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

Vol. 161 WASHINGTON, THURSDAY, DECEMBER 17, 2015 No. 184 Senate The Senate met at 10 a.m. and was flow in ceaseless praise. Lord, thank RECOGNITION OF THE MAJORITY called to order by the President pro You for Your promise to be with us al- LEADER tempore (Mr. HATCH). ways, to the end of the world and be- The PRESIDING OFFICER (Mr. f yond. ROUNDS). The majority leader is recog- PRAYER We pray in Your mighty Name. nized. The Chaplain, Dr. Barry C. Black, of- Amen. f fered the following prayer: OMNIBUS AND TAX RELIEF Let us pray. f Eternal God, help us ever to see eter- LEGISLATION nity beyond time. As our Senators PLEDGE OF ALLEGIANCE Mr. MCCONNELL. Mr. President, the labor, may they do so with an eternal American people have two principal perspective. Remind them that they The President pro tempore led the concerns: our Nation’s security and the are serving You as well as country, pre- Pledge of Allegiance, as follows: economy. The legislation we will soon paring themselves for the higher joy of consider will help address both. It service in the world to come. I pledge allegiance to the Flag of the would enact permanent tax relief for In this season of hope, remind us of United States of America, and to the Repub- American families and small busi- Your breakthrough into time to give us lic for which it stands, one nation under God, nesses. That will lead to more jobs, eternal life. Help us to seek and count indivisible, with liberty and justice for all. more opportunity, and more economic life’s blessings so that our lives may growth here in America.

NOTICE If the 114th Congress, 1st Session, adjourns sine die on or before December 24, 2015, a final issue of the Congres- sional Record for the 114th Congress, 1st Session, will be published on Thursday, December 31, 2015, to permit Members to insert statements. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–59 or S–123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Wednesday, December 30. The final issue will be dated Thursday, December 31, 2015, and will be delivered on Monday, January 4, 2016. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event, that occurred after the sine die date. Senators’ statements should also be formatted according to the instructions at http://webster.senate.gov/secretary/ Departments/ReporterslDebates/resources/conglrecord.pdf, and submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at https://housenet.house.gov/legislative/research-and-reference/transcripts-and-records/electronic-congressional-record-inserts. The Official Reporters will transmit to GPO the template formatted electronic file only after receipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–59. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Office of Congressional Publishing Services, at the Government Publishing Office, on 512– 0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. GREGG HARPER, Chairman.

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VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00001 Fmt 0624 Sfmt 8633 E:\CR\FM\A17DE6.000 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8734 CONGRESSIONAL RECORD — SENATE December 17, 2015 Another way this legislation will The legislation before us would go a In the years I have served in public support jobs and grow the economy is long way toward strengthening our na- office, I brush aside most press and by permanently eliminating a relic tional security in a dangerous world. don’t let it bother me, but once in a from the 1970s. This 40-year energy ban Its provisions will help advance other while something comes along that has cost our economy jobs, and it important conservative priorities, too, does. There was an article in one of the strengthens oil exporters such as Iran like strengthening the First Amend- Hill newspapers this day that really and Russia. It is no secret that Russia ment and helping protect families from troubled me: ‘‘Bad blood: Reid-McCon- views its energy resources as a foreign a health care law that attacks the mid- nell relationship hits new low.’’ policy tool. It is no secret that Iran dle class. I have a difficult job, and so does he. views its energy resources as a compo- This legislation would, in the wake of We both have done our respective jobs. nent of national power, nor is it a se- the Obama administration’s conserv- We started out in leadership positions cret that President Obama recently ative speech-suppression scandal, enact here doing different things, but where granted the Iranian regime permission important reforms at the IRS and force we first started working closely to- to export those resources. Many think it to root out waste. These reforms will gether was when we were both whips. it is time the American people were help prevent another Lois Lerner, and No one knows our personal relation- treated at least as fairly as Iran. they would help ensure that IRS em- ship except him and me. There are This critical energy reform would ployees who target Americans for their things he does that disappoint me; help strengthen America’s jobs and political beliefs are actually fired. there are things I do that disappoint America’s safety, but it is only a small This legislation would strip out more him. Our caucuses have different views part of how the overall bill would sup- pieces of a partisan law that hurts the on a lot of things. port our national security. For in- middle class. One newspaper said the I just want the record to be spread stance, we know that preventing an- measure before us would ‘‘take an ax’’ that the Reid-McConnell relationship other crisis in military readiness will to a ‘‘key pillar’’ of ObamaCare. It hasn’t hit a new low. We have a per- sonal relationship. Nobody knows how require significant investments over would prevent a taxpayer bailout of many times we visit with each other on the medium term and over the long ObamaCare as well. The administration term. We know there is much to be the telephone and personally. pushed hard to reverse that last provi- I will always remember him and his done, but we also know this legislation sion but did not succeed. represents a critical step forward. It wonderful wife. Within the last few The legislation before us would root years my wife was involved in a ter- would finally ensure our military has out waste, fraud, and abuse. It would the funding it needs to train, equip, rible automobile accident. The first consolidate or terminate dozens—lit- and confront the threats we face from people to step up and ask if there was erally dozens—of programs. It would terrorist groups like ISIL and coun- anything they could do were MITCH and make long-overdue reforms to our Tax tries like Iran. his wife. Shortly thereafter, my wife We know that preventing another Code and contains pro-life and pro-Sec- had a bruising battle with breast can- crisis in military readiness will require ond Amendment protections as well. cer. There is no one who can comfort a significant investments over the near, So, in my view, here is the bottom wife more than another wife. On Janu- medium, and the long term. For in- line: This legislation is worth sup- ary 1 of this year, I blinded myself in porting. It doesn’t mean this is the leg- stance, our air campaign over Syria an exercise accident, and MITCH islation I would have written on my and Iraq has our Navy, Marine Corps, MCCONNELL was there. His wife was and Air Force flying sorties that will own. It doesn’t mean this is the legisla- there. further stress the readiness of the tion Speaker RYAN would have written So I want the record to reflect—peo- force, and those planes need to be on his own either. It is not perfect, and ple might write all these things they maintained, repaired, and ultimately we certainly didn’t get everything we want to write, but MITCH MCCONNELL replaced. We know there is much to be wanted. But it made strides in it de- and I are friends. People may think done, but we also know this legislation fending our Nation at a time of global that is difficult with all the things we represents a critical step forward. It unrest. It advances conservative prior- do here opposing each other, but that would finally ensure our military has ities in several areas and enacts sig- is the job we have. more of the funding it needs to train, nificant reform in several areas on ev- I want the record—I repeat—to be to- equip, and confront the threats we face erything from tax relief to energy pol- tally reflective of the fact that I have from terrorist groups like ISIL and icy to cyber security. admiration for MITCH MCCONNELL and countries like Iran. I plan to vote for it. I hope colleagues the work that he has to do. Do I always We know this legislation would honor will choose to do the same. agree with what he does? Of course not. our veterans by funding the health care Before I leave the floor, I wish to ac- I am sure the same applies to his feel- and benefits they rely on. We know it knowledge the impressive work of the ings about me. But no one can judge would enact critical reforms to help chairman of the Finance Committee, what our personal relationship is ex- address the crises we have seen at the Senator ORRIN HATCH, on the tax side cept MCCONNELL and REID. VA. of this issue. Permanent reform was Mr. MCCONNELL. Will my friend We know this legislation would, at a never going to be easy to come by, but yield for a comment? time of new and evolving terror this thoughtful legislator, Senator Mr. REID. Yes. threats, bring badly needed reform to HATCH, never gave up, and he and his Mr. MCCONNELL. I am always frus- the Visa Waiver Program. We know it staff continued to work on this issue trated, as I think the Democratic lead- would bolster the FBI’s ability to con- for a very long time. The result is a er is, with the tendency to personalize front terror within our borders. significant accomplishment for Amer- political differences. Obviously we have We know this legislation would pre- ican families and the American econ- differences on issues, but I want to sec- vent—I repeat, prevent—the transfer of omy, and I can’t thank Senator HATCH ond what my friend the Democratic dangerous terrorists from Guanta- enough. leader said: There is nothing wrong namo’s secure detention center into f with our personal relationship, wheth- our communities. er it is watching Nats baseball or a lot We also know this legislation would RECOGNITION OF THE of other things that we have discussed enact an important cyber security in- DEMOCRATIC LEADER both personally and otherwise for lit- formation sharing measure. It is clear The PRESIDING OFFICER. The erally years. that countries such as Russia, China, Democratic leader is recognized. I share the Senator’s frustration, I and Iran are determined to continue f would say to my friend, over an article launching cyber attacks against us. We like that. I think there is a tendency to know that the administration already RELATIONSHIP OF THE MAJORITY think you can’t have political argu- succumbed to a devastating cyber at- AND DEMOCRATIC LEADERS ments without developing personal ani- tack just recently. It is time to provide Mr. REID. Mr. President, before the mosity, and I don’t have any toward the American people with some long- Republican leader leaves the floor, I my friend, and I know he doesn’t have overdue protection. wish to say a few things. any toward me.

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.001 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8735 I really appreciate the opportunity Rico is expected to default on its Puerto Rico, it is bad for the creditors that he has given for both of us to kind debt—Congress will present a Congres- as well. of clear the air about the perceptions sional Gold Medal in honor of the 65th So I say to my Republican col- that could have been drawn by reading Infantry Regiment, which suffered such leagues: Let’s work together to extend such an article. massive casualties over time. This in- a helping hand to our fellow citizens in f fantry regiment was a U.S. Army unit Puerto Rico. It should be in this bill consisting mostly of Puerto Rican sol- that we are going to vote on tomorrow. PUERTO RICO diers that distinguished itself for its Giving the people of Puerto Rico the Mr. REID. Mr. President, 18,000 Puer- remarkable service during the Korean tools necessary to resolve this fiscal to Ricans served in the Armed Forces war. It is shameful to think that Con- crisis is the right thing to do. It is the in World War I; 65,000 in the Second gress can at once recognize the ex- moral thing to do. World War; 61,000 during the Korean traordinary contributions of Puerto Mr. President, would you announce war; 48,000 in the Vietnam war. Since Ricans, who have made the ultimate the business of the day. 1917, more than 200,000 American citi- sacrifice for their country, and then do f zens from Puerto Rico have served in nothing to protect Puerto Ricans when the U.S. Armed Forces, serving in they turn to us for help in a time of RESERVATION OF LEADER TIME every conflict since World War I. crisis. The PRESIDING OFFICER. Under A previous leader of the Senate asked Inaction is not an option. Puerto me to represent the Senate in a cere- the previous order, the leadership time Rico needs to do its part, and so must is reserved. mony in Puerto Rico a number of years Congress. As Puerto Rico’s Resident ago as they were dedicating the monu- Commissioner has said: ‘‘This is not f ment to fallen soldiers of Puerto Rico just a Puerto Rican problem; this is an MORNING BUSINESS in conflicts involving the United States American problem, requiring an Amer- and other countries. I have never for- The PRESIDING OFFICER. Under ican solution.’’ the previous order, the Senate will be gotten that. I have a warm spot in my We can do something to help, and we heart for Puerto Rico, a wonderful part in a period of morning business until 6 must do something to help. We can of our country and a territory of the p.m., with Senators permitted to speak work together to pass legislation that United States with a beautiful rain for- therein for up to 10 minutes each. allows Puerto Rico to restructure a est. I have been there. I have fond The assistant Democratic leader. significant part of its debt without memories. I have been there a few costing U.S. taxpayers a penny. f times, but I really like Puerto Rico. These bonds are not bonds of the U.S. Today, as they have helped us in SYRIAN REFUGEES these battles, Puerto Ricans who live Government. People have made invest- ments. Like every other investment, Mr. DURBIN. Mr. President, it is in Puerto Rico need our help. Right amazing some of the people we get to now, the people of Puerto Rico are sometimes they go bad. Theirs went bad as a result of the crash we had here meet in our lives as Senators. There is drowning in over $72 billion in debt. It a medical doctor in Chicago who I is a sparsely populated territory with, 9 years ago or so on Wall Street. The Obama administration and con- didn’t know several years ago, but he I think, about 3.5 million people. They and his wife have become dear friends have more debt per capita than any gressional Democrats want to do some- thing to help. We have asked Repub- in a short period of time. His name is U.S. State, of course. The territory is Dr. Zaher Sahloul. He asked for an ap- facing a severe economic and fiscal cri- licans to join us in this effort, but so far they have only stood in the way. pointment in my office in Chicago a sis, and it is becoming a humanitarian few years back, and I agreed to it. He crisis. All we want is to simply say that a ter- ritory of the United States—and we came in to tell me a story and to show Leader PELOSI and I fought to include me some pictures. He is originally from meaningful provisions in an omnibus will limit it, of course, to Puerto Rico—has the ability, like every other Syria, and he is head of the Syrian- spending package to assist Puerto American Medical Society in the Rico, including empowering Puerto State, to file for bankruptcy protec- tion. Chicagoland area. Because of the trag- Rico to readjust a significant portion edy of the civil war in his home coun- of its debt. Just last week, the senior Senator try of Syria, he has felt a special obli- Unfortunately, Republicans refused from New York asked for unanimous gation to help. to work with us to address Puerto consent to adopt the Puerto Rico Chap- Rico’s massive debt in a meaningful ter 9 Uniformity Act—a bill that would What he has done on many occasions way. Instead of seizing the last chance extend chapter 9 of the bankruptcy now was to get as close to the action as Congress has this year to do the right code to Puerto Rico and allow it to re- he could in Syria to provide medical thing for Puerto Ricans, they turned structure its municipal debt in the assistance to the victims. Many times their backs on 3.5 million citizens of same way other States can. he risked his life to do it. And other the United States who are Puerto But instead of giving Puerto Rico the doctors—some Syrian-American and Ricans and live in Puerto Rico. same rights as Kentucky, Nevada, Illi- some not—have joined him in that ef- To be clear, helping Puerto Rico nois or Utah, the chairman of the Fi- fort. He would bring me back photo- doesn’t mean bailing the island out of nance Committee, from Utah, blocked graphs of what casualties of war look its massive debt. They don’t need that. this critical legislation. like in Syria. They were heart- They don’t need a massive check from I understand there are important breaking—pictures of children who had the taxpayers. This is about giving issues that must be discussed, such as been maimed and seriously injured by Puerto Rico and their leaders the same the nature and scope of this authority, the barrel bombs of President Assad in tools that every State has—the same but to deny Puerto Rico any restruc- Syria and stories about parents killed tools that are currently available in turing authority, as the Republicans in the bombings that continue day every State. Puerto Rico is part of the have done, is negligent. after weary day. United States, and the people of Puerto I hope that recent comments by Re- Dr. Sahloul would ask me: What can Rico are looking to Members of Con- publican leaders, including Speaker you do, Senator? Can’t you help us? gress to step in as partners. That is our RYAN, will translate into meaningful Can’t you stop this? job. action. Of course, that civil war in Syria, The territory is facing a massive $900 Senate Democrats are ready to work which has gone on for 4 years, is al- million payment in bond payments on across the aisle on a real solution for most intractable, almost impossible to January 1 to its bond holders. Puerto Puerto Rico, with the understanding define. There are so many forces fight- Rico’s Governor said yesterday that that any viable plan moving forward ing one another that at any given mo- the island will default in January or will be a Federal process that allows ment, your ally today may be your May. We can’t wait. Puerto Rico to adjust its debt. enemy tomorrow. Next year—likely the first half of To deny Puerto Rico any restruc- I tried, since meeting Dr. Sahloul, to 2016, the same period in which Puerto turing authority is not just bad for do some things: to come out for a safe

