) notes that ‘‘women are partners in pre- (2) enact legislation to accelerate the tran- LINS, Mrs. BOXER, Ms. MIKULSKI, Mr. vention and response, as well as agents of sition to clean energy to meet that goal. MARKEY, Mrs. FEINSTEIN, Mr. WHITE- change’’; f HOUSE, Ms. BALDWIN, Mrs. GILLIBRAND, Whereas women remain underrepresented Mrs. MURRAY, Mr. DURBIN, Mr. CARDIN, in conflict prevention and conflict resolution SENATE RESOLUTION 387—CON- Mr. KIRK, Ms. WARREN, Mr. MURPHY, efforts, despite the proven success of women GRATULATING THE HISTORIC CO- and Ms. CANTWELL) submitted the fol- in conflict-affected regions in— LUMBIA RIVER HIGHWAY ON ITS (1) moderating violent extremism; lowing resolution; which was referred 100TH YEAR (2) countering terrorism; to the Committee on Foreign Rela- (3) resolving disputes through nonviolent Mr. WYDEN (for himself and Mr. tions: mediation and negotiation; and MERKLEY) submitted the following res- S. RES. 388 (4) stabilizing societies by improving ac- cess to peace and security— olution; which was referred to the Whereas, in March 2016, there are more (A) services; Committee on Environment and Public than 3,640,000,000 women in the world; Works: (B) institutions; and Whereas women around the world— (C) venues for decisionmaking; (1) have fundamental rights; S. RES. 387 Whereas peace negotiations are more like- (2) participate in the political, social, and Whereas June 7, 2016 marks the 100th anni- ly to end in a peace agreement when wom- economic lives of their communities; versary of the Historic Columbia River High- (3) play a critical role in providing and car- en’s groups play an influential role in the ne- way, a 75-mile-long scenic highway designed ing for their families; gotiation process; by Samuel C. Lancaster that runs through (4) contribute substantially to economic Whereas studies show that a peace agree- the Columbia River Gorge between Troutdale growth and the prevention and resolution of ment is 35 percent more likely to last not and The Dalles, Oregon; conflict; and less than 15 years if women participate in Whereas the Historic Columbia River High- (5) as farmers and caregivers, play an im- the development of the peace agreement; way, the first scenic highway in the United portant role in the advancement of food se- Whereas according to the Bureau of Inter- States and the first modern highway in the curity for their communities; national Narcotics and Law Enforcement Af- Pacific Northwest, is a National Historic Whereas the advancement of women fairs of the Department of State, the full and Landmark; around the world is a foreign policy priority meaningful participation of women in secu- Whereas Samuel C. Lancaster wrote that, for the United States; rity forces vastly enhances the effectiveness when engineering the Historic Columbia Whereas, on July 28, 2015, in Mandela Hall of the security forces; River Highway, Lancaster aimed ‘‘to find at the African Union in Addis Ababa, Ethi- Whereas, on August 30, 2015, the Secretary . . . the points where the most beautiful opia, the President told individuals in Afri- of State and the Secretary of State for For- things along the line might be seen to the ca— eign and Commonwealth Affairs of the best advantage, and if possible to locate the (1) ‘‘if you want your country to grow and United Kingdom highlighted, ‘‘our goal must road in such a way as to reach them’’; succeed, you have to empower your women. be to build societies in which sexual violence Whereas the Historic Columbia River High- And if you want to empower more women, is treated—legally and by every institution way is an engineering masterpiece that suc- America will be your partner’’; and of authority—as the serious and wholly in- cessfully used innovative engineering tech- (2) ‘‘girls cannot go to school and grow up tolerable crime that it is. We have seen glob- niques to complement the magnificent nat- not knowing how to read or write—that de- al campaigns and calls to action draw atten- ural landscape of the Columbia River Gorge; nies the world future women engineers, fu- tion to this issue and mobilize governments Whereas the Historic Columbia River High- ture women doctors, future women business and organizations to act. But transformation way showcases all aspects of the rich and di- owners, future women presidents—that sets requires the active participation of men and verse natural landscape of Oregon, including us all back’’; women everywhere. We must settle for noth- Multnomah Falls, the fourth-largest water- Whereas 2015 marked the 20th anniversary ing less than a united world saying no to sex- fall in the United States; of the adoption of the Beijing Declaration at ual violence and yes to justice, fairness and Whereas the construction of a water-level the Fourth World Conference on Women, in peace.’’; route through the Columbia River Gorge, September 1995, which reaffirmed— Whereas, in 2014— now Interstate 84, destroyed many sections (1) the commitment of the international (1) 700,000,000 women or girls had been mar- of the Historic Columbia River Highway; community to the full implementation of ried before the age of 18; and

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(2) 250,000,000 women or girls had been mar- than 1⁄3 of small- and medium-sized enter- (3) recognizes and honors individuals in the ried before the age of 15; prises in developing countries, and 40 percent United States and around the world, includ- Whereas, on October 11, 2013, the President of the global workforce is female, but female ing women human rights defenders and civil strongly condemned the practice of child entrepreneurs and employers have dispropor- society leaders, that have worked through- marriage; tionately less access to capital and other fi- out history to ensure that women are guar- Whereas approximately 1⁄4 of girls between nancial services than men; anteed equality and basic human rights; the ages of 15 and 19 are victims of physical Whereas in the United States, women ac- (4) reaffirms the commitment— violence; count for 45 percent of the overall labor force (A) to end discrimination and violence Whereas it is estimated that 1 in 3 women of companies included in the Standard & against women and girls; around the world has experienced some form Poor’s 500 Index, and 37 percent of the first (B) to ensure the safety and welfare of of physical or sexual violence; or mid-level officials and managers in those women and girls; Whereas according to the 2012 report of the companies are women, but— (C) to pursue policies that guarantee the United Nations Office on Drugs and Crime (1) only 25 percent of the executive and basic human rights of women and girls entitled the ‘‘Global Report on Trafficking senior level officials and managers in those worldwide; and in Persons’’— companies are women; (D) to promote meaningful and significant (1) adult women account for between 55 and (2) women only hold 19 percent of the seats participation of women in every aspect of so- 60 percent of all known trafficking victims on the boards of those companies; and ciety and community; worldwide; and (3) only 4.6 percent of the Chief Executive (5) supports inclusive, sustainable develop- (2) adult women and girls account for ap- Officers of those companies are women; ment, including through the promotion of proximately 75 percent of all known traf- Whereas globally women earn an average the access of women to each tool, skill, and ficking victims worldwide; of 24 percent less than men; bargaining power needed— Whereas according to the United Nations, Whereas despite the achievements of indi- (A) to promote peace and stability in soci- women are subjected to physical or sexual vidual female leaders— ety; violence, including rape, other forms of sex- (1) women around the world remain vastly (B) to sustain long term economic pros- ual violence, and human trafficking, as a underrepresented in— perity; and weapon of war; (A) high-level positions; and Whereas 603,000,000 women live in countries (C) to achieve gender equality and the em- (B) national and local legislatures and powerment of women; and in which domestic violence is not governments; and criminalized; (6) encourages the people of the United (2) according to the Inter-Parliamentary States to observe International Women’s Whereas, on August 10, 2012, the President Union, women account for only 22 percent of announced the United States Strategy to Day with appropriate programs and activi- national parliamentarians and 17.7 percent of ties. Prevent and Respond to Gender-Based Vio- government ministers; lence Globally, the first interagency strat- Whereas according to the World Health Or- f egy to address gender-based violence around ganization, during the period beginning in SENATE RESOLUTION 389—DESIG- the world; 1990 and ending in 2015, global maternal mor- Whereas, in December 2015, the Depart- NATING MARCH 6, 2016, AS THE tality decreased by approximately 44 per- FIRST ANNUAL ‘‘WORLD ment of State released a report on the imple- cent, but approximately 830 women die from mentation of the United States Strategy to preventable causes relating to pregnancy or LYMPHEDEMA DAY’’ Prevent and Respond to Gender-Based Vio- childbirth each day, and 99 percent of all ma- Mr. SCHUMER (for himself and Mr. lence Globally that states, ‘‘Addressing GBV ternal deaths occur in developing countries; GRASSLEY) submitted the following res- is intimately tied to a range of global efforts Whereas a target of the 2030 Agenda for that address gender equality and women’s olution; which was considered and Sustainable Development, adopted at the agreed to: and girls’ empowerment, whether in peace- United Nations Sustainable Development time or in the midst of conflict. This in- Summit on September 25, 2015, is to reduce S. RES. 389 cludes addressing GBV as part of efforts to global maternal mortality to less than 70 Whereas lymphedema is a condition that— raise the status of adolescent girls and deaths for every 100,000 live births not later (1) occurs when— through women’s economic empowerment than 2030; (A) the natural lymphatic drainage sys- activities.’’; Whereas according to the World Health Or- tem of the body is damaged, blocked, or Whereas the ability of women and girls to ganization— does not develop properly; and realize their full potential is critical to the (1) suicide is the leading cause of death for (B) the lymphatic fluid within a certain ability of a country to achieve— area, such as the arm, leg, torso, head, or (1) strong and lasting economic growth; girls between the ages of 15 and 19; and (2) complications from pregnancy or child- neck, is unable to drain properly; and (2) results in extreme swelling that impairs (2) political and social stability; birth is the second-leading cause of death for mobility and function; and Whereas according to the United Nations those girls; (3) can cause pain and significantly impair Educational, Scientific, and Cultural Organi- Whereas the Office of the United Nations High Commissioner for Refugees reports that the quality of life of the affected individual; zation, 2⁄3 of the 775,000,000 illiterate individ- uals in the world are female; approximately 1⁄2 of— Whereas the total number of individuals Whereas 150,000,000 children currently en- (1) refugees and internally displaced or living with or at risk for lymphedema is dif- rolled in school will drop out before com- stateless individuals are women; and ficult to establish because lymphedema is pleting primary school, not less than (2) the 59,500,000 displaced individuals in underreported and often misdiagnosed; 100,000,000 of whom are girls; the world are women; Whereas the underdiagnosis and under- Whereas according to the United States Whereas it is imperative— treatment of lymphedema patients costs Agency for International Development, in (1) to alleviate violence and discrimination healthcare providers and healthcare insur- comparison with uneducated women, edu- against women; and ers, including the Medicare program, mil- cated women are— (2) to afford women every opportunity to lions of dollars each year because if (1) less likely to marry as children; and be full and productive members of their com- lymphedema is left untreated— (2) more likely to have healthier families; munities; (1) the potential for infection is greatly in- Whereas a goal of the United Nations Mil- Whereas, on October 10, 2014, Malala creased; lennium Project, to eliminate gender dis- Yousafzai became the youngest ever Nobel (2) infection may occur in the course of a parity in primary education, was achieved in Peace Prize laureate for her work promoting few hours; and most countries not later than 2015, but more the access of girls to education; and (3) immediate treatment on an emergency work remains; Whereas March 8, 2016, is recognized as basis is required; Whereas gender equality is 1 of the 17 Sus- International Women’s Day, a global day— Whereas the World Health Organization es- tainable Development Goals adopted at the (1) to celebrate the economic, political, timates that— United Nations Sustainable Development and social achievements of women in the (1) more than 150,000,000 individuals world- Summit on September 25, 2015; past, present, and future; and wide have secondary lymphedema; and Whereas according to the United Nations, (2) to recognize the obstacles that women (2) 120,000,000 individuals worldwide are in- women have access to fewer income earning face in the struggle for equal rights and op- fected with lymphatic filariasis, which leads opportunities and are more likely to manage portunities: Now, therefore, be it to lymphedema; the household or engage in agricultural work Resolved, That the Senate— Whereas Stanford University estimates than men, making women more vulnerable (1) supports the goals of International that as many as 10,000,000 individuals in the to economic insecurity caused by— Women’s Day; United States are affected by lymphedema; (1) natural disasters; (2) recognizes that the empowerment of Whereas lymphedema can— (2) long term changes in weather patterns; women is inextricably linked to the poten- (1) as primary lymphedema, be inherited or tial of a country to generate— and either be present at birth or manifest (3) environmental degradation; (A) economic growth; itself later in life; or Whereas according to the World Bank (B) sustainable democracy; and (2) as secondary lymphedema, develop after Group, women own or partially own more (C) inclusive security; cancer treatment, radiation therapy, major

VerDate Sep 11 2014 01:35 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.024 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1284 CONGRESSIONAL RECORD — SENATE March 3, 2016 surgery, severe burn, or certain other trau- elephants, rhinoceroses, tigers, pangolins, benefits that wildlife provides to people, and matic injuries, including injuries affecting and sharks; raise awareness of the urgent need to step up combat-tested veterans of the United States; Whereas many different kinds of criminals, the fight against wildlife crime, which has Whereas the Centers for Disease Control including some terrorist entities and rogue wide-ranging economic, environmental, and and Prevention estimate that a high percent- security personnel, often in collusion with social impacts’’: Now, therefore, be it age of elderly cancer survivors will develop corrupt government officials, are involved in Resolved, That the Senate— lymphedema; wildlife poaching and the movement of ivory (1) designates March 3, 2016 as ‘‘World Whereas the National Cancer Institute pre- and rhinoceros horns across Africa; Wildlife Day’’; dicts that, not later than 2020— Whereas wildlife poaching presents signifi- (2) supports raising awareness of the bene- (1) the number of cancer survivors aged 65 cant security and stability challenges for fits that wildlife provides to people and the or older will increase by 42 percent; and military and police forces in African nations threats facing wildlife around the world; (2) as many as 3,000,000 Medicare bene- that are often threatened by heavily armed (3) supports escalating the fight against ficiaries that are cancer survivors will re- poachers and the criminal and extremist al- wildlife crime, including wildlife trafficking; quire treatment for lymphedema; lies of those poachers; (4) applauds the domestic and inter- Whereas lymphedema affects an estimated Whereas wildlife poaching negatively im- national efforts to escalate the fight against 15 percent of all cancer survivors and 40 per- pacts local communities that rely on natural wildlife crime; cent of all breast cancer patients; and resources for economic development, includ- (5) commends the efforts of the United Whereas, in recognition of the financial, ing tourism; States to mobilize the entire Government in physical, and psychological impact that Whereas penal and financial deterrents can a coordinated, efficient, and effective man- lymphedema has on each individual afflicted improve the ability of African governments ner for dramatic progress in the fight with lymphedema, it is incumbent on the to reduce poaching and trafficking and en- against wildlife crime; and people of the United States to support— hance their capabilities of managing their (6) encourages continued cooperation be- (1) each courageous individual living and resources; tween the United States, international part- coping with lymphedema, a debilitating con- Whereas assisting institutions in devel- ners, local communities, nonprofit organiza- dition; and oping nations, including material, training, (2) each caregiver, whether a professional tions, private industry, and other partner or- legal, and diplomatic support, can reduce il- or not a professional, of each individual af- ganizations in an effort to conserve and cele- legal wildlife trade; flicted with lymphedema: Now, therefore, be brate wildlife, preserving this precious re- Whereas wildlife provides a multitude of it source for future generations. benefits to all nations, and wildlife crime Resolved, That— f (1) it is the sense of the Senate that each has wide-ranging economic, environmental, tireless advocate and healthcare provider and social impacts; AMENDMENTS SUBMITTED AND that spends much time and many resources Whereas, between 2010 and 2013, the number PROPOSED of elephants killed in Africa by poachers is battling lymphedema, a painful and destruc- estimated to have been 100,000 out of a re- SA 3417. Mr. FLAKE submitted an amend- tive condition that affects many individuals, maining population of roughly 500,000 ele- ment intended to be proposed by him to the should be recognized; and phants; bill S. 524, to authorize the Attorney General (2) the Senate designates March 6, 2016, as Whereas, from 2007 to 2012, the number of to award grants to address the national ‘‘World Lymphedema Day’’. elephants killed in Kenya increased by more epidemics of prescription opioid abuse and f than 800 percent, from 47 to 387 elephants heroin use; which was ordered to lie on the killed; table. SENATE RESOLUTION 390—DESIG- SA 3418. Mr. FRANKEN (for himself, Mr. NATING MARCH 3, 2016 AS Whereas the number of forest elephants in the Congo Basin in Central Africa declined BROWN, Mr. DURBIN, and Mr. MARKEY) sub- ‘‘WORLD WILDLIFE DAY’’ mitted an amendment intended to be pro- by approximately 2⁄3 between 2002 and 2012, Mr. COONS (for himself and Mr. placing forest elephants on track for extinc- posed by him to the bill S. 524, supra; which tion in the next decade; was ordered to lie on the table. INHOFE) submitted the following reso- SA 3419. Ms. COLLINS submitted an Whereas the number of rhinoceroses killed lution; which was considered and amendment intended to be proposed by her by poachers in South Africa increased by al- agreed to: to the bill S. 524, supra; which was ordered to most 10,000 percent between 2007 and 2014, lie on the table. S. RES. 390 from 13 to more than 1,200 rhinoceroses Whereas wildlife has provided numerous SA 3420. Mr. MANCHIN submitted an killed; amendment intended to be proposed to economic, environmental, social, and cul- Whereas as few as 3,200 tigers remain in amendment SA 3378 proposed by Mr. GRASS- tural benefits during the course of human the wild throughout all of Asia; LEY (for himself, Mr. LEAHY, Mr. WHITE- history, and wildlife conservation will secure Whereas pangolins are often referred to as HOUSE, Mr. PORTMAN, Ms. KLOBUCHAR, Ms. these gifts for future generations; the most trafficked mammal in the world AYOTTE, Mr. GRAHAM, Mr. COONS, Mr. COR- Whereas plant and animal species play an and all 8 pangolin species spanning Africa NYN, and Mr. DURBIN) to the bill S. 524, supra. important role in the stability of diverse and Asia are faced with extinction because SA 3421. Mr. CARDIN (for himself and Mr. ecosystems around the world, and the con- pangolin scales are sought after in the prac- CORNYN) submitted an amendment intended servation of this biodiversity is critical to tice of traditional Chinese medicine and pan- to be proposed to amendment SA 3378 pro- maintain the delicate balance of nature and golin meat is considered a delicacy; posed by Mr. GRASSLEY (for himself, Mr. keep complex ecosystems thriving; Whereas approximately 100,000,000 sharks LEAHY, Mr. WHITEHOUSE, Mr. PORTMAN, Ms. Whereas observation of wild plants and are killed annually, often targeted solely for KLOBUCHAR, Ms. AYOTTE, Mr. GRAHAM, Mr. animals in their natural habitat provides in- their fins, and unsustainable trade is the pri- COONS, Mr. CORNYN, and Mr. DURBIN) to the dividuals with a more enriching world view mary cause of serious population decline in bill S. 524, supra; which was ordered to lie on and a greater appreciation of the wonders of several shark species, including scalloped the table. the natural environment; hammerhead sharks, great hammerhead SA 3422. Mr. CARDIN submitted an amend- Whereas tens of millions of individuals in sharks, and oceanic whitetip sharks; ment intended to be proposed by him to the the United States strongly support the con- Whereas the United States is developing bill S. 524, supra; which was ordered to lie on servation of wildlife, both domestically and and implementing measures to address the the table. abroad, and wish to ensure the survival of criminal, financial, security, and environ- SA 3423. Mr. KIRK submitted an amend- species in the wild, such as rhinoceroses, ti- mental aspects of wildlife trafficking; ment intended to be proposed to amendment gers, elephants, pangolins, turtles, seahorses, Whereas Congress has allocated specific re- SA 3378 proposed by Mr. GRASSLEY (for him- sharks, ginseng, mahogany, and cacti; sources to combat wildlife trafficking and self, Mr. LEAHY, Mr. WHITEHOUSE, Mr. Whereas the trafficking of wildlife, includ- address the threats posed by poaching and PORTMAN, Ms. KLOBUCHAR, Ms. AYOTTE, Mr. ing timber and fish, comprises the fourth the illegal wildlife trade; GRAHAM, Mr. COONS, Mr. CORNYN, and Mr. largest global illegal trade after narcotics, Whereas, in December 2013, the United Na- DURBIN) to the bill S. 524, supra; which was the counterfeiting of products and currency, tions General Assembly proclaimed March 3 ordered to lie on the table. and human trafficking, and has become a as World Wildlife Day to celebrate and raise SA 3424. Mrs. SHAHEEN submitted an major transnational organized crime with an awareness of the wild fauna and flora around amendment intended to be proposed by her estimated worth of as much as $19,000,000,000 the world; to the bill S. 524, supra; which was ordered to annually; Whereas March 3, 2016 represents the third lie on the table. Whereas increased demand in Asia for annual celebration of World Wildlife Day; SA 3425. Mr. HOEVEN submitted an high-value illegal wildlife products, particu- Whereas, in 2016, the theme of World Wild- amendment intended to be proposed to larly elephant ivory and rhinoceros horns, life Day is ‘‘The future of wildlife is in our amendment SA 3378 proposed by Mr. GRASS- has recently triggered substantial and rapid hands’’; and LEY (for himself, Mr. LEAHY, Mr. WHITE- increases in poaching of these species, par- Whereas, in 2016, World Wildlife Day com- HOUSE, Mr. PORTMAN, Ms. KLOBUCHAR, Ms. ticularly in Africa; memorations will ‘‘celebrate the many beau- AYOTTE, Mr. GRAHAM, Mr. COONS, Mr. COR- Whereas trafficking of wildlife is a primary tiful and varied forms of wild fauna and NYN, and Mr. DURBIN) to the bill S. 524, supra; threat to many wildlife species, including flora, raise awareness of the multitude of which was ordered to lie on the table.