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.003 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8736 CONGRESSIONAL RECORD — SENATE December 17, 2015 zone, a humanitarian zone in Syria, lifejackets. The infants, too small for a gious and political persecution. I came to where medical treatment and food and lifejacket, are literally given plastic Chicago from the ancient Syrian city of a safe shelter could be found for fami- water wings that we give to our infant Homs to pursue advanced medical training. lies who are facing these attacks. We children to play in the wading pools Syrians look to the U.S. as the best place to pursue this training. In fact, almost half of have had some limited—and I underline near our homes. That is all they have. one percent of American doctors are of Syr- ‘‘limited’’—success in providing these They cram them into these boats. They ian origin. There are also famous Syrian ac- safe zones, but it is a fact that the strap on a Chinese motor. They put tors, playwrights, rappers, chess players, en- tragedy of Syria continues even to this just enough gasoline in that engine trepreneurs, scientists, businessmen, and minute. If anything, today it is worse that they think will make it across— even Republican governors. Every Syrian because of the bombing by the Rus- but not more—and try to find someone American is proud that Steve Jobs is the son sians, which I am told has gone into in the boat who will steer it. They of a Syrian immigrant. Syrian immigrant areas that previously had been pro- point to their destination, and they Ernest Hamwi invented the ice cream cone during the St. Louis World Fair in 1904. tected because of the citizen and civil- leave. Sometimes these boats have 50 ‘‘Everyone who enjoys ice cream and an ian populations. or 60 people in them when they are iPhone should feel indebted to Syrian immi- The result is obvious. Millions—lit- only supposed to have 20 to travel safe- grants,’’ I remind my children. All three erally millions of people in Syria over ly. have been born in Chicago. The eldest, the last 4 years—have fled. They are They are warned that as they come Adham, ran his first marathon this year—to running for their lives, and they are up to the shore in Lesbos, Greece, or raise awareness about domestic violence— running from war, and they are run- other islands, they should immediately and aspires to a career in politics. Mahdi is ning from terrorism. run into the rocks and scuttle the boat involved in his university’s Students Orga- Dr. Sahloul recently wrote an article nizing for Syria (SOS) chapter as well as the so that it sinks. Otherwise, they are Black Lives Matter campaign. Marwa, a high about his trip to the United States. He told they will be turned around and school freshman, is a budding pianist and ran arrived in 1989. He tells the story of pushed back to Turkey, and they may for her school’s cross-country team. They all coming to Chicago and feeling very not have enough gas to make it. And volunteer in local charity events and for much alone. He graduated from med- that is what happens. Syria. My wife, Suzanne, the daughter of a ical school in Damascus. He had a Dr. Sahloul tells the story of what Syrian civil engineer and Canadian mother chance to practice medicine in Chi- happens when these boats are scuttled with Irish-Scottish roots, founded the Syrian cago, but he wasn’t sure that he could as they arrive in Greece. He tells of the Community Network (SCN) to help support ever really fit in. newly resettled Syrian refugee families in drowning of little children who don’t the Chicago area. He tells the story of his first Thanks- make it off the boat onto dry land but DARKNESS IN SYRIA giving in Chicago in 1989, when a fellow literally drown right there. We saw one To many Syrians, America symbolizes the doctor invited him to join her and her of those photos just a few months ago family for Thanksgiving dinner. It was values that we lack at home: freedom, rule of of a tiny 3-year-old boy who drowned law, and the respect for human rights. In a gracious gesture—a gesture of hospi- just as he was about to make it into Syria, my generation knew only one presi- tality. Dr. Sahloul has not forgotten it Greece. dent, Hafez al-Assad, who ruled for 30 years to this day. This article, which I will Dr. Sahloul tells that story so that with ‘‘iron and fire,’’ as they say in Arabic. ask to have printed in the RECORD at some of us—all of us—will understand He detained and tortured thousands of people the conclusion of my comments, goes the desperation of these refugees. who dared to speak out against his rule. He into some detail. It is now very popular among politi- committed massacres, the worst of which in Dr. Sahloul really wrote this article cians to blame the Syrian refugees for the city of Hama the same year I graduated not to just tell his story but to tell two from high school. terrorism in America. We have not ac- I still remember the atmosphere of fear in other stories—the story of immigra- cepted that many refugees in our coun- Syria. We dared not speak. We were told that tion, which is literally the story of try. The numbers are about 2,000. At the ‘‘walls have ears.’’ My family even pre- America, and the story of Syrian refu- this point, not a single person among vented me from going to the mosque to pray. gees. those refugees has been arrested and Many of my high school friends and relatives His most recent trip to the region charged with terrorism. Yet one would disappeared into the dark cells of the infa- was to the island of Lesbos, which is think that these Syrian refugees are mous Palmyra prison, the site of another in- famous massacre by Assad’s ruthless secu- part of Greece. I went there a few the greatest threat there is to Amer- weeks ago with several of my Senate rity men. ica. When Hafez died in 2000, his son Bashar, a colleagues. Thousands—hundreds of I will include the article I referred to classmate of mine from medical school, was thousands of refugees—are flowing into in the RECORD so that those who follow appointed to the presidency by a token par- Lesbos from Turkey. They have left this debate and follow the proceedings liament. People expected change. After all, Syria and Afghanistan, and they are on the floor can read firsthand and for Syria had a well-educated middle class, a di- working their way into Greece on their themselves Dr. Sahloul’s story and the verse economy, and a reasonably vibrant way, they hope, to refuge and shelter story of these Syrian refugees. I ask nonprofit sector. It also had a tradition of in Europe. democracy, which had its ups and downs be- unanimous consent that the article be tween 1920 and 1970. Bashar, inexperienced It is impossible to describe, if we printed in the RECORD. have not seen it ourselves, what is but equally ruthless, disappointed us all. There being no objection, the mate- When hundreds of thousands of young Syr- going on here. But imagine for a mo- rial was ordered to be printed in the ians demonstrated peacefully in 2011, think- ment that you were so frightened of RECORD, as follows: ing naively that the Arab Spring had turned the prospect of your child or your wife [From Lobelog, Dec. 14, 2015] at last to Syria, Assad and his cronies re- dying in war that you said: Tomorrow, sponded with what they knew best: brutality TODAY’S SYRIAN REFUGEES ARE YESTERDAY’S and oppression. More than 250,000 people pick up whatever you can carry. We are IRISH leaving. We cannot stay here. have been killed. Tens of thousands have dis- (By Zaher Sahloul) And if you look at these refugees as appeared into the prisons. Half of the popu- they travel—mothers and fathers car- Immigrants have built the United States— lation has been displaced. And barrel bombs, and that includes Syrians. cluster bombs, and all kinds of weaponry rying babies, with toddlers and small Four months after I arrived to Chicago in have leveled entire cities and neighborhoods. children walking alongside of them— 1989, my colleague at the hospital, Dr. Nancy Besides meager humanitarian assistance you realize how desperate they must be Nora, invited me to her family’s Thanks- and empty rhetoric, the international com- to leave everything behind and to head giving dinner. I was homesick in a new coun- munity has stood by mostly idle, watching out on this journey of danger. One of try after graduating from medical school in darkness descend on Syria. It has become the most dangerous parts of it is that Damascus. Nancy Nora was an Irish Amer- one of the worst humanitarian crises in our trip across the Aegean Sea between ican from a large Catholic family. Her father lifetime. In the ensuing chaos, extremist Turkey and Greece. They have to pay was a respected local physician. groups like the Islamic State (ISIS or IS) Nancy told me that it was a tradition in and Hezbollah filled the vacuum. But the smugglers 1,000 euros, which is over her family to invite a newcomer to the city. snowballing refugee crisis only captured the $1,000 for each adult, and 500 euros for After all, Thanksgiving, I learned, celebrated world’s attention when it reached the shores each child. They put them in these Native Americans welcoming European refu- of Europe. With the drowning of the Syrian plastic boats. Some of them are given gees who fled their homelands due to reli- toddler Aylan Kurdi, who tried to flee with

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.005 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8737 his family to Greece from Turkey across the proceed to the immediate consider- throughout our great Nation with a Aegean Sea, suddenly Syrian lives mattered. ation of H.R. 4188, the Coast Guard re- team of fewer than 90,000 members WITH THE REFUGEES authorization, which was received from comprised of Active-Duty, Reserve, ci- I just returned from my last medical mis- the House; I further ask that the Thune vilian, and Volunteer forces and an an- sion with my organization, the Syrian Amer- substitute amendment be agreed to; nual budget of less than $10 billion, ican Medical Society (SAMS), to the Greek island of Lesbos. Tens of thousands of Syrian that the bill, as amended, be read a with, let’s face it, a fleet of aging ves- refugees are making the desperate boat trip third time and passed; and that the sels and aircraft. from Turkey to Lesbos and other Greek is- motion to reconsider be considered The ranking member of the com- lands. The unfortunate ones are drowning, made and laid upon the table. merce committee, Senator NELSON while the lucky ones must carry on through The PRESIDING OFFICER. Is there from Florida, and I talk a lot about another 1,200 miles of borders, humiliation, objection? how heroic these men and women are and misery to reach whoever opens the door The Senator from Delaware. and how they deserve our attention, to them. Germany and Sweden have been the Mr. COONS. Mr. President, I object. most hospitable, while others are building just like other members of the mili- walls and barbed wire fences along their bor- The PRESIDING OFFICER. Objec- tary. ders. The Syrian refugees I met were fleeing tion is heard. Last year the Coast Guard executed the recent Russian bombings and Assad’s The Senator from Delaware. more than 17,500 search and rescue mis- barrel bombs, while some are fleeing the bru- Mr. COONS. Mr. President, if I sions—these are incredibly dangerous, tality of the Islamic State. I saw several might, let me briefly explain the basis by the way—in rough waters off the women, some with toddlers Aylan’s age, who for my objection. I have had the oppor- coast of Alaska and Florida and Dela- lost their husbands to the war. One woman tunity to discuss this matter with my was crying as she described a public execu- ware and saved over 3,400 lives. Think tion by IS that she was forced to witness colleague from the State of Alaska. about that—3,400 lives in 1 year. In ad- with her five-year-old son. He has had night- The cruise industry foreign-flags its dition, last year the Coast Guard law mares since then. vessels and thus pays no U.S. income enforcement crews interdicted over 140 I heard from a Syrian volunteer doctor tax, yet it has asked for protections in metric tons of narcotics, detained over about a boat with a capacity of 30 people this bill from remedies sought by sea- 300 smugglers, and interdicted more that was stuffed with more than 80 refugees. men for failing to pay wage and over- than 3,500 migrants. Each refugee had to pay the smugglers 1,000 time, for remedies for maintenance and to 2,000 euros. It was a cold night when the What we are talking about here is bi- boat crashed onto the rocky shores and split cure, one of the oldest, internationally partisan legislation that needs to be in half. Children got stuck underneath the recognized remedies for seafarers. passed that will do one very important boat. Many simply drowned. The Syrian doc- These two remedies would keep the thing for our country and the Coast tor, himself a victim of Assad’s torture and U.S. Merchant Marine competitive. Guard: It is going to improve the mis- now a refugee in France, described to me U.S.-flagged vessels are required to sion readiness and performance of the how he performed CPR on two small chil- hire U.S. seamen, and only by ensuring Coast Guard. It demonstrates that the dren. One was dead, and one died later. The that workers on U.S. vessels and for- U.S. presidential candidates and governors Congress of the United States is paying who slammed the door in the faces of help- eign-flagged vessels, which sail in and attention to these brave young men less Syrian refugees should hear these sto- out of U.S. ports carrying U.S. pas- and women. ries. These refugees deserve our sympathy sengers, have the same remedies can I am disappointed because we have and hospitality. U.S. jobs be protected. worked hard to move this legislation Since 1975, Americans have welcomed over I have had the opportunity to discuss since April. We have worked hard. We 3 million refugees from all over the world. this issue with the Senator from Alas- stripped out provisions that the other Refugees have built new lives, homes, and ka, and it is my hope that we can work communities in towns and cities in all 50 side had problems with. Section 605 is states. Since the war began, however, only diligently together to address and clear gone now, to move this forward. So we 2,034 Syrian refugees have been resettled in issues of concern to myself and a num- have been working hard. I thought we the entire United States. This is a shameful ber of my colleagues. But until we have were going to pass this legislation this number, considering that there are 4.2 mil- that opportunity to review the text morning. lion Syrian refugees. The House of Rep- and to appropriately resolve concerns The provision my colleague from resentatives has passed a bill that would im- that arise from the Jones Act and the Delaware was talking about is section pose additional security measures on refu- longstanding workers compensation- 606 of the Coast Guard Authorization gees from Syria, making it nearly impossible to accept more refugees from Iraq and Syria. type benefit I described called mainte- Act, and it is simply looking to create A similar bill is awaiting a Senate vote. nance and cure, my objection will con- consistency and reduce forum shopping Nancy Nora’s father, surrounded by his tinue. in lawsuits involving mariners. large extended family at the dinner table on I yield the floor. While I understand that some special that Thanksgiving many years ago, ex- The PRESIDING OFFICER. The Sen- interests—trial lawyers in particular— plained to me how Irish Americans were de- ator from Alaska. are not always interested in judicial monized when they first arrived to the Mr. SULLIVAN. Mr. President, I consistency or efficiency because it is United States as refugees. They were ma- ligned by politicians and by the public, and want to talk about the broader issue not in the interest of their bottom line, were perceived as a threat. During dark here. I appreciate the willingness of my I wish to remind this body that the times in our history, the United States has colleague from Delaware to work on provision we are talking about passed treated newly arriving Jews, Italians, Japa- this important issue. The Coast Guard overwhelmingly in the House of Rep- nese, and Latinos as a threat. reauthorization bill passed out of the resentatives in a bipartisan manner— As I was leaving the Nora household after commerce committee unanimously in not once, not twice, but three times in that memorable evening, her family wished April. me good luck with my studies and my new the past 2 years. Three times. It is not life in America. Suddenly, the cold Chicago We talk a lot about national security a controversial provision. night felt very warm. I felt at home. here on the Senate floor. We talk about Section 606 is about forum shopping Mr. DURBIN. Mr. President, I have our men and women in uniform and for foreign mariners. In fact, section several colleagues on the floor who how they are protecting us. But I have 606 is not even about Americans; it is wish to enter into a colloquy, and I always liked to mention the men and about forum shopping for foreign mari- yield the floor for that purpose, and women in the Coast Guard. Prior to 9/ ners in foreign waters on foreign- then I will wait until they are finished 11, you can make a very strong argu- flagged ships. That is the issue which is to reclaim my time. ment that the Coast Guard was prob- holding up the reauthorization of the The PRESIDING OFFICER. The Sen- ably the only uniformed service whose Coast Guard bill for our brave men and ator from Alaska. members were risking their lives for women who serve in the Coast Guard. f Americans day in and day out every Why that provision should be holding single day. I think a lot of their her- us up is beyond me. UNANIMOUS CONSENT REQUEST— oism goes unnoticed. Trust me, in But I did have a good discussion with H.R. 4188 Alaska we see it daily. my colleague from Delaware. We are Mr. SULLIVAN. Mr. President, I ask The Coast Guard admirably performs more than willing to continue to work unanimous consent that the Senate a variety of missions on a daily basis with our colleagues to reach consensus.