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Mr. PAUL submitted an amend- General to award grants to address the and any final guidelines issued by the Cen- ment intended to be proposed to amendment national epidemics of prescription ters for Disease Control and Prevention; SA 3378 proposed by Mr. GRASSLEY (for him- opioid abuse and heroin use; which was (2) solicit and take into consideration pub- self, Mr. LEAHY, Mr. WHITEHOUSE, Mr. ordered to lie on the table; as follows: lic comment on the practices developed PORTMAN, Ms. KLOBUCHAR, Ms. AYOTTE, Mr. under paragraph (1), amending such best GRAHAM, Mr. COONS, Mr. CORNYN, and Mr. At the appropriate place, insert the fol- practices if appropriate; and DURBIN) to the bill S. 524, supra; which was lowing: (3) develop a strategy for disseminating in- ordered to lie on the table. SEC. ll. REMOVAL OF INMATE LIMITATION ON formation about the best practices to stake- SA 3427. Mr. MCCONNELL (for Mrs. FISCH- BENEFITS UNDER MEDICAID. holders, as appropriate. ER (for herself, Mr. DAINES, Mr. BOOKER, Mr. (a) IN GENERAL.—The subdivision (A) of (e) LIMITATION.—The task force shall not PETERS, Mrs. BOXER, and Mrs. FEINSTEIN)) section 1905(a) of the Social Security Act (42 have rulemaking authority. proposed an amendment to the bill S. 2276, to U.S.C. 1396d(a)) that follows paragraph (29) is (f) REPORT.—Not later than 270 days after amend title 49, United States Code, to pro- amended by inserting ‘‘or in custody pending the date on which the task force is convened vide enhanced safety in pipeline transpor- disposition of charges’’ after ‘‘patient in a under subsection (b), the task force shall tation, and for other purposes. medical institution’’. submit to Congress a report that includes— (b) EFFECTIVE DATE.—The amendment f (1) the strategy for disseminating best made by subsection (a) shall take effect on practices for pain management (including TEXT OF AMENDMENTS the first day of the first calendar quarter be- chronic and acute pain) and prescribing pain ginning more than 60 days after the date of medication, as reviewed, modified, or up- SA 3417. Mr. FLAKE submitted an the enactment of this Act and shall apply to amendment intended to be proposed by dated under subsection (d); items and services furnished for periods be- (2) the results of a feasibility study on him to the bill S. 524, to authorize the ginning on or after such date. linking the best practices described in para- Attorney General to award grants to Ms. COLLINS submitted an graph (1) to receiving and renewing registra- address the national epidemics of pre- SA 3419. tions under section 303(f) of the Controlled scription opioid abuse and heroin use; amendment intended to be proposed by Substances Act (21 U.S.C. 823(f)); and which was ordered to lie on the table; her to the bill S. 524, to authorize the (3) recommendations for effectively apply- as follows: Attorney General to award grants to ing the best practices described in paragraph At the end of title VII, add the following: address the national epidemics of pre- (1) to improve prescribing practices at med- scription opioid abuse and heroin use; ical facilities, including medical facilities of SEC. 705. COMPTROLLER GENERAL OF THE the Veterans Health Administration. UNITED STATES STUDY ON VET- which was ordered to lie on the table; (g) GAO REPORT ON STATE PRESCRIPTION ERANS TREATMENT COURTS AND as follows: DRUG MONITORING PROGRAMS.—Not later VETERANS JUSTICE OUTREACH In section 101, strike subsection (c)(5) and PROGRAM. than 18 months after the date of enactment all that follows through the end of the sec- (a) STUDY AND REPORT.—Not later than 1 of this Act, the Comptroller General of the tion, and insert the following: year after the date of the enactment of this United States shall prepare and submit to (5) representatives of hospitals; Act, the Comptroller General of the United Congress a report examining the variations (6) representatives of— States shall— that exist across State prescription drug (A) pain management professional organi- (1) complete a study on the effectiveness of monitoring programs that have been sup- zations; Veterans Treatment Courts and the Veterans ported by Federal funds. The Comptroller (B) the mental health treatment commu- Justice Outreach Program of the Depart- General shall review, and include in the re- nity; ment of Veterans Affairs; and port recommendations on, best practices to (C) the addiction treatment community; (2) submit to Congress a report on the find- maximize the effectiveness of such programs (D) pain advocacy groups; ings of the Comptroller General with respect and State strategies to increase queries to (E) groups with expertise around overdose to the study completed under paragraph (1). such programs by health care providers. reversal; (b) ELEMENTS.—As part of the study re- (F) State agencies that manage State pre- quired by subsection (a), the Comptroller SA 3420. Mr. MANCHIN submitted an scription drug monitoring programs; and General shall assess the following: amendment intended to be proposed to (G) State agencies that administer grants (1) The extent to which Veterans Treat- amendment SA 3378 proposed by Mr. under subpart II of part B of title XIX of the ment Courts— Public Health Service Act (42 U.S.C. 300x–21 GRASSLEY (for himself, Mr. LEAHY, Mr. (A) provide a benefit to veterans with a et seq.); and WHITEHOUSE, Mr. PORTMAN, Ms. KLO- mental illness or substance abuse problem; (7) other stakeholders, as the Secretary de- BUCHAR, Ms. AYOTTE, Mr. GRAHAM, Mr. and termines appropriate. COONS, Mr. CORNYN, and Mr. DURBIN) to (B) provide timely access to services fur- (d) DUTIES.—The task force shall— the bill S. 524, to authorize the Attor- nished by the Veterans Health Administra- (1) not later than 180 days after the date on tion. ney General to award grants to address which the task force is convened under sub- the national epidemics of prescription (2) The number of Veterans Treatment section (b), review, modify, and update, as Courts in operation. appropriate, best practices for pain manage- opioid abuse and heroin use; as follows: (3) The number of Veterans Treatment ment (including chronic and acute pain) and On page 14, line 10, insert ‘‘consumers,’’ Courts in the process of being established. prescribing pain medication, taking into after ‘‘patients,’’. (4) What is known about the effectiveness consideration— On page 14, line 12, strike ‘‘prescribed.’’ of Veterans Treatment Courts and what data (A) existing pain management research; and insert ‘‘prescribed, including opioid and are reported to the Federal Government (B) recommendations from relevant con- methadone abuse. Such education and aware- about the use and performance of such ferences and existing relevant evidence- ness campaigns shall include information on courts. based guidelines; the dangers of opioid abuse, how to prevent (5) The number of veterans assigned to (C) ongoing efforts at the State and local opioid abuse including through safe disposal each Veterans Justice Outreach Specialist levels and by medical professional organiza- of prescription medications and other safety that is assigned to a Veterans Treatment tions to develop improved pain management precautions, and detection of early warning Court. strategies, including consideration of alter- signs of addiction.’’. (6) The method by which the Secretary of natives to opioids to reduce opioid On page 16, line 22, strike ‘‘or’’. Veterans Affairs allocates the number and On page 17, line 2, insert ‘‘or’’ at the end. monotherapy in appropriate cases; On page 17, between lines 2 and 3, insert location of Veterans Justice Outreach Spe- (D) the management of high-risk popu- cialists and whether such method adequately the following: lations, other than populations who suffer ‘‘(C) a sudden increase in opioid-related ensures appropriate representation in Vet- pain, who— erans Treatment Courts. deaths, as documented by local data; (i) may use or be prescribed On page 18, line 23, strike ‘‘1997.’’ and in- (7) To what extent would having additional benzodiazepines, alcohol, and diverted Veterans Justice Outreach Specialists— sert ‘‘1997, and may also include an evalua- opioids; or tion of the effectiveness at reducing abuse of (A) provide veterans with better access to (ii) receive opioids in the course of medical services furnished by the Veterans Health opioids, methadone, or care; methamphetamines.’’. Administration; and (E) whether the State prescription drug (B) allow for the establishment of addi- monitoring programs are sufficiently avail- tional Veterans Treatment Courts. SA 3421. Mr. CARDIN (for himself able, functional, and useful to be integrated and Mr. CORNYN) submitted an amend- Mr. FRANKEN (for himself, into the process for prescribing pain medica- ment intended to be proposed to SA 3418. tion; and Mr. BROWN, Mr. DURBIN, and Mr. MAR- (F) the Proposed 2016 Guideline for Pre- amendment SA 3378 proposed by Mr. KEY) submitted an amendment in- scribing Opioids for Chronic Pain issued by GRASSLEY (for himself, Mr. LEAHY, Mr. tended to be proposed by him to the the Centers for Disease Control and Preven- WHITEHOUSE, Mr. PORTMAN, Ms. KLO- bill S. 524, to authorize the Attorney tion (80 Fed. Reg. 77351 (December 14, 2015)) BUCHAR, Ms. AYOTTE, Mr. GRAHAM, Mr.

VerDate Sep 11 2014 04:33 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.027 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1286 CONGRESSIONAL RECORD — SENATE March 3, 2016 COONS, Mr. CORNYN, and Mr. DURBIN) to SEC. lll. COMBAT HEROIN EPIDEMIC AND pursuant to the Attorney General’s discre- the bill S. 524, to authorize the Attor- BACKLOG ACT. tion for competitive awards to States and In- ney General to award grants to address (a) SHORT TITLE.—This section may be dian tribes. cited as the ‘‘Combat Heroin Epidemic and the national epidemics of prescription ‘‘(B) CONSIDERATIONS.—In making awards Backlog Act of 2016’’. under subparagraph (A), the Attorney Gen- opioid abuse and heroin use; which was (b) CONFRONTING THE USE OF HEROIN AND eral shall consider— ordered to lie on the table; as follows: ASSOCIATED DRUGS.—Title I of the Omnibus ‘‘(i) the average annual number of part 1 On page 39, line 1, strike ‘‘other clinically Crime Control and Safe Streets Act of 1968 violent crimes reported by each State to the appropriate services,’’ and insert ‘‘other (42 U.S.C. 3711 et seq.) is amended by adding Federal Bureau of Investigation for the 3 clinically appropriate services and through at the end the following: most recent calendar years for which data is the establishment and support of treatment ‘‘PART LL—CONFRONTING THE USE OF available; and centers that operate 24 hours a day, 7 days a HEROIN AND ASSOCIATED DRUGS ‘‘(ii) the existing resources and current week, to provide immediate access to behav- needs of the potential grant recipient. ‘‘SEC. 3021. AUTHORITY TO MAKE GRANTS TO AD- ioral health treatment,’’. DRESS PUBLIC SAFETY AND HEROIN ‘‘(3) MINIMUM REQUIREMENT.—Each State DISTRIBUTION, SALE, AND USE. shall receive not less than 0.6 percent of the SA 3422. Mr. CARDIN submitted an ‘‘(a) PURPOSE.—The purpose of this section amount made available to carry out this sec- amendment intended to be proposed by is to assist States and Indian tribes to— tion in each fiscal year. him to the bill S. 524, to authorize the ‘‘(1) carry out programs to address the dis- ‘‘(4) CERTAIN TERRITORIES.— Attorney General to award grants to tribution, sale, and use of heroin, fentanyl, ‘‘(A) IN GENERAL.—For purposes of the allo- address the national epidemics of pre- and associated synthetic drugs; and cation under this section, American Samoa scription opioid abuse and heroin use; ‘‘(2) improve the ability of State, tribal, and the Commonwealth of the Northern Mar- and local government institutions to carry iana Islands shall be considered as 1 State. which was ordered to lie on the table; ‘‘(B) ALLOCATION AMONGST CERTAIN TERRI- as follows: out such programs. ‘‘(b) GRANT AUTHORIZATION.—The Attorney TORIES.—For purposes of subparagraph (A), At the appropriate place, insert the fol- General, through the Bureau of Justice As- 67 percent of the amount allocated shall be lowing: sistance, may make grants to States and In- allocated to American Samoa and 33 percent SEC. ll. VOTING RIGHTS. dian tribes to address the distribution, sale, shall be allocated to the Commonwealth of (a) INFORMATION FOR INCARCERATED INDI- and use of heroin, fentanyl, and associated the Northern Mariana Islands.’’. VIDUALS.—The Director of the Bureau of synthetic drugs to enhance public safety. Mr. HOEVEN submitted an Prisons shall immediately ensure that indi- ‘‘(c) GRANT PROJECTS TO ADDRESS DIS- SA 3425. viduals in the custody of the Bureau of Pris- TRIBUTION, SALE, AND USE OF HEROIN, amendment intended to be proposed to ons are provided information regarding the FENTANYL, AND ASSOCIATED SYNTHETIC amendment SA 3378 proposed by Mr. voting rights restoration process upon re- DRUGS.—Grants made under subsection (b) GRASSLEY (for himself, Mr. LEAHY, Mr. lease and return to their home State. may be used for programs, projects, and WHITEHOUSE, Mr. PORTMAN, Ms. KLO- (b) NOTICE IN CRIMINAL CASES.—The Attor- other activities to— BUCHAR, Ms. AYOTTE, Mr. GRAHAM, Mr. ney General shall require that the United ‘‘(1) reimburse State, local, or other public COONS, Mr. CORNYN, and Mr. DURBIN) to States attorneys provide notice to defend- crime laboratories and medical examiners to the bill S. 524, to authorize the Attor- ants in Federal criminal cases regarding the help address backlogs of untested samples of loss of the right to vote as a result of a plea ney General to award grants to address heroin, fentanyl, and associated synthetic the national epidemics of prescription agreement to any disfranchising offense, drugs as well as associated toxicology test- whether the offense is a misdemeanor or fel- ing; opioid abuse and heroin use; which was ony. ‘‘(2) reimburse State, local, or other public ordered to lie on the table; as follows: (c) REPORT.—Not later than 180 days after crime laboratories and medical examiners On page 36, line 12, insert ‘‘and partner- the date of enactment of this Act, the Attor- for procuring equipment, technology, or ships with law enforcement agencies of a ney General shall submit to the Committee other support systems if the applicant for unit of local government (including an In- on the Judiciary of the Senate and the Com- the grant demonstrates to the satisfaction of dian tribe), the Federal Bureau of Investiga- mittee on the Judiciary of the House of Rep- the Attorney General that expenditures for tion, and the Drug Enforcement Administra- resentatives a report on the disproportionate such purposes would result in improved effi- tion’’ after ‘‘collaboration’’. impact of Federal and State criminal dis- ciency of laboratory testing and help prevent On page 36, line 19, insert ‘‘including enfranchisement laws on minority popu- future backlogs; through partnerships with law enforcement lations, which shall include data on ‘‘(3) reimburse State, tribal, and local law agencies of a unit of local government (in- disfranchisement rates by race and eth- enforcement agencies for procuring field- cluding an Indian tribe), the Federal Bureau nicity. testing equipment for use in the identifica- of Investigation, and the Drug Enforcement tion or detection of heroin, fentanyl, and as- Administration,’’ after ‘‘activities,’’ SA 3423. Mr. KIRK submitted an sociated synthetic drugs; amendment intended to be proposed to SA 3426. Mr. PAUL submitted an ‘‘(4) investigate, arrest, and prosecute indi- amendment intended to be proposed to amendment SA 3378 proposed by Mr. viduals violating laws related to the dis- GRASSLEY (for himself, Mr. LEAHY, Mr. tribution or sale of heroin, fentanyl, and as- amendment SA 3378 proposed by Mr. WHITEHOUSE, Mr. PORTMAN, Ms. KLO- sociated synthetic drugs; and GRASSLEY (for himself, Mr. LEAHY, Mr. BUCHAR, Ms. AYOTTE, Mr. GRAHAM, Mr. ‘‘(5) support State, tribal, and local health WHITEHOUSE, Mr. PORTMAN, Ms. KLO- COONS, Mr. CORNYN, and Mr. DURBIN) to department services deployed to address the BUCHAR, Ms. AYOTTE, Mr. GRAHAM, Mr. the bill S. 524, to authorize the Attor- use of heroin, fentanyl, and associated syn- COONS, Mr. CORNYN, and Mr. DURBIN) to thetic drugs. the bill S. 524, to authorize the Attor- ney General to award grants to address ‘‘(d) LIMITATION.—Not less than 60 percent the national epidemics of prescription ney General to award grants to address of the amounts made available to carry out the national epidemics of prescription opioid abuse and heroin use; which was this section shall be awarded for the pur- opioid abuse and heroin use; which was ordered to lie on the table; as follows: poses under paragraph (1) or (2) of subsection ordered to lie on the table; as follows: At the end of title V, add the following: (c). At the end, add the following: SEC. 504. MANDATORY DISCLOSURE OF CERTAIN ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— VETERAN INFORMATION TO STATE There are authorized to be appropriated to TITLE VIII—ACCESS TO MEDICATION- CONTROLLED SUBSTANCE MONI- carry out this section $10,000,000 for each of ASSISTED THERAPY TORING PROGRAMS. fiscal years 2017, 2018, and 2019. SEC. 801. EXPANDING PATIENT ACCESS TO MEDI- Section 5701(l) of title 38, United States ‘‘(f) ALLOCATION.— CATION-ASSISTED TREATMENT. Code, is amended by striking ‘‘may’’ and in- ‘‘(1) POPULATION ALLOCATION.—Seventy-five Section 303(g)(2) of the Controlled Sub- serting ‘‘shall’’. percent of the amount made available to stances Act (21 U.S.C. 823(g)) is amended— carry out this section in a fiscal year shall (1) in subparagraph (B)— SA 3424. Mrs. SHAHEEN submitted be allocated to each State that meets the re- (A) in clause (iii)— an amendment intended to be proposed quirements of section 2802 so that each State (i) by inserting ‘‘(I)’’ before ‘‘The total’’; by her to the bill S. 524, to authorize shall receive an amount that bears the same (ii) by striking ‘‘30’’ and inserting ‘‘100’’; the Attorney General to award grants ratio to the 75 percent of the total amount (iii) by striking ‘‘, unless, not sooner’’ and to address the national epidemics of made available to carry out this section for all that follows through the end and insert- that fiscal year as the population of the ing a period; and prescription opioid abuse and heroin State bears to the population of all States. (iv) by adding at the end the following: use; which was ordered to lie on the ‘‘(2) DISCRETIONARY ALLOCATION.— ‘‘(II) If a patient is referred by a qualifying table; as follows: ‘‘(A) IN GENERAL.—Twenty-five percent of physician to another physician that provides At the appropriate place, insert the fol- the amount made available to carry out this short-term services, such as induction or ti- lowing: section in a fiscal year shall be allocated tration, the patient shall only be included in

VerDate Sep 11 2014 01:35 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A03MR6.030 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 3, 2016 CONGRESSIONAL RECORD — SENATE S1287 the total number of such patients of the ‘‘(II) when the qualifying physician com- maximize safety of patient care and prevent qualifying physician that makes the referral. pletes the continuing education training de- diversion of opioid addiction medication; ‘‘(III) In this clause, the term ‘the total scribed in subclause (I), submit a certifi- (H) the findings of Drug Enforcement number of such patients’ does not include a cation to that effect to the Substance Abuse Agency inspections of waived practitioners, patient to whom a qualifying physician and Mental Health Services Administration including the frequency with which the Drug meeting the requirements described in and, if required by the State in which the Enforcement Agency finds no documentation clause (iv)(I), or an authorized agent of such qualifying physician is licensed, to the of access to behavioral health services; and qualifying physician, directly administers State.’’; and (I) the effectiveness of cross-agency col- such drugs or combination drugs that are (2) by adding at the end the following: laboration between Department of Health formulated to have a therapeutic effect last- ‘‘(K) Notwithstanding section 708, nothing and Human Services and the Drug Enforce- ing 7 days or more.’’; and in this paragraph shall be construed to pre- ment Agency for expanding effective opioid (B) by adding at the end the following: empt any State law that— addiction treatment. ‘‘(iv) Not earlier than 1 year after the date ‘‘(i) permits a qualifying physician to dis- (2) REPORT.—The Comptroller General on which a qualifying physician obtained an pense narcotic drugs in schedule III, IV, or V shall submit to the appropriate committees initial waiver pursuant to clause (iii), the or combinations of such drugs to a total of Congress a report regarding the evalua- qualifying physician may submit a second number of patients for maintenance or de- tion conducted under paragraph (1). notification to the Secretary of the need and toxification treatment in accordance with SEC. 804. DEMONSTRATION PROJECT. intent of the qualifying physician to treat up this paragraph that is fewer than or more Section 303(g)(2) of the Controlled Sub- to 500 patients, if the qualifying physician— than the applicable number described in stances Act (21 U.S.C. 823(g)(2)), as amended ‘‘(I)(aa) satisfies the requirements of sub- clause (iii) or (iv) of subparagraph (B); or by section 801(2), is amended by adding at clause (I), (II), (III), or (IV) of subparagraph ‘‘(ii) requires a qualifying physician to the end the following: (G)(ii); and comply with additional requirements relat- ‘‘(L)(i) In this subparagraph, the term ‘cov- ‘‘(bb) agrees to fully participate in the Pre- ing to the dispensing of narcotic drugs in ered provider’ includes a person that— scription Drug Monitoring Program of the schedule III, IV, or V or combinations of ‘‘(I) is not a physician; and State in which the qualifying physician is li- such drugs, including requirements relating ‘‘(II) is authorized to dispense narcotic censed, pursuant to applicable State guide- to the practice setting in which the quali- drugs in schedule III, IV, or V or combina- lines; or fying physician practices and education, tions of such drugs for maintenance or de- ‘‘(II)(aa) satisfies the requirements of sub- training, and reporting requirements.’’. toxification treatment by the jurisdiction in clause (V), (VI), (VII), or (VIII) of subpara- SEC. 802. DEFINITIONS. which the provider is licensed. graph (G)(ii); Section 303(g)(2)(G)(ii) of the Controlled ‘‘(ii) Notwithstanding subparagraph (B)(i), ‘‘(bb) agrees to fully participate in the Pre- Substances Act (21 U.S.C. 823(g)(2)(G)(ii)) is the Secretary may establish and carry out a scription Drug Monitoring Program of the amended— demonstration project for the purposes of al- State in which the qualifying physician is li- (1) by redesignating subclauses (IV), (V), lowing each covered provider participating censed, pursuant to applicable State guide- (VI), and (VII) as subclauses (V), (VI), (VII), in the demonstration project to dispense nar- lines; and and (VIII), respectively; and cotic drugs in schedule III, IV, or V or com- ‘‘(cc) has completed not less than 40 hours (2) by inserting after subclause (III) the fol- binations of such drugs for maintenance or of training (through classroom situations, lowing: detoxification treatment under this para- seminars at professional society meetings, ‘‘(IV) The physician holds a board certifi- graph— electronic communications, or otherwise) cation from the American Board of Addic- ‘‘(I) during an initial period, to be deter- with respect to the treatment and manage- tion Medicine.’’. mined by the Secretary, to treat not more ment of opiate-dependent patients for sub- SEC. 803. EVALUATIONS. than 30 patients; and stance use disorders provided by the Amer- (a) DEFINITION.—In this section, the term ‘‘(II) after the initial period, to treat not ican Society of Addiction Medicine, the ‘‘appropriate committees of Congress’’ more than 100 patients. American Academy of Addiction Psychiatry, means— ‘‘(iii) The Secretary may enter into grants, the American Medical Association, the (1) the Committee on Health, Education, contracts, or cooperative agreements with 1 American Osteopathic Association, the Labor, and Pensions and the Committee on or more research institutions, departments American Psychiatric Association, or any the Judiciary of the Senate; and of health of a State, and public and nonprofit other organization that the Secretary deter- (2) the Committee on Energy and Com- entities to assist in carrying out the dem- mines is appropriate for purposes of this sub- merce and the Committee on the Judiciary onstration project under this subparagraph. clause after providing notice and an oppor- of the House of Representatives. ‘‘(iv) Amounts made available to the At- tunity for public comment. (b) HHS.—Not later than 2 years after the torney General for carrying out this section ‘‘(v) The qualifying physician shall main- date of enactment of this Act, the Secretary or to the Secretary of Health and Human tain records relating to the dispensing of of Health and Human Services, in coordina- Services for carrying out title V of the Pub- drugs or combinations of drugs to treat pa- tion with the Attorney General, shall submit lic Health Service Act (42 U.S.C. 290aa) shall tients under this paragraph, including not to the appropriate committees of Congress a also be made available to carry out the dem- less than 3 of the following: report on the effect on the amendments onstration project under this subparagraph. ‘‘(I) The number of patients the qualifying made by this title on the availability of evi- ‘‘(v) The demonstration project under this physician treats, as compared to the max- dence-based treatment and any increased subparagraph, including any authority to imum number of patients the qualifying phy- risk in diversion. dispense narcotic drugs in schedule III, IV, sician may treat under this paragraph. (c) GAO.— or V or combinations of such drugs for main- ‘‘(II) Whether the qualifying physician pro- (1) IN GENERAL.—Four years after the date tenance or detoxification treatment under vides counseling services on-site, and how on which the first notification under clause this subparagraph, shall terminate on Sep- frequently patients are using such services. (iv) of section 303(g)(2)(B) of the Controlled tember 30, 2021.’’. ‘‘(III) Whether the qualifying physician re- Substances Act (21 U.S.C. 823(g)(2)(B)), as ferred patients for counseling services off- added by this Act, is received by the Sec- SA 3427. Mr. MCCONNELL (for Mrs. site, the percentage of the patients of the retary of Health and Human Services, the FISCHER (for herself, Mr. DAINES, Mr. qualifying physician using such services, and Comptroller General of the United States BOOKER, Mr. PETERS, Mrs. BOXER, and how frequently the patients are using such shall initiate an evaluation of the effective- Mrs. FEINSTEIN)) proposed an amend- services. ness of the amendments made by this Act, ment to the bill S. 2276, to amend title ‘‘(IV) Whether the qualifying physician which shall include an evaluation of— 49, United States Code, to provide en- uses toxicology testing, if applicable, to (A) any changes in the availability and use hanced safety in pipeline transpor- guide therapeutic dosing and treatment deci- of medication-assisted treatment for opioid tation, and for other purposes; as fol- sion making. addiction; ‘‘(V) The median period during which pa- (B) the quality of medication-assisted lows: tients being treated under this paragraph treatment programs; Strike all after the enacting clause and in- have received treatment. (C) the integration of medication-assisted sert the following: ‘‘(VI) The median period during which pa- treatment with routine healthcare services; SECTION 1. SHORT TITLE; TABLE OF CONTENTS; tients being treated under this paragraph (D) diversion of opioid addiction treatment REFERENCES. with buprenorphine have received treatment. medication; (a) SHORT TITLE.—This Act may be cited as ‘‘(VII) The rate at which patients being (E) changes in State or local policies and the ‘‘Securing America’s Future Energy: treated under this paragraph terminate the legislation relating to opioid addiction treat- Protecting our Infrastructure of Pipelines treatment against medical advice. ment; and Enhancing Safety Act’’ or the ‘‘SAFE ‘‘(vi) The qualifying physician shall— (F) the use of nurse practitioners and phy- PIPES Act’’. ‘‘(I) participate in not less than 24 hours of sician assistants who prescribe opioid addic- (b) TABLE OF CONTENTS.—The table of con- continuing education training during the 3- tion medication; tents of this Act is as follows: year period beginning on the date of the no- (G) the use of Prescription Drug Moni- Sec. 1. Short title; table of contents; ref- tification; and toring Programs by waived practitioners to erences.

VerDate Sep 11 2014 03:42 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0655 E:\CR\FM\A03MR6.031 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1288 CONGRESSIONAL RECORD — SENATE March 3, 2016 Sec. 2. Authorization of appropriations. Liability Trust Fund to carry out the provi- (5) current data collection or research re- Sec. 3. Regulatory updates. sions of this chapter related to hazardous lating to the development of the rulemaking; Sec. 4. Hazardous materials identification liquid and section 12 of the Pipeline Safety (6) current collaborative efforts with safety numbers. Improvement Act of 2002 (49 U.S.C. 60101 experts and other stakeholders; Sec. 5. Statutory preference. note; Public Law 107–355), $18,573,000, of (7) any resource constraints impacting the Sec. 6. Natural gas integrity management which $2,174,000 is for carrying out such sec- rulemaking process for the outstanding regu- review. tion 12 and $4,558,000 is for making grants.’’ lation; and Sec. 7. Hazardous liquid integrity manage- and inserting the following: ‘‘there are au- (8) any other details associated with the ment review. thorized to be appropriated from the Oil development of the rulemaking that impact Sec. 8. Technical safety standards commit- Spill Liability Trust Fund to carry out the the progress of the rulemaking. tees. provisions of this chapter related to haz- SEC. 4. HAZARDOUS MATERIALS IDENTIFICATION Sec. 9. Inspection report information. ardous liquid and section 12 of the Pipeline NUMBERS. Sec. 10. Pipeline odorization study. Safety Improvement Act of 2002 (49 U.S.C. Sec. 11. Improving damage prevention tech- 60101 note; Public Law 107–355)—’’ The Administrator of the Pipeline and Haz- nology. ‘‘(A) $19,890,000 for fiscal year 2016, of which ardous Materials Safety Administration Sec. 12. Workforce of Pipeline and Haz- $3,108,000 shall be expended for carrying out shall— ardous Materials Safety Admin- such section 12 and $8,708,000 shall be ex- (1) rescind the implementation of the June istration. pended for making grants; 26, 2015 PHMSA interpretative letter (#14- Sec. 13. Research and development. ‘‘(B) $20,288,000 for fiscal year 2017, of which 0178); and Sec. 14. Information sharing system. $3,139,000 shall be expended for carrying out (2) reinstate paragraphs (4) and (5) of sec- Sec. 15. Nationwide integrated pipeline safe- such section 12 and $8,795,000 shall be ex- tion 172.336(c) of title 49, Code of Federal ty regulatory database. pended for making grants; Regulations, without the reference to ‘‘gas- Sec. 16. Underground natural gas storage fa- ‘‘(C) $20,694,000 for fiscal year 2018, of which ohol’’, as was originally intended in the cilities. $3,171,000 shall be expended for carrying out March 7, 2013 final rule (PHMSA–2011–0142). Sec. 17. Joint inspection and oversight. such section 12 and $8,883,000 shall be ex- SEC. 5. STATUTORY PREFERENCE. Sec. 18. Response plans. pended for making grants; and The Administrator of the Pipeline and Haz- Sec. 19. High consequence areas. ‘‘(D) $21,108,000 for fiscal year 2019, of which ardous Materials Safety Administration Sec. 20. Surface transportation security re- $3,203,000 shall be expended for carrying out shall prioritize the use of Office of Pipeline view. such section 12 and $8,972,000 shall be ex- Safety resources for the development of each Sec. 21. Small scale liquefied natural gas fa- pended for making grants.’’. outstanding pipeline safety statutory re- cilities. (b) EMERGENCY RESPONSE GRANTS.—Sec- quirement, including requirements for Sec. 22. Report on natural gas leak report- tion 60125(b)(2) is amended by striking ‘‘2012 rulemakings and information collection re- ing. through 2015’’ and inserting ‘‘2016 through quests, for a rulemaking described in a re- Sec. 23. Comptroller General review of State 2019’’. port under section 3 before beginning any (c) ONE-CALL NOTIFICATION PROGRAMS.— policies relating to natural gas new rulemaking required after the date of Section 6107 is amended— leaks. the enactment of this Act unless the Sec- (1) in subsection (a), by striking ‘‘$1,000,000 Sec. 24. Provision of response plans to ap- retary of Transportation certifies to Con- for each of fiscal years 2012 through 2015’’ propriate committees of Con- gress that there is a significant need to move and inserting ‘‘$1,060,000 for each of the fiscal gress. forward with a new rulemaking. Sec. 25. Consultation with FERC as part of years 2016 through 2019’’; and pre-filing procedures and per- (2) in subsection (b), by striking ‘‘2012 SEC. 6. NATURAL GAS INTEGRITY MANAGEMENT mitting process for new natural through 2015’’ and inserting ‘‘2016 through REVIEW. gas pipeline infrastructure. 2019’’. (a) REPORT.—Not later than 18 months Sec. 26. Maintenance of effort. (d) STATE DAMAGE PREVENTION PRO- after the publication of a final rule regarding Sec. 27. Aliso Canyon natural gas leak task GRAMS.—Section 60134(i) is amended by strik- the safety of gas transmission pipelines (76 force. ing ‘‘2012 through 2015’’ and inserting ‘‘2016 Fed. Reg. 53086), the Comptroller General of through 2019’’. (c) REFERENCES TO TITLE 49, UNITED STATES the United States shall submit a report to (e) COMMUNITY PIPELINE SAFETY INFORMA- CODE.—Except as otherwise expressly pro- Congress regarding the natural gas integrity TION GRANTS.—Section 60130(c) is amended by vided, wherever in this Act an amendment or management program. striking ‘‘2012 through 2015’’ and inserting repeal is expressed in terms of an amend- ONTENTS.—The report under sub- ‘‘2016 through 2019’’. (b) C ment to, or repeal of, a section or other pro- (f) PIPELINE INTEGRITY PROGRAM.—Section section (a) shall include— vision, the reference shall be considered to 12(f) of the Pipeline Safety Improvement Act (1) an analysis of the extent to which the be made to a section or other provision of of 2002 (49 U.S.C. 60101 note) is amended by natural gas integrity management program title 49, United States Code. striking ‘‘2012 through 2015’’ and inserting under section 60109(c) of title 49, United SEC. 2. AUTHORIZATION OF APPROPRIATIONS. ‘‘2016 through 2019’’. States Code, has improved the safety of nat- (a) GAS AND HAZARDOUS LIQUID.—Section SEC. 3. REGULATORY UPDATES. ural gas transmission pipelines; 60125(a) is amended— (a) IN GENERAL.—Not later than 120 days (2) an analysis or recommendations, in- (1) in paragraph (1), by striking ‘‘there is after the date of enactment of this Act, and cluding consideration of technical, oper- authorized to be appropriated to the Depart- every 90 days thereafter until a final rule has ational, and economic feasibility, regarding ment of Transportation for each of fiscal been issued for each of the requirements de- changes to the program that would prevent years 2012 through 2015, from fees collected scribed under paragraphs (1), (2), and (3), the inadvertent releases from pipelines and miti- under section 60301, $90,679,000, of which Secretary of Transportation shall publish an gate any adverse consequences of an inad- $4,746,000 is for carrying out such section 12 update on a public website regarding the sta- vertent release, including changes to the and $ 36,194,000 is for making grants.’’ and in- tus of a final rule for— current definition of high consequence area, serting the following: ‘‘there are authorized (1) regulations required under the Pipeline or would expand integrity management be- to be appropriated to the Department of Safety Regulatory Certainty and Job Cre- yond high consequence areas; Transportation from fees collected under ation Act of 2011 (Public Law 112–90; 125 Stat. (3) a review of the cost effectiveness of the section 60301— 1904) for which no interim final rule or direct legacy class location regulations; ‘‘(A) $127,060,000 for fiscal year 2016, of final rule has been issued; (4) an analysis of and recommendations re- which $9,325,000 shall be expended for car- (2) any regulation relating to pipeline safe- garding what impact pipeline features and rying out such section 12 and $42,515,000 shall ty required by law, other than a regulation conditions, including the age, condition, ma- be expended for making grants; described under paragraph (1), for which for terials, and construction of a pipeline, ‘‘(B) $129,671,000 for fiscal year 2017, of more than 2 years after the date of the en- should have on risk analysis of a particular which $9,418,000 shall be expended for car- acting statute or statutory deadline no in- pipeline; rying out such section 12 and $42,941,000 shall terim final rule or direct final rule has been (5) a description of any challenges affect- be expended for making grants; issued; and ing Federal or State regulators in their over- ‘‘(C) $132,334,000 for fiscal year 2018, of (3) any other pipeline safety rulemaking sight of the program and how the challenges which $9,512,000 shall be expended for car- categorized as significant. are being addressed; and rying out such section 12 and $43,371,000 shall (b) CONTENTS.—Each report under sub- (6) a description of any challenges affect- be expended for making grants; and section (a) shall include— ing the natural gas industry in complying ‘‘(D) $135,051,000 for fiscal year 2019, of (1) a description of the work plan for the with the program, and how the challenges which $9,607,000 shall be expended for car- outstanding regulation; are being addressed. rying out such section 12 and $43,805,000 shall (2) an updated rulemaking timeline for the (c) DEFINITION OF HIGH CONSEQUENCE be expended for making grants.’’; and outstanding regulation; AREA.—In this section and in section 7, the (2) in paragraph (2), by striking ‘‘there is (3) current staff allocations; term ‘‘high consequence area’’ means an area authorized to be appropriated for each of fis- (4) any other information collection re- described in section 60109(a) of title 49, cal years 2012 through 2015 from the Oil Spill quest with substantial changes; United States Code.

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SEC. 7. HAZARDOUS LIQUID INTEGRITY MANAGE- (2) CESSATION OF EFFECTIVENESS.—Para- mit to Congress a review of Pipeline and MENT REVIEW. graph (1) shall cease to be effective on Sep- Hazardous Materials Safety Administration (a) SAFETY STUDY.—Not later than 18 tember 30, 2019. staff resource management, including geo- months after the publication of a final rule SEC. 10. PIPELINE ODORIZATION STUDY. graphic allocation plans, hiring challenges, regarding the safety of hazardous liquid pipe- Not later than 180 days after the date of and expected retirement rates and strate- lines (80 Fed. Reg. 61610), the Comptroller the enactment of this Act, the Comptroller gies. The review shall include recommenda- General of the United States shall submit a General of the United States shall submit a tions to address hiring challenges, training report to Congress regarding the hazardous report to the Committee on Commerce, needs, and any other identified staff resource liquid integrity management program. Science, and Transportation of the Senate challenges. (b) CRITICAL HIRING NEEDS.— (b) CONTENTS.—The report under sub- and the Committee on Transportation and (1) IN GENERAL.—Beginning on the date on section (a) shall include— Infrastructure of the House of Representa- which the review is submitted under sub- (1) an analysis of the extent to which liq- tives that assesses— section (a), the Administrator may certify to uid pipeline integrity management in high (1) the feasibility of odorizing all combus- Congress, not less frequently than annually, consequence areas for operators of certain tible gas in transportation; that a severe shortage of qualified can- hazardous liquid pipeline facilities, as regu- (2) the impacts of the odorization of all didates or a critical hiring need exists for a lated under sections 195.450 and 195.452 of combustible gas in transportation on manu- position or group of positions in the Pipeline title 49, Code of Federal Regulations, has im- facturers, agriculture, and other end users; and Hazardous Material Safety Administra- proved the safety of hazardous liquid pipe- and tion. lines; (3) the relative benefits and costs associ- (2) DIRECT HIRE AUTHORITY.—Notwith- (2) recommendations, including consider- ated with odorizing all combustible gas in standing sections 3309 through 3318 of title 5, ation of technical, operational, and eco- transportation, including impacts on health United States Code, the Administrator, after nomic feasibility, regarding changes to the and safety, compared to using other methods making a certification under paragraph (1), program that could prevent inadvertent re- to mitigate pipeline leaks. leases from pipelines and mitigate any ad- may hire a candidate for the position or can- SEC. 11. IMPROVING DAMAGE PREVENTION didates for the group of positions indicated verse consequences of an inadvertent release, TECHNOLOGY. including changes to the current definition in the certification, as applicable. (a) STUDY.—The Secretary of Transpor- of high consequence area; (3) TERMINATIONS OF EFFECTIVENESS.—The tation, in consultation with stakeholders, direct hire authority provided under para- (3) an analysis of how surveying, assess- shall conduct a study on improving existing ment, mitigation, and monitoring activities, graph (2) shall terminate on September 30, damage prevention programs through tech- 2019. including real-time hazardous liquid pipeline nological improvements in location, map- SEC. 13. RESEARCH AND DEVELOPMENT. monitoring during significant flood events ping, excavation, and communications prac- (a) IN GENERAL.—In developing a research and information sharing with other Federal tices to prevent accidental excavation dam- agencies, are being used to address risks as- and development program plan under para- age to a pipe or its coating, including consid- graph (3) of section 12(d) of the Pipeline Safe- sociated with the dynamic and unique nature erations of technical, operational, and eco- of rivers, flood plains, and lakes; ty Improvement Act of 2002 (49 U.S.C. 60101 nomic feasibility and existing damage pre- note), the Administrator of the Pipeline and (4) an analysis of and recommendations re- vention programs. garding what impact pipeline features and Hazardous Material Safety Administration, (b) CONTENTS.—The study under subsection in consultation with the Assistant Secretary conditions, including the age, condition, ma- (a) shall include— terials, and construction of a pipeline, for Research and Technology, shall— (1) an identification of any methods that (1) detail compliance with the consultation should have on risk analysis of a particular could improve existing damage prevention pipeline and what changes to the definition requirement under paragraph (2) of such sec- programs through location and mapping tion; of high consequence area could be made to practices or technologies in an effort to re- improve pipeline safety; and (2) provide opportunities for joint research duce unintended releases caused by exca- ventures with non-Federal entities, when- (5) a description of any challenges affect- vation; ing Federal or State regulators in their over- ever practicable and appropriate, to leverage (2) an analysis of how increased use of GPS limited Federal research resources; and sight of the program and how the challenges digital mapping technologies, predictive ana- are being addressed. (3) permit collaborative research and de- lytic tools, public awareness initiatives in- velopment projects with appropriate non- SEC. 8. TECHNICAL SAFETY STANDARDS COMMIT- cluding one-call initiatives, the use of mo- TEES. Federal organizations. bile devices, and other advanced tech- (b) COLLABORATIVE SAFETY RESEARCH RE- Section 60115(b)(4)(A) is amended by strik- nologies could supplement existing one-call PORT.—Section 60124(a)(6) is amended— ing ‘‘State commissioners. The Secretary notification and damage prevention pro- (1) in subparagraph (A), by striking ‘‘and’’ shall consult with the national organization grams to reduce the frequency and severity at the end; of State commissions before selecting those of incidents caused by excavation damage; (2) in subparagraph (B), by striking the pe- 2 individuals.’’ and inserting ‘‘State officials. (3) an identification of any methods that riod at the end and inserting ‘‘; and’’; and The Secretary shall consult with national could improve excavation practices or tech- (3) by adding at the end the following: organizations representing State commis- nologies in an effort to reduce pipeline dam- ‘‘(C) research activities in collaboration sioners or governors when making a selec- ages; with non-Federal entities, including the in- tion under this subparagraph.’’ (4) an analysis of the feasibility of a na- tended improvements to safety technology, SEC. 9. INSPECTION REPORT INFORMATION. tional data repository for pipeline exca- inspection technology, operator response (a) IN GENERAL.—Not later than 30 days vation accident data that creates standard- time, and emergency responder incident re- after the completion of a pipeline safety in- ized data models for storing and sharing sponse time.’’. spection, the Administrator of the Pipeline pipeline accident information; and SEC. 14. INFORMATION SHARING SYSTEM. and Hazardous Materials Safety Administra- (5) an identification of opportunities for (a) IN GENERAL.—Not later than 180 days tion, or the State authority certified under stakeholder engagement in preventing exca- after the date of the enactment of this Act, section 60105 of title 49, United States Code, vation damage. the Secretary of Transportation shall con- shall— (c) REPORT.—Not later than 1 year after vene a working group to consider the devel- (1) conduct a post-inspection briefing with the date of the enactment of this Act, the opment of a voluntary no-fault information the operator outlining concerns, and to the Secretary of Transportation shall submit a sharing system to encourage collaborative extent practicable, provide written prelimi- report to the Committee on Commerce, efforts to improve inspection information nary findings of the inspection; or Science, and Transportation of the Senate feedback and information sharing with the (2) issue to the operator a final report, no- and the Committee on Transportation and purpose of improving natural gas trans- tice of amendment of plans or procedures, Infrastructure of the House of Representa- mission and hazardous liquid pipeline integ- safety order, or corrective action order, or tives regarding the study under this section, rity risk analysis. such other applicable report, notice, or including recommendations, that include the (b) MEMBERSHIP.—The working group de- order. consideration of technical, operational, and scribed in subsection (a) shall include rep- (b) REPORT.— economic feasibility, on how to incorporate, resentatives from— (1) IN GENERAL.—The Administrator shall into existing damage prevention programs, (1) the Pipeline and Hazardous Materials submit an annual report to Congress regard- technological improvements and practices Safety Administration; ing— that may help prevent accidental excavation (2) industry stakeholders, including opera- (A) the actions that the Pipeline and Haz- damage. tors of pipeline facilities, inspection tech- ardous Materials Safety Administration has SEC. 12. WORKFORCE OF PIPELINE AND HAZ- nology vendors, and pipeline inspection orga- taken to ensure that inspections by State ARDOUS MATERIALS SAFETY ADMIN- nizations; authorities provide effective and timely ISTRATION. (3) safety advocacy groups; oversight; and (a) REVIEW.—Not later than 1 year after (4) research institutions; (B) statistics relating to the timeliness of the date of the enactment of this Act, the (5) State public utility commissions or the actions described in paragraphs (1) and Administrator of the Pipeline and Hazardous State officials responsible for pipeline safety (2) of subsection (a). Materials Safety Administration shall sub- oversight;

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(6) State pipeline safety inspectors; and (3) in paragraph (25), by striking the period ‘‘(2) LIMITATIONS.—Nothing in this section (7) labor representatives. at the end and inserting a semicolon; and may be construed to authorize the Sec- (c) CONSIDERATIONS.—The working group (4) by adding at the end the following: retary— described in subsection (a) shall consider and ‘‘(27) ‘underground natural gas storage fa- ‘‘(A) to prescribe the location of an under- provide recommendations, if applicable, to cility’ means a gas pipeline facility that ground natural gas storage facility; or the Secretary on— stores gas in an underground facility, includ- ‘‘(B) to require the Secretary’s permission (1) the need for and the identification of a ing— to construct a facility referred to in subpara- system to ensure that dig verification data is ‘‘(A) a depleted hydrocarbon reservoir; graph (A).’’. shared with inline inspection operators to ‘‘(B) an aquifer reservoir; or (c) CLERICAL AMENDMENT.—The table of the extent consistent with the need to main- ‘‘(C) a solution mined salt cavern res- sections for chapter 601 is amended by insert- tain proprietary and security sensitive data ervoir.’’. ing after the item relating to section 60103 in a confidential manner to improve pipeline (b) STANDARDS FOR UNDERGROUND NATURAL the following: safety and inspection technology; GAS STORAGE FACILITIES.—Chapter 601 is ‘‘60103A. Standards for underground natural (2) ways to encourage the exchange of pipe- amended by inserting after section 60103 the gas storage facilities.’’. line inspection information and the develop- following: SEC. 17. JOINT INSPECTION AND OVERSIGHT. ment of advanced pipeline inspection tech- ‘‘§ 60103A. Standards for underground nat- To ensure the safety of pipeline transpor- nologies and enhanced risk analysis; ural gas storage facilities tation, the Secretary of Transportation shall (3) opportunities to share data, including ‘‘(a) MINIMUM UNIFORM SAFETY STAND- coordinate with States to ensure safety dig verification data between operators of ARDS.—Not later than 2 years after the date through the following: pipeline facilities and in-line inspector ven- of the enactment of the SAFE PIPES Act, (1) At the request of a State authority, the dors to expand knowledge of the advantages the Secretary of Transportation, in consulta- Secretary shall allow for a certified state au- and disadvantages of the different types of tion with the heads of other relevant Federal thority under section 60105 of title 49, United in-line inspection technology and meth- agencies, shall issue minimum uniform safe- States Code, to participate in the inspection odologies; ty standards, incorporating, to the extent of an interstate pipeline facility. (4) options to create a secure system that practicable, consensus standards for the op- (2) Where appropriate, may provide tem- protects proprietary data while encouraging eration, environmental protection, and in- porary authority for a certified State au- the exchange of pipeline inspection informa- tegrity management of underground natural thority under that section to participate in tion and the development of advanced pipe- gas storage facilities. oversight of interstate pipeline safety trans- line inspection technologies and enhanced ‘‘(b) CONSIDERATIONS.—In developing uni- portation to ensure proper safety oversight risk analysis; and form safety standards under subsection (a), and prevent an adverse impact on public (5) regulatory, funding, and legal barriers the Secretary shall— safety. to sharing the information described in para- ‘‘(1) consider the economic impacts of the SEC. 18. RESPONSE PLANS. graphs (1) through (4). regulations on individual gas customers to In preparing or reviewing a response plan (d) FACA.—The working group shall not be under part 194 of title 49, Code of Federal subject to the Federal Advisory Committee the extent practicable; Regulations, the Administrator of the Pipe- Act (5 U.S.C. App.). ‘‘(2) ensure that the regulations do not (e) PUBLICATION.—The Secretary shall pub- have a significant economic impact on end line and Hazardous Materials Safety Admin- lish the recommendations provided under users to the extent practicable; istration and an operator shall each address, subsection (c) on a publicly available ‘‘(3) consider existing consensus standards; to the maximum extent practicable, the im- website. and pact of a worse case discharge of oil, or the SEC. 15. NATIONWIDE INTEGRATED PIPELINE ‘‘(4) consider the recommendations of the substantial threat of such a discharge, into SAFETY REGULATORY DATABASE. Aliso Canyon Task Force under section 27 of or on any navigable waters or adjoining (a) REPORT.—Not later than 18 months the Securing America’s Future Energy: Pro- shorelines that may be covered in whole or after the date of the enactment of this Act, tecting our Infrastructure of Pipelines and in part by ice. the Secretary of Transportation shall submit Enhancing Safety Act. SEC. 19. HIGH CONSEQUENCE AREAS. a report to Congress on the feasibility of a ‘‘(c) USER FEES.— The Secretary of Transportation shall re- national integrated pipeline safety regu- ‘‘(1) IN GENERAL.—A fee shall be imposed on vise section 195.6(b) of title 49, Code of Fed- latory inspection database to improve com- an entity operating an underground natural eral Regulations to explicitly state that the munication and collaboration between the gas storage facility to which this section ap- Great Lakes are a USA ecological resource Pipeline and Hazardous Materials Safety Ad- plies. Any such fee imposed shall be col- (as defined in section 195.6(b) of that title) ministration and State pipeline regulators. lected before the end of the fiscal year to for purposes of determining whether a pipe- (b) CONTENTS.—The report under sub- which it applies. line is in a high consequence area (as defined section (a) shall include— ‘‘(2) MEANS OF COLLECTION.—The Secretary in section 195.450 of that title). (1) a description of any efforts currently shall prescribe procedures to collect fees SEC. 20. SURFACE TRANSPORTATION SECURITY underway to test a secure information-shar- under this subsection. The Secretary may REVIEW. ing system for the purpose described in sub- use a department, agency, or instrumen- Not later than 1 year after the date of the section (a); tality of the United States Government or of enactment of this Act, the Comptroller Gen- (2) a description of any progress in estab- a State or local government to collect the eral of the United States shall submit a re- lishing common standards for maintaining, fee and may reimburse the department, port to Congress on the staffing, resource al- collecting, and presenting pipeline safety agency, or instrumentality a reasonable location, oversight strategy, and manage- regulatory inspection data, and a method- amount for its services. ment of the Transportation Security Admin- ology for the sharing of the data; ‘‘(3) USE OF FEES.— istration’s pipeline security program and (3) a description of any existing inadequa- ‘‘(A) ACCOUNT.—There is established an un- other surface transportation programs. The cies or gaps in State and Federal inspection, derground natural gas storage facility safety report shall include information on the co- enforcement, geospatial, or other pipeline account in the Pipeline Safety Fund estab- ordination between the Transportation Secu- safety regulatory inspection data; lished under section 60301, in the Treasury of rity Administration, other Federal stake- (4) a description of the potential safety the United States. holders, and industry. benefits of a national integrated pipeline ‘‘(B) USE OF FEES.—A fee collected under SEC. 21. SMALL SCALE LIQUEFIED NATURAL GAS database; and this subsection— FACILITIES. (5) recommendations for how to implement ‘‘(i) shall be deposited in the underground (a) DEFINED TERM.—Section 60101(a), as a secure information-sharing system that natural gas storage facility safety account; amended by section 16, is further amended by protects proprietary and security sensitive and inserting after paragraph (25) the following: information and data for the purpose de- ‘‘(ii) if the fee is related to an underground ‘‘(26) ‘small scale liquefied natural gas fa- scribed in subsection (a). natural gas storage facility, may be used cility’ means a permanent intrastate lique- (c) CONSULTATION.—In preparing the report only for an activity related to underground fied natural gas facility (other than a peak under subsection (a), the Secretary shall natural gas storage safety under this sec- shaving facility) that produces liquefied nat- consult with stakeholders, including each tion. ural gas for— State authority operating under a certifi- ‘‘(C) LIMITATION.—Amounts collected under ‘‘(A) use as a fuel in the United States; or cation to regulate intrastate pipelines under this subsection shall be made available only ‘‘(B) transportation in the United States section 60105 of title 49, United States Code. to the extent provided in advance in an ap- by a means other than a pipeline facility; SEC. 16. UNDERGROUND NATURAL GAS STORAGE propriation law for an activity related to un- and’’. FACILITIES. derground natural gas storage safety. (b) SITING STANDARDS FOR PERMANENT (a) DEFINED TERM.—Section 60101(a) is ‘‘(d) RULES OF CONSTRUCTION.— SMALL SCALE LIQUEFIED NATURAL GAS FA- amended— ‘‘(1) IN GENERAL.—Nothing in this section CILITIES.—Section 60103(a) is amended to read (1) in paragraph (21)(B), by striking the pe- may be construed to affect any Federal regu- as follows: riod at the end and inserting a semicolon; lation relating to gas pipeline facilities that ‘‘(a) LOCATION STANDARDS.— (2) in paragraph (24), by striking ‘‘and’’ at is in effect on the day before the date of en- ‘‘(1) IN GENERAL.—The Secretary of Trans- the end; actment of the SAFE PIPES Act. portation shall prescribe minimum safety