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.001 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8738 CONGRESSIONAL RECORD — SENATE December 17, 2015 But I certainly hope we can get there ple in his lofty status of super- States embraced college and career- today and not let one small provision intendent might not have considered. ready standards like common core. that is very focused on one special in- I used to visit—still do—a lot of Chi- It is interesting to note that one of terest group hold up a bipartisan bill cago’s public schools, drawing my own the States that was successful was which everybody on the commerce impressions. I remember visiting a Tennessee, which is, of course, the committee voted for and which is going school once and coming out of it and home State of Senator LAMAR ALEX- to do something very important: recog- saying to my staff: That school is out ANDER, the chairman of our committee nize the men and women in the Coast of control. It was so loud in the cor- in the Senate that is drafting edu- Guard who risk their lives—just like ridors—not between classes but during cation legislation. Tennessee impressed everybody else in the military—on a classes—I couldn’t imagine students Arne Duncan and the Department of daily basis to protect Americans. were learning. It didn’t appear there Education and became one of the re- I yield the floor. was any supervision. cipients, and Tennessee made some The PRESIDING OFFICER. The as- I called Arne and I said: You know, I honest declarations about the state of sistant Democratic leader. have never called you about a school, education in their State when they made this application. It was a State f but please take a look at this school. Something is wrong there. It doesn’t that took seriously making dramatic TRIBUTE TO ARNE DUNCAN feel right. change, and a relationship was struck Mr. DURBIN. Mr. President, this He said: I will do it. between Arne Duncan and LAMAR week in Washington, President Barack He called me back 2 weeks later, and ALEXANDER and many other Members Obama’s favorite pickup basketball pal he said: You were right. That principal of Congress. from Chicago is leaving town. He is was an experiment to see if he could do Time has passed. During the last sev- heading back home to Chicago. His it. He can’t. We replaced him. eral years, there has been a change of name is Arne Duncan. He is Secretary That is how Arne reacted. It wasn’t a thinking in Congress, in the country, of Education. He was one of the first matter of sending it to a committee and in the Department of Education choices of this President to serve in his and waiting for months and evaluating about the course to follow. Cabinet. He was an obvious choice. at the end of the school year; he made A week or two ago in the White Arne Duncan has given his life to the decision—he is decisive—because House, President Obama signed the new Elementary and Secondary Edu- teaching and education. It starts with he knew it was in the best interest of cation Act, which was promulgated on his parents—his father, who was a pro- the students. fessor at the University of Chicago, and Arne Duncan inherited a Department a bipartisan basis and had the active support of not only Republican Senator his mother, who ran a mentoring and of Education that was in controversy LAMAR ALEXANDER but his Democratic tutoring center in the Hyde Park area when President Obama took the office counterpart, Senator PATTY MURRAY of of Chicago. As a young boy in school, of Presidency. It was in controversy be- the State of Washington. This bipar- Arne used to come out of class and go cause there was a Federal law—No tisan legislation received I think over to his mother’s mentoring center to Child Left Behind—promulgated by a 80 votes on the floor of the Senate. help other young kids learn to read and previous Republican President, George Arne Duncan was there at the signing. do their homework. It was built into W. Bush, and supported on a bipartisan He had worked with the leadership to him. His dedication to teaching, to basis by Congress, that was extremely arrive at this new stage in the evo- schools, and to improving the lives of controversial. Teachers were unhappy lution of the relationship of the Fed- with it. Many administrators were un- students across America has been well eral Government to the States and to happy with it. Governors were unhappy documented. the local school districts. As Arne grew up, he grew tall. As he with it. There was too much testing, I could go through a long list of grew tall, he played basketball, and he too many strict rules, and too much things Arne Duncan worked on, includ- was very good at it. He ended up going pronouncement of failure when it ing his concern about student debt, but to Harvard University and playing on wasn’t really warranted. That is what I want to close by pointing to one that their varsity basketball team. He then he inherited. has a personal interest to me, and that went on to play in the professional Over the years, Arne has made a sig- is for-profit colleges and universities. I ranks in Australia. It was there that he nificant impact when it comes to edu- have given so many speeches on the met his wife. They have two children cation in America. U.S. graduation floor about this industry—the most together. She is waiting for him in Chi- rates are at an alltime high, with the heavily subsidized private business in cago, and he is anxious, I am sure, to biggest improvements from minorities America today, for-profit colleges and return and live full time in that city and the poor. Under Arne’s leadership, universities. I have recounted the mis- with his family. dropout rates are at an alltime low. erable statistics about this sector of When he came back from his stint in Test scores are slightly up, with some the economy. With 10 percent of high basketball, he went back to mentoring of the biggest gains in States that em- school graduate students, they receive kids in the Hyde Park section and brace the administration’s approach to 20 percent of the Federal aid to edu- other parts of Chicago. He was chosen reform. cation. They account for more than 40 to head up the Chicago public schools We had a stimulus package, which percent of all student loan defaults. by former mayor Richard Daley. He the President supported when he was I appealed to Arne Duncan and the was the right choice. Arne Duncan first elected, to try to help our country Department of Education to do their truly had the interest of those public out of a recession, and Arne Duncan best to make sure the worst for-profit school students at heart, and it spoke up to the President and said that colleges and universities were held ac- showed. That is when I met him for the we ought to include in there some pro- countable. Arne Duncan showed real first time and came to know him. He visions to help school districts, provi- leadership. It wasn’t easy. He ran into was an extraordinary and dedicated sions for money if they will compete political resistance on Capitol Hill person, trying to manage one of the for it. They instituted a program from both political parties. And while I most challenging school districts in known as Race to the Top. They in- was probably pushing harder than I America. vited States, if they wished, to apply should have, he stepped forward and Two things come to mind imme- for these Federal funds. Over 20 States started demanding accountability. The diately. They used to have weekends applied. They weren’t required to. The net result was that one of the largest where people would volunteer to go $10 billion tied to reform was held for-profit colleges and universities, Co- work at schools. My wife and I volun- out—it included $4.35 billion, I should rinthian Schools, went out of business. teered several weekends, and we would say, for Race to the Top; $10 billion It turns out they had been defrauding always run into Arne and his wife and overall—it was held out to the States, the Federal Government for years family, who were giving their Satur- and within a year 40 States not only when it came to the results of job-seek- days building playgrounds, painting competed but changed their laws to im- ing by their students. the interiors of schools, doing the basic prove their prospects to win money Arne Duncan showed extraordinary things but doing things that many peo- from Race to the Top. Forty-five public service and political leadership

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.008 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8739 in tackling this controversial part of gaging the futures of their children and Well, we have sure shown the Amer- the educational establishment of grandchildren. I have always said we ican people what our values are with America. It is no surprise for those of are writing checks that our kids can’t this bill. We pay a lot of lip service on us who know Arne Duncan and what he cash. this floor, on cable news, and on cam- is made of. Back in the day, when his I think a lot of Americans would paign trails about our priorities, but mother was running a mentoring cen- want to know how we got here. How did when it comes down to it and time to ter in Hyde Park, the local criminal we get to the point where we force our- govern based on the priorities, all we gangs told her to close it down or they selves to vote on a 2,000-page, trillion- get is lip service. were going to firebomb it. Well, Arne dollar spending bill at the end of the We had choices to make in this bill. and his mom showed up at the center year just so we can all rush home for We could have helped middle-class fam- the next day. They weren’t frightened the holidays? How did we add a $700 bil- ilies or could have given tax breaks to and they didn’t run away. He has never lion tax extender package that gives multinational companies—notably the run away from his commitment to the wealthiest among us the gifts they major banks—parking their money young people. He has never run away want? The truth is that we stopped fol- abroad. We could choose to make col- from his commitment to public service. lowing regular order. A lot of us only lege debt free or we could choose to I don’t know what the next chapter of heard about regular order. We have help the film, television, and theater Arne Duncan’s life will be, but this never actually governed by it. I only producers deduct the cost of their mov- chapter—his service as Secretary of know about regular order because be- ies, shows, and plays. We could choose to double our border security or we Education for the United States of fore I joined the Senate and before he could allow racehorses to be depre- America—was an extraordinary display passed away, Senator Robert C. Byrd ciable. We could choose to give every of commitment to the students, teach- told me how this place used to work. American family $5,600 in tax relief or ers, parents, administrators, and tax- We used to talk about how things we could have chosen to give favorable payers of America. would happen. He would be dis- tax treatment to racing complexes. We I wish to join in, along with so many appointed in all of us on both sides, could have chosen to keep the promise other people, by expressing my grati- Democrats and Republicans, that we that President Truman made to our pa- tude to Arne Duncan for his service to have run the body he loved so much the triotic coal miners in 1946 and protect our Nation. way we have. their pension and health care guaran- I yield the floor. This is what regular order is sup- tees or we could choose to give $680 bil- I suggest the absence of a quorum. posed to look like. After receiving the lion in tax breaks to special interest The PRESIDING OFFICER (Mr. President’s budget—which we do, start- ing our new Congress—Congress is sup- groups, millionaires, and billionaires. JOHNSON). The clerk will call the roll. We chose poorly. We truly chose The senior assistant legislative clerk posed to respond with our view of what poorly. Democrats and Republicans proceeded to call the roll. the budget should look like. Then we both say we need to help our hard- Mr. MANCHIN. Mr. President, I ask work through 12 appropriations com- working American families, but we unanimous consent that the order for mittees and their subcommittees to de- have completely ignored the most the quorum call be rescinded. velop 12 separate appropriations bills. hard-working people out there I know, The PRESIDING OFFICER. Without The entire body should then consider our coal miners, and we should be objection, it is so ordered. each individual bill and make sure ashamed of ourselves. f they meet the demands of our constitu- I know some of my colleagues don’t ents while staying within the means of OMNIBUS AND TAX EXTENDERS like coal. They think they don’t need it our set budget. We need to do that 12 LEGISLATION and want to get rid of it, but this isn’t separate times so we can honestly tell about coal. It is about the brave men Mr. MANCHIN. Mr. President, I rise the American public that we were re- and women who gave and who have to applaud my colleagues for being in sponsible with their money and we can gone into those mines every day for the Christmas spirit. I have never seen answer to that. over a century to power our economy, so many gifts and presents given out in Instead, we are jammed at the last produce the weapons to fight our wars, one bill. minute with a $1.1 trillion spending bill and provide the energy we all depend Let’s be clear, we aren’t voting on that is over 2,000 pages long and con- on today. It made us the greatest coun- just a $1.1 trillion spending bill called siders the priorities of those 12 com- try on Earth, a superpower. Basically, the omnibus, we are not voting on just mittees all at one time, without talk- with this God-given resource that we that bill. That bill, by itself, could ing about them and debating them in- had, these brave men and women have been acceptable because it helps dividually. Not only that, as if that is worked and worked hard, very patrioti- veterans, middle-class families, our De- not enough, this year we have a special cally, to make sure this country had fense Department, our border security, treat of adding on a $700 billion tax gift the energy it needed to defend itself and a host of other valuable Federal Christmas tree package instead of ac- and to build the industrial might that programs, but we aren’t voting on just tually doing the tax reform all of us we have to be the superpower of the the omnibus bill. We are forced to vote talk about but never actually get world. on both the omnibus and the tax ex- around to. At some point, we are going They were guaranteed affordable tender package that adds an additional to have to start setting our priorities health care and dignity in retirement unpaid-for $680 billion of gifts for spe- based on our values, budgeting based in return for the blood, sweat, and cial interest groups. on our priorities, and being responsible tears they shed for our country. That We are giving out $680 billion in irre- stewards of the taxpayers’ money. It was a guarantee, a written guarantee, sponsible tax breaks, Christmas gifts will happen sooner or later. in 1946. They were guaranteed afford- to every special interest and corpora- Instead of working throughout the able health care and retirement. I want tion that asked for one. We gave year in a bipartisan way, we continue you to know that by not being able to Christmas presents to millionaire race to govern by crisis, one after another. have that in this bill—as laden as it is car drivers and motorcycle riders, film, We kick the can down the road all year with all of these giveaways, freebies, television, and theater producers, and and then add in more than half a tril- picking who is getting what, and all even racehorse owners. Don’t get me lion dollars in gifts to our special in- the millionaires and billionaires—we wrong. I like going to the movies, I terest friends. went back on our promise. We decided like riding my motorcycle, and even Both parties are to blame. This is not to help race car owners, film producers, going horseback riding from time to just a bipartisan issue, both parties are horseracing professionals, foreign enti- time, but I don’t think many middle- at fault. The Christmas gift will add $2 ties, and a host of other special inter- class Americans will be happy to know trillion to our debt over the next two est groups, but we didn’t help our own we gave away billions of dollars in tax decades. My grandfather Papa Joe al- miners. We did not help our own peo- gifts to millionaires and billionaires at ways taught me to base our priorities ple. their expense. They should be espe- on our values and then budget based on Today we said that despite finding a cially upset that we did it by mort- our priorities. fiscally responsible way to meet these