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Where appropriate, the Administrator of prescribing a minimum safety standard for the Pipeline and Hazardous Materials Safety deciding on the permanent location of a new (a) REVIEW.—The Comptroller General of the United States shall conduct a State-by- Administration shall consult with the Fed- liquefied natural gas facility, the Secretary eral Energy Regulatory Commission during of Transportation shall consider— State review of State-level policies that— (1) encourage the repair and replacement its pre-filing procedures and permitting ‘‘(A) the kind and use of the facility; process for new natural gas pipeline infra- ‘‘(B) the existing and projected population of leaking natural gas distribution pipelines or systems that pose a safety threat, such as structure to ensure the protection of people and demographic characteristics of the loca- and the environment from the potential tion; timelines to repair leaks and limits on cost recovery from ratepayers; and risks of hazardous materials transportation ‘‘(C) the existing and proposed land uses by pipeline. near the location; (2) that may create barriers for entities to SEC. 26. MAINTENANCE OF EFFORT. ‘‘(D) the natural physical aspects of the lo- conduct work to repair and replace leaking Section 60107(b) is amended to read as fol- cation; natural gas pipelines or distribution sys- lows: ‘‘(E) medical, law enforcement, and fire tems. ‘‘(b) PAYMENTS.—After notifying and con- prevention capabilities near the location (b) REPORT.—Not later than 1 year after sulting with a State authority, the Sec- that can cope with a risk caused by the facil- the date of the enactment of this Act, the retary may withhold any part of a payment ity; and Comptroller General shall submit to Con- when the Secretary decides that the author- ‘‘(F) the need to encourage remote siting. gress and the Pipeline and Hazardous Mate- ity is not carrying out satisfactorily a safety ‘‘(3) SMALL SCALE LIQUEFIED NATURAL GAS rials Safety Administration a report summa- program or not acting satisfactorily as an FACILITIES.— rizing the findings of the review conducted agent. The Secretary may pay an authority ‘‘(A) IN GENERAL.—Not later than 18 under subsection (a) and making rec- under this section only when the authority months after the date of the enactment of ommendations on Federal or State policies ensures the Secretary that it will provide the SAFE PIPES Act, the Secretary of or best practices that may improve safety by the remaining costs of a safety program, ex- Transportation shall prescribe minimum accelerating the repair and replacement of cept when the Secretary waives this require- safety standards for permanent small scale natural gas pipelines or systems that are ment.’’. liquefied natural gas facilities. leaking or releasing natural gas, including SEC. 27. ALISO CANYON NATURAL GAS LEAK ‘‘(B) CONSIDERATIONS.—In prescribing min- policies within the jurisdiction of the Pipe- TASK FORCE. imum safety standards under this paragraph, line and Hazardous Materials Safety Admin- (a) ESTABLISHMENT OF TASK FORCE.—Not the Secretary shall consider— istration. The report shall consider the po- later than 15 days after the date of enact- ‘‘(i) the value of establishing risk-based ap- tential impact, including potential savings, ment of this Act, the Secretary of Energy proaches; of the implementation of its recommenda- shall lead and establish an Aliso Canyon ‘‘(ii) the benefit of incorporating industry tions on ratepayers or end users of the nat- Task Force (referred to in this section as the standards and best practices; ural gas pipeline system. ‘‘task force’’). ‘‘(iii) the need to encourage the use of best (b) MEMBERSHIP OF TASK FORCE.—In addi- (c) CONSIDERATION OF RECOMMENDATIONS.— available technology; and tion to the Secretary, the task force shall be If the Comptroller General makes rec- ‘‘(iv) the factors prescribed in paragraph composed of— ommendations in the report submitted under (2), as appropriate.’’. (1) 1 representative from the Pipeline and SEC. 22. REPORT ON NATURAL GAS LEAK RE- subsection (a) on Federal or State policies or Hazardous Materials Safety Administration; PORTING. best practices within the jurisdiction of the (2) 1 representative from the Department (a) IN GENERAL.—Not later than 1 year Pipeline and Hazardous Materials Safety Ad- of Health and Human Services; after the date of the enactment of this Act, ministration, the Administrator shall, not (3) 1 representative from the Environ- the Administrator of the Pipeline and Haz- later than 90 days after such submission, re- mental Protection Agency; ardous Materials Safety Administration view such recommendations and report to (4) 1 representative from the Department shall submit to Congress a report on the Congress on the feasibility of implementing of the Interior; metrics provided to the Pipeline and Haz- such recommendations. If the Administrator (5) 1 representative from the Department ardous Materials Safety Administration and determines that the recommendations would of Commerce; and other Federal and State agencies related to significantly improve pipeline safety, the lost and unaccounted for natural gas from (6) 1 representative from the Federal En- Administrator shall, not later than 180 days ergy Regulatory Commission. distribution pipelines and systems. after making such determination and in co- (b) ELEMENTS.—The report required under (c) REPORT.— ordination with the heads of other relevant subsection (a) shall include the following ele- (1) IN GENERAL.—Not later than 180 days agencies as appropriate, issue regulations, as ments: after the date of enactment of this Act, the the Administrator determines appropriate, (1) An examination of different reporting task force shall submit a final report that to implement the recommendations. requirements or standards for lost and unac- contains the information described in para- counted for natural gas to different agencies, SEC. 24. PROVISION OF RESPONSE PLANS TO AP- graph (2) to— the reasons for any such discrepancies, and PROPRIATE COMMITTEES OF CON- (A) the Committee on Energy and Natural recommendations for harmonizing and im- GRESS. Resources of the Senate; (B) the Committee on Natural Resources of proving the accuracy of reporting. (a) PROVISION OF PLANS.— (2) An analysis of whether separate or al- the House of Representatives; (1) IN GENERAL.—Notwithstanding sub- (C) the Committee on Environment and ternative reporting could better measure the section (a)(2) of section 60138 of title 49, amounts and identify the location of lost and Public Works of the Senate; United States Code, and subject to paragraph (D) the Committee on Transportation and unaccounted for natural gas from natural (2), upon the request of the Chairperson or gas distribution systems. Infrastructure of the House of Representa- Ranking Member of an appropriate com- tives; (3) A description of potential safety issues mittee of Congress, the Administrator of the associated with natural gas that is lost and (E) the Committee on Commerce, Science, Pipeline and Hazardous Materials Safety Ad- and Transportation of the Senate; unaccounted for from natural gas distribu- ministration shall provide the Chairperson tion systems. (F) the Committee on Energy and Com- or Ranking Member, as applicable, a unique- merce of the House of Representatives; (4) An assessment of whether alternate re- ly identifiable, unredacted copy of an oil re- porting and measures will resolve any safety (G) the Committee on Health, Education, sponse plan under that section. Labor, and Pensions of the Senate; issues identified under paragraph (3), includ- (2) PROTECTION OF INFORMATION.—Any in- ing an analysis of the potential impact, in- (H) the Committee on Education and the formation subject to exclusion under section Workforce of the House of Representatives; cluding potential savings, on rate payers and 60138(a)(2) of title 49, United States Code, end users of natural gas products of such re- (I) the President; and that is provided under paragraph (1) shall be (J) relevant Federal and State agencies. porting and measures. afforded appropriate protection against un- (c) CONSIDERATION OF RECOMMENDATIONS.— (2) INFORMATION INCLUDED.—The report authorized public disclosure, consistent with submitted under paragraph (1) shall include, If the Administrator determines that alter- the rules and practices related to the protec- nate reporting structures or recommenda- at a minimum— tion of confidential information received by tions included in the report required under (A) an analysis and conclusion of the cause Congress. subsection (a) would significantly improve and contributing factors of the Aliso Canyon the reporting and measurement of lost and (b) RULE OF CONSTRUCTION.—Nothing in natural gas leak; unaccounted for gas or safety of systems, the this section shall be construed as affecting (B) an analysis of measures taken to stop Administrator shall, not later than 180 days the provision of any other report, data, or the natural gas leak, with an immediate after making such determination, issue regu- other information to Congress, or its han- focus on other, more effective measures that lations, as the Administrator determines ap- dling thereof. could be taken;

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Without on the reliability of the bulk-power system; of the Senate on March 3, 2016, to con- (D) an analysis of how Federal, State, and objection, it is so ordered. duct a hearing entitled ‘‘Regulatory local agencies responded to the natural gas COMMITTEE ON FINANCE Reforms To Improve Equity Market leak; Mr. CORNYN. Mr. President, I ask Structure.’’ (E) in order to lessen the negative impacts unanimous consent that the Com- The PRESIDING OFFICER. Without of natural gas leaks from underground stor- mittee on Finance be authorized to objection, it is so ordered. age facilities, recommendations on how to meet during the session of the Senate f improve— on March 3, 2016, at 10 a.m., in room (i) the response to a future leak; and SD–215 of the Dirksen Senate Office SAFE PIPES ACT (ii) coordination between all appropriate Building, to conduct a hearing entitled Mr. MCCONNELL. Mr. President, I Federal, State, and local agencies in the re- ask unanimous consent that the Sen- sponse to the Aliso Canyon natural gas leak ‘‘Free Trade Agreement Implementa- and future natural gas leaks; tion: Lessons from the Past.’’ ate proceed to the immediate consider- (F) an analysis of the potential for a simi- The PRESIDING OFFICER. Without ation of Calendar No. 370, S. 2276. lar natural gas leak to occur at other under- objection, it is so ordered. The PRESIDING OFFICER. The ground natural gas storage facilities in the COMMITTEE ON FOREIGN RELATIONS clerk will report the bill by title. United States; Mr. CORNYN. Mr. President, I ask The legislative clerk read as follows: (G) recommendations on how to prevent unanimous consent that the Com- A bill (S. 2276) to amend title 49, United any future natural gas leaks; mittee on Foreign Relations be author- States Code, to provide enhanced safety in (H) recommendations on whether to con- ized to meet during the session of the pipeline transportation, and for other pur- tinue operations at Aliso Canyon and other Senate on March 3, 2016, at 10 a.m., to poses. underground storage facilities in close prox- conduct a hearing entitled ‘‘The Path There being no objection, the Senate imity to residential populations based on an proceeded to consider the bill, which assessment of the risk of a future natural Forward in Libya.’’ gas leak; and The PRESIDING OFFICER. Without had been reported from the Committee (I) a recommendation on information that objection, it is so ordered. on Commerce, Science, and Transpor- is not currently collected but that would be COMMITTEE ON HOMELAND SECURITY AND tation, with an amendment to strike in the public interest to collect and dis- GOVERNMENTAL AFFAIRS all after the enacting clause and insert tribute to agencies and institutions for the Mr. CORNYN. Mr. President, I ask in lieu thereof the following: continued study and monitoring of natural unanimous consent that the Com- SECTION 1. SHORT TITLE; REFERENCES; TABLE gas storage infrastructure in the United mittee on Homeland Security and Gov- OF CONTENTS. States. ernmental Affairs be authorized to (a) SHORT TITLE.—This Act may be cited as (3) PUBLICATION.—The final report under meet during the session of the Senate the ‘‘Securing America’s Future Energy: Pro- paragraph (1) shall be made available to the tecting our Infrastructure of Pipelines and En- public in an electronically accessible format. on March 3, 2016, at 10 a.m., to conduct a hearing entitled ‘‘Dogs of DHS: How hancing Safety Act’’ or the ‘‘SAFE PIPES Act’’. (4) FINDINGS.—If, before the final report is (b) REFERENCES TO TITLE 49, UNITED STATES submitted under paragraph (1), the task Canine Programs Contribute to Home- CODE.—Except as otherwise expressly provided, force finds methods to solve the natural gas land Security.’’ wherever in this Act an amendment or repeal is leak at Aliso Canyon, finds methods to bet- The PRESIDING OFFICER. Without expressed in terms of an amendment to, or re- ter protect the affected communities, or objection, it is so ordered. peal of, a section or other provision, the ref- finds methods to help prevent other leaks, COMMITTEE ON SMALL BUSINESS AND erence shall be considered to be made to a sec- the task force shall immediately submit ENTREPRENEURSHIP tion or other provision of title 49, United States such findings to the entities described in Mr. CORNYN. Mr. President, I ask Code. subparagraphs (A) through (J) of paragraph unanimous consent that the Com- (c) TABLE OF CONTENTS.—The table of con- (1). tents of this Act is as follows: (d) AUTHORIZATION OF APPROPRIATIONS.— mittee on Small Business and Entre- preneurship be authorized to meet dur- Sec. 1. Short title; references; table of contents. There are authorized to be appropriated to Sec. 2. Authorization of appropriations. carry out this section such sums as may be ing the session of the Senate on March Sec. 3. Regulatory updates. necessary. 3, 2016, at 10 a.m., in room 428A of the Sec. 4. Hazardous materials identification num- f Russell Senate Office Building to con- bers. duct a hearing entitled ‘‘The Impacts Sec. 5. Statutory preference. AUTHORITY FOR COMMITTEES TO of Federal Fisheries Management on Sec. 6. Natural gas integrity management re- view. MEET Small Businesses.’’ Sec. 7. Hazardous liquid integrity management COMMITTEE ON ARMED SERVICES The PRESIDING OFFICER. Without review. objection, it is so ordered. Mr. CORNYN. Mr. President, I ask Sec. 8. Technical safety standards committees. Sec. 9. Inspection report information. unanimous consent that the Com- COMMITTEE ON VETERANS’ AFFAIRS Mr. CORNYN. Mr. President, I ask Sec. 10. Pipeline odorization study. mittee on Armed Services be author- Sec. 11. Improving damage prevention tech- unanimous consent that the Com- ized to meet during the session of the nology. Senate on March 3, 2016, at 9:30 a.m. mittee on Veterans’ Affairs be author- Sec. 12. Workforce of Pipeline and Hazardous ized to meet during the session of the The PRESIDING OFFICER. Without Materials Safety Administration. Senate on March 3, 2016, at 10 a.m., in Sec. 13. Research and development. objection, it is so ordered. room 345 of the Cannon House Office Sec. 14. Information sharing system. COMMITTEE ON COMMERCE, SCIENCE, AND Building. Sec. 15. Nationwide integrated pipeline safety TRANSPORTATION regulatory database. The PRESIDING OFFICER. Without Sec. 16. Underground natural gas storage facili- Mr. CORNYN. Mr. President, I ask objection, it is so ordered. unanimous consent that the Com- ties. SELECT COMMITTEE ON INTELLIGENCE Sec. 17. Joint inspection and oversight. mittee on Commerce, Science, and Mr. CORNYN. Mr. President, I ask Sec. 18. Response plans. Transportation be authorized to meet unanimous consent that the Select Sec. 19. High consequence areas. Sec. 20. Surface transportation security review. during the session of the Senate on Committee on Intelligence be author- March 3, 2016, at 10 a.m., in room SR– Sec. 21. Small scale liquefied natural gas facili- ized to meet during the session of the ties. 253 of the Russell Senate Office Build- Senate on March 3, 2016, at 2 p.m., in Sec. 22. Report on natural gas leak reporting. ing. room SH–219 of the Hart Senate Office Sec. 23. Comptroller General review of State The PRESIDING OFFICER. Without Building. policies relating to natural gas objection, it is so ordered. The PRESIDING OFFICER. Without leaks. Sec. 24. Provision of pipeline oil spill response COMMITTEE ON ENERGY AND NATURAL objection, it is so ordered. plans to congressional committees. RESOURCES SUBCOMMITTEE ON SECURITIES, INSURANCE, AND Sec. 25. Consultation with FERC as part of pre- Mr. CORNYN. Mr. President, I ask INVESTMENT filing procedures and permitting unanimous consent that the Com- Mr. CORNYN. Mr. President, I ask process for new natural gas pipe- mittee on Energy and Natural Re- unanimous consent that the Com- line infrastructure.

VerDate Sep 11 2014 01:35 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00050 Fmt 4624 Sfmt 6343 E:\CR\FM\A03MR6.034 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 3, 2016 CONGRESSIONAL RECORD — SENATE S1293 SEC. 2. AUTHORIZATION OF APPROPRIATIONS. every 90 days thereafter until a final rule has from pipelines and mitigate any adverse con- (a) GAS AND HAZARDOUS LIQUID.—Section been issued for each of the requirements de- sequences of an inadvertent release, including 60125(a) is amended— scribed under paragraphs (1), (2), and (3), the changes to the current definition of high con- (1) in paragraph (1), by striking ‘‘there is au- Secretary of Transportation shall submit a re- sequence area, or would expand integrity man- thorized to be appropriated to the Department of port to the Committee on Commerce, Science, agement beyond high consequence areas; Transportation for each of fiscal years 2012 and Transportation of the Senate and the Com- (3) a review of the cost effectiveness of the leg- through 2015, from fees collected under section mittee on Transportation and Infrastructure of acy class location regulations; 60301, $90,679,000, of which $4,746,000 is for car- the House of Representatives regarding the sta- (4) an analysis of and recommendations re- rying out such section 12 and $ 36,194,000 is for tus of a final rule for— garding what impact pipeline features and con- making grants.’’ and inserting the following: (1) regulations required under the Pipeline ditions, including the age, condition, materials, ‘‘there are authorized to be appropriated to the Safety Regulatory Certainty and Job Creation and construction of a pipeline, should have on Department of Transportation from fees col- Act of 2011 (Public Law 112–90; 125 Stat. 1904) risk analysis of a particular pipeline; lected under section 60301— for which no interim final rule or direct final (5) a description of any challenges affecting ‘‘(A) $127,060,000 for fiscal year 2016, of which rule has been issued; Federal or State regulators in their oversight of $9,325,000 shall be expended for carrying out (2) any regulation relating to pipeline safety the program and how the challenges are being such section 12 and $42,515,000 shall be ex- required by law, other than a regulation de- addressed; and pended for making grants; scribed under paragraph (1), for which for more (6) a description of any challenges affecting ‘‘(B) $129,671,000 for fiscal year 2017, of which than 2 years after the date of the enacting stat- the natural gas industry in complying with the $9,418,000 shall be expended for carrying out ute or statutory deadline no interim final rule or program, and how the challenges are being ad- such section 12 and $42,941,000 shall be ex- direct final rule has been issued; and dressed. pended for making grants; (3) any other pipeline safety rulemaking cat- (c) DEFINITION OF HIGH CONSEQUENCE AREA.— ‘‘(C) $132,334,000 for fiscal year 2018, of which egorized as significant. In this section and in section 7, the term ‘‘high $9,512,000 shall be expended for carrying out (b) CONTENTS.—Each report under subsection consequence area’’ means an area described in such section 12 and $43,371,000 shall be ex- (a) shall include— section 60109(a) of title 49, United States Code. pended for making grants; and (1) a description of the work plan for the out- SEC. 7. HAZARDOUS LIQUID INTEGRITY MANAGE- ‘‘(D) $135,051,000 for fiscal year 2019, of which standing regulation; MENT REVIEW. $9,607,000 shall be expended for carrying out (2) an updated rulemaking timeline for the (a) SAFETY STUDY.—Not later than 18 months such section 12 and $43,805,000 shall be ex- outstanding regulation; after the publication of a final rule regarding pended for making grants.’’; and (3) current staff allocations; the safety of hazardous liquid pipelines (80 Fed. (2) in paragraph (2), by striking ‘‘there is au- (4) any other information collection request Reg. 61610), the Comptroller General of the thorized to be appropriated for each of fiscal with substantial changes; United States shall submit a report to Congress years 2012 through 2015 from the Oil Spill Li- (5) current data collection or research relating regarding the hazardous liquid integrity man- ability Trust Fund to carry out the provisions of to the development of the rulemaking; agement program. this chapter related to hazardous liquid and sec- (6) current collaborative efforts with safety (b) CONTENTS.—The report under subsection tion 12 of the Pipeline Safety Improvement Act experts and other stakeholders; (a) shall include— of 2002 (49 U.S.C. 60101 note; Public Law 107– (7) any resource constraints impacting the (1) an analysis of the extent to which liquid 355), $18,573,000, of which $2,174,000 is for car- rulemaking process for the outstanding regula- pipeline integrity management in high con- rying out such section 12 and $4,558,000 is for tion; and sequence areas for operators of certain haz- making grants.’’ and inserting the following: (8) any other details associated with the de- ardous liquid pipeline facilities, as regulated ‘‘there are authorized to be appropriated from velopment of the rulemaking that impact the under sections 195.450 and 195.452 of title 49, the Oil Spill Liability Trust Fund to carry out progress of the rulemaking. Code of Federal Regulations, has improved the the provisions of this chapter related to haz- SEC. 4. HAZARDOUS MATERIALS IDENTIFICATION safety of hazardous liquid pipelines; ardous liquid and section 12 of the Pipeline NUMBERS. (2) recommendations, including consideration Safety Improvement Act of 2002 (49 U.S.C. 60101 The Administrator of the Pipeline and Haz- of technical, operational, and economic feasi- note; Public Law 107–355)—’’ ardous Materials Safety Administration shall— bility, regarding changes to the program that ‘‘(A) $19,890,000 for fiscal year 2016, of which (1) rescind the implementation of the June 26, could prevent inadvertent releases from pipe- $3,108,000 shall be expended for carrying out 2015 PHMSA interpretative letter (#14-0178); and lines and mitigate any adverse consequences of such section 12 and $8,708,000 shall be expended (2) reinstate paragraphs (4) and (5) of section an inadvertent release, including changes to the for making grants; 172.336(c) of title 49, Code of Federal Regula- current definition of high consequence area; ‘‘(B) $20,288,000 for fiscal year 2017, of which tions, without the reference to ‘‘gasohol’’, as (3) an analysis of how surveying, assessment, $3,139,000 shall be expended for carrying out was originally intended in the March 7, 2013 mitigation, and monitoring activities, including such section 12 and $8,795,000 shall be expended final rule (PHMSA–2011–0142). real-time hazardous liquid pipeline monitoring for making grants; during significant flood events and information ‘‘(C) $20,694,000 for fiscal year 2018, of which SEC. 5. STATUTORY PREFERENCE. sharing with other Federal agencies, are being $3,171,000 shall be expended for carrying out The Administrator of the Pipeline and Haz- used to address risks associated with the dy- such section 12 and $8,883,000 shall be expended ardous Materials Safety Administration shall namic and unique nature of rivers, flood plains, for making grants; and prioritize the use of Pipeline and Hazardous and lakes; ‘‘(D) $21,108,000 for fiscal year 2019, of which Materials Safety Administration resources for (4) an analysis of and recommendations re- $3,203,000 shall be expended for carrying out the completion of each outstanding statutory re- garding what impact pipeline features and con- such section 12 and $8,972,000 shall be expended quirement, including requirements for ditions, including the age, condition, materials, for making grants.’’. rulemakings and information collection re- and construction of a pipeline, should have on (b) EMERGENCY RESPONSE GRANTS.—Section quests, for a rulemaking described in a report risk analysis of a particular pipeline and what 60125(b)(2) is amended by striking ‘‘2012 through under section 3 before beginning any new rule- changes to the definition of high consequence 2015’’ and inserting ‘‘2016 through 2019’’. making required after the date of the enactment area could be made to improve pipeline safety; (c) ONE-CALL NOTIFICATION PROGRAMS.—Sec- of this Act unless the Secretary of Transpor- tion 6107 is amended— tation certifies to Congress that there is a sig- and (1) in subsection (a), by striking ‘‘$1,000,000 nificant need to move forward with a new rule- (5) a description of any challenges affecting for each of fiscal years 2012 through 2015’’ and making. Federal or State regulators in their oversight of inserting ‘‘$1,060,000 for each of the fiscal years SEC. 6. NATURAL GAS INTEGRITY MANAGEMENT the program and how the challenges are being 2016 through 2019’’; and REVIEW. addressed. (2) in subsection (b), by striking ‘‘2012 through (a) REPORT.—Not later than 18 months after SEC. 8. TECHNICAL SAFETY STANDARDS COMMIT- 2015’’ and inserting ‘‘2016 through 2019’’. the publication of a final rule regarding the TEES. (d) STATE DAMAGE PREVENTION PROGRAMS.— safety of gas transmission pipelines (76 Fed. Section 60115(b)(4)(A) is amended by striking Section 60134(i) is amended by striking ‘‘2012 Reg. 53086), the Comptroller General of the ‘‘State commissioners. The Secretary shall con- through 2015’’ and inserting ‘‘2016 through United States shall submit a report to Congress sult with the national organization of State 2019’’. regarding the natural gas integrity management commissions before selecting those 2 individ- (e) COMMUNITY PIPELINE SAFETY INFORMA- program. uals.’’ and inserting ‘‘State officials. The Sec- TION GRANTS.—Section 60130(c) is amended by (b) CONTENTS.—The report under subsection retary shall consult with national organizations striking ‘‘2012 through 2015’’ and inserting ‘‘2016 (a) shall include— representing State commissioners or governors through 2019’’. (1) an analysis of the extent to which the nat- when making a selection under this subpara- (f) PIPELINE INTEGRITY PROGRAM.—Section ural gas integrity management program under graph.’’ 12(f) of the Pipeline Safety Improvement Act of section 60109(c) of title 49, United States Code, SEC. 9. INSPECTION REPORT INFORMATION. 2002 (49 U.S.C. 60101 note) is amended by strik- has improved the safety of natural gas trans- (a) IN GENERAL.—Not later than 30 days after ing ‘‘2012 through 2015’’ and inserting ‘‘2016 mission pipelines; the completion of a pipeline safety inspection, through 2019’’. (2) an analysis or recommendations, including the Administrator of the Pipeline and Haz- SEC. 3. REGULATORY UPDATES. consideration of technical, operational, and eco- ardous Materials Safety Administration, or the (a) IN GENERAL.—Not later than 120 days nomic feasibility, regarding changes to the pro- State authority certified under section 60105 of after the date of enactment of this Act, and gram that would prevent inadvertent releases title 49, United States Code, shall—