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.011 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8740 CONGRESSIONAL RECORD — SENATE December 17, 2015 obligations, our priorities were not in However, just a year later, CBO—the about what we had spent and what rev- valuing their service. I cannot stand on same people—changed their tone, pro- enue we had. We did whatever it took. the floor and vote for a bill that tells jecting that long-term pressures on in- This is all self-inflicted. This is truly middle-class Americans, students and creased spending and decreasing reve- self-inflicted, and it is not one party veterans, doctors and nurses, mothers nues due to tax cuts would set the spending more than the other party or and fathers, and our seniors that these country on a path toward deficits. CBO one party being more irresponsible. It are our values. They simply are not even went so far as to warn President is all of us not doing our job—just who we are and what we are about. Bush and Congress, stating: Taking ac- doing what we are doing today, voting They are not the values that the good tion sooner rather than later to ad- on a combined omnibus with an ex- people of West Virginia, Wisconsin or dress long-term budgetary pressures tender bill wrapped into one, and say- all the other 50 States that we have in can make a significant difference. In ing: There is a lot of good, and we need this great Union basically value, and particular, policies that encourage eco- to do it. If you don’t do it, you are they are not the values the ‘‘greatest nomic growth, such as running budget going to shut down the government. generation’’ and our miners fought for. surpluses to boost national savings and That is not the case. Somebody soon- I encourage all my colleagues to vote investment, enacting tax and regu- er or later has to say enough is enough. no and show the American people once latory policies that encourage work How can we go home and explain this and for all what our values should be and saving, and focusing more govern- to the people? I can’t. We are leaving and that our priorities are about them ment spending on investment rather people behind and not doing the job we and not about special interest people than on current consumption can help should be doing. and special people who don’t need the by increasing the total amount of re- That is why I am so pleased to be help. They have already done very well sources available for all uses. here with my dear friends. Senator in life. I would hope we would all think But Washington ignored the warn- ANGUS KING from Maine—the job he did twice before voting on this absolutely ings, and the budget deficits returned, I think was exceptional. I yield to Sen- irresponsible piece of legislation that along with the bipartisan blame that ator WARNER. adds another $700 billion of debt. It is plagues the Nation’s Capital today. The PRESIDING OFFICER. The Sen- uncalled for. Since 2002, the Nation has routinely ator from Virginia. I suggest the absence of a quorum. suffered from irresponsible budgets, re- Mr. WARNER. Mr. President, I know The PRESIDING OFFICER. The sulting in a growing national debt. Be- my friend from West Virginia and I clerk will call the roll. tween 2008 and 2012, the deficits totaled compliment the Senator from Maine. The legislative clerk proceeded to $5.6 trillion, and in 4 of the 5 years, Before these two great former Gov- call the roll. they were larger relative to the size of ernors came to this body, there were Mr. MANCHIN. Mr. President, I ask the economy than they had been in any many times I would stand up and rail unanimous consent that the order for year since 1946. In 2014, our spending on these issues. It is great to have the quorum call be rescinded. was $3.5 trillion and our revenues were other folks who balanced budgets and The PRESIDING OFFICER. Without only $3 trillion—a deficit of $485 bil- made hard choices in their careers. I objection, it is so ordered. lion. In 2015, CBO projects our spending welcome the opportunity to share a Mr. MANCHIN. Mr. President, I ask will be $3.67 trillion and our revenues couple of my thoughts. unanimous consent to enter into a col- will be only $3.2 trillion—a deficit of I will not repeat all of the comments loquy. $426 billion. Our deficit is projected to Senator MANCHIN made. I concur with The PRESIDING OFFICER. Without decrease slightly in 2016, with spending the vast majority of them. The data is objection, it is so ordered. at $3.9 trillion and revenues at $3.5, for overwhelming. I know the Presiding Mr. MANCHIN. Mr. President, I have a deficit of only $414 billion. However, Officer has also taken on this issue. two of my colleagues with me; the beginning in 2017, they begin to rise There are some good things, so let me three of us were former Governors. My again. With spending at over $4 trillion start with some of the good. good friend Senator KING was the Gov- and revenues at $3.6 trillion, we are As someone who feared that at some ernor of Maine, my good friend Senator still adding $416 billion and climbing. point this tax extender package might MARK WARNER was the Governor of The three of us have a hard time un- exceed $800 billion or get close to $900 Virginia, and I was previously the Gov- derstanding that. Basically, we all had billion, I think it is an interesting ernor of West Virginia. So we maybe balanced budget amendments in our place when folks are celebrating the think a little differently about how constitutions. Every Governor sits fact that it is only $680 billion of un- things should work in a budget. down at least once a week with the rev- paid-fors. In many ways, there is a lot Unfortunately, we don’t aim for the enue, and the revenue people come in to commend in the policy choices made bipartisan success we had in 1997. In with all the tax people. Every Governor by both sides. On the Democratic side, 1997, President Clinton, a Democrat, sits down, and they tell us where we making permanent the earned-income under his administration—at that time are. They tell us where we are on pro- tax credit is, frankly, a policy that was we had Governor Kasich, who was then jected revenues and if we can continue initiated by a Republican President a Congressman, a Republican, and they spending what we projected to spend or and called the best anti-poverty pro- worked together to get a budget. And, if we have to start cutting. As Gov- gram around. Expanding and making I might say, it was the last time a bal- ernor, you have to start making those that permanent is a step in the right anced budget was negotiated. The gov- decisions on a weekly basis, sometimes direction. The child tax credit is a pol- ernment suffered budget deficits every on a daily basis. But that was our re- icy raised by both sides, and making year from 1970 through 1997, when a sponsibility. that permanent and expanding it balanced budget was finally nego- On our current trajectory, we will be makes an enormous amount of sense. tiated. returning to trillion-dollar levels by I know, as well, that from a business In 1998, the President, along with a 2025, with spending of $6 trillion and standpoint, one of the challenges busi- Republican-controlled Congress—as we revenues of only $5 trillion. Our Fed- nesses face in an ever more competi- have today—recorded a surplus of $69 eral debt now exceeds $18.7 trillion, tive world is lack of predictability. So billion and continued to deliver sur- equivalent to roughly 100 percent of for certain areas, such as the R&D tax pluses. In 1999 it was $126 billion; in GDP, and CBO projects budget deficits credit and 179 expensing, it is appro- 2000 it was $236 billion; in 2001 it was will rise steadily. By 2040, our Federal priate and timely that we make those $128 billion. The Congressional Budget debt will reach a percentage of GDP provisions permanent. Office in January of 2001 stated in their seen at only one previous time in the I know there may be differences, par- budget outlook that the Federal budget history of this great country, and that ticularly even on my side. The bonus over the next decade continued to be was the final year of World War II. depreciation provisions are nice to bright and would build on a period of If we think back to World War II, our have, but I am not sure I know any historic surpluses. Historic surpluses parents and grandparents were won- business that makes that decision on are what they predicted. That was in dering: How do we survive? How does capital investment based upon bonus 2001. the world survive? We didn’t worry depreciation, and the fact that it is

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.012 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8741 winding down over 5 years is a great on investments like transportation, we Mr. KING. A quick colloquy. step in the right direction. have to pay for them. When we spend The PRESIDING OFFICER. There I have some concerns about some of in the Tax Code, suddenly there is a was consent granted for a colloquy. the international tax provisions, not free pass that these items never have Mr. JOHNSON. Very briefly, I was because of the merits of the system but to be paid for. Yet going forward, when sitting in the chair and I was listening as someone who believes strongly that we look at our budget next year, we to the Senators from West Virginia and to keep America competitive, we need will have less ability because the reve- Virginia, and I am sure the Senator international tax reform. If we take nues have been decreased over a 10-year from Maine will also be talking about things off the table now, the ability to period of $680 billion. I know my col- an area of agreement. The Senator bring those back to get the kind of leagues will speak to these issues. from West Virginia talked about our comprehensive tax reform we need in I want to make a final point. I am mortgaging our children’s future. That the long haul makes those challenges not sure of my colleagues’ stand on is the truth. more difficult. this, but it is of grave concern to me. I want to commend the Senators for Let me again build on Senator I supported the Affordable Care Act. I highlighting this mortgaging of our MANCHIN’s comments. I want to be re- think there are good things in it; I children’s future and the facts. I know spectful of my colleagues’ time and think there are problems that need to a couple of Senators supported my make this brief. As Senator MANCHIN be fixed. But one of the components of amendment to the budget process, lay- said, anybody in this body that tries to the Affordable Care Act that even its ing out the information. The only say this is all the Republicans’ fault or greatest critics point out is that it ac- thing I want to chime in on is to lay it is all the Democrats’ fault doesn’t tually was paid for. Some of those pay- out the truth of how severe this mort- know their history. There are no clean fors, we are paying for. They were pol- gaging of our children’s future is. One hands. icy choices; one in particular was the of the things I did in the budget proc- As Senator MANCHIN mentioned, the so-called Cadillac tax. The remarkable ess was to lay out a 30-year deficit pro- good news is we are actually at a rel- thing about the Cadillac tax was that jection by CBO, putting it in dollar for- atively low rate of annual deficit. The was the one point of agreement— mat. challenge is that, because of whether you are an economist on the The fact of the matter is, according unthoughtful behavior by those of us in left or the right—that not only would to CBO, over the next 30 years the pro- this Chamber and many that preceded it generate revenues for the so-called jection deficit is $103 trillion—about us, now the aggregate debt our Nation ACA, but it would also be one of the $10 trillion over the next decade, $28 faces is $18.5 trillion, and it will go up. most powerful reform packages to hold trillion in the second decade, and $65 I talked to a group of high school the overall cost of health care down. trillion in the third decade. We got students this morning and said: The Perhaps due to an election year rush that in the budget process to lay it out biggest challenge you are going to in- and because the pressure is on both over 30 years. In the budget process, we herit is this massive amount of debt. If sides, Congress is taking its proverbial also asked CBO to put this in as a 1- we are not careful, within a few years punt. Rather than fixing the Cadillac page income statement, to lay out the Federal Government of the United tax or rather than fixing the medical where that $103 trillion comes from. We States will be a social insurance party device tax, we are delaying the imple- have this 1-page income statement that and an army and nothing else. mentation of both of these revenue lays out revenue and deficit. The first Yesterday Senator CANTWELL spoke sources. two lines are Social Security and Medi- to this. I know the Federal Reserve ap- I will make a wager now with any care. Over the next 30 years, there will propriately started to inch up interest Senator in this body that while the be $14 trillion more in benefits paid out rates. With this aggregate debt—by the promise of this delay is only for 2 than is brought in by the payroll tax way, we just added $680 billion more to years, 2 years from now there will be into Social Security. It is a $34 trillion this debt over the next 10 years another reason to delay additionally. deficit in Medicare. The remainder of through these unpaid-for tax extend- In doing so, what we do is undermine that $103 trillion deficit is interest on ers—interest rates go up one percent- the financial legs as well as some of the the debt. age point. At 100 basis points, that is policy legs of the ACA, and in a State I want to commend the Democratic more than $140 billion. We can have such as mine where we have not ex- colleagues here who are so concerned $140, $150, $180, depending on how they panded Medicaid, we provide fodder to about the mortgage of our children’s collect it. But let’s take the conserv- those who want to delay the expansion future and these added deficits from ative, $140 billion a year of additional of Medicaid because they are afraid this tax extender package. It is a real spending off the top before we spend on that the Federal Government will not concern. We have been trying to find any other priority. That is more than honor its commitments. By delaying the areas of agreement that unify us. this government spends on the Depart- the implementation of these pay-fors, This is certainly one of those things. ment of Homeland Security and on the unfortunately, I think we strengthen We have to stop this process. Department of Education combined. their argument. I appreciate the Senator yielding So at some point we do have to say I thank both of my colleagues. They time. ‘‘no mas.’’ At some point—and I hope it are both dear friends—the Senator The PRESIDING OFFICER. The Sen- will be starting next year—we will step from West Virginia and the Senator ator from Maine. back and look at this holistically. Even from Maine. We have sometimes been Mr. KING. Madam President, I rise to though there are good policies in this lonely voices in our caucuses on these join my colleagues, including the Sen- extender package, the overall aggre- issues. ator from Wisconsin, to discuss what gate is a challenge. With that, I want to turn this over to we are going to be voting on tomorrow. Two last points. We worked on a my friend, the Senator from Maine— First, I should say I have no major transportation bill in this body. While who, like the Senator from West Vir- problem with the budget deal, with the I supported the policy goals when it ginia, has balanced budgets, has made omnibus. The process isn’t exactly was here on the stand-alone, I voted tough choices—to speak on the issue of what it should have been. We didn’t against it because the pay-fors were a the tax extenders and the omnibus, Mr. consider our 12 appropriations bills on hodgepodge that basically had nothing KING. the floor. However, the appropriations to do with transportation. It is re- Mr. KING. Madam President, I be- process did go through the committee markable to me as a businessman—not lieve the Senator from Wisconsin process, and it was a result of bi- as a Senator, but as a business guy. wants to make a comment before I do. cameral and bipartisan negotiations. You look at your balance sheet on your The PRESIDING OFFICER (Mrs. My problem is with the tax extenders expenditure side and your revenue side. FISCHER). The Senator from Wisconsin. part of the package. First, it is a dou- They are both spending. Purely from a Mr. JOHNSON. Madam President, I ble standard. For all of this year—and government standpoint, you are spend- was sitting in the chair and I was lis- we struggled in the Armed Services ing on the Tax Code or you are spend- tening to—— Committee and through the appropria- ing programmatically. When we spend Mr. MCCAIN. What is going on here? tions process—everything that had to

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.014 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8742 CONGRESSIONAL RECORD — SENATE December 17, 2015 be increased in spending for whatever Finally, these aren’t really tax cuts. Mr. MANCHIN. Madam President, my purpose had to be paid for. That was Tax cuts are when you lower taxes and colleague and dear friend from Vir- the standard. Everything has to be paid lower expenditures or raise other taxes ginia, Senator WARNER, has worked ex- for. We had to find offsets. Then all of so it is revenue neutral. If you cut tensively on trying to reform our Tax a sudden, we are considering a $680 bil- taxes in a time of deficit, which means Code. We had something called the lion hole in the deficit that doesn’t you have to simply borrow the dif- Simpson-Bowles Commission, which I have to be paid for. It is like we are all ference of what the revenues would think he took the lead on and was very concerned about the debt, except when have been, that is not a tax cut. That much instrumental. What does this do we aren’t. Frankly, as someone who is a tax shift. to give you the chance to basically fix has been here for a fairly short time, I We are simply shifting the taxes from the problems we have with the Tax find this puzzling. The rule ought to ourselves to our children. This bill Code? apply both ways, because tax expendi- should be called the ‘‘tax your grand- Mr. WARNER. It decreases our rev- tures, by the way, are what they are. children act’’ because we are cutting enue line going forward. It does take Republican and Democratic economists our own taxes, but we are borrowing some of the things, particularly in concede that the deductions, loopholes, the money that otherwise would be col- international tax reform, off the table. and changes in the Tax Code are called lected and our kids are going to have There are arguments that some of tax expenditures. That is what they to pay it back at some point with in- these being made permanent may are, because otherwise they would be terest. make it easier. I will give you an ex- revenues to the government. That is unethical. That isn’t right. If ample. The R&D tax credit is some- These are real dollars, and this is 5-year-olds knew what was going on thing that most of us on both sides of what has happened since the Tax Re- and could vote, we would be dead the aisle support. Here is the kind of form Act of 1986, when tax expenditures ducks, because that is who is bearing only-in-Washington math that takes represented about 5 percent of GDP. the burden of these policies. place. We are making permanent the Here we are today, and then the pack- What do we have to do to solve this? R&D tax credit and not paying for it. age we are talking about. We are going In some ways, it is simple and in other Yet, if next year we decided to cut up into this area. This is almost 8 per- ways it is hard. Conceptually it is sim- back on the R&D tax credit, that would cent of GDP. This is a huge outlay that ple. We have to bring expenditures and be viewed as additional revenue to the is like new mandatory spending. It revenues into balance. That means bottom line, even though the cost of it happens automatically. It doesn’t have looking at the whole course of Federal has never been built in. Again, people to be reviewed every year. There is no revenues and also Federal investments, who maybe are watching might say: I assessment of whether these expendi- and we also have to make investments don’t understand that accounting. tures are effective or not, and some of to make our economy grow. Let me assure you: If you ques- them obviously are. The best solution to this deficit prob- tioning that accounting, then welcome I have no problem with many of the lem is a growing economy. But ulti- to Washington, DC, and Federal Gov- items that are in here—mortgage inter- mately for me, this is an issue of eth- ernment accounting and budget lines. est deduction, health care interest de- ical stewardship. Tom Brokaw wrote I think this will make it more chal- duction. But some of them deserve con- the famous book ‘‘The Greatest Gen- lenging. There are some benefits, as I sideration, just as our budgets deserve eration.’’ They fought World War II, said earlier—predictability to our busi- consideration. This is on automatic sacrificed, built the Interstate High- ness community. I would echo what the pilot. This is a kind of new mandatory way System, and built the economy Senator from Maine has said. At the spending. The other piece is that we that we are running on today—the end of the day, we are simply transfer- are deepening the debt hole. This is the greatest generation. ring the obligations from our responsi- percent of GDP of spending, and these I shudder to think what would be the bility to that of our kids and are revenues. This is the deficit. This is case if Tom Brokaw wrote a book grandkids. Long term, that is not the debt. That is what is killing us in about our generation, which is bor- going to give them the same kind of the long run. rowing and is not keeping our infra- country that we all inherited. There is a tremendous interest rate structure up, is not adequately pro- Mr. MANCHIN. As we finish up on risk here—as the Senator from Vir- viding for the common defense, and is the colloquy here, the House is going ginia pointed out. We are now at his- shifting the cost from us to our chil- to vote twice. They are going to vote torically low interest levels. In living dren. That is not stewardship; that is on the extenders bill and the omnibus memory, I don’t know a time when in- intergenerational theft. That is what bill. For the second time, we are going terest rates have been as low as they we are engaged in here. to roll them into one in the Senate. We are. For every point that interest rates We are going to have one vote tomor- will not have the opportunity to vote go up with an $18 trillion debt, the cost row. I intend to vote for the bill be- twice. The omnibus bill is something to the Treasury is $180 billion. The cause I believe in the budget section, that I could have supported. The ex- math isn’t that complicated. If interest but I am very uncomfortable with the tenders bill is absolutely something I rates go up to 5 percent, just interest tax extender section. I don’t have pol- cannot support, for the future of our payments on this $18 trillion debt will icy problems with many of those tax country and our children. It is a shame be $900 billion a year. So 90 percent of extenders. I do have a fundamental that we don’t have a separate vote. our current total discretionary budget problem if they are not paid for. I don’t With that, I thank the Senator from would go to interest payments. It think it is honest for us to go home and Maine and the Senator from Virginia would swamp the defense budget. It say that we cut your taxes when our for this colloquy. would swamp the discretionary budget. grandchildren are going to have to pay With that, we yield the floor. Yet we are tiptoeing along the edge of those bills with interest. The PRESIDING OFFICER. The Sen- this precipice. That is the point that I think needs ator from Arizona. If interest rates go up with an $18 to be made about this, not that we are Mr. MCCAIN. Madam President, I ask trillion debt, we are in real financial going to be able to stop this train that unanimous consent to address the Sen- trouble. The second problem with this is going to be coming through here in ate in morning business and take as huge debt is it gives us no room for the next 24 hours, but that we really much time as I may consume. slack. It gives us no room for an emer- need to talk next year about serious The PRESIDING OFFICER. Without gency, for a recession, for hostilities, tax reform, about trying to balance objection, it is so ordered. for a major terrorist attack and its ef- revenues and expenditures and putting f fect on our economy. We have no cush- this country on a financial path, on a ion because we have used the cushion fiscal path that is sustainable and re- PRESIDENTIAL STRATEGY TO up. We continue to use it up, even when sponsible. DEFEAT ISIL the economy improves. This $18 trillion I yield the floor. Mr. MCCAIN. Madam President, 70 some day is going to have to be paid The PRESIDING OFFICER. The Sen- years ago, a group of American leaders back. ator from West Virginia. forged the rules-based international

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.017 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8743 order out of the ashes of World War II. gional base in eastern Afghanistan as He said that control of the four districts— Those who were there recall that they it attracts more followers and foreign Achin, Nazyan, Bati Kot and Spin Gar—had were ‘‘present at the creation.’’ We fighters. seesawed between the two groups. may well look back at 2015 and realize Madam President, I ask unanimous The revelation in July that the Taliban’s consent that an article detailing the founder and leader, Mullah Mohammad Omar we were present at the unravelling. We had been dead for more than two years has were present at the unravelling. AP interview titled ‘‘U.S. general says led to deep fissures in the leadership, and in- At the beginning of this year, Presi- the number of Afghan IS loyalists fighting between rival Taliban factions that dent Obama was still committed to de- growing,’’ be printed in the RECORD. Campbell said had left hundreds dead. grading and ultimately destroying There being no objection, the mate- Campbell, who took control of U.S. and ISIL. He had warned: If left unchecked, rial was ordered to be printed in the NATO forces in Afghanistan in mid–2014, said ISIL could pose a growing threat be- RECORD, as follows: splits among the Taliban, who have been try- yond the Middle East, including to the [From The Associated Press, Dec. 15, 2015] ing to overthrow the Afghan government since their regime was driven from power in United States. In 2015, that is exactly U.S. GENERAL SAYS THE NUMBER OF AFGHAN 2001 by the U.S. invasion, could make the IS LOYALISTS GROWING what happened in Paris and San fight even harder in 2016. Bernardino, and it will not be the last. (By Lynne O’Donnell) ‘‘The prize really is Kandahar, that’s their I promise my colleagues that under KABUL, AFGHANISTAN.—Supporters of the strategic goal,’’ he said, referring to the this administration, with the present Islamic State group in Afghanistan are at- southern province from where the Taliban policy and lack of strategy, there will tempting to establish a regional base in the emerged after Afghanistan’s vicious civil be other attacks on the United States eastern city of Jalalabad, the commander of war ended in 1996. of America. I deeply regret having to U.S. and NATO forces in Afghanistan, Gen- Neighboring Helmand province, where eral John Campbell, said on Tuesday. say that, but I owe it to my constitu- most of the world’s opium is produced, is In an interview with The Associated Press, currently the scene of fierce battles for con- ents and Americans whom I know and Campbell said that ‘‘foreign fighters’’ from trol of strategically important districts, in- respect to tell them the truth. Syria and Iraq had joined Afghans who had cluding Marjah. More than 1 year into the campaign declared loyalty to the group in the eastern Taliban fighters took control of the north- against ISIL, it is impossible to assert province of Nangarhar, bordering Pakistan. ern city of Kunduz in September, for just that ISIL is losing and that we are win- He said there were also ‘‘indications’’ that three days before the Afghan military, ning. And if you are not winning in this the IS supporters in Nangarhar were trying backed by U.S. forces, pushed them out. kind of warfare, you are losing. Stale- to consolidate links with the group’s leader- Campbell said he did not believe the ship in Syria and Iraq. mate is not success. Taliban had planned to hold or govern The Islamic State group controls about a Kunduz, but the psychological impact of the We asked the witnesses before the third of Iraq and Syria. Fighters loyal to the Senate Armed Services Committee the city’s fall had been enormous. Jalalabad, he group in Afghanistan include disaffected Af- said, ‘‘is not going to fall.’’ following question: Is ISIS contained? ghan and Pakistani Taliban who have fought Afghan forces, ‘‘challenged in many areas, It is not. ISIS is not contained, con- fierce battles with the Taliban in recent understand the impact of Kunduz,’’ he said. trary to the statements—bizarrely— months. ‘‘I think they will make the right adjust- Afghan officials have said that IS sup- made by the President of the United ments so that it (Jalalabad) doesn’t become porters control a number of border districts another Kunduz.’’ States literally hours before the attack in Nangarhar and have a presence in some on San Bernardino. other southern provinces, including Zabul Mr. MCCAIN. It says: ‘‘Supporters of This year our Senate Armed Services and Ghazni. the Islamic State group in Afghanistan Committee held several hearings spe- Until now, however, it was unclear whether are attempting to establish a regional cifically focused on the threat of ISIL, loyalists in Afghanistan had institutional base in the eastern city of Jalalabad, including three hearings specifically links to the group’s leadership. the commander of U.S. and NATO Many of those who had declared allegiance with Secretary of Defense Ash Carter. forces in Afghanistan, General John We heard about nine lines of effort. We to IS were ‘‘disenfranchised Taliban’’ from both sides of the border, Campbell said. But, Campbell, said on Tuesday.’’ heard about three ‘‘arrrghs.’’ We never he added, ‘‘they’ve been reaching out. I’m The Wall Street Journal reports that heard a plausible theory of success, nor sure there are folks who have come from ISIL has expanded in Libya and estab- a strategy to achieve success. What do Syria and Iraq—I couldn’t tell you how many lished a new base close to Europe, I mean by that? There is no time line but there are indications of some foreign where it can generate oil revenues and on when Mosul, the second largest city fighters coming in there. plot terror attacks. ‘‘But they don’t have the capability right in Iraq, will be taken. There is no Madam President, I ask unanimous strategy to take Raqqa. Raqqa is the now to attack Europe, or attack the home- land, the United States. But that’s what consent that the Wall Street Journal base of the caliphate. Raqqa is the they want to do, they’ve said that’s what article entitled ‘‘Islamic State place where the attacks are being they want to do,’’ he said. Tightens Grip on Libyan Stronghold of planned and orchestrated. We have During the summer months, Taliban and Sirte’’—the hometown, by the way of news reports that they are developing IS loyalists fought fierce battles in the far Muammar Qadhafi—be printed in the chemical weapons in Raqqa. This is the eastern districts of Nangarhar, with resi- RECORD. first time that a terrorist organization dents reporting a range of atrocities, includ- There being no objection, the mate- has had a base, a caliphate, from which ing arbitrary imprisonment, forced mar- riages for young women, and beheadings. rial was ordered to be printed in the to operate. What has happened? They The IS loyalists have said they want to ab- RECORD, as follows: are expanding globally. sorb Afghanistan into a larger province of its [From the Wall Street Journal, Nov. 29, 2015] By the way, they have lost some of ‘‘caliphate’’ called Khorasan. Campbell said their territory on the margin. Hope- ISLAMIC STATE TIGHTENS GRIP ON LIBYAN the group wants to establish a base in STRONGHOLD OF SIRTE fully, one of these days, Ramadi will Nangarhar’s provincial capital, Jalalabad fall to our forces, even though there ‘‘as the base of the Khorasan province’’ and (By Tamer El-Ghobashy and Hassan Morajea) have only been a few hundred ISIL ‘‘work their way up into Kunar’’ province there for the last few weeks. immediately north. MISRATA, LIBYA.—Even as foreign powers step up pressure against Islamic State in The fact is that ISIL has expanded The first credible reports of an IS presence in Afghanistan emerged earlier this year in Syria and Iraq, the militant group has ex- its control in Syria; it continues to northern Helmand, though recruiters be- panded in Libya and established a new base dominate Sunni Arab areas in both lieved to have had links to the leadership in close to Europe where it can generate oil Iraq and Syria; it maintains control of Syria were killed by U.S. drone strikes in revenue and plot terror attacks. key cities such as Mosul, Fallujah, and February. Since announcing its presence in February Ramadi; and efforts to retake these The presence in Nangarhar became clear in in Sirte, the city on Libya’s Mediterranean territories have stalled, at least to the summer, when IS loyalists launched bat- coast has become the first that the militant some degree. tles against the Taliban in the border re- group governs outside of Syria and Iraq. Its Meanwhile, ISIL is expanding glob- gions. For months, the Afghan forces—occu- presence there has grown over the past year pied with fighting elsewhere—had let the two from 200 eager fighters to a roughly 5,000– ally. On Tuesday, GEN John Campbell, groups fight each other, Campbell said. ‘‘If strong contingent which includes adminis- commander of U.S. and NATO forces in the Taliban and ISIL want to kill each other, trators and financiers, according to esti- Afghanistan, told the Associated Press let them do it,’’ he said, using an alternative mates by Libyan intelligence officials, resi- that ISIL is seeking to establish a re- acronym for the Islamic State group. dents and activists in the area.