VerDate Sep 11 2014 01:35 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00051 Fmt 4624 Sfmt 6333 E:\CR\FM\A03MR6.036 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1294 CONGRESSIONAL RECORD — SENATE March 3, 2016 (1) conduct a post-inspection briefing with the ational, and economic feasibility, on how to in- (3) safety advocacy groups; operator outlining concerns, and to the extent corporate, into existing damage prevention pro- (4) research institutions; practicable, provide written preliminary find- grams, technological improvements and prac- (5) State public utility commissions or State ings of the inspection; or tices that may help prevent accidental exca- officials responsible for pipeline safety over- (2) issue to the operator a final report, notice vation damage. sight; of amendment of plans or procedures, safety SEC. 12. WORKFORCE OF PIPELINE AND HAZ- (6) State pipeline safety inspectors; and order, or corrective action order, or such other ARDOUS MATERIALS SAFETY ADMIN- (7) labor representatives. applicable report, notice, or order. ISTRATION. (c) CONSIDERATIONS.—The working group de- (b) REPORT.— (a) REVIEW.—Not later than 1 year after the scribed in subsection (a) shall consider and pro- (1) IN GENERAL.—The Administrator shall sub- date of the enactment of this Act, the Adminis- vide recommendations, if applicable, to the Sec- mit an annual report to Congress regarding— trator of the Pipeline and Hazardous Materials retary on— (A) the actions that the Pipeline and Haz- Safety Administration shall submit to Congress (1) the need for and the identification of a ardous Materials Safety Administration has a review of Pipeline and Hazardous Materials system to ensure that dig verification data is taken to ensure that inspections by State au- Safety Administration staff resource manage- shared with inline inspection operators to the thorities provide effective and timely oversight; ment, including geographic allocation plans, extent consistent with the need to maintain pro- and hiring challenges, and expected retirement rates prietary and security sensitive data in a con- (B) statistics relating to the timeliness of the and strategies. The review shall include rec- fidential manner to improve pipeline safety and actions described in paragraphs (1) and (2) of ommendations to address hiring challenges, inspection technology; subsection (a). training needs, and any other identified staff (2) ways to encourage the exchange of pipe- (2) CESSATION OF EFFECTIVENESS.—Paragraph resource challenges. line inspection information and the development (1) shall cease to be effective on September 30, (b) CRITICAL HIRING NEEDS.— of advanced pipeline inspection technologies 2019. (1) IN GENERAL.—Beginning on the date on and enhanced risk analysis; SEC. 10. PIPELINE ODORIZATION STUDY. which the review is submitted under subsection (3) opportunities to share data, including dig Not later than 180 days after the date of the (a), the Administrator may certify to Congress, verification data between operators of pipeline enactment of this Act, the Comptroller General not less frequently than annually, that a severe facilities and in-line inspector vendors to ex- of the United States shall submit a report to the shortage of qualified candidates or a critical pand knowledge of the advantages and dis- Committee on Commerce, Science, and Transpor- hiring need exists for a position or group of po- advantages of the different types of in-line in- tation of the Senate and the Committee on sitions in the Pipeline and Hazardous Material spection technology and methodologies; Transportation and Infrastructure of the House Safety Administration. (4) options to create a secure system that pro- of Representatives that assesses— (2) DIRECT HIRE AUTHORITY.—Notwith- tects proprietary data while encouraging the ex- (1) the feasibility of odorizing all combustible standing sections 3309 through 3318 of title 5, change of pipeline inspection information and gas in transportation; United States Code, the Administrator, after the development of advanced pipeline inspection (2) the impacts of the odorization of all com- making a certification under paragraph (1), may technologies and enhanced risk analysis; and bustible gas in transportation on manufacturers, hire a candidate for the position or candidates (5) regulatory, funding, and legal barriers to agriculture, and other end users; and for the group of positions, as applicable. sharing the information described in paragraphs (3) the relative benefits and costs associated (3) TERMINATIONS OF EFFECTIVENESS.—The di- (1) through (4). with odorizing all combustible gas in transpor- rect hire authority provided under paragraph (d) FACA.—The working group shall not be tation compared to using other methods to miti- (2) shall terminate on September 30, 2019. subject to the Federal Advisory Committee Act (5 gate pipeline leaks. SEC. 13. RESEARCH AND DEVELOPMENT. U.S.C. App.). SEC. 11. IMPROVING DAMAGE PREVENTION TECH- (a) IN GENERAL.—In developing a research (e) PUBLICATION.—The Secretary shall publish NOLOGY. and development program plan under para- the recommendations provided under subsection (a) STUDY.—The Secretary of Transportation, graph (3) of section 12(d) of the Pipeline Safety (c) on a publicly available website. in consultation with stakeholders, shall conduct Improvement Act of 2002 (49 U.S.C. 60101 note), SEC. 15. NATIONWIDE INTEGRATED PIPELINE a study on improving existing damage preven- the Administrator of the Pipeline and Haz- SAFETY REGULATORY DATABASE. tion programs through technological improve- ardous Material Safety Administration, in con- (a) REPORT.—Not later than 18 months after ments in location, mapping, excavation, and sultation with the Assistant Secretary for Re- the date of the enactment of this Act, the Sec- communications practices to prevent accidental search and Technology, shall— retary of Transportation shall submit a report to excavation damage to a pipe or its coating, in- (1) detail compliance with the consultation re- Congress on the feasibility of a national inte- cluding considerations of technical, operational, quirement under paragraph (2) of such section; grated pipeline safety regulatory inspection and economic feasibility and existing damage (2) provide opportunities for joint research database to improve communication and col- prevention programs. ventures with non-Federal entities, whenever laboration between the Pipeline and Hazardous (b) CONTENTS.—The study under subsection practicable and appropriate, to leverage limited Materials Safety Administration and State pipe- (a) shall include— Federal research resources; and line regulators. (1) an identification of any methods that (3) permit collaborative research and develop- (b) CONTENTS.—The report under subsection could improve existing damage prevention pro- ment projects with appropriate non-Federal or- (a) shall include— grams through location and mapping practices ganizations. (1) a description of any efforts currently un- or technologies in an effort to reduce unin- (b) COLLABORATIVE SAFETY RESEARCH RE- derway to test a secure information-sharing sys- tended releases caused by excavation; PORT.—Section 60124(a)(6) is amended— tem for the purpose described in subsection (a); (2) an analysis of how increased use of GPS (1) in subparagraph (A), by striking ‘‘and’’ at (2) a description of any progress in estab- digital mapping technologies, predictive analytic the end; lishing common standards for maintaining, col- tools, public awareness initiatives including (2) in subparagraph (B), by striking the period lecting, and presenting pipeline safety regu- one-call initiatives, the use of mobile devices, at the end and inserting ‘‘; and’’; and latory inspection data, and a methodology for and other advanced technologies could supple- (3) by adding at the end the following: the sharing of the data; ment existing one-call notification and damage ‘‘(C) research activities in collaboration with (3) a description of any existing inadequacies prevention programs to reduce the frequency non-Federal entities, including the intended im- or gaps in State and Federal inspection, en- and severity of incidents caused by excavation provements to safety technology, inspection forcement, geospatial, or other pipeline safety damage; technology, operator response time, and emer- regulatory inspection data; (3) an identification of any methods that gency responder incident response time.’’. (4) a description of the potential safety bene- could improve excavation practices or tech- SEC. 14. INFORMATION SHARING SYSTEM. fits of a national integrated pipeline database; nologies in an effort to reduce pipeline damages; (a) IN GENERAL.—Not later than 180 days and (4) an analysis of the feasibility of a national after the date of the enactment of this Act, the (5) recommendations for how to implement a data repository for pipeline excavation accident Secretary of Transportation shall convene a secure information-sharing system that protects data that creates standardized data models for working group to consider the development of a proprietary and security sensitive information storing and sharing pipeline accident informa- voluntary no-fault information sharing system and data for the purpose described in subsection tion; and to encourage collaborative efforts to improve in- (a). (5) an identification of opportunities for spection information feedback and information (c) CONSULTATION.—In preparing the report stakeholder engagement in preventing exca- sharing with the purpose of improving natural under subsection (a), the Secretary shall consult vation damage. gas transmission and hazardous liquid pipeline with stakeholders, including each State author- (c) REPORT.—Not later than 1 year after the integrity risk analysis. ity operating under a certification to regulate date of the enactment of this Act, the Secretary (b) MEMBERSHIP.—The working group de- intrastate pipelines under section 60105 of title of Transportation shall submit a report to the scribed in subsection (a) shall include represent- 49, United States Code. Committee on Commerce, Science, and Transpor- atives from— SEC. 16. UNDERGROUND NATURAL GAS STORAGE tation of the Senate and the Committee on (1) the Pipeline and Hazardous Materials FACILITIES. Transportation and Infrastructure of the House Safety Administration; (a) DEFINED TERM.—Section 60101(a) is of Representatives regarding the study under (2) industry stakeholders, including operators amended— this section, including recommendations, that of pipeline facilities, inspection technology ven- (1) in paragraph (21)(B), by striking the pe- include the consideration of technical, oper- dors, and pipeline inspection organizations; riod at the end and inserting a semicolon;

VerDate Sep 11 2014 01:35 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00052 Fmt 4624 Sfmt 6333 E:\CR\FM\A03MR6.036 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 3, 2016 CONGRESSIONAL RECORD — SENATE S1295 (2) in paragraph (24), by striking ‘‘and’’ at ‘‘60103A. Standards for underground natural ‘‘(F) the need to encourage remote siting. the end; gas storage facilities.’’. ‘‘(3) SMALL SCALE LIQUEFIED NATURAL GAS FA- (3) in paragraph (25), by striking the period at SEC. 17. JOINT INSPECTION AND OVERSIGHT. CILITIES.— the end and inserting a semicolon; and To ensure the safety of pipeline transpor- ‘‘(A) IN GENERAL.—Not later than 18 months (4) by adding at the end the following: tation, the Secretary of Transportation shall co- after the date of the enactment of the SAFE ‘‘(27) ‘underground natural gas storage facil- ordinate with States to ensure safety through PIPES Act, the Secretary of Transportation ity’ means a gas pipeline facility that stores gas the following: shall prescribe minimum safety standards for in an underground facility, including— (1) At the request of a State authority, the small scale liquefied natural gas facilities. ‘‘(A) a depleted hydrocarbon reservoir; Secretary shall allow for a certified state au- ‘‘(B) CONSIDERATIONS.—In prescribing min- ‘‘(B) an aquifer reservoir; or thority under section 60105 of title 49, United imum safety standards under this paragraph, ‘‘(C) a solution mined salt cavern reservoir.’’. States Code, to participate in the inspection of the Secretary shall consider— (b) STANDARDS FOR UNDERGROUND NATURAL an interstate pipeline facility. ‘‘(i) the value of establishing risk-based ap- GAS STORAGE FACILITIES.—Chapter 601 is (2) Where appropriate, may provide temporary proaches; amended by inserting after section 60103 the fol- authority for a certified State authority under ‘‘(ii) the benefit of incorporating industry lowing: that section to participate in oversight of inter- standards and best practices; ‘‘(iii) the need to encourage the use of best ‘‘§ 60103A. Standards for underground nat- state pipeline safety transportation to ensure available technology; and ural gas storage facilities proper safety oversight and prevent an adverse ‘‘(iv) the factors prescribed in paragraph (2), impact on public safety. ‘‘(a) MINIMUM UNIFORM SAFETY STANDARDS.— as appropriate.’’. SEC. 18. RESPONSE PLANS. Not later than 2 years after the date of the en- SEC. 22. REPORT ON NATURAL GAS LEAK RE- actment of the SAFE PIPES Act, the Secretary In preparing or reviewing a response plan PORTING. under part 194 of title 49, Code of Federal Regu- of Transportation, in consultation with the (a) IN GENERAL.—Not later than 1 year after heads of other relevant Federal agencies, shall lations, the Administrator of the Pipeline and the date of the enactment of this Act, the Ad- issue minimum uniform safety standards, incor- Hazardous Materials Safety Administration and ministrator of the Pipeline and Hazardous Ma- porating, to the extent practicable, consensus an operator shall each consider, to the maximum terials Safety Administration shall submit to standards for the operation, environmental pro- extent practicable, the impact of a worse case Congress a report on the metrics provided to the tection, and integrity management of under- discharge of oil, or the substantial threat of Pipeline and Hazardous Materials Safety Ad- ground natural gas storage facilities. such a discharge, into or on any navigable ministration and other Federal and State agen- ‘‘(b) CONSIDERATIONS.—In developing uniform waters or adjoining shorelines that may be cov- cies related to lost and unaccounted for natural safety standards under subsection (a), the Sec- ered in whole or in part by ice. gas from distribution pipelines and systems. retary shall— SEC. 19. HIGH CONSEQUENCE AREAS. (b) ELEMENTS.—The report required under ‘‘(1) consider the economic impacts of the reg- The Secretary of Transportation shall revise subsection (a) shall include the following ele- ulations on individual gas customers to the ex- section 195.6(b) of title 49, Code of Federal Regu- ments: tent practicable; lations to explicitly state that the Great Lakes (1) An examination of different reporting re- ‘‘(2) ensure that the regulations do not have a are a USA ecological resource (as defined in sec- quirements or standards for lost and unac- significant economic impact on end users to the tion 195.6(b) of that title) for purposes of deter- counted for natural gas to different agencies, extent practicable; and mining whether a pipeline is in a high con- the reasons for any such discrepancies, and rec- ‘‘(3) consider existing consensus standards. sequence area (as defined in section 195.450 of ommendations for harmonizing and improving ‘‘(c) USER FEES.— that title). the accuracy of reporting. ‘‘(1) IN GENERAL.—A fee shall be imposed on SEC. 20. SURFACE TRANSPORTATION SECURITY (2) An analysis of whether separate or alter- an entity operating an underground natural gas REVIEW. native reporting could better measure the storage facility to which this section applies. Not later than 1 year after the date of the en- amounts and identify the location of lost and Any such fee imposed shall be collected before actment of this Act, the Comptroller General of unaccounted for natural gas from natural gas the end of the fiscal year to which it applies. the United States shall submit a report to Con- distribution systems. ‘‘(2) MEANS OF COLLECTION.—The Secretary gress on the staffing, resource allocation, over- (3) A description of potential safety issues as- shall prescribe procedures to collect fees under sight strategy, and management of the Trans- sociated with natural gas that is lost and unac- this subsection. The Secretary may use a depart- portation Security Administration’s pipeline se- counted for from natural gas distribution sys- ment, agency, or instrumentality of the United curity program and other surface transportation tems. States Government or of a State or local govern- programs. The report shall include information (4) An assessment of whether alternate report- ment to collect the fee and may reimburse the on the coordination between the Transportation ing and measures will resolve any safety issues department, agency, or instrumentality a rea- Security Administration, other Federal stake- identified under paragraph (3), including an sonable amount for its services. holders, and industry. analysis of the potential impact, including po- ‘‘(3) USE OF FEES.— SEC. 21. SMALL SCALE LIQUEFIED NATURAL GAS tential savings, on rate payers and end users of ‘‘(A) ACCOUNT.—There is established an un- FACILITIES. natural gas products of such reporting and derground natural gas storage facility safety ac- (a) DEFINED TERM.—Section 60101(a), as measures. count in the Pipeline Safety Fund established amended by section 16, is further amended by (c) CONSIDERATION OF RECOMMENDATIONS.—If under section 60301, in the Treasury of the inserting after paragraph (25) the following: the Administrator determines that alternate re- United States. ‘‘(26) ‘small scale liquefied natural gas facil- porting structures or recommendations included ‘‘(B) USE OF FEES.—A fee collected under this ity’ means an intrastate liquefied natural gas in the report required under subsection (a) subsection— facility (other than a peak shaving facility) that would significantly improve the reporting and ‘‘(i) shall be deposited in the underground produces liquefied natural gas for— measurement of lost and unaccounted for gas or natural gas storage facility safety account; and ‘‘(A) use as a fuel in the United States; or safety of systems, the Administrator shall, not ‘‘(ii) if the fee is related to an underground ‘‘(B) transportation in the United States by a later than 180 days after making such deter- natural gas storage facility, may be used only means other than a pipeline facility; and’’. mination, issue regulations, as the Adminis- for an activity related to underground natural (b) SITING STANDARDS FOR SMALL SCALE LIQ- trator determines appropriate, to implement the gas storage safety under this section. UEFIED NATURAL GAS FACILITIES.—Section recommendations. ‘‘(C) LIMITATION.—Amounts collected under 60103(a) is amended to read as follows: SEC. 23. COMPTROLLER GENERAL REVIEW OF this subsection shall be made available only to ‘‘(a) LOCATION STANDARDS.— STATE POLICIES RELATING TO NAT- the extent provided in advance in an appropria- ‘‘(1) IN GENERAL.—The Secretary of Transpor- URAL GAS LEAKS. tion law for an activity related to underground tation shall prescribe minimum safety standards (a) REVIEW.—The Comptroller General of the natural gas storage safety. for deciding on the location of a new liquefied United States shall conduct a State-by-State re- ‘‘(d) RULES OF CONSTRUCTION.— natural gas pipeline facility or small scale lique- view of State-level policies that— ‘‘(1) IN GENERAL.—Nothing in this section may fied natural gas facility. (1) encourage the repair and replacement of be construed to affect any Federal regulation re- ‘‘(2) LIQUEFIED NATURAL GAS FACILITIES.—In leaking natural gas distribution pipelines or sys- lating to gas pipeline facilities that is in effect prescribing a minimum safety standard for de- tems that pose a safety threat, such as timelines on the day before the date of enactment of the ciding on the location of a new liquefied natural to repair leaks and limits on cost recovery from SAFE PIPES Act. gas facility, the Secretary of Transportation ratepayers; and ‘‘(2) LIMITATIONS.—Nothing in this section shall consider— (2) that may create barriers for entities to con- may be construed to authorize the Secretary— ‘‘(A) the kind and use of the facility; duct work to repair and replace leaking natural ‘‘(A) to prescribe the location of an under- ‘‘(B) the existing and projected population gas pipelines or distribution systems. ground natural gas storage facility; or and demographic characteristics of the location; (b) REPORT.—Not later than 1 year after the ‘‘(B) to require the Secretary’s permission to ‘‘(C) the existing and proposed land uses near date of the enactment of this Act, the Comp- construct a facility referred to in subparagraph the location; troller General shall submit to Congress and the (A).’’. ‘‘(D) the natural physical aspects of the loca- Pipeline and Hazardous Materials Safety Ad- (c) CLERICAL AMENDMENT.—The table of sec- tion; ministration a report summarizing the findings tions for chapter 601 is amended by inserting ‘‘(E) medical, law enforcement, and fire pre- of the review conducted under subsection (a) after the item relating to section 60103 the fol- vention capabilities near the location that can and making recommendations on Federal or lowing: cope with a risk caused by the facility; and State policies or best practices that may improve

VerDate Sep 11 2014 03:00 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00053 Fmt 4624 Sfmt 6333 E:\CR\FM\A03MR6.036 S03MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1296 CONGRESSIONAL RECORD — SENATE March 3, 2016 safety by accelerating the repair and replace- ate proceed to the immediate consider- Senators permitted to speak therein ment of natural gas pipelines or systems that ation of S. Res. 389. for up to 10 minutes each; finally, that are leaking or releasing natural gas, including The PRESIDING OFFICER. The at 4 p.m., the Senate resume consider- policies within the jurisdiction of the Pipeline clerk will report the resolution by ation of S. 524. and Hazardous Materials Safety Administra- tion. The report shall consider the potential im- title. The PRESIDING OFFICER. Without pact, including potential savings, of the imple- The legislative clerk read as follows: objection, it is so ordered. mentation of its recommendations on ratepayers A resolution (S. Res. 389) designating f or end users of the natural gas pipeline system. March 6, 2016, as the first annual ‘‘World (c) CONSIDERATION OF RECOMMENDATIONS.—If Lymphedema Day.’’ ADJOURNMENT UNTIL MONDAY, the Comptroller General makes recommendations There being no objection, the Senate MARCH 7, 2016, AT 3 P.M. in the report submitted under subsection (a) on proceeded to consider the resolution. Mr. MCCONNELL. Mr. President, if Federal or State policies or best practices within there is no further business to come be- the jurisdiction of the Pipeline and Hazardous Mr. MCCONNELL. I know of no fur- Materials Safety Administration, the Adminis- ther debate on the resolution. fore the Senate, I ask unanimous con- trator shall, not later than 90 days after such The PRESIDING OFFICER. Hearing sent that it stand adjourned under the submission, review such recommendations and no further debate, the question is on previous order. report to Congress on the feasibility of imple- agreeing to the resolution. There being no objection, the Senate, menting such recommendations. If the Adminis- The resolution (S. Res. 389) was at 6:13 p.m., adjourned until Monday, trator determines that the recommendations agreed to. March 7, 2016, at 3 p.m. would significantly improve pipeline safety, the Mr. MCCONNELL. I further ask Administrator shall, not later than 180 days f unanimous consent that the preamble after making such determination and in coordi- NOMINATIONS nation with the heads of other relevant agencies be agreed to and the motions to recon- as appropriate, issue regulations, as the Admin- sider be considered made and laid upon Executive nominations received by istrator determines appropriate, to implement the table with no intervening action or the Senate: the recommendations. debate. NATIONAL ASSOCIATION OF REGISTERED AGENTS SEC. 24. PROVISION OF PIPELINE OIL SPILL RE- The PRESIDING OFFICER. Without AND BROKERS SPONSE PLANS TO CONGRESSIONAL objection, it is so ordered. SUSAN LOUISE CASTANEDA, OF CALIFORNIA, TO BE A COMMITTEES. The preamble was agreed to. MEMBER OF THE BOARD OF DIRECTORS OF THE NA- (a) IN GENERAL.—Notwithstanding any other TIONAL ASSOCIATION OF REGISTERED AGENTS AND provision of law, the Administrator of the Pipe- (The resolution, with its preamble, is BROKERS FOR A TERM OF ONE YEAR. (NEW POSITION) line and Hazardous Materials Safety Adminis- printed in today’s RECORD under ‘‘Sub- OVERSEAS PRIVATE INVESTMENT CORPORATION tration shall, upon request of the Chairman or mitted Resolutions.’’) ROBERTO R. HERENCIA, OF ILLINOIS, TO BE A MEMBER Ranking Member of an appropriate congres- f OF THE BOARD OF DIRECTORS OF THE OVERSEAS PRI- sional committee, provide to such committee full VATE INVESTMENT CORPORATION FOR A TERM EXPIR- ING DECEMBER 17, 2018. (REAPPOINTMENT) and unredacted copies of oil spill response WORLD WILDLIFE DAY plans. COMMODITY FUTURES TRADING COMMISSION Mr. MCCONNELL. Mr. President, I (b) APPROPRIATE CONGRESSIONAL COMMITTEES CHRISTOPHER JAMES BRUMMER, OF THE DISTRICT OF DEFINED.—In this section, the term ‘‘appro- ask unanimous consent that the Sen- COLUMBIA, TO BE A COMMISSIONER OF THE COMMODITY ate proceed to the immediate consider- FUTURES TRADING COMMISSION FOR THE REMAINDER priate congressional committees’’ means— OF THE TERM EXPIRING JUNE 19, 2016, VICE MARK P. (1) the Committee on Commerce, Science, and ation of S. Res. 390, submitted earlier WETJEN, RESIGNED. Transportation of the Senate; and today. CHRISTOPHER JAMES BRUMMER, OF THE DISTRICT OF COLUMBIA, TO BE A COMMISSIONER OF THE COMMODITY (2) the Committee on Transportation and In- The PRESIDING OFFICER. The FUTURES TRADING COMMISSION FOR A TERM EXPIRING frastructure and the Committee on Energy and clerk will report the resolution by JUNE 19, 2021. (REAPPOINTMENT) Commerce of the House of Representatives. BRIAN D. QUINTENZ, OF THE DISTRICT OF COLUMBIA, title. TO BE A COMMISSIONER OF THE COMMODITY FUTURES SEC. 25. CONSULTATION WITH FERC AS PART OF The legislative clerk read as follows: TRADING COMMISSION FOR A TERM EXPIRING APRIL 13, PRE-FILING PROCEDURES AND PER- 2020, VICE SCOTT O’MALIA, RESIGNED. A resolution (S. Res. 390) designating MITTING PROCESS FOR NEW NAT- IN THE ARMY URAL GAS PIPELINE INFRASTRUC- March 3, 2016 as ‘‘World Wildlife Day.’’ TURE. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT There being no objection, the Senate TO THE GRADE INDICATED IN THE UNITED STATES ARMY The Administrator of the Pipeline and Haz- proceeded to consider the resolution. UNDER TITLE 10, U.S.C., SECTION 624: ardous Materials Safety Administration shall To be major consult with the Federal Energy Regulatory Mr. MCCONNELL. I further ask Commission during its pre-filing procedures and unanimous consent that the resolution ANDREW R. MCIVER GERARD C. PHILIP permitting process for new natural gas pipeline be agreed to, the preamble be agreed infrastructure to ensure the protection of people to, and the motions to reconsider be IN THE NAVY and the environment from the risks of haz- considered made and laid upon the THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ardous materials transportation. TO THE GRADE INDICATED IN THE UNITED STATES NAVY table with no intervening action or de- RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: Mr. MCCONNELL. I ask unanimous bate. To be captain consent that the committee-reported The PRESIDING OFFICER. Without MICHAEL L. HIPP substitute amendment be withdrawn; objection, it is so ordered. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT the Fischer substitute amendment be The resolution (S. Res. 390) was TO THE GRADE INDICATED IN THE UNITED STATES NAVY agreed to; the bill, as amended, be read agreed to. UNDER TITLE 10, U.S.C., SECTION 624: a third time and passed; and the mo- The preamble was agreed to. To be commander tion to reconsider be considered made (The resolution, with its preamble, is JASON A. GRANT and laid upon the table. printed in today’s RECORD under ‘‘Sub- THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- MENT TO THE GRADE INDICATED IN THE REGULAR NAVY The PRESIDING OFFICER. Without mitted Resolutions.’’) UNDER TITLE 10, U.S.C., SECTION 531: objection, it is so ordered. f To be lieutenant commander The committee-reported substitute ORDERS FOR MONDAY, MARCH 7, RONALD H. NELLEN amendment was withdrawn. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT The amendment (No. 3427) in the na- 2016 TO THE GRADE INDICATED IN THE UNITED STATES NAVY RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: ture of a substitute was agreed to. Mr. MCCONNELL. Mr. President, I To be captain (The amendment is printed in today’s ask unanimous consent that when the RECORD under ‘‘Text of Amendments.’’) Senate completes its business today, it BRIAN D. HENNESSY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT The bill (S. 2276), as amended, was or- adjourn until 3 p.m., Monday, March 7; IN THE GRADE INDICATED IN THE REGULAR NAVY dered to be engrossed for a third read- that following the prayer and pledge, UNDER TITLE 10, U.S.C., SECTION 531: ing, was read the third time, and the morning hour be deemed expired, To be lieutenant commander passed. the Journal of proceedings be approved ASHLEY A. HOCKYCKO f to date, and the time for the two lead- f ers be reserved for their use later in WORLD LYMPHEDEMA DAY the day; further, that following leader WITHDRAWALS Mr. MCCONNELL. Mr. President, I remarks, the Senate be in a period of Executive Message transmitted by ask unanimous consent that the Sen- morning business until 4 p.m., with the President to the Senate on March