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.018 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8744 CONGRESSIONAL RECORD — SENATE December 17, 2015 The group has exploited the deep divisions dictator Moammar Gadhafi in 2011. Misrata, a young cleric who opposed the radicals. in Libya, which has two rival governments, 150 miles west of Sirte, has recently come Militants publicly crucified several people to create this new stronghold of violent reli- under sporadic Islamic State attacks. who participated in the revolt and con- gious extremism just across the Mediterra- Members of Misrata’s militias, who are fiscated homes. nean Sea from Italy. Along the way, they loosely under the control of the western gov- The brutality moved the internationally scored a string of victories—defeating one of ernment in Tripoli, say they lack the sup- recognized government in eastern Libya to the strongest fighting forces in the country port to mount an offensive against Islamic plead for military intervention by Arab na- and swiftly crushing a local popular revolt. State. Earlier this month, the Tripoli gov- tions and a lifting of a U.N. arms embargo on Libya’s neighbors have become increas- ernment forced the Misrata militias into a Libya in effect since 2011. But the support ingly alarmed. humiliating prisoner swap with Islamic never came. Tunisia closed its border with Libya for 15 State. Unlike in Syria, the group has struggled to days on Wednesday, the day after Islamic ‘‘There will be no meaningful action with- provide basic services. Gas stations are dry State claimed responsibility for a suicide out a political agreement,’’ said Abdullah al- and residents are expected to smuggle in bombing on a bus in the capital Tunis that Najjar, a field commander with the Brigade their own fuel—as long as it is not con- killed 12 presidential guards. 166, an elite Misrata militia that engaged in fiscated by Islamic State. Tunisia is also building a security wall a protracted fight with Islamic State on the Hospitals have been abandoned after Is- along a third of that border to stem the flow outskirts of Sirte earlier this year. ‘‘You lamic State ordered male and female staffers of extremists between the countries. Two have to know you’re going to war with a gov- be segregated. The ill must travel miles to previous attacks in Tunisia this year that ernment that is going to back you.’’ other cities for treatment, a trip that is killed dozens of tourists were carried out by This month, the U.S. launched an airstrike often accompanied by difficult questioning gunmen the government said were trained by against Islamic State in Libya, its first and searches at Islamic State checkpoints. Islamic State in Libya, which has recruited against the group outside of Syria and Iraq. ‘‘No services, just punishment,’’ said Omar, hundreds of Tunisians to its ranks. Officials said they believe the strike killed a 33–year-old civil engineer who fled Sirte This burgeoning operation in Libya shows one of the top deputies of Islamic State lead- after taking part in the failed uprising how Islamic State is able to grow and adapt er Abu Bakr al-Baghdadi. The deputy, Abu against Islamic State. ‘‘Sirte has gone even as it is targeted by Russian, French and Nabil al-Anbari, had been sent to Libya last dark.’’ U.S.-led airstrikes in Syria as well as Kurd- year to establish the group’s presence there. Despite the challenges, Islamic State has ish and Iraqi ground assaults in Iraq. In recent weeks, a flood of foreign recruits big plans for Sirte. A recent edition of their On Thursday, nearly two weeks after Is- and their families have arrived in Sirte—an- propaganda magazine, Dabiq, featured an lamic State’s attacks on Paris, French Presi- other indication the group is becoming in- interview with Abu Mughirah al-Qahtani, dent Franc¸ois Hollande and Italian Prime creasingly comfortable in its North African who was described as ‘‘the delegated leader’’ Minister Matteo Renzi met in the French base, according to residents and activists for Islamic State in Libya. He vowed to use capital where both said Europe must turn its from Sirte and Libyan military officials. Libya’s geographic position—and its oil re- attention to the militants’ rise in Libya. Mr. Islamic State has called on recruits to serves—to disrupt Europe’s security and Renzi said Libya risks becoming the ‘‘next travel to Libya instead of trying to enter economy. emergency’’ if it is not given priority. Syria, while commanders have repatriated About 85% of Libya’s crude oil production In Libya, Islamic State has fended off chal- Libyan fighters from Syria and Iraq, Libyan in 2014 went to Europe, with Italy being the lenges from government-aligned militias and intelligence officials said. largest recipient. About half its natural gas called for recruits who have the technical ‘‘Sirte will be no less than Raqqa,’’ is a production is exported to Italy. know-how to put nearby oil facilities into mantra often repeated by Islamic State lead- ‘‘The control of Islamic State over this re- operation. Libyan officials said they are wor- ers in the Libyan city during sermons and gion will lead to economic breakdowns,’’ the ried it is only a matter of time before the radio broadcasts, several residents and an ac- leader of the Libyan operation said, ‘‘espe- radical fighters attempt to take over more tivist from the city said. Raqqa is the cially for Italy and the rest of the European oil fields and refineries near Sirte to boost group’s self-declared capital in Syria. states.’’ their revenues—money that could fund at- Like its mother organization in Syria, Is- Mr. MCCAIN. It states: ‘‘Even as for- tacks in the Middle East and Europe. lamic State has appointed foreign ‘‘emirs’’ in eign powers step up pressure against Is- Sirte is a gateway to several major oil Sirte to administer its brutal brand of social lamic State in Syria and Iraq, the mili- fields and refineries farther east on the same control. Music, smoking and cellphone net- coast and Islamic State has targeted those works have been banned while women are tant group has expanded in Libya and installations in the past year. only allowed to walk the streets in full established a new base close to Europe ‘‘They have made their intentions clear,’’ cover. Morality police patrol in vehicles where it can generate oil revenue and said Ismail Shoukry, head of military intel- marked with Islamic State’s logo and courts plot terror attacks.’’ ligence for the region that includes Sirte. administering Islamic law, or Shariah, as Libya is an oil-rich country—a very ‘‘They want to take their fight to Rome.’’ well as prisons have been set up. oil-rich country. If you let ISIS get Islamic State is benefiting from a conflict With a population of about 700,000, Sirte control of Libya, my friends, they will that has further weakened government con- was long known for being Gadhafi’s home- have unlimited sources of revenue. trol in Libya. For nearly a year, the U.S. and town and a stronghold of his supporters. The Wall Street Journal: ‘‘Its pres- European powers have pointed to the Islamic Soon after Libya’s uprising ended more State threat to press the rival governments than four decades of Gadhafi’s rule, he was ence there has grown over the past to come to a power-sharing agreement. De- killed in Sirte by fighters from Misrata. year from 200 eager fighters to a rough- spite a United Nations-brokered draft agree- Earlier this month, Islamic State reopened ly 5,000-strong contingent which in- ment for peace announced in October, nei- schools in the city, segregating students by cludes administrators and financiers, ther side has taken steps to implement it. gender and strictly enforcing an Islamic according to estimates by Libyan intel- A new U.N. envoy, Martin Kobler, was ap- State approved curriculum. On Fridays, the ligence officials, residents and activists pointed this month to break the stalemate, traditional day of communal prayer, the in the area.’’ part of efforts to find a political solution to group organizes public lectures and residents By the way, during these debates, I counter the extremists’ expansion. are often herded into public squares to wit- ‘‘We don’t have a real state. We have a ness executions and lashings of those who will comment a little bit on it—that fragmented government,’’ said Fathi Ali run afoul of the strict rules. those who are against any intervention Bashaagha, a politician from the city of The seeds of Islamic State’s growth in cite Libya as the case for not going in. Misrata who participated in the U.N.-led ne- Libya were planted after Gadhafi’s ouster. In Facts are a stubborn thing. The fact is, gotiations. ‘‘Every day we delay on a polit- the almost exclusively Sunni Muslim Libya, Muammer Qadhafi was at the gates of ical deal, it is a golden opportunity for Is- the Sunni extremist group exploited tribal Benghazi and was going to slaughter lamic State to grow.’’ and political rifts that lingered after the thousands of people. We brought about Since early 2014, two rival factions have strongman’s death, particularly around his downfall and walked away. If we ruled Libya, effectively dividing the country. Sirte. In the east, an internationally recognized Islamic State lured extremists from other had walked away from Japan and Ger- government based in the town of Tobruk has groups under the Islamic State umbrella. many after World War II, it would have won the backing of regional powers Egypt By June, Brigade 166, one of western collapsed. If we had walked away from and the United Arab Emirates. In the west, Libya’s strongest armed brigades, abandoned Korea, where we still have 38,000 an Islamist-leaning government based in a months long battle with the militants on troops, it would have collapsed. If we Tripoli has relied on Misrata fighting forces Sirte’s outskirts. In August, Islamic State had walked away from Bosnia, it would for political legitimacy. cemented their grip on the city, bringing the have collapsed. Islamic State militants have successfully last holdout district under their control, of- taken on and defeated myriad Libyan armed ficials and residents said. I am telling you, my colleagues, we factions, including the powerful militias Islamic State crushed an armed uprising in walked away. This President and this from Misrata which were the driving force August in three days. It was sparked by local administration did not do the things behind the revolt that unseated longtime residents angered over the group’s killing of necessary after the fall of Qadhafi to

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.003 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8745 build a democracy, and the people of copters in future operations, which are ex- special operations task force, which is to Libya wanted it, and I can tell you pected to be especially challenging as Iraqi number fewer than 100. Seeking to reassure that for sure because I was there. One forces look toward the battle for Mosul, the prime minister, Mr. Carter said the task of the great tragedies of the 21st cen- Iraq’s second-largest city, which was cap- force’s operations would require the approval tured in June 2014 by the Islamic State, also of the Iraqi authorities. He suggested that tury is our failure to act in a way to known as ISIS or ISIL. some of its missions would take place near help the Libyan people transition from Mr. Carter also insisted that neither Lt. the Iraqi border with Syria, where they all of those years of being under a bru- Gen. Sean B. MacFarland, the American would receive less attention than those car- tal leader. military commander who is leading the cam- ried out near the Iraqi capital. By the way, he was also responsible paign against the Islamic State in Iraq and ‘‘Everything we do, of course, is subject to for the deaths of Americans in a bar in Syria, nor the Iraqi prime minister believed the approval of the sovereign Iraqi govern- Berlin and an airliner being shot down. that the Apaches were needed ‘‘right now’’ to ment,’’ Mr. Carter said at the start of his meeting with Mr. Abadi, which also included Yet we should have left him in power? win back Ramadi, the capital of Iraq’s Anbar Province, which is the site of protracted Khaled al-Obeidi, Iraq’s defense minister, Sure we should have. fighting between Islamic State militants and and Lt. Gen. Taleb Shegati al-Kenani, who ISIL is operating in Lebanon, Yemen, Iraqi ground troops. heads Iraq’s counterterrorism service. and Egypt, and other radical Islamic But Mr. Carter told Congress just a week ‘‘Our progress in Ramadi is a huge progress groups, such as Boko Haram in Nigeria ago that the United States had offered to and added to it the progress in Baiji,’’ Mr. and al-Shabaab in Somolia, have have American-piloted Apaches fight with Abadi said in English, referring to a town pledged allegiance to ISIL. This ap- Iraqi forces as the Iraqi Army sought to that is the site of a strategic oil refinery in pearance of success only enhances complete its capture of the city. The United northern Iraq. States, he noted, has also offered to deploy American military officials have painted a ISIL’s ability to radicalize, recruit, and American advisers with Iraqi brigades on the generally positive picture of the Iraqi mili- grow. battlefield instead of restricting them to tary’s push to take Ramadi, but Iraqi troops There has been some progress. I was bases inside Iraq, another proposal the Iraqis were involved in pitched fighting on Tuesday recently in Iraq, and the operation to have yet to accept. as Islamic fighters counterattacked. retake Sinjar was important. Iraqi ‘‘The United States is prepared to assist The city, which is believed to be occupied forces, as I mentioned, have closed in the Iraqi Army with additional unique capa- by several hundred militants, has been sur- on Ramadi for weeks. They haven’t fin- bilities to help them finish the job, including rounded by about 10,000 Iraqi troops. Tens of thousands of civilians are believed to be ished the job. Our counterterrorism op- attack helicopters and accompanying advis- ers, if circumstances dictate and if requested trapped in the town, and Islamic fighters erations are taking a lot of ISIL fight- by Prime Minister Abadi,’’ Mr. Carter told have shot at some who have tried to flee, ac- ers off the battlefield in Iraq and Syria. the Senate Armed Services Committee. cording to American officials. All of this represents tactical progress, The meeting between the American de- In their Tuesday counterattack, Islamic and it is a testament to our civilian fense secretary and the Iraqi prime minister State militants took a bridge northwest of and military leaders, who are out- underscored two factors shaping the Amer- the city that spans the Euphrates, which the standing, as well as thousands of U.S. ican-led campaign against the Islamic State Iraqi Army had previously occupied. At the same time, militants sent several car bombs troops helping to take the fight to ISIL in Iraq: the Obama administration’s reluc- tance to significantly expand the role of and a small group of fighters to attack the every day. I would like to point out American troops in Iraq, and the reluctance Anbar Operations Center, the Iraqi command that significant challenges remain. of Iraq’s Shiite-dominated government to ac- that is overseeing the Ramadi campaign As a direct result of President cept highly visible forms of American mili- from north of the city. Obama’s decision to withdraw all U.S. tary support in the face of pressure from Both attacks were beaten back as Amer- forces from Iraq and squander hard- hard-line Shiite politicians and the Iranians. ican airstrikes enabled the Iraqi military to won American influence, the Iraqi Gov- It also raised questions about the Obama retake the bridge. Two Iraqi soldiers were administration’s plans to intensify its cam- killed as were several dozen Islamic State ernment is weak and beholden to Iran. fighters, American officials said. By the end I tell my colleagues, have no doubt paign against the Islamic State militants. In recent weeks, the Pentagon has spoken of of Tuesday, both sides were back where they what the dominant influence in Iraq is the ‘‘accelerants’’ it is planning to introduce had started. It was unclear when Iraqi troops today: It is the Iranians. There was no to hasten the demise of the Islamic State. might break through the Islamic State’s more vivid example of this than when The Iraqi government, however, has yet to belts of improvised explosive devices and it was reported that Iraqi Prime Min- embrace two of the important other defenses and push into the heart of the ister al-Abadi turned down Secretary ‘‘accelerants’’—the Apaches and the deploy- city. of Defense Ash Carter’s offer of new ment of American advisers in the field. Mr. MCCAIN. I met with Prime Min- military assistance, including the use Mr. Carter disclosed the Apache offer to ister al-Abadi in Iraq. He is a good of Apache helicopters and Special Op- American lawmakers after it had been con- man. He knows he needs this help, but veyed privately to Mr. Abadi. Iraqi officials because of the dominating influence of erations forces to help recapture said the public nature of Mr. Carter’s state- Ramadi. ments, which appear intended to reassure Iran and Shia militias in Iraq, he Madam President, I ask unanimous Congress that the Obama administration was turned it down anyway. consent that an article titled ‘‘Iraq De- stepping up its efforts against the Islamic General McFarland, one of the great- clines Offer of U.S. Helicopters for State, put the prime minister, who has al- est generals I have met—he is up there Fight Against ISIS, Pentagon Chief ready been weakened by a series of bruising in the category of David Petraeus—is Says’’ from the New York Times be struggles with his political rivals, in a dif- leading the fight against ISIL. He re- ficult spot. printed in the RECORD. acted with a very interesting comment. ‘‘This is a very complex environment,’’ He said: ‘‘This is a very complex envi- There being no objection, the mate- General MacFarland said, somewhat philo- rial was ordered to be printed in the sophically. ‘‘It is kind of hard to inflict sup- ronment. It is kind of hard to inflict RECORD, as follows: port on somebody.’’ support on somebody.’’ What General [From the New York Times, Dec. 16, 2015] According to United States officials, the McFarland is saying is that because of Pentagon’s offer to support Iraqi forces with IRAQ DECLINES OFFER OF U.S. HELICOPTERS the Iranian dominant influence, the American Apaches was more qualified than FOR FIGHT AGAINST ISIS, PENTAGON CHIEF Iraqis, as a body, are reluctant to ac- it first appeared. Military commanders SAYS cept the help they need to retake the would have the authority to use the attack (By Michael R. Gordon) second largest city in Iraq. The second helicopters if Mr. Abadi agreed to their use largest city in Iraq, Mosul, is under BAGHDAD.—Prime Minister Haider al-Abadi and the risks of using them were judged to of Iraq declined to take up the Pentagon on be acceptable. ISIS control, and he knows full well its recent offer to speed up the fight against The deployment of Apaches in riskier situ- that Apache helicopters and Special Islamic State fighters in Ramadi with the ations would require further White House re- Operations forces could help him do help of American attack helicopters, offi- view, even if Mr. Abadi approved, United that. But who is telling him not to? cials said on Wednesday. States officials added. The Iranians. ‘‘The prime minister did not make any spe- American officials also said it would take When I was there, we met with the cific requests in connection with heli- weeks to deploy the advisers who would ac- Prime Minister of Iraq, Mr. al-Abadi, copters,’’ Defense Secretary Ashton B. Car- company Iraqi brigades on the battlefield ter told reporters after he met with the Iraqi even if Mr. Abadi were to agree to their pres- and he said: If you Americans come and leader here. ence. you lose one pilot or one plane, you Mr. Carter made it clear that Mr. Abadi One important measure has been accepted will leave. That was the opinion of the had not ruled out the use of the Apache heli- in principle by Mr. Abadi: a new American Prime Minister of Iraq, and one of the

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.021 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8746 CONGRESSIONAL RECORD — SENATE December 17, 2015 reasons—along with the Iranian influ- Raqqa and take them out. As long as and slaughter innocent people. ‘‘How- ence—is because there is no trust or Raqqa exists, they will be able to ex- ever unpalatable his conduct of the confidence of the United States in Iraq port this evil throughout the world, in- war. . . . ’’ This kind of Orwellian un- or in the region. cluding to the United States of Amer- derstatement not only obscures the It comes as no surprise that the ica. There is no plan by this adminis- truth, but it cripples the conscience. training of Iraqi security forces has tration to retake Raqqa. There is no My friends, it cripples the conscience. been slow. The building of support for strategy, and that is, indeed, shameful. Bashar Assad’s conduct of the war, the Sunni tribal forces has been even The war against ISIL was American- the barrel bombs, chemical weapons, slower. ISIL captured Mosul in June of ized when ISIL inspired terrorists who slaughtering women and children, not 2014, and at the end of 2015, ISIL still murdered 14 Americans on our own soil only killed one-quarter of a million controls the second largest city in Iraq. in San Bernardino. This attack should people, it is what gave rise to ISIL to How do you think the families of those be a wake-up call and we need a strat- start with, and it is what fuels them brave Americans who have sacrificed egy, as I mentioned. In Syria, there is still. themselves and those individuals who no plausible strategy to achieve this Secretary Kerry seems not to under- are still at Walter Reed feel after the goal on anywhere near an acceptable stand that fact. While in Moscow sacrifices they made and the victories time line. We were briefed that it searching for ‘‘common ground’’ with they won? Now, of course, we see all of would be a year before they retake Russia on Syria and Ukraine, Sec- that is gone—just a glimmering— Mosul. There is no time limit on how retary Kerry said—and I am not mak- thanks to the President of the United they could even approach regaining ing this up; I am telling my colleagues, States withdrawing all of our troops in Raqqa. There is no ground force that is I am not making this up—‘‘Russia has the mistaken belief that if you pull out both willing and able to retake Raqqa, been a significant contributor to the of wars, wars end. They don’t end. It is nor is there a realistic prospect of one progress’’ the world has made on Syria. hard to talk to the Gold Star Mothers. emerging anytime soon. The Syrian Was Russia making progress when it Meanwhile, the Financial Times re- Kurds could take Raqqa but won’t, and bombed U.S.-backed Syrian forces ports that ISIL is still making $1.5 mil- the Syrian Sunni Arabs want to but fighting the Assad regime or was that lion a day in oil sales. Worse, Reuters can’t, partly due to our failure to sup- when it took a brief pause from bomb- reports that ISIL has made more than port them. ing Syrian moderates to indiscrimi- $500 million trading oil, with signifi- Meanwhile, the administration has nately drop dumb bombs in ISIL’s ter- cant volumes sold to—guess who. Guess continued its inaction and indifference ritory in eastern Syria, killing untold who ISIL is selling oil to. The govern- and has allowed Bashar al-Assad to numbers of civilians? Is that the Rus- ment of Syrian President Bashar al- slaughter a quarter of a million people. sian ‘‘significant’’ contributions? Assad. It is hard to make some of this Have no doubt who is responsible for Secretary Kerry then said: ‘‘The stuff up, and it gets a little com- these millions of refugees; his name is United States and our partners are not plicated. Bashar al-Assad, the godfather of ISIS. seeking so-called regime change.’’ The We are now making nice—and I will He is the one who has barrel-bombed focus now is ‘‘not on our differences talk a little bit more about it later— thousands and thousands of his people. about what can or cannot be done im- with Bashar al-Assad and their stew- Bashar al-Assad used poison gas and mediately about Assad’’—i.e., Dear Mr. ards, the Russians and the Iranians. crossed the redline, we might recall. It Assad, here is a blank check. Here is Meanwhile, Bashar al-Assad is buying is Bashar al-Assad who continues the your card. Do whatever you want to. oil from—at least $1.5 million a day— butcher of his own people. Do whatever you want to. Continue from ISIL. I will get to what Secretary Kerry your barrel bombing, continue your Even as an Oval Office speech and a has had to say in a minute. torture, and continue the war crimes Pentagon photo op failed to reassure The administration continues its pol- that you have committed. You have the American people, this administra- icy of inaction and indifference. It has only killed 250,000 of your own people. tion has doubled down on its indecisive allowed Vladimir Putin to intervene Drive some more into exile and murder approach to ISIL, using limited means militarily and protect this murderous more. and indirect ways to achieve aspira- regime. At the beginning of this year, this tional ends on a nonexistent timeline. My friends, the last time the Rus- administration still believed that The administration now admits we are sians had influence in the region was Assad must go, but now, as one official at war with ISIL—wonderful—but pro- when Anwar Sadat threw them out in said, ‘‘the meaning of ‘Assad has to go’ ceeds at every turn to minimize any 1973. Now they are back. Now they are has evolved.’’ American role in fighting and winning major players in the Middle East. This I repeat, the administration official that war. America has never waged is the headline from the Associated said ‘‘the meaning of ‘Assad has to go’ anything we have called to war and Press yesterday: ‘‘Russian Airstrikes has evolved.’’ This kind of Orwellian then so profoundly limited our role in Restore Syrian Military Balance of double-speak has become all too com- the hope that some other force will Power.’’ The airstrikes of the Russians mon in the administration and is ex- emerge to win it for us. The adminis- have taken out significant capabilities actly why our allies and partners tration says we cannot ‘‘Americanize’’ of the moderate resistance—not ISIS around the world are losing confidence the conflict. but the moderates whom we had in American leadership. I also want to point out that the trained and equipped and we refused to A very seminal event happened the President has a unique and really dis- protect. day before yesterday, my friends, that honest approach to those of us who I quote from the Associated Press will be the best indicator of what I am have said for a long time that we have story, ‘‘Russian Air Strikes Restore saying. Thirty-four Muslim nations to have more involvement and pre- Syrian Military Balance of Power.’’ formed an alliance to fight terrorism; dicted what would happen. Unfortu- Weeks of Russian airstrikes in Syria ap- i.e., ISIL, and the United States of nately, we have been wrong by saying, pear to have restored enough momentum to America didn’t even know about it. yes, the ‘‘popoffs’’—as he called us in a the government side to convince President They didn’t even tell the United States speech from the Philippines—want to Bashar Assad’s foes and the world commu- of America that they were forming send hundreds of thousands of troops. nity that even if he doesn’t win the war he their own organization with their own That is a total falsehood. I will repeat cannot quickly be removed by force. That re- strategy, their own tactics, to fight alization combined with the growing sense again what we have been asking for for that the world’s No. 1 priority is the destruc- against ISIS? My friends, that is an in- years, and that is another 5,000 or so tion of the Islamic State group, has led credible statement about the total loss Americans on the ground in Iraq and a many to acknowledge that however of American influence and prestige in multinational force led by the Sunni unpalatable his conduct of the war, Assad the region. Arab countries with European partici- will have to be tolerated for at least some- I have had more than one leader in pation—I would hope that people like time further. the Middle East tell me: ‘‘Sometimes the French would join in a—about Let’s get this straight. Assad will be we think that it is better to be Amer- 10,000 of 100,000-person force to go to tolerated to continue to barrel bomb ica’s enemy than its friend.’’