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WOMEN’S HISTORY MONTH complications. When the nation’s blood supply Once again thank you Dave for your service became contaminated with HIV during the to our country, and congratulations on this his- SPEECH OF 1980’s, almost 90% of severe hemophilia suf- toric achievement. HON. CHRIS VAN HOLLEN ferers became infected. Of those cases of HIV f transmission, over 50% have since died of the OF MARYLAND disease. RECOGNIZING THE 100TH ANNIVER- IN THE HOUSE OF REPRESENTATIVES Despite these tragic outcomes, there is rea- SARY OF THE NATIVE DAUGH- Wednesday, March 2, 2016 son for optimism. Thanks to federally funded TERS OF THE GOLDEN WEST PARLOR 210 IN FORT BRAGG, Mr. VAN HOLLEN. Mr. Speaker, I rise to Hemophilia Treatment Centers (HTCs), origi- CALIFORNIA call upon the people of our nation to re-double nally authorized by Congress in 1974, as the effort to pass the Equal Rights Amend- many as 70% of hemophilia sufferers take ad- ment—an amendment to make real the prom- vantage of specialized treatment through the HON. JARED HUFFMAN ise of equal rights, equal justice and equal op- multidisciplinary, comprehensive care in a net- OF CALIFORNIA portunity for women. Given the continuous as- work of HTCs. According to the CDC, mortality IN THE HOUSE OF REPRESENTATIVES saults on women’s health care and reproduc- rates and hospitalization rates for bleeding Thursday, March 3, 2016 complications from hemophilia were 40% tive rights and the persistent wage gap, there Mr. HUFFMAN. Mr. Speaker, I rise today to lower among Americans who received treat- is no better time for this Amendment to be- honor the 100th anniversary of the Native ment at HTCs. I am proud to say that Georgia come enshrined in our constitution. This is Daughters of the Golden West Parlor 210 in hosts a total of four HTCs. long overdue and it is shameful that we con- Fort Bragg, California. In addition, organizations such as the Na- tinue to be three states short of ratification. On March 2, 1916, twenty-seven women tional Hemophilia Foundation have made it The Constitution must guarantee and protect were initiated as charter members of the their mission to continue to raise awareness women’s rights. newly formed parlor of the Native Daughters about rare bleeding disorders in the United In recognition of Women’s History Month, I of the Golden West, a statewide fraternal and States and abroad. So Mr. Speaker, today I encourage my colleagues to take up this issue patriotic organization that has served the com- rise to recognize those who suffer from bleed- and fight for the Equal Rights Amendment. munity and helped preserve the town’s history ing disorders and those who continue to work f for one hundred years. to create greater awareness of bleeding dis- Over the years, the Native Daughters of IN RECOGNITION OF MARCH AS orders. BLEEDING DISORDERS MONTH Fort Bragg Parlor has played an important role f in raising awareness of Fort Bragg’s unique HON. DAVID SCOTT HONORING A CHAMPION FROM history and in honoring important historical lo- THE STATE OF HOCKEY cations through plaques, volunteer work, and OF GEORGIA sharing the living history of the town with visi- IN THE HOUSE OF REPRESENTATIVES tors and locals alike. They have helped Fort Thursday, March 3, 2016 HON. RICHARD M. NOLAN Bragg students further their education as well OF MINNESOTA as countless other philanthropic efforts. Mr. DAVID SCOTT of Georgia. Mr. Speaker, IN THE HOUSE OF REPRESENTATIVES The longstanding dedication and commit- I rise today to recognize March as the first ment of the Fort Bragg members of the Native Bleeding Disorders Awareness month. As my Thursday, March 3, 2016 Daughters of the Golden West has created a colleagues may know, bleeding disorders are Mr. NOLAN. Mr. Speaker, I rise today to legacy of service and historic preservation in a group of diseases which affect more than recognize my friend, and Elyite, Lt. Col. David Fort Bragg and Mendocino County. Please three million Americans and which have no Merhar for his many athletic achievements, join me in acknowledging and expressing grat- known cure. These diseases, which include service to his country, and passion for helping itude to the Native Daughters of the Golden hemophilia, Von Willebrand disease or VWD, others pursue their goals. West Parlor 210 in Fort Bragg, California, for and other rare disorders, can take a heavy toll On February 6th his West Point number 7 a century of service. on their sufferers’ standard of living and fi- jersey was retired—one of the first three jer- nances. However, despite these troubling re- seys to ever be raised to the rafters of Tate f alities, by raising awareness, it is my hope Rink—in honor of his many accomplishments HONORING THE LIFE AND LEGACY that through earlier diagnosis, we might pre- while playing for West Point’s hockey team. OF DORIS YOUNG HURLEY vent more complications, unnecessary proce- During his senior season, he became the first dures, and disabilities so often caused by NCAA hockey player to surpass 100 points in HON. BRIAN HIGGINS a season. The 57 goals and 50 assists that these diseases. OF NEW YORK The most common bleeding disorders, he- season made him the highest scoring NCAA IN THE HOUSE OF REPRESENTATIVES mophilia and VWD, are hereditary and caused hockey player at the time and today his 107 by disorders in blood proteins meant to clot points in one season remains 6th all-time in Thursday, March 3, 2016 and stop bleeding. According to the Centers NCAA history. Mr. HIGGINS. Mr. Speaker, I rise today to for Disease Control, as many as 400 babies After graduating from West Point, Dave honor the life and accomplishments of Mrs. are born with hemophilia each year. For he- went on to a fulfilling 35 year career in govern- Doris Young Hurley. A beloved wife, sister, mophilia sufferers, their illness means that ment service, including 23 years in active mili- mother, grandmother, and great-grandmother, they require lifelong infusions of replacement tary duty and serving as a special assistant to as well as an irreplaceable member of the clotting factor therapies. The financial burden then General Alexander Haig stationed at community, Mrs. Hurley passed away on Feb- for individuals with severe hemophilia are NATO headquarters in Belgium. Dave’s hard ruary 28th, 2016 at the age of 94. often $250,000 a year or more. While the af- work and dedication helped to keep our coun- Born in Buffalo, New York on May 27, 1921, fordable care act limits annual out-of-pocket try safe. Mrs. Hurley was raised on Humboldt Parkway expenses to $6,850 for individuals and Today Dave continues in public service by on the East Side of Buffalo. One of nine chil- $13,700 for families, the high cost of clotting helping me select candidates for service acad- dren, she was a graduate of St. Mary factor therapies means that those afflicted with emy nominations. I truly appreciate the time Magdalene as well as St. Mary’s Seminary. In the disease often pay these full amounts each he sets aside every year to help me nominate her scholastic career she was extremely proud year. students to service academies, such as West of an essay she wrote in 1933 titled ‘‘Why I In the past we have seen just how vulner- Point, so they can pursue their goals just like am Proud to be an American’’ which won an able sufferers of bleeding disorders are to Dave. Americanism Essay award.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Sep 11 2014 04:18 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MR8.001 E03MRPT1 emcdonald on DSK67QTVN1PROD with REMARKS E272 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 2016 Mrs. Hurley worked for American Airlines in comings so that we can learn from them and IN HONOR OF LIN SCHMALE the Buffalo airport after high school and during better shape our future. World War II, where she met her future hus- So, Mr. Speaker, this year we celebrate HON. SAM FARR band Paul Bishop Hurley of Belmont, Massa- both our beginning and our becoming. We cel- OF CALIFORNIA chusetts when he was transferred to Buffalo. ebrate the struggles of the past 100 years and IN THE HOUSE OF REPRESENTATIVES They were married in January 1944, and were we embrace the challenge of the next 100 Thursday, March 3, 2016 together sixty-two years until his passing in years. We commend the triumphant strides of 2006. the many leaders that have been birthed from Mr. FARR. Mr. Speaker, I rise today to In her spare time, Mrs. Hurley enjoyed this rich Mustang blood. We unleash the unbri- honor Lin Schmale, who recently retired from many activities including sewing, crafts, danc- dled Mustang spirit upon those who are being The Society of American Florists where she ing, and music. She was a dedicated fan of groomed now and those who are still to come. was senior director of government relations the Buffalo Bills. Mr. Speaker, therefore, we recognize this and an advocate for flower and plant growers A devoted mother, Mrs. Hurley’s family great achievement and commend Morgan across the nation. Lin is someone known for brought her great joy. She is survived by her Park High School for bestowing upon so many tenacity and fearlessness—as well as collabo- daughters, Mary Ann Tanski, Barbara Pacitti, the opportunity of a lifetime; to pass through ration and kindness. A walking encyclopedia Colleen Argus; sons Paul Jr., John, Daniel, its halls, to sit in its classrooms, and to play of the federal bureaucracy, she has a long Michael, William, and Timothy; 25 grand- on its courts. and well-documented history for promoting children; and 10 great-grandchildren. Paul Jr. Go Mustangs and congratulations on reach- teamwork and partnerships to accomplish the served as President of Trocaire College from ing your centennial. sometimes seemingly impossible. 1998 to 2012, and John has held the position For 22 years, Lin fought for the floral indus- of President of Canisius College since 2010. f try on Capitol Hill and throughout countless Mr. Speaker, it is with great pride that I rise RECOGNIZING THE 75TH federal agencies, bringing together diverse today to honor the memory of Mrs. Doris Y. ANNIVERSARY OF M&Ms people, groups and agencies, and standing Hurley, an adored mother, sister, and grand- her ground on issues that directly affect the mother. I offer my deepest condolences to her livelihood of growers, wholesalers, retailers family, friends, and loved ones. HON. DANIEL WEBSTER and suppliers. OF FLORIDA f Known for her sharp intellect and her ability IN THE HOUSE OF REPRESENTATIVES to grasp and then distill complex issues, Lin HONORING MORGAN PARK HIGH Thursday, March 3, 2016 has played a lead role in two critically impor- SCHOOL tant areas: first, through her efforts, federal Mr. WEBSTER of Florida. Mr. Speaker, it is funds are now available to conduct important my pleasure to recognize Mars, Incorporated research on floral and nursery crops; and sec- HON. BOBBY L. RUSH as they celebrate the 75th anniversary of ond, she has dedicated countless hours to en- OF ILLINOIS M&Ms today, March 3, 2016. sure safe and efficient transportation of flow- IN THE HOUSE OF REPRESENTATIVES Forrest Mars Sr., son of Mars founder, ers and plants within the United States and Thursday, March 3, 2016 Franklin Mars, got the inspiration for M&Ms across international borders. Mr. RUSH. Mr. Speaker, I rise today to pay while running the family candy business in the When Lin started working at SAF, the Floral tribute to Morgan Park High School in Chi- United Kingdom. Mars encountered soldiers and Nursery Research Initiative (FNRI) had cago, Illinois as it celebrates its 100th Anniver- eating small chocolate candies encased in a been created and was poised to be a source sary. hard shell as part of their rations. These hard of needed funding for research across the The centennial celebration is a highly antici- shell chocolate candies resisted melting. For- country. While the structure was in place, and pated milestone for most organizations. How- rest Mars turned the concept into M&Ms and there was support in Congress and the USDA, ever, only a select group gets the honor of ac- a world-renowned brand of candy. By the mid- the Initiative needed more visibility. However, tually celebrating one hundred years of exist- 1950s, M&Ms had become the number one putting her knowledge of the federal and polit- ence and Morgan Park High School is now candy in the United States. ical bureaucracy to work, and calling on a vast among them. Since its inception in 1916 when Mars, Incorporated has five governing prin- network of colleagues and peers on the Hill, it opened its doors to less than 300 students, ciples that deserve our recognition. First, they Lin soon helped take the Initiative to the next Morgan Park has been a champion for edu- establish quality of their work as their first level. What was initially a glimmer in the eyes cational exceptionalism. Morgan Park is set goal. Second, they require total responsibility of the industry soon became a multi-million apart during this momentous occasion as a from every member of their organization. dollar annual USDA research program that bearer of academic excellence, a laboratory Third, they seek out how to mutually serve ev- today funds a wide variety of research benefit- for stellar educators, and the training ground eryone in a business relationship with them. ting not only the floral and nursery industries for talented and intellectually-stimulated stu- Fourth, they strive to never waste resources. but literally all of agriculture. And the U.S. De- dents. Fifth, as one of the world’s largest family- partment of Agriculture has called the Initiative Mr. Speaker, the Mustang family is also a owned companies, they embrace the freedom a model program for private and public sector clan of notable alumni. Among them is physi- to do business with high standards. collaboration. cian, NASA Astronaut, and the first African- After visiting M&Ms and Mars facilities in As the international movement of floral prod- American woman in space Mae Jemison; Central Florida and learning about their prin- ucts has increased, Lin’s role in addressing Singer, songwriter, and record producer ciple-based business model, I have come to pest and disease issues took on more impor- Jeremih; Actor Michael Colyar; Chicago respect this company. Mars is a quality, fam- tance. Teachers Union and American Federation of ily-owned organization, and I wish M&Ms a When the pathogen Ralstonia first threat- Teachers leader Jacqueline B. Vaughn; Inven- happy 75th anniversary. ened to disrupt the country’s supply of gera- tor James C. Bliss; and NFL Player Corbin f niums, Lin made sure the industry maintained Bryant—to name a few. Mr. Speaker, I would a respectful yet loud voice in often difficult ne- be remiss if, amongst this list of notable alum- PERSONAL EXPLANATION gotiations between the USDA, the Department ni, I did not mention my dedicated and diligent of Homeland Security and other agricultural Chief of Staff, Reverend Stanley Watkins. HON. RENEE L. ELLMERS groups. Leveraging her deep connections in The list of prestigious accomplishments that OF NORTH CAROLINA Washington, she brought interested parties to- have emerged from the Mustang family is a IN THE HOUSE OF REPRESENTATIVES gether to craft a realistic and workable solution testament of why Morgan Park High School is that protected the geranium industry first and still standing 100 years strong. Mr. Speaker, Thursday, March 3, 2016 foremost, but also addressed the needs of 100 is a special number because it marks two Mrs. ELLMERS of North Carolina. Mr. other agricultural groups and the federal gov- significant transitions: the conclusion of one Speaker, on March 2, 2016, H.R. 3716, the ernment. That was no small feat, and some century and the beginning of a new one. While Ensuring Access to Quality Medicaid Providers people have said, without exaggeration, that this is a time to celebrate the many victories Act, passed the U.S. House of Representa- Lin saved the geranium industry in the United and cherished moments of the passing cen- tives with an overwhelming 406 ‘‘yea’’ votes. States. tury, it is also the moment in which we pause Had I been I present, I would have voted in Over the years, Lin has been a strong in- to reflect upon it critically to identify our short- favor of this legislation. dustry advocate and negotiator in many other

VerDate Sep 11 2014 04:18 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K03MR8.004 E03MRPT1 emcdonald on DSK67QTVN1PROD with REMARKS March 3, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E273 similar situations. She has dealt with federal DEBATE COACH OF THE YEAR: OUR UNCONSCIONABLE NATIONAL and state officials on a wide variety of other DAVE PRITSCHET DEBT pest and disease issues that threatened to disrupt the flow of floral products. In working HON. RICHARD M. NOLAN HON. MIKE COFFMAN on these issues, Lin is often recognized be- OF MINNESOTA OF COLORADO cause of her ability to get people to focus on IN THE HOUSE OF REPRESENTATIVES the science of an issue and not only the poli- IN THE HOUSE OF REPRESENTATIVES tics. With that said, she knows politics in Thursday, March 3, 2016 Thursday, March 3, 2016 Washington, D.C., and at the state level and Mr. NOLAN. Mr. Speaker, I rise today to Mr. COFFMAN. Mr. Speaker, on January uses her knowledge to help diffuse chal- recognize Dave Pritschet, of Brainerd High 20, 2009, the day President Obama took of- lenging situations and work toward solutions. School in Brainerd, Minnesota, who has been fice, the national debt was Through all of her interactions with govern- named 2016 Coach of the Year by the Min- $10,626,877,048,913.08. ment officials, Lin emphasizes candor and nesota Debate Teachers Association. Today, it is $19,090,880,799,021.63. We’ve transparency. For that, people in both the in- Dave built a great and growing debate pro- added $8,464,003,750,108.55 to our debt in 6 dustry and government place great trust in her gram at Brainerd High School that has brought years. This is over $7.5 trillion in debt our na- word. so much honor and recognition to his students tion, our economy, and our children could At The Society of American Florists, Lin and to our entire community. In fact, under have avoided with a balanced budget amend- dedicated herself to staging SAF’s annual Dave’s guidance, the program has sent stu- ment. Congressional Action Days event, and helped dents to state and national debate tour- f to inform and educate SAF members on the naments in every year but one since 2000. So key issues of the day. And she has also had it’s no wonder his fellow coaches saw fit to CELEBRATING THE 35TH ANNIVER- a major role in developing its annual Pest and recognize those achievements with this year’s SARY OF THE ART OF LIVING Production Management Conference, a must- award. FOUNDATION see for scientists, researchers and growers. Though his students debate many things, Lin was honored this year with SAF’s John H. they can all agree Coach Pritschet’s knowl- HON. JANICE D. SCHAKOWSKY Walker Award for excellence in the field of as- edge and passion for the art of debate moti- OF ILLINOIS sociation management and she also received vates them to strive for excellence. Moreover, IN THE HOUSE OF REPRESENTATIVES the Executive Director’s Award from the North the success Brainerd’s debate team has Thursday, March 3, 2016 American Plant Protection Organization for her earned and enjoyed is inspiring other schools collaborative work with regulatory officials from throughout rural Minnesota to form debate Ms. SCHAKOWSKY. Mr. Speaker, I rise the United States, Mexico and Canada. teams where students learn to respectfully ex- today to honor the Art of Living Foundation for Mr. Speaker, it is truly an honor to rise and change ideas and opinions based on facts. its thirty-five years of promoting human values celebrate Lin’s excellence in fighting for the That ability to speak clearly and eloquently will around the world and to wish them well as floral industry every day on Capitol Hill and for take them far in life; perhaps even to this very they kick off their World Culture Festival on her deep commitment to collaboration and Chamber one day. March 11th in New Delhi, India. I’d also like to partnerships. Once again, it is an honor to recognize with recognize all of the volunteers around the my colleagues Minnesota’s 2016 Coach of the world and in New Delhi who have spent count- f Year, Dave Pritschet. less hours organizing this truly magnificent event. HONORING THE BICENTENNIAL f As a United States Congresswoman, I am CELEBRATION OF OSWEGO COUN- focused on improving the lives of girls and TY BAKKEN U women across the globe. I applaud the Art of Living Foundation’s programs that focus on HON. JOHN KATKO HON. KEVIN CRAMER empowering girls and women by giving them OF NORTH DAKOTA access to education, vocational skills training, OF NEW YORK IN THE HOUSE OF REPRESENTATIVES and self-development programs. The vision IN THE HOUSE OF REPRESENTATIVES and actions of Sri Sri Ravi Shankar and the Thursday, March 3, 2016 Thursday, March 3, 2016 Foundation to empower marginalized girls and Mr. CRAMER. Mr. Speaker, the people of women is a positive force for strengthening Mr. KATKO. Mr. Speaker, I rise today to pay North Dakota have many admirable qualities. our future. tribute to the people and history of Oswego Throughout the history of my state, they have The World Culture Festival will bring to- County, New York and celebrate the county’s shown resourcefulness and perseverance as gether individuals from 155 diverse countries 200th Anniversary. The County of Oswego they have produced food to feed a hungry to promote peace and unity. Thank you for was established in March of 1816 through an world and unlocked today’s shale oil revolu- your tireless work and for your commitment to act of the New York State Legislature. The tion. making the world a more peaceful and harmo- county occupies 986 square miles of land on With low oil prices bringing a slowdown in nious place. Please accept my best wishes for the southeastern shore of Lake Ontario. the energy sector, North Dakotans are again a wonderful World Culture Festival and con- The County of Oswego has played a signifi- showing their resilience. Many are looking to gratulations to the Art of Living Foundation. cant role in the history of the Central New improve themselves by gaining new skills and f York region as well as our nation’s history. more education. Bakken U, an innovative new Fort Ontario, overlooking Lake Ontario, in program from the North Dakota University PERSONAL EXPLANATION Oswego County, is one of our nation’s most System that is funded by the North Dakota unique and historical landmarks. Fort Ontario Petroleum Council, is helping make that hap- HON. DAN BENISHEK is the only fort that has been involved in every pen. OF MICHIGAN war since the French and Indian War. During I want to congratulate Warren Logan of IN THE HOUSE OF REPRESENTATIVES World War II, the Fort served as the nation’s Dickinson, who left college a few years ago to only Emergency Refugee Camp, sheltering work in North Dakota’s oilfields. As the first re- Thursday, March 3, 2016 nearly 1,000 refugees. The Fort is now a state cipient of a $5,000 Bakken U scholarship, he Mr. BENISHEK. Mr. Speaker, on roll call no. historic site and operates as a museum, at- will continue to work fulltime while also being 105, I was unavoidably detained and was un- tracting tourists from across the country. a fulltime student, finishing the business ad- fortunately unable to vote in favor of H.R. Fort Ontario is just one example of the great ministration degree he began to pursue years 3716, the Ensuring Removal of Terminated history in Oswego County. As Oswego County ago. Providers from Medicaid and CHIP Act. As a celebrates its bicentennial, I want to honor all Warren is the first of many ambitious North doctor, I know how important it is to make who have helped make Oswego County great Dakotans to take advantage of this unique sure that only qualified professionals are eligi- and thank everyone who has played a part in Bakken U program. Bettering themselves with ble for participating in health care programs preserving the irreplaceable history of Oswego additional education is certain to benefit them like Medicaid and CHIP. Had I been present, County. and my entire state. I would have voted aye.

VerDate Sep 11 2014 04:18 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\K03MR8.008 E03MRPT1 emcdonald on DSK67QTVN1PROD with REMARKS E274 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 2016 BRIGADIER GENERAL SANDY BEST PERSONAL EXPLANATION AFL–CIO, a board member of the Union Orga- nization for Social Service and president of the HON. RICHARD M. NOLAN HON. STEVE COHEN Southern New Jersey Building Trades Council, Jim worked to improve the lives of working OF MINNESOTA OF TENNESSEE IN THE HOUSE OF REPRESENTATIVES families in New Jersey. IN THE HOUSE OF REPRESENTATIVES As a trustee at Rowan University, a board Thursday, March 3, 2016 Thursday, March 3, 2016 member on the Senator Walter Rand Institute Mr. NOLAN. Mr. Speaker, I rise with great Mr. COHEN. Mr. Speaker, I was unable to of Public Affairs at Rutgers University and as pride to honor my friend, Brigadier General attend House Roll Call Vote Numbers 71 chair of the Casino Reinvestment Develop- Sandy Best, the first woman in the Minnesota through 78 on February 11, 2016. If present, ment Authority, Jim has worked tirelessly to National Guard to be promoted to the rank of I would have voted Yes on vote numbers 71, improve the lives of families and all of south- General. In recognition of her extraordinary 73, 74, and 75 and voted No on vote numbers ern New Jersey. Jim has worked with multiple leadership and exemplary service to the 72, 76, 77 and 78. community service organizations, including the Guard and to our Nation, she began her new f Salvation Army, Catholic Charities, Boy Scouts command of the 133rd Airlift Wing and 148th of America and the American Red Cross and CELEBRATING THE LIFE AND I commend him for his social action and devo- Fighter Wing on February 25th. MEMORY OF OFFICER DAVID In her many visits to my office, General Best tion to the betterment of our communities. HOFER Mr. Speaker, James Kehoe is a great Amer- has always been an outstanding advocate for ican whose dedication to community service is the Minnesota National Guard. She exempli- an inspiration to his family, friends, and our fies the best of what makes our National HON. KENNY MARCHANT entire state. I join with his Plumbers & Pipe- Guard so effective. In her former role as the OF TEXAS fitters brothers and sisters and all of New Jer- Minnesota National Guard’s Director of Gov- IN THE HOUSE OF REPRESENTATIVES sey in thanking him for his outstanding service ernment Relations she advocated for Min- Thursday, March 3, 2016 and in wishing him continued success and nesota’s bases at the federal and state level, Mr. MARCHANT. Mr. Speaker, I rise today prosperity in all his future endeavors. contributing greatly to making our state’s to celebrate the life and memory of Officer f bases some of America’s premier defense op- David Hofer of the Euless, Texas Police De- erations. partment. Officer Hofer was tragically killed IN RECOGNITION OF H. MARIE Members of the Minnesota National Guard while serving in the line of duty on March 1, SMITH’S 90TH BIRTHDAY have been deployed around the world, and 2016. they always stand ready to help our region David’s career as an officer began in 2009 HON. DEBBIE DINGELL when natural disasters strike and people are after joining the New York Police Department. OF MICHIGAN in need of aid and assistance. I’m confident A native of Brooklyn, New York and a 2008 IN THE HOUSE OF REPRESENTATIVES that both the 133rd Airlift Wing and 148th graduate of New York University, David ful- Thursday, March 3, 2016 Fighter Wing are in strong hands under Gen- filled his lifelong dream of becoming a police eral Best’s command. And I know she will officer soon after completing his degree. After Mrs. DINGELL. Mr. Speaker, I rise today to continue her strong advocacy for the brilliant, dutifully serving the people of New York for celebrate the 90th birthday of H. Marie Smith, highly trained and hardworking men and five years, David relocated to North Texas an institution in Monroe, Michigan. women of Minnesota’s National Guard. where he accepted a position with the Euless Marie Smith, or Sweet Marie as she is I ask my colleagues to join me in recog- Police Department. known by many, was born on March 1st, 1926 nizing General Sandy Best for her historic ac- David was an upstanding citizen of the com- in Monroe, Michigan, which remains her home complishment and service to our great nation. munity, and an outstanding police officer. He to this day. She married William D. Smith on is remembered as a loving son, brother, December 27th, 1947, and had four wonderful f fiance´, and hero. David’s service and dedica- children; Mark, Paul W., Brian and Alison. EXCEPTIONAL EDUCATORS tion to his neighbors, his community, and the Marie Smith has been part of the fabric of City of Euless will never be forgotten. As we the Monroe community for decades. As a memorialize David’s life within the halls of young woman, she worked in the Betrus Mar- HON. KEVIN CRAMER Congress, may we never forget his commit- ket. This market was owned and operated by OF NORTH DAKOTA ment and sacrifice for the safety and wellbeing her parents for 47 years and was considered IN THE HOUSE OF REPRESENTATIVES of our community. the ‘‘meeting place for the neighborhood’’. Thursday, March 3, 2016 Mr. Speaker, I am honored to stand here Marie lived in the building connected to the today to recognize a true hero. I ask all of my market until she married. In 1948, Marie and Mr. CRAMER. Mr. Speaker, one of the distinguished colleagues to join me in cele- her husband cofounded the Monroe Commu- greatest challenges in public education is the brating the life of Officer David Hofer. nity Players to produce theatrical productions integration of learning opportunities for excep- f for the people of Monroe and Southeast Michi- tional children. gan. To this day, the Monroe Community Play- Dedicated parents, teachers, staff and ad- IN HONOR OF JAMES KEHOE ers is still working as a nonprofit and volunteer ministrators all contribute to the success of organization to produce performances for the this effort. Today I congratulate Meredith HON. DONALD NORCROSS community. Even though ‘‘Sweet Marie’’ has Frisch, a paraprofessional at Westside Ele- OF NEW JERSEY retired, she still helps as a house manager for mentary School in West Fargo, who was rec- IN THE HOUSE OF REPRESENTATIVES the Monroe Community Players. ognized as Paraeducator of the Year by the To this day, she lives on her own, drives her North Dakota Council for Exceptional Children. Thursday, March 3, 2016 own car, is active on social media and is crit- This award recognizes individuals who work Mr. NORCROSS. Mr. Speaker, I rise today ical in keeping people connected to ensure to promote significant educational successes to congratulate James Kehoe on his recent re- they are a part of the broader community. Her for students, a commitment to continued pro- tirement as Business Manager for the Plumb- children have made her proud. Mark was a re- fessional development and the highest stand- ers & Pipefitters Local Union 322 of Winslow spected attorney in Monroe. Paul W. is known ards of educational quality. Township, New Jersey, after thirty-six years of throughout America as the voice of the Great Meredith represents well all paraeducators membership. Jim has had a lasting impact for Lakes on the number one radio station, WJR. in my state who dedicate their careers to generations to come and I would like to ap- Alison is well-known in the healthcare commu- working with exceptional students. She is plaud him for his service. nity as a senior executive with ProMedica. known for her commitment to finding the best Jim graduated from Rutgers University with H. Marie Smith has worked tirelessly to im- in all students, encouraging them to reach a degree in Business Administration in 1979 prove the quality of life for the people of Mon- above and beyond their potential all with a and then joined the Local 322 Apprenticeship roe through her support of and passion for the unique brand of compassion and humor. Program. He served his community tirelessly arts in Monroe. She continues the tradition of She is a credit to all educators throughout with the Camden County Improvement Author- one of the staple markets and community North Dakota, and our state is better because ity and the Camden County United Way. As gathering locations, serving as the glue that of her devotion to exceptional students. Vice President of the Southern New Jersey binds people. We celebrate her birthday with

VerDate Sep 11 2014 04:18 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K03MR8.011 E03MRPT1 emcdonald on DSK67QTVN1PROD with REMARKS March 3, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E275 pride and gratitude for everything she has economic developments in some of the Undeterred by Soviet oppression, the Arme- done for the good of her community. world’s poorest countries. They serve as nian community and its dedication to demo- Mr. Speaker, I ask my colleagues to join me teachers and health care providers in commu- cratic self-determination sparked a movement today to celebrate the 90th birthday of my nities that lack access to various necessities that finally helped bring an end to the dictator- friend H. Marie Smith and wish her many like food, water, education, healthcare, equal- ship of the Soviet Union. The courage dem- more years of success. ity and disease prevention. They also help our onstrated by the Armenian people of Nagorno f nation by becoming the face of America to Karabakh in demanding their rights even after those they interact with while themselves gain- all of the adversity is admirable and should MENTORSHIP PROGRAMS ing a better understanding of the culture and never be forgotten. people of other nations. Volunteers often im- Today, authoritarian leaders in Azerbaijan HON. KEVIN CRAMER merse themselves in the communities that continue to aggravate efforts by the OSCE OF NORTH DAKOTA they are sent to and play a unique role in Minsk Group to achieve lasting peace in IN THE HOUSE OF REPRESENTATIVES shaping the lives of the individuals perma- Nagorno Karabakh and the surrounding re- Thursday, March 3, 2016 nently living there. gion. This ancient Christian land has borne I want to take a moment to congratulate the witness to several crimes against humanity Mr. CRAMER. Mr. Speaker, North Dakota’s 22 residents of my congressional district who over the years, and I have hope the United exceptional quality of life has often been rec- currently serve as Peace Corps volunteers. States will take on its moral responsibility to ognized by those who live in my state and They have been deployed to South Africa, In- ensure the people of Armenia do not live in those who wish they did. donesia, Ethiopia, and Ecuador, just to name fear. The secret to this quality of life can be a few. I wish these young men and women On behalf of the thousands of Armenian found in the quality of our people, the many the best of luck as they begin to make a dif- Americans living in my congressional district, I individuals who dedicate their careers and vol- ference in the communities they have been invite my colleagues to stand with me and the unteer time to making their communities bet- deployed to. And I have no doubt that these proud people of Nagorno Karabakh in remem- ter. talented and skilled young people will make an bering the lives lost and reinvigorating our Today, I want to recognize Rebekah incredible difference as Peace Corps volun- commitment to freedom and democracy. Christensen, director of the Richland-Wilkin teers. f Kinship Program. She was presented with this I strongly support the Peace Corps. The year’s Outstanding Citizen Award by the Peace Corps represents the best of America CELEBRATING THE CAREER AND Wahpeton Breckenridge Area Chamber of and the undimmed potential of ‘‘soft power’’ ACHIEVEMENTS OF BILL BAILEY Commerce for her work as head of this pro- initiatives that help make our world a better gram. place. In the midst of poverty and through war HON. BRIAN BABIN This Richland-Wilkin Kinship Program and conflict, the Peace Corps has shown the OF TEXAS matches young people with volunteer adults. world a hopeful, uplifting side of America that IN THE HOUSE OF REPRESENTATIVES Its motto is ‘‘Mentors are ordinary people reflects our fundamental values of peace, Thursday, March 3, 2016 doing ordinary thing that produce extraordinary prosperity, and progress. The Peace Corps results.’’ This motto holds true as well with dy- will be a vital part of the U.S. diplomatic and Mr. BABIN. Mr. Speaker, I rise today to namic leaders like Rebekah, her mentor volun- development response and a sign of our na- honor a great man, and an icon of our Hous- teers and board members, and the many com- tion’s long term commitment to help alleviate ton community, retired Harris County Precinct munity members who support the program fi- suffering around the globe. 8 Constable Bill Bailey. nancially and with community engagement op- Let us work to keep this program strong and Bill Bailey has been the voice of portunities. in business for another 55 years. RodeoHouston for the past three decades. He They are all contributing to supporting f has brought unparalleled enthusiasm and young people in the Wahpeton-Breckenridge depth of expertise to his craft, honed by years area and helping them transition into success- PERSONAL EXPLANATION of experience. Bill has been involved with the ful adults. Houston Livestock Show and Rodeo for over f HON. STEVE COHEN 50 years, where he serves as both a board member and a lifetime vice president. 55TH ANNIVERSARY OF THE OF TENNESSEE IN THE HOUSE OF REPRESENTATIVES Bill’s iconic voice and announcing talent PEACE CORPS were honed by an equally prodigious career in Thursday, March 3, 2016 broadcast radio, which saw Bill inducted into HON. GWEN MOORE Mr. COHEN. Mr. Speaker, on February 12, the Country Radio Broadcasters Hall of Fame OF WISCONSIN 2016, I was unable to attend House Roll Call in 2010. Through the medium of the Houston IN THE HOUSE OF REPRESENTATIVES Vote Numbers 79 through 82. If present, I Livestock Show and Rodeo, Bill Bailey has Thursday, March 3, 2016 would have voted Yes on vote numbers 79 also been instrumental in raising millions of and 82 and voted No on vote numbers 80 and dollars for educational scholarships to benefit Ms. MOORE. Mr. Speaker, I rise today to 81. Texas area youth and to enrich countless join in the celebration of the 55th Anniversary f other worthy causes across Southeast Texas. of the Peace Corps. Let me extend my most hearty congratula- Since the program’s establishment on RECOGNIZING THE ANNIVERSARY tions to Bill Bailey as he retires from March 1st, 1961 by President John F. Ken- OF POGROMS AGAINST ARME- RodeoHouston and turns the page on another nedy, the Peace Corps has been working to NIANS chapter in his storied life. promote peace and friendship, and to help na- f tions tackle some of the most pressing chal- HON. JIM COSTA RECOGNIZING YOUNG lenges they face. As we celebrate, let’s re- OF CALIFORNIA ENTREPRENEURS member that the Peace Corps is now active in IN THE HOUSE OF REPRESENTATIVES over 130 nations and its volunteers remain committed to tackling issues such as climate Thursday, March 3, 2016 HON. KEVIN CRAMER change, pandemic disease, food security, and Mr. COSTA. Mr. Speaker, I rise today to OF NORTH DAKOTA gender inequality and empowerment. commemorate the twenty-eighth anniversary IN THE HOUSE OF REPRESENTATIVES In the 55 years since its’ founding, over of the pogroms against people of Armenian 220,000 U.S. citizens, including current Mem- descent in Sumgait, Azerbaijan. Thursday, March 3, 2016 bers of Congress, have served their nation in Peaceful demonstrations descended into Mr. CRAMER. Mr. Speaker, North Dakota’s the Peace Corps. And many more are eager chaos when Azerbaijani rioters attacked Arme- research universities are nurturing bright stu- to serve. In 2015, the Peace Corps received nian men and women advocating for democ- dents in a variety of programs that encourage its highest number of applications (over racy on February 27, 1988. After three days of them to learn, grow, innovate and even 23,000) since 1975. unspeakable violence, hundreds of Armenians change the world. Peace Corps volunteers go abroad for de- lost their lives and thousands more no longer Today, I congratulate North Dakota State ployments of 2 years aid in the social and had a place to call home. University student Andrew Dalman, a graduate

VerDate Sep 11 2014 04:18 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MR8.010 E03MRPT1 emcdonald on DSK67QTVN1PROD with REMARKS E276 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 2016 student in the mechanical engineering pro- American culture, the history of North Caro- Bishop Davis is the son of the late Mother gram. He has been recognized by the U.S. lina, and has contributed to the overall suc- Dorothy Lynch, the late Reverend Sam Davis Society of Manufacturing Engineering as one cess of American higher education. and Mother Alma Davis. He is married to his of the ‘‘30 under 30 Brightest Manufacturing For well over a century, ECSU has lived up partner in ministry, Arelis Beevers Davis. They Engineers.’’ And again, Forbes magazine has to its motto ‘‘To Live is to Learn’’ by producing are the proud parents of Dr. Nicole Davis put Andrew on its list of ‘‘30 Under 30 in Man- lifelong learners and affording generations of Pass and Damarys Monique Burnett; and the ufacturing and Engineering in 2016.’’ North Carolinians with the tools necessary to proud grandparents of Patrick James Pass, Andy has helped develop an affordable 3D- be leaders in our global society. Ashton James Pass, Baron Christopher printed prosthetic arm for children. He was on Mr. Speaker, I ask my colleagues to join me Valentino Burnett and Noel Olivia Burnett. an NDSU team designing a new shape and in recognizing and congratulating Elizabeth type of ceramic dental implant. Now he is fo- City State University for 125 years of serving Bishop Davis attended both public and pri- cusing on an advanced bone technology and educating African Americans seeking vate schools in Alabama and received the call project to make medical testing cheaper, safer higher education in my state. to ministry at age 12. Bishop Davis is a grad- and more ethical. f uate of Morris Brown College in Atlanta, Geor- The talents of young entrepreneurs and gia where he earned his Bachelor of Science innovators like Andy bring hope and promise RECOGNIZING DAN EARL JONES degree and later matriculated at Turner Theo- to our world as they focus their bright minds logical Seminary where he earned his Master on some of the greatest challenges and op- HON. JOE WILSON of Divinity degree. He also received a Doc- portunities facing us today. This is the highest OF SOUTH CAROLINA torate of Ministry degree from the Interdenomi- calling of our state’s higher education system, IN THE HOUSE OF REPRESENTATIVES national Theological Center in Atlanta, Geor- especially our outstanding research univer- Thursday, March 3, 2016 gia. Bishop Davis’ leadership roles have in- sities, and I commend all who are part of it. Mr. WILSON of South Carolina. Mr. Speak- cluded the 123rd Bishop in the African Meth- f er, I am happy to congratulate Dan Earl odist Episcopal Church. He was appointed to IN RECOGNITION OF ELIZABETH Jones, Chairman of the South Carolina Cable the 19th Episcopal District which encom- CITY STATE UNIVERSITY’S 125TH Television Association from 2015–2016 and passed the Republic of South Africa. Bishop ANNIVERSARY Vice President of Government Relations and Davis furthered the legacy of self-help and Time Warner Cable of South Carolina, on his self-reliance through his ministry during his HON. G. K. BUTTERFIELD upcoming retirement. time living on the continent of Africa from 2004 In over 30 years as a community advocate to 2008. OF NORTH CAROLINA in the state of South Carolina, Dan has IN THE HOUSE OF REPRESENTATIVES Bishop Davis has preached and taught for achieved an exemplary and successful career. over 45 years and has served the African Thursday, March 3, 2016 He has served with numerous organizations Methodist church and community faithfully. His including the South Carolina Chamber of Mr. BUTTERFIELD. Mr. Speaker, it is with exemplary work and commitment to his call Commerce, the Columbia and Charleston Op- great pride that I rise in recognition of the has earned the respect and admiration of fel- timist Clubs, the Brookland-Cayce High School 125th Anniversary of Elizabeth City State Uni- low ministers, church members, government Education Foundation, and the Lexington versity—a public, historically black college in leaders and our community. North Carolina’s First Congressional District. Medical Center Board of Directors. A graduate On March 3, 1891, Representative Hugh of Charleston Southern University, he also It was under the leadership of Bishop Davis Cale, an African American member of the currently serves on its Board of Visitors. I am that the 9th Episcopal District was able to pur- North Carolina General Assembly from grateful for his admirable service and dedica- chase and renovate the District Headquarters Pasquotank County sponsored House Bill 383, tion to the community. located in downtown Birmingham, AL. It took which established a normal school to train Af- While having the opportunity to serve in the only twenty-five months for the District to cele- rican Americans to become primary school South Carolina Senate and now Congress re- brate burning their mortgage while reporting teachers. Dr. Peter W. Moore, a former slave, ceiving briefings from Dan, I always could $1.8 million in budget assessments and were served as the school’s first Principal, and then count on his integrity and honesty. able to donate over $60,000 to local churches President until his retirement in 1928. f in need. Dr. John Henry Bias became the school’s PERSONAL EXPLANATION Bishop Davis continues to demonstrate an second president in 1928 and was responsible exemplary commitment to community service for spearheading efforts to implement a bacca- through his work as the chair of the Board of laureate program. In 1937, the school’s name HON. ROSA L. DeLAURO Directors for the Daniel Payne College where was officially changed to Elizabeth City State OF CONNECTICUT he promoted his remarkable vision for its prop- Teachers College after receiving approval IN THE HOUSE OF REPRESENTATIVES erty which could help generate funds for the from state officials to become a four year Thursday, March 3, 2016 church. Under his leadership, The Daniel school. The first Bachelor of Science degrees Ms. DELAURO. Mr. Speaker, I was unavoid- Payne College Foundation, Inc. of the 9th in Elementary Education were awarded in ably detained and so I missed Roll Call vote 1939. Episcopal District was able to purchase the number 105 regarding the ‘‘Ensuring Removal Daniel Payne Middle School making this the In 1963, the school’s name was changed to of Terminated Providers from Medicaid and Elizabeth City State College and was ulti- largest property owned by an African Amer- CHIP Act’’ (H.R. 3716). Had I been present, I ican institution in the State of Alabama. mately named Elizabeth City State University would have voted ‘‘Yes’’. in 1969 when the school began awarding f On a personal note, Bishop Davis has moti- graduate degrees. When the University of vated and inspired me to utilize my gifts and North Carolina System was formed in 1972, TRIBUTE TO BISHOP JAMES L. talents in planting and reaping and sowing Elizabeth City State University was one of the DAVIS good seeds throughout Alabama’s 7th Con- 16 public institutions to be granted member- gressional District. I want to thank him for his ship. HON. TERRI A. SEWELL continued support and encouragement as we Nearly 2,500 students attend ECSU. The OF ALABAMA both seek to serve God’s people for the ad- university now offers 28 undergraduate de- IN THE HOUSE OF REPRESENTATIVES vancement of a better world. grees and 4 graduate programs of study in fields like aviation, natural sciences, arts, Thursday, March 3, 2016 On behalf of the 7th Congressional District, mathematics, business, and economics. The Ms. SEWELL of Alabama. Mr. Speaker, I the State of Alabama and this nation, I ask my ECSU Vikings compete in the Central Inter- rise today to honor a fifth generation African colleagues to join me in celebrating the ac- collegiate Athletic Association (CIAA) Division Methodist Episcopal minister, Presiding Prel- complishments of Bishop James Levert Davis. II and have produced many star athletes over ate, Bishop James Levert Davis on the end of We pay tribute to his distinguished career and the years. his outstanding tenure as the Presiding Prel- contributions for the betterment of the State of Elizabeth City State University, like many ate of the 9th African Methodist Episcopal Dis- Alabama and extend deep appreciation for his other Historically Black Colleges and Univer- trict and for his dedicated and distinguished exemplary service as the Presiding Prelate of sities, has played an important part in African service to the State of Alabama. the 9th Episcopal District.

VerDate Sep 11 2014 04:18 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A03MR8.016 E03MRPT1 emcdonald on DSK67QTVN1PROD with REMARKS March 3, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E277 PERSONAL EXPLANATION Since 2013, over 5 dozen non-profit organiza- ican businesses and raised awareness and tions participating in the program have con- appreciation for Filipino culture and cuisine in HON. JOHN B. LARSON ducted over 80 cleanups to help the environ- Southern California. She started initiatives in OF CONNECTICUT ment and in turn help their individual organiza- the community to promote the advantages of IN THE HOUSE OF REPRESENTATIVES tions carry out their missions. green technology, health, and conservation I thank Matson Guam for their service to the both in business and everyday life. She was Thursday, March 3, 2016 island and region over the last two decades. co-founder and director emeritus of the Filipino Mr. LARSON of Connecticut. Mr. Speaker, I congratulate Matson Guam on its 20th anni- American Chamber of Commerce of Orange on March 2, 2016—I was not present for roll versary and commend the company’s leader- County where she encouraged young entre- call vote 105. If I had been present for this ship and employees for their contributions to preneurship, and was also actively involved in vote, I would have voted: ‘‘yea’’ on roll call the people of Guam and communities through- the Asian Business Association of Orange vote 105. out the region. I look forward to their future County. Atty. Sarno will be deeply missed by f contributions and success. her family, friends, and our community. RECOGNIZING AND CONGRATU- f f LATING MATSON GUAM ON ITS COMMEMORATING THE 100TH ANNI- HONORING LIEUTENANT COLONEL 20TH ANNIVERSARY OF SERVICE VERSARY OF MASON COUNTY CINDI FELDWISCH ON GUAM FARM BUREAU HON. MICHELLE LUJAN GRISHAM HON. MADELEINE Z. BORDALLO HON. DARIN LaHOOD OF NEW MEXICO OF GUAM OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Thursday, March 3, 2016 Thursday, March 3, 2016 Thursday, March 3, 2016 Ms. MICHELLE LUJAN GRISHAM of New Ms. BORDALLO. Mr. Speaker, I rise today Mr. LAHOOD. Mr. Speaker, I would like to Mexico. Mr. Speaker, I rise today to honor to recognize and congratulate Matson Guam honor a remarkable organization, the Mason Lieutenant Colonel Cindi Feldwisch, a cham- as the company celebrates its 20th anniver- County Farm Bureau. The Mason County pion of women’s rights who served her country sary of business and service to the people of Farm Bureau from Central Illinois is an integral with distinction as one of the ‘‘First Five’’ Guam. Matson Guam began operations on organization that promotes agricultural pros- women in the United States Air Force Honor February 1, 1996, during which it has provided perity. After many years of success and serv- Guard (USAFHG). continuous and uninterrupted service to ice, the Mason County Farm Bureau is cele- When Lt. Col. Feldwisch entered uniformed Guam. Matson Guam has also made strong brating their 100th anniversary. service in 1975, women did not serve in the partnerships and provides services to neigh- Mason County Farm Bureau was chartered USAFHG. This elite ceremonial unit in the boring islands in the Pacific, including the on February 16, 1916 by local farmers inter- United States Air Force (USAF) is charged Northern Mariana Islands, Federated States of ested in promoting agriculture on a local, with representing the USAF at all public and Micronesia, Republic of Palau and Republic of state, and national level. Today, the group has official ceremonies in the National Capital Re- the Marshall Islands. Matson Guam also over 1,500 members supporting the agrarian gion. These ceremonies include funerals for served as the only U.S. carrier servicing community and economy throughout the coun- deceased USAF personnel, occasions for vis- Guam and Micronesia from 2011 to 2015. ty. iting dignitaries and military officials, wreath- Matson Guam is a part of a global company Not only does Mason County Farm Bureau laying at the Tomb of the Unknowns, and founded in 1882 which began carrying food focus on agricultural issues, but they have ef- White House arrival ceremonies. In 1973, the and supplies from California to Hawaii. Today, fectively established committees for young Assistant Secretary of Defense for Legislative Matson is a diversified company whose pri- leaders involved in agriculture. These commit- Affairs had issued a memorandum instructing mary interest is in carrying freight between the tees include initiatives like Farm Safety Day, the USAF to incorporate women into the Pacific Coast and Hawaii. Matson is the lead- Young Leaders Conference, and Farm Bureau USAFHG. ing U.S. carrier in the Pacific and provides a scholarships. Programs like these greatly In 1976 a new training program began with vital lifeline to the economies of many Pacific serve the community by ensuring that today’s the intention of integrating women into the islands. young aspiring farmers effectively, safely and USAFHG. Lt. Col. Feldwisch and four com- In addition to Matson Guam’s shipping and efficiently grow a better quality and more rades defied expectations and, in the words of logistics services in the region, Matson Guam abundant crop for future generations. their commanding officer, Captain Marcel also makes many contributions to the local Ilinois has become a major economic force Mayer, ‘‘they not only survived the training, community and throughout Micronesia through within the agricultural sector because of farm they excelled.’’ On July 15, 1976, Lt. Col. the Matson Foundation. In 2016 alone, the bureaus like Mason County that come to- Feldwisch along with Teresa Brown, Margaret Matson Foundation is estimated to have con- gether and enhance opportunities for local Jones, Madelyn Ritz, and Elizabeth Root grad- tributed over $200,000 to local causes. Addi- farmers, their families, and the community as uated and became the first female members tionally, Matson Guam is a key sponsor for the a whole. I extend my sincere congratulations of the USAFHG. Collectively, they are known Festival of the Pacific Arts that will take place to Mason County Farm Bureau for their out- in the USAFHG as the ‘‘First Five.’’ in Guam this summer. As part of the partner- standing accomplishments and contributions to Nevertheless, the First Five still endured ship, Matson Guam recently shipped a Illinois. I hope the organization continues to discrimination and sexism. For example, the Sakman canoe, a traditional Chamorro fishing grow and prosper for the next one hundred First Five were not initially allowed to carry M– boat from San Diego, California to Guam. The years. 1 rifles in ceremonies because of a ban pro- Sakman symbolizes the tie between the com- f hibiting women from participating in combat. It pany’s shipping operations and Guam’s sea- would have been easy to accept this second faring heritage. HONORING THE PASSING OF ATTY. rate status, but Lt. Col. Feldwisch and the Matson Guam is also committed to environ- LINDA SARNO other female members of USAFHG refused. In mentally friendly initiatives aimed at protecting 1977 they penned a letter to First Lady, and preserving the natural resources of the re- HON. EDWARD R. ROYCE Rosalynn Carter, who issued a statement in gion. As part of this commitment, Matson OF CALIFORNIA their support. By January 1978, there was a Guam leads an environmental and community IN THE HOUSE OF REPRESENTATIVES change in policy allowing women to participate relations program called Adahi I Tano’ which in all ceremonies with their M–1s. translates to ‘‘taking care of our island.’’ The Thursday, March 3, 2016 Lt. Col. Feldwisch went on to serve four company donates the use of container equip- Mr. ROYCE. Mr. Speaker, I would like to years of active duty in the USAFHG. After re- ment on Guam for environmental cleanup recognize the passing of community activist ceiving her Bachelor of Science at the Univer- projects arranged by non-profit organizations, and civic and religious leader, Atty. Linda sity of Northern Colorado, she returned to duty and pays for trucking expenses for the deliv- Sarno, who passed away on February 1, as an enlisted member of the Colorado Air ery and pickup of the containers. Matson also 2016. Atty. Sarno was a beloved community National Guard, earning her commission as a awards these non-profit organizations a $500 organizer and leader who supported the devel- Second Lieutenant, in 1991. She has risen contribution for each successful cleanup. opment and professionalism of Filipino Amer- through the ranks, and in 2006 she became a

VerDate Sep 11 2014 04:18 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MR8.021 E03MRPT1 emcdonald on DSK67QTVN1PROD with REMARKS E278 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 2016 Lieutenant Colonel. From November 2000–Oc- IN RECOGNITION OF HOWARD P. Peace several times during the 1940s. Each tober 2003, Lt. Col. Feldwisch served three DREW of these positions was the first to be held by years of active duty at the Air Force Safety an African American in the State of Con- Center in Kirtland, New Mexico. From July– HON. RICHARD E. NEAL necticut. October 2004, she deployed overseas and OF MASSACHUSETTS Mr. Speaker, as Springfield celebrates his legacy, let us remember all of Howard P. served in Baghdad. Currently, Lt. Col. IN THE HOUSE OF REPRESENTATIVES Drew’s outstanding achievements, as we re- Feldwisch is the Executive Officer for the As- Thursday, March 3, 2016 call his legacy as a role model for today’s high sistant Adjutant General, Joint Force Head- Mr. NEAL. Mr. Speaker, I want to take this school athletes and students all over the coun- quarters, New Mexico National Guard, Kirtland opportunity to recognize one of Springfield’s try. Air Force Base, New Mexico. most famous residents, Olympic athlete and f Col. Feldwisch is a highly decorated officer scholar Howard P. Drew. and has received numerous awards and deco- Howard was born on June 28, 1890 in Lex- HONORING MRS. MARIAN KRUPICKA rations for her service to her country. These ington, Virginia but was raised in Springfield, include the Meritorious Service Medal, the Massachusetts. As a high school student at Joint Service Commendation Medal, the Air Springfield High School, Howard tied the world HON. BILL FOSTER record for the 100 meter dash to qualify for Force Commendation Medal, the Air Force OF ILLINOIS the 1912 Olympics in Stockholm, Sweden. IN THE HOUSE OF REPRESENTATIVES Achievement Medal, the National Defense Later, as a student at the University of South- Service Medal, the Global War on Terrorism ern California, he broke the record for the 100 Thursday, March 3, 2016 Expeditionary Medal, the Global War on Ter- meter and 200 meter dash. Despite having Mr. FOSTER. Mr. Speaker, I rise today to rorism Service Medal, and the United Nations many personal problems, he persevered and honor Marian Krupicka as Darien, Illinois’ Cit- Medal. was able to travel to participate in an array of izen of the Year 2016. Our military has undertaken tremendous ad- competitions. Howard won numerous medals Mrs. Krupicka first began her support of vancements since Lt. Col. Feldwisch entered throughout the Northeast, especially in Massa- public libraries in 1978 by volunteering with chusetts. His triumphs in track and field were the Darien Library, which at that time was the USAFHG. Indeed, women can now serve covered by every major newspaper including housed in a bus. What started as a small book alongside men in combat, something that was the Boston Globe and the New York Times. mobile in a parking lot in Darien in 1978 has hard to imagine when Lt. Col. Feldwisch en- During his time at University of Southern grown to the renowned award winning Indian tered the service. She was influential in ex- California, Howard was the first African-Amer- Prairie Public Library thanks to Mrs. Krupicka panding women’s rights in the military and has ican man to write for USC’s newspaper, titled and her perseverance to achieve the best. paved the way for future generations of the Daily Southern Californian, as well as Mrs. Krupicka’s contribution to the Darien women to serve their country with distinction. being the first African-American man inducted community doesn’t stop at her library service; Lt. Col. Feldwisch and the other members of into the Skull and Dagger Society, an exclu- she also dedicated 30 years of her life to edu- sive academic club at USC. Before finishing cating students. She was a Language Arts the First Five who bravely entered the his education, Howard enlisted and became a and Social Studies teacher at Eisenhower USAFHG in 1976 are role models for all Sergeant in the Supply Company, 809th Pio- High School. During her teaching career, she women and girls. Lt. Col. Feldwisch dem- neer Infantry Regiment, and the Eighty-Eighth touched many students’ hearts through her onstrated that nothing is impossible so long as Division of the United States Army during ‘‘not one size fits all’’ teaching philosophy. you are not willing to take no for an answer. World War I, and during that time, he ran and Mr. Speaker, I ask my colleagues to join me For this and her years of service I honor her coached the Army track teams in Neil, France. in congratulating Mrs. Krupicka for being today. Once leaving the Army and finishing law named Darien’s Citizen of the Year and thank school, he became a judge in Hartford, Con- her for the time, service, and commitment she necticut and was elected to Justice of the has given to our community.

VerDate Sep 11 2014 04:18 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MR8.025 E03MRPT1 emcdonald on DSK67QTVN1PROD with REMARKS Thursday, March 3, 2016 Daily Digest Senate in accordance with the provisions of rule XXII of Chamber Action the Standing Rules of the Senate, and pursuant to Routine Proceedings, pages S1243–S1297 the unanimous-consent agreement of Thursday, Measures Introduced: Twenty-one bills and six res- March 3, 2016, a vote on cloture will occur at 5:30 olutions were introduced, as follows: S. 2622–2642, p.m. on Monday, March 7, 2016. Page S1273 and S. Res. 385–390. Pages S1277–78 A motion was entered to close further debate on Measures Passed: the bill, and, in accordance with the provisions of rule XXII of the Standing Rules of the Senate, a SAFE PIPES Act: Senate passed S. 2276, to vote on cloture will occur upon disposition of Grass- amend title 49, United States Code, to provide en- ley Amendment No. 3378. Page S1273 hanced safety in pipeline transportation, after with- A unanimous-consent agreement was reached pro- drawing the committee amendment in the nature of a substitute, and agreeing to the following amend- viding that the filing deadline for first-degree amendments to Grassley Amendment No. 3378, and ment proposed thereto: Page S1292 McConnell (for Fischer) Amendment No. 3427, in to the bill, be at 3:30 p.m., on Monday, March 7, 2016. Page S1273 the nature of a substitute. Page S1296 A unanimous-consent agreement was reached pro- World Lymphedema Day: Senate agreed to S. viding that at 4 p.m., on Monday, March 7, 2016, Res. 389, designating March 6, 2016, as the first Senate resume consideration of the bill. Page S1273 annual ‘‘World Lymphedema Day’’. Page S1296 Nominations Received: Senate received the fol- World Wildlife Day: Senate agreed to S. Res. lowing nominations: 390, designating March 3, 2016 as ‘‘World Wildlife Susan Louise Castaneda, of California, to be a Day’’. Page S1296 Member of the Board of Directors of the National Measures Considered: Association of Registered Agents and Brokers for a Comprehensive Addiction and Recovery Act— term of one year. Agreement: Senate continued consideration of S. Roberto R. Herencia, of Illinois, to be a Member 524, to authorize the Attorney General to award of the Board of Directors of the Overseas Private In- grants to address the national epidemics of prescrip- vestment Corporation for a term expiring December tion opioid abuse and heroin use, taking action on 17, 2018. the following amendments proposed thereto: Christopher James Brummer, of the District of Pages S1245–73 Columbia, to be a Commissioner of the Commodity Adopted: Futures Trading Commission for the remainder of By a unanimous vote of 90 yeas (Vote No. 31), the term expiring June 19, 2016. Manchin Amendment No. 3420 (to Amendment Christopher James Brummer, of the District of No. 3378), to strengthen consumer education about Columbia, to be a Commissioner of the Commodity the risks of opioid abuse and addiction. Page S1263 Futures Trading Commission for a term expiring Pending: June 19, 2021. Grassley Amendment No. 3378, in the nature of Brian D. Quintenz, of the District of Columbia, a substitute. Page S1245 to be a Commissioner of the Commodity Futures Grassley (for Donnelly/Capito) Modified Amend- Trading Commission for a term expiring April 13, ment No. 3374 (to Amendment No. 3378), to pro- 2020. vide follow-up services to individuals who have re- Routine lists in the Army and Navy. Page S1296 ceived opioid overdose reversal drugs. Page S1245 A motion was entered to close further debate on Nominations Withdrawn: Senate received notifica- Grassley Amendment No. 3378 (listed above), and, tion of withdrawal of the following nominations: D213

VerDate Sep 11 2014 02:36 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D03MR6.REC D03MRPT1 emcdonald on DSK67QTVN1PROD with DIGEST D214 CONGRESSIONAL RECORD — DAILY DIGEST March 3, 2016 Therese W. McMillan, of California, to be Federal APPROPRIATIONS: DEPARTMENT OF Transit Administrator, which was sent to the Senate COMMERCE on January 8, 2015. Committee on Appropriations: Subcommittee on Com- Cassandra Q. Butts, of the District of Columbia, merce, Justice, Science, and Related Agencies con- to be a Representative of the United States of Amer- cluded a hearing to examine proposed budget esti- ica to the Seventieth Session of the General Assem- mates and justification for fiscal year 2017 for the bly of the United Nations, which was sent to the Department of Commerce, after receiving testimony Senate on September 10, 2015. from Penny Pritzker, Secretary of Commerce. Barbara Lee, of California, to be a Representative of the United States of America to the Seventieth APPROPRIATIONS: VETERANS HEALTH Session of the General Assembly of the United Na- ADMINISTRATION AND VETERANS tions, which was sent to the Senate on September BENEFITS ADMINISTRATION 10, 2015. Committee on Appropriations: Subcommittee on Mili- Christopher H. Smith, of New Jersey, to be a tary Construction and Veterans Affairs, and Related Representative of the United States of America to Agencies concluded a hearing to examine proposed the Seventieth Session of the General Assembly of budget estimates and justification for fiscal year the United Nations, which was sent to the Senate on 2017 and fiscal year 2018 for the Veterans Health September 10, 2015. Pages S1296–97 Administration and Veterans Benefits Administra- tion, after receiving testimony from David J. Messages from the House: Page S1276 Shulkin, Under Secretary for Health, Veterans Measures Referred: Page S1276 Health Administration, and Danny G. I. Pummill, Executive Communications: Pages S1276–77 Acting Under Secretary for Benefits, Veterans Bene- fits Administration, both of the Department of Vet- Petitions and Memorials: Page S1277 erans Affairs. Executive Reports of Committees: Page S1277 DEFENSE AUTHORIZATION REQUEST AND Additional Cosponsors: Pages S1278–79 FUTURE YEARS DEFENSE PROGRAM Statements on Introduced Bills/Resolutions: Committee on Armed Services: Committee concluded a Pages S1279–84 hearing to examine the posture of the Department of Additional Statements: Pages S1274–75 the Air Force in review of the Defense Authorization Amendments Submitted: Pages S1284–92 Request for fiscal year 2017 and the Future Years Defense Program, after receiving testimony from Authorities for Committees to Meet: Page S1292 Deborah Lee James, Secretary, and General Mark A. Record Votes: One record vote was taken today. Welsh III, USAF, Chief of Staff, both of the Depart- (Total—31) Page S1263 ment of the Air Force, Department of Defense. Adjournment: Senate convened at 9:30 a.m. and REGULATORY REFORMS adjourned at 6:13 p.m., until 3 p.m. on Monday, Committee on Banking, Housing, and Urban Affairs: March 7, 2016. (For Senate’s program, see the re- Subcommittee on Securities, Insurance, and Invest- marks of the Majority Leader in today’s Record on ment concluded a hearing to examine regulatory re- page S1296.) forms to improve equity market structure, after re- ceiving testimony from Stephen Luparello, Director, Division of Trading and Markets, Securities and Ex- Committee Meetings change Commission; and Richard G. Ketchum, Fi- (Committees not listed did not meet) nancial Industry Regulatory Authority, Washington, D.C. APPROPRIATIONS: DEPARTMENT OF BUSINESS MEETING HEALTH AND HUMAN SERVICES Committee on Commerce, Science, and Transportation: Committee on Appropriations: Subcommittee on Depart- Committee ordered favorably reported the following ments of Labor, Health and Human Services, and business items: Education, and Related Agencies concluded a hear- S. 2555, to provide opportunities for broadband ing to examine proposed budget estimates and jus- investment, with an amendment in the nature of a tification for fiscal year 2017 for the Department of substitute; and Health and Human Services, after receiving testi- The nominations of Thomas F. Scott Darling, III, mony from Sylvia Burwell, Secretary of Health and of Massachusetts, to be Administrator of the Federal Human Services. Motor Carrier Safety Administration, Department of

VerDate Sep 11 2014 02:36 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D03MR6.REC D03MRPT1 emcdonald on DSK67QTVN1PROD with DIGEST March 3, 2016 CONGRESSIONAL RECORD — DAILY DIGEST D215 Transportation, Daniel B. Maffei, of New York, to berly Hutchinson, Deputy Assistant Administrator, be a Federal Maritime Commissioner, and routine Office of Training and Development, and Doug lists in the Coast Guard. Timberlake, Transportation Security Inspector, both DEPARTMENT OF ENERGY BUDGET of the Transportation Security Administration, and Damian Montes, Director, Canine Training Program, Committee on Energy and Natural Resources: Committee Office of Training and Development, Patrick concluded a hearing to examine the President’s pro- Dowling, Officer/Instructor, and Jennifer Jones, Ag- posed budget request for fiscal year 2017 for the De- riculture Specialist, each of Customs and Border Pro- partment of Energy, after receiving testimony from tection, all of the Department of Homeland Security; Ernest Moniz, Secretary of Energy. Jennifer Grover, Director, Homeland Security and FREE TRADE AGREEMENT Justice, Government Accountability Office; and Cyn- IMPLEMENTATION thia M. Otto, University of Pennsylvania Penn Vet Committee on Finance: Committee concluded a hearing Working Dog Center, Philadelphia. to examine free trade agreement implementation, fo- FEDERAL FISHERIES MANAGEMENT cusing on lessons from the past, after receiving testi- Committee on Small Business and Entrepreneurship: Com- mony from Sean P. Murphy, Qualcomm Incor- mittee concluded a hearing to examine the impacts porated, San Diego, California; Steven Tepp, Sentinel of Federal fisheries management on small businesses, Worldwide, Vienna, Virginia; and Glenn Prickett, including H.R. 3094, to amend the Magnuson-Ste- The Nature Conservancy, and Jim Mulhern, Na- vens Fishery Conservation and Management Act to tional Milk Producers Federation, both of Arlington, transfer to States the authority to manage red snap- Virginia. per fisheries in the Gulf of Mexico, after receiving LIBYA testimony from Representative Garret Graves; Pam- Committee on Foreign Relations: Committee concluded ela W. Anderson, Capt. Anderson’s Marina, Panama a hearing to examine the path forward in Libya, after City Beach, Florida; Hughes Andry, Sportco Mar- receiving testimony from Frederic Wehrey, Carnegie keting, Richmond, Texas; Brad Gentner, Gentner Endowment for International Peace Middle East Pro- Consulting Group, Tucson, Arizona; James Hayward, gram, and Claudia Gazzini, International Crisis XI Northeast Fishery Sector, Portsmouth, New Group, both of Washington, D.C. Hampshire; and Joshua B. Wiersma, Environmental Defense Fund, Boston, Massachusetts. DHS CANINE PROGRAMS Committee on Homeland Security and Governmental Af- INTELLIGENCE fairs: Committee concluded a hearing to examine the Select Committee on Intelligence: Committee met in dogs of the Department of Homeland Security, fo- closed session to receive a briefing on certain intel- cusing on how canine programs contribute to home- ligence matters from officials of the intelligence land security, after receiving testimony from Kim- community. h House of Representatives Blocking Regulatory Interference from Closing Chamber Action Kilns Act of 2016: The House passed H.R. 4557, Public Bills and Resolutions Introduced: 38 pub- to allow for judicial review of any final rule address- lic bills, H.R. 4677–4714; and 4 resolutions, H.J. ing national emission standards for hazardous air Res. 85; H. Con. Res. 123; and H. Res. 636–637 pollutants for brick and structural clay products or were introduced. Pages H1142–45 for clay ceramics manufacturing before requiring Additional Cosponsors: Pages H1145–46 compliance with such rule, by a yea-and-nay vote of 238 yeas to 163 nays, Roll No. 109. Reports Filed: There were no reports filed today. Pages H1121–28, H1129–34 Journal: The House agreed to the Speaker’s approval H. Res. 635, the rule providing for consideration of the Journal by recorded vote of 217 ayes to 154 of the bill (H.R. 4557) was agreed to by a recorded noes with one answering ‘‘present’’, Roll No. 110. vote of 235 ayes to 173 noes, Roll No. 107, after Pages H1134–35

VerDate Sep 11 2014 02:36 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D03MR6.REC D03MRPT1 emcdonald on DSK67QTVN1PROD with DIGEST D216 CONGRESSIONAL RECORD — DAILY DIGEST March 3, 2016 the previous question was ordered by a yea-and-nay Secretary of the Army, Installations, Energy and En- vote of 233 yeas to 174 nays, Roll No. 106. vironment; Dennis V. McGinn, Assistant Secretary of Pages H1127–28 the Navy, Energy, Installations and Environment; Suspension-Proceedings Resumed: The House and Miranda A. A. Ballentine, Assistant Secretary of agreed to suspend the rules and pass the following the Air Force, Installations, Environment and En- measure which was debated on Tuesday, March 1st: ergy. Designating the facility of the United States APPROPRIATIONS—ARMY Postal Service located at 99 West 2nd Street in Committee on Appropriations: Subcommittee on Defense Fond du Lac, Wisconsin, as the Lieutenant Colonel held a budget hearing on the Army. Testimony was James ‘‘Maggie’’ Megellas Post Office: S. 1826, to heard from Patrick Murphy, Acting Secretary, U.S. designate the facility of the United States Postal Army; and General Mark A. Milley, Chief of Staff, Service located at 99 West 2nd Street in Fond du U.S. Army. Lac, Wisconsin, as the Lieutenant Colonel James APPROPRIATIONS—COAST GUARD ‘‘Maggie’’ Megellas Post Office, by a 2⁄3 yea-and-nay vote of 406 yeas to 1 nay, Roll No. 108. Committee on Appropriations: Subcommittee on Home- Pages H1128–29 land Security held a budget hearing on the Coast Guard. Testimony was heard from Paul F. Zukunft, Meeting Hour: Agreed by unanimous consent that Commandant, U.S. Coast Guard. when the House adjourns today, it adjourn to meet at 4 p.m. on Monday, March 7th. Page H1135 APPROPRIATIONS—BUREAU OF LAND MANAGEMENT Congressional Advisors on Trade Policy and Ne- gotiations—Appointment: The Chair announced Committee on Appropriations: Subcommittee on Inte- the Speaker’s appointment of the following Members rior, Environment, and Related Agencies held a on the part of the House as Congressional Advisors budget hearing on Bureau of Land Management. on Trade Policy and Negotiations: Representatives Testimony was heard from Neil Kornze, Director, Brady (TX), Reichert, and Nunes. Page H1141 Bureau of Land Management. Quorum Calls—Votes: Three yea-and-nay votes APPROPRIATIONS—DEPARTMENT OF and two recorded votes developed during the pro- AGRICULTURE, MARKETING AND ceedings of today and appear on pages H1127–28, REGULATORY PROGRAMS H1128, H1129, H1133–34 and H1134–35. There Committee on Appropriations: Subcommittee on Agri- were no quorum calls. culture, Rural Development, Food and Drug Admin- Adjournment: The House met at 9 a.m. and ad- istration, and Related Agencies held a budget hear- journed at 12:54 p.m. ing on Department of Agriculture, Marketing and Regulatory Programs. Testimony was heard from Ed Avalos, Under Secretary, Marketing and Regulatory Committee Meetings Programs; Kevin Shea, Administrator, Animal and APPROPRIATIONS—OFFICE OF SURFACE Plant Health Inspection Service; Elanor Starmer, MINING RECLAMATION AND Acting Administrator, Agriculture Marketing Serv- ENFORCEMENT ice; Larry Mitchell, Administrator, Grain Inspection, Packers and Stockyards Administration; and Michael Committee on Appropriations: Subcommittee on Inte- Young, Budget Officer, Department of Agriculture. rior, Environment, and Related Agencies held a budget hearing on Office of Surface Mining Rec- NATIONAL AERONAUTICS AND SPACE lamation and Enforcement. Testimony was heard ADMINISTRATION, OCEAN WORLDS from Joseph Pizarchik, Director, Office of Surface Committee on Appropriations: Subcommittee on Com- Mining Reclamation and Enforcement. merce, Justice, Science, and Related Agencies held APPROPRIATIONS—INSTALLATIONS, an oversight hearing on National Aeronautics and ENVIRONMENT, ENERGY AND BRAC Space Administration, Ocean Worlds. Testimony was heard from Charles Elachi, Director, Jet Propulsion Committee on Appropriations: Subcommittee on Mili- Lab; and a public witness. tary Construction, Veterans Affairs, and Related Agencies held a budget hearing on Installations, En- THE MARINE CORPS 2017 OPERATION AND vironment, Energy and BRAC. Testimony was heard MAINTENANCE BUDGET REQUEST AND from Pete Potochney, performing the duties of As- READINESS POSTURE sistant Secretary of Defense, Energy, Installations and Committee On Armed Services: Subcommittee on Readi- Environment; Katherine G. Hammack, Assistant ness held a hearing entitled ‘‘The Marine Corps

VerDate Sep 11 2014 02:36 Mar 04, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D03MR6.REC D03MRPT1 emcdonald on DSK67QTVN1PROD with DIGEST March 3, 2016 CONGRESSIONAL RECORD — DAILY DIGEST D217 2017 Operation and Maintenance Budget Request and Readiness Posture’’. Testimony was heard from Joint Meetings General John M. Paxton, Jr., USMC, Assistant Com- VETERANS SERVICE ORGANIZATIONS mandant of the Marine Corps; Lieutenant General LEGISLATIVE PRESENTATIONS Glenn M. Walters, USMC, Deputy Commandant for Committee on Veterans’ Affairs: Senate Committee con- Programs and Resources, U.S. Marine Corps; and cluded a joint hearing with the House Committee Major General Vincent A. Coglianese, USMC, As- on Veterans’ Affairs to examine the legislative pres- sistant Deputy Commandant for Installations and entation of multiple Veterans Service Organizations, Logistics (Plans), U.S. Marine Corps. after receiving testimony from Robert D. Stamper, DISRUPTER SERIES: WEARABLE DEVICES Blinded Veterans Association, Hayden, Idaho; Chris Committee on Energy and Commerce: Subcommittee on Kinnard, Gold Star Wives of America, Inc., Colo- Commerce, Manufacturing, and Trade held a hearing rado Springs, Colorado; Marsha Four, Vietnam Vet- entitled ‘‘Disrupter Series: Wearable Devices’’. Testi- erans of America, Springfield, Pennsylvania; Robert mony was heard from public witnesses. J. Puskar, Military Order of the Purple Heart, Para- dise Valley, Arizona; Ryan Kules, Wounded Warrior DEPARTMENT OF ENERGY OVERSIGHT: Project, Severna Park, Maryland; Mike Waite, Na- THE DOE LOAN GUARANTEE PROGRAM tional Guard Association of the United States, Alex- Committee on Science, Space, and Technology: Sub- andria, Virginia; James Pidgeon, AMVETS, Tulare, committee on Energy; and Subcommittee on Over- California; and Al Kovach, Jr., Paralyzed Veterans of sight held a joint hearing entitled ‘‘Department of America, Coronado, California. Energy Oversight: The DOE Loan Guarantee Pro- f gram’’. Testimony was heard from Mark McCall, Ex- ecutive Director, Loan Programs Office, Department COMMITTEE MEETINGS FOR MONDAY, of Energy; Frank Rusco, Director, Natural Resources MARCH 7, 2016 and Environment, Government Accountability Of- (Committee meetings are open unless otherwise indicated) fice; and public witnesses. Senate FISCAL YEAR 2017 ODNI BUDGET No meetings/hearings scheduled. Permanent Select Committee on Intelligence: Full Com- mittee held a hearing on Fiscal Year 2017 ODNI House Budget. This hearing was closed. No hearings are scheduled.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 3 p.m., Monday, March 7 4 p.m., Monday, March 7

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Monday: House will meet in pro forma morning business (not to extend beyond 4 p.m.), Senate session at 4 p.m. will resume consideration of S. 524, Comprehensive Ad- diction and Recovery Act. The filing deadline for first- degree amendments to Grassley Amendment No. 3378, and to the bill, is at 3:30 p.m. At 5:30 p.m., Senate will vote on the motion to invoke cloture on Grassley Amend- ment No. 3378.

Extensions of Remarks, as inserted in this issue

HOUSE Ellmers, Renee L., N.C., E272 Nolan, Richard M., Minn. E271, E273, E274 Farr, Sam, Calif., E272 Norcross, Donald, N.J., E274 Babin, Brian, Tex., E275 Foster, Bill, Ill., E278 Royce, Edward R., Calif., E277 Benishek, Dan, Mich., E273 Higgins, Brian, N.Y., E271 Rush, Bobby L., Ill., E272 Bordallo, Madeleine Z., Guam, E277 Huffman, Jared, Calif., E271 Schakowsky, Janice D., Ill., E273 Butterfield, G.K., N.C., E276 Katko, John, N.Y., E273 Coffman, Mike, Colo., E273 LaHood, Darin, Ill., E277 Scott, David, Ga., E271 Cohen, Steve, Tenn., E274, E275 Larson, John B., Conn., E277 Sewell, Terri A., Ala., E276 Costa, Jim, Calif., E275 Lujan Grisham, Michelle, N.M., E277 Van Hollen, Chris, Md., E271 Cramer, Kevin, N.D., E273, E274, E275, E275 Marchant, Kenny, Tex., E274 Webster, Daniel, Fla., E272 DeLauro, Rosa L., Conn., E276 Moore, Gwen, Wisc., E275 Wilson, Joe, S.C., E276 Dingell, Debbie, Mich., E274 Neal, Richard E., Mass., E278

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