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.022 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8747 So why has the meaning of ‘‘Assad into that because the Defense author- Alan’s behalf with Cuban and U.S. offi- has to go’’ evolved? Because this ad- ization bill calls for the provision of cials. My foreign policy adviser, Tim ministration was overpowered, out- defensive weapons to Ukraine. Rieser, went down several times to played, and outmatched. This adminis- One of the more shameful chapters— boost Alan Gross’s morale, visiting him tration consoled themselves with the although they have written more in prison and bringing him messages. mantra of ‘‘there is no military solu- shameful chapters—but one that is My larger purpose, like my good tion’’ rather than facing the reality really shameful is our failure to pro- friend from Arizona Senator FLAKE, that there is a clear military dimen- vide defensive weapons to Ukraine. who has been a real partner in this, was sion to a political solution in Syria. There are Russian-supplied tanks in to finally put the Cold War behind us That is what Russia and Iran have eastern Ukraine. All of us have seen and to start looking forward to a new demonstrated. They have changed the the pictures of them. They have era. military faction on the ground and cre- slaughtered many Ukrainians, and we Like Senator FLAKE and many oth- ated the terms for a political settle- refuse to give the Javelin, the most ef- ers, I was convinced that such a step ment much more favorable to their in- fective anti-tank weapon we have, to would be widely embraced by the U.S. terests. I believe as a result the con- Ukrainians. It is beyond shameful. business community, by religious flict will grind on, ISIS will grow So I will not talk about China, which groups, by academia, the scientific stronger, and the refugees will keep has reclaimed 400 acres earlier and now community, the media, and Americans coming. has reclaimed more than 3,000 acres in across the political spectrum. I also Unfortunately, America’s troubles in the South China Sea, and our one foray knew it would be welcomed around the 2015 were not contained in Iraq and within the 12-mile limit, the Secretary world, including in countries where Syria. Despite conditions on the of Defense failed to acknowledge before people believe in democracy and ground, President Obama elected to the Senate Armed Services Committee. human rights as strongly as we do. withdraw roughly half of the U.S. So, my colleagues, we depart on this I remember when an ambassador forces from Afghanistan by the end of holiday season, hopefully sooner rather from a South American country came next year. than later, with a world in turmoil, up to my wife Marcelle, saying: We Do you know the President of the with a world that because of a failure have always respected the United United States, even when he announces of American leadership now poses di- States but also we respected Cuba, and a buildup, announces a withdrawal. So rect threats, as we just found in San your relationship with Cuba was like a he sends the message to any potential Bernardino, to the United States of stone in our shoe. Now, by restoring re- enemy or any enemy we are engaged America. lations with Cuba, you have removed with: We are going to build up now, but We saw too many dark days in 2015. the stone from our shoe. don’t worry, we are going to pull out. It didn’t have to be this way. It is still He, like so many others, recognized We will withdraw. within our power to choose better that Alan Gross’s release ushered in a So what happens? Here we are. The courses. We must never be disheartened new day in United States-Cuba rela- Pentagon says violence is on the rise in or resigned to a world where suffering tions. I will never forget on August 14, Afghanistan. The AP report says ‘‘Vio- and evil are always on the ascent. On standing there when our flag was lence in Afghanistan is on the rise, ac- the contrary, it is in our character as raised at the U.S. Embassy in Havana, cording to a new Pentagon report to Americans to face adversity with hope listening to our national anthem Congress that says the Taliban was and optimism. We must see plainly and played, and I heard Cubans standing emboldened by the reduced U.S. mili- fully the threats to our values in order just outside the gates of the Embassy tary role and can be expected to build to defeat them. cheering when the American flag went momentum from their 2015 attack As Churchill said, we recover our up. It was a deeply moving experience strategy.’’ ‘‘moral health and martial vigor, we to be there on a swelteringly hot day. It is inevitable, I say to my col- rise again and take our stand for free- We had 54 years of a failed, punitive leagues, there will be greater violence dom.’’ policy that achieved none of its objec- in Afghanistan, an increase in Taliban I have no doubt America can succeed tives. President Obama and President activity, and—I am sorry to say—ISIS, and will succeed. Raul Castro wisely decided it was time who is already establishing a foothold Madam President, I yield the floor. to chart a new path. there, will increase their presence. The PRESIDING OFFICER. The Sen- The reaction of the people of the Meanwhile, the Iranians, in their at- ator from Vermont. United States and Cuba has been over- tempt at hegemony, will provide weap- f whelmingly positive. Even some of ons to the Taliban. Cuba’s most vocal critics of the Castro This Senator will save the rest of my ONE-YEAR ANNIVERSARY OF THE government have welcomed this new comments about what is going on with RELEASE OF ALAN GROSS opening. the Iran nuclear deal, about what the Mr. LEAHY. Madam President, today Which brings me back to Alan Gross. Iranians have already violated, and is an important day for two reasons. He had every reason to be a bitter de- what continues with the Russian occu- One, it is a sad day because it was just fender of U.S. sanctions, but instead he pation of Ukraine. a few years ago today when a dear strongly supported the new policy of Our much respected leader in Europe, friend, Senator Dan Inouye, died—one engagement. He has never expressed General Breedlove, has said that he ex- of my closest friends and former Presi- anything but warmth and admiration pects increased military activity by dent pro tempore and senior Member of for the Cuban people. Vladimir Putin in eastern Ukraine. He this body. Contrast that with the small handful still has the ambition of establishing a It is also a good day because it marks of Members of Congress who continue land bridge all the way across eastern one year since the release of Alan to defend a discredited policy of isola- Ukraine to Crimea so he doesn’t have Gross from a Cuban prison where he tion that has been repudiated by large to continue to supply by air and sea. had spent 5 years. During that time he majorities of their own constituents, We seem to have forgotten that over lost more than 100 pounds, he lost five denounced by every other government 8,000 people have died since Russia’s in- teeth, his mother died, his mother-in- in the hemisphere, and which even they vasion, including 298 innocent people law died, his brother-in-law died, and acknowledge it has not succeeded. aboard Malaysia’s Flight 17, murdered he missed his daughter’s wedding. Their answer is to keep it in place, by Vladimir Putin’s loyal supporters I worked for years to help obtain even opposing efforts by the State De- with weapons that were sent to Alan Gross’s release and the return of partment to improve security and Ukraine by Putin—not to mention the the remaining members of the so-called staffing at the U.S. Embassy in Ha- murder of Boris Nemtsov, one of the Cuban Five, who had served more than vana, to which the Cuban Government great leaders of the opposition, in the 15 years in U.S. prisons. Scott Gilbert, has agreed. shadow of the Kremlin. The desta- Alan Gross’s lawyer, did an out- I ask that you to look at this photo- bilization continues, even in countries standing job, traveling countless times graph of Alan Gross and his wife. I took as far away as Sweden. I will not go to Cuba. He skillfully advocated on this just minutes after he was told he

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.023 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8748 CONGRESSIONAL RECORD — SENATE December 17, 2015 was going home. Senator FLAKE, Con- breathtaking. Talks are underway be- A LOOK BACK AT THE FIRST YEAR OF THE U.S.- gressman VAN HOLLEN, and I were tween both governments on a wide CUBA RELATIONSHIP there to pick him up. This is not the range of issues, including one wrapping DECEMBER 17, 2014–PRESENT face of a bitter man. When I took this up last night on resuming direct mail KEY ACTIONS AND ACCOMPLISHMENTS picture, I thought as I pressed the shut- and air service, but also on law en- December 17, 2014: President Obama moves ter that this is the face of a man who forcement cooperation and property to normalize relations with Cuba. knows we can have different days. claims. Decision follows 18 months of secret nego- I am not so naive to think that rees- Senator FLAKE, who has been such a tiations between U.S. and Cuba and the re- tablishing diplomatic relations with leader on this—he and I have intro- lease of American aid contractor Alan Gross. Announcement of plans over the coming Cuba is going to result in the rapid duced legislation, cosponsored by 45 months to ease travel and financial restric- transformation of Cuba into a democ- other Democrats and Republicans, to tions on Cuba. racy. Cuba’s leaders are steadfast be- end restrictions on travel by Ameri- Paves the way for U.S.-Cuba to restore dip- lievers in a repressive political system cans to Cuba. Those restrictions don’t lomatic ties, reopen embassies, and poten- that has enabled them to hold power exist for travel to any other country, tially lift the embargo. unchallenged for more than half a cen- including North Korea and Iran. If our January 16, 2015: Departments of Com- tury. Their economic policies have bill were called up for a vote, and if we merce and Treasury announce regulatory been a disaster, resulting in daily hard- listened to the American people, it changes to Cuba sanctions. The amendments implement the changes ships for the Cuban people. You can see would pass easily. President Obama announced on December 17, it whenever you travel to Cuba. While This year the Senate Appropriations 2014. the Cuban Government blames its eco- Committee passed, with bipartisan ma- March 31, 2015: U.S. and Cuba hold first for- nomic problems on the U.S. embargo, jorities, a similar travel amendment by mal talks on human rights. no one seriously believes that, al- Senator MORAN and me and two other April 8, 2015: A public opinion poll of Cu- though it is undeniable that the embar- amendments to facilitate U.S. agri- bans on the island is released; shows that an go has exacerbated the hardships. culture exports and shipping to and overwhelming majority of Cubans support an It is also undeniable that support for from Cuba. end to the embargo. Nearly all Cubans (97 percent of those the embargo in the United States, from In contrast, the House of Representa- polled) believe normalization of the relation- the business community to the human tives adopted half a dozen provisions ship between Cuba and the United States is rights community, has evaporated. I offered by just one Member that would good for Cuba. wonder how many Members of Congress turn back the clock. April 11, 2015: Presidents Obama and Castro know that in the past 5 years the Gov- I have no doubt that the path begun meet at the Summit of the Americas in Pan- ernment of Cuba, while blaming us for by President Obama and President ama. the embargo, has imported more than Raul Castro is the right one for the Marks the first time the two nations’ top $1 billion in U.S. agriculture and med- people of both countries, and that the leaders have sat down for substantive talks in more than 50 years. Both presidents agree ical products. American exports mean dwindling few who continue to try to it is time to end the embargo. American jobs. stand in its way will fail. The inclusion of Cuba in the Summit of the There would be a lot more exports if History is not on their side. Rather Americas comes after Latin American coun- we got rid of the embargo. Right now it than continue to cling to a policy that tries pressured the United States to allow is punishing American workers, as well was misguided from its inception and Cuba to participate. as Cubans. that did nothing to help the Cuban peo- April 20, 2015: Governor Andrew Cuomo Why are we also punishing half a mil- ple, they should respect the will of leads delegation to Cuba. lion Cuban entrepreneurs who already their constituents and the Cubans on Governor Andrew Cuomo leads a delega- tion of New York business owners and politi- work in the private sector and are no whose behalf they erroneously claim to cians to Havana. longer dependent on the government? speak. His visit marks the first time a U.S. gov- Why not support the private sector in It was only 12 months ago that Sen- ernor has travelled to the island since the Cuba as we do everywhere else in the ator FLAKE and I walked up the gang- U.S. and Cuba normalized relations. world? Why not open the United States plank onto the President’s plane with The trip includes officials from JetBlue to the emerging Cuban market? Alan and Judy Gross. I took many pho- Airways, the Plattsburgh International Air- I think it is past time to replace vin- tographs that day, and our son-in-law, port, Pfizer, MasterCard, and the founder of dictiveness and personal family griev- Lawrence Jackson, one of the Presi- Chobani. The trip leads to an agreement between ances with what is best for the Amer- dent’s photographers, was also there Cuba’s Center for Molecular Immunology ican people. recording it for posterity. and Roswell Park Cancer Institute in Buf- I have condemned the Cuban Govern- Look at how much has been accom- falo, New York to import a lung cancer vac- ment’s arrest and imprisonment, after plished in those 12 months for the ben- cine and begin clinical trials in the United unfair trials, of individuals that have efit of the people of Cuba and the States. done nothing more than peacefully pro- United States. It has done more for the May 4, 2015: New Cuba PAC launches. test against the government’s repres- reputation of the United States and its New Cuba PAC pledges to donate to polit- sive policies. At least two of them were influence in this hemisphere than has ical candidates who support favorable policy among the 53 who were released as part toward ending the Cuban embargo. been done in the past half century. May 29, 2015: United States removes Cuba of our agreement a year ago. Eleven I ask unanimous consent that a chro- from state terror sponsors list. others released earlier still cannot nology of those accomplishments pre- President Obama informs Congress of his travel freely. pared by the Engage Cuba coalition be decision in mid-April; Congress has a 45-day But Cuba’s leaders cannot stop the printed in the RECORD at the conclu- review period. tide of history any more than any of us sion of my remarks. Some congressional Republicans oppose can. The majority of Cubans were not I hope that before another year the move; however, they do not make any ef- even born at the time of the 1959 revo- passes the Congress will finally recog- fort to block the decision. lution. They have very different prior- Cuba had been on the list since 1982. Being nize that it too has a responsibility to listed subjects a country to U.S. restrictions ities and aspirations than those who respect the will of the people, to end on such things as foreign aid and defense overthrew Batista’s corrupt, abusive the embargo and to stop interfering sales. regime. Cuba is changing in ways that with the right of Americans to travel. June 18, 2015: Cuba expands Wi-Fi access will mean more freedom and more en- And that exposing the Cuban people to across the island. gagement in the world, and more eco- our ideas, our principles, and our prod- 35 Wi-Fi hotspots are created. nomic opportunities. ucts is the best policy for the future. Previously, Wi-Fi was only available at During the past 12 months, the I see my dear friend, the Senator tourist hotels at hourly prices that would Obama administration has taken his- amount to nearly a quarter of the average from Arizona, on the floor. monthly salary for Cubans. toric steps to implement the new pol- I yield the floor. July 2015: United States restores diplo- icy. After so many decades, when U.S.- There being no objection, the mate- matic ties with Cuba. Cuba relations were frozen, the rial was ordered to be printed in the On July 1, President Obama announces progress in the last year has been RECORD, as follows: that the U.S. and Cuba would reopen their

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.025 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8749 embassies nearly 55 years since they first For the first time in more than 60 years, a Commerce and two Cuban entities, Alimport closed. U.S. president meets with a Cuban president and Cimex. On July 20, diplomatic relations are offi- on U.S. soil. Texas-Cuba trade relations have decreased cially re-established; Cuban embassy holds October 6, 2015: Secretary of Commerce over the years due to restrictions and regula- flag-raising ceremony in Washington. En- Pritzker makes official trip to Cuba. tions. If full trade were allowed, Texas could gage Cuba hosts private dinner between Sec. Penny Pritzker becomes the second see an economic impact of $43 billion. Cuban Foreign Minister Bruno Rodrı´guez- U.S. cabinet official to visit the island since December 7, 2015: Engage Cuba launches Parrilla and American business leaders. Fidel Castro’s 1959 revolution. Tennessee State Council. On July 22, Engage Cuba hosts a briefing at Sec. Pritzker meets with the country’s The 16-person council includes representa- the White House for the Cuban-American ministers of foreign affairs and foreign in- tives from a range of industries, including community about U.S.-Cuba relations. vestment. agriculture, academia, manufacturing, busi- July 23, 2015: Senate Appropriations Com- Sec. Pritzker tours Mariel, the site of a $1 ness, and the arts. mittee approves three amendments favorable billion investment to create a major ship- December 8, 2015: U.S. and Cuba hold the to lifting sanctions on Cuba. ping hub in Cuba. first round of discussions on mutual property The amendments would end restrictions on October 14, 2015: Nine state governors sign claims. The two governments begin negotiations travel to Cuba, allow private financing for onto bipartisan letter supporting end to over U.S. individuals’ and companies’ prop- agricultural sales to Cuba, and lift restric- Cuban embargo. tions on ships docking at Cuban ports. The governors of Alabama, California, erties that were seized after the 1959 revolu- tion; Cuba also presents counterclaims of August 14, 2015: Secretary of State John Idaho, Minnesota, Montana, Pennsylvania, economic damages stemming from the em- Kerry presides over the flag-raising cere- Vermont, Virginia and Washington write let- bargo. mony at American embassy in Havana. ter to Congressional leadership highlighting Sec. Kerry’s visit marks the first time in the harm that the embargo has done to The PRESIDING OFFICER. The Sen- 70 years that a U.S. Secretary of State has American agriculture exports. ator from Arizona. visited Cuba. August 2015–October 2015: American airline October 25, 2015: North Dakota Agriculture Mr. FLAKE. Madam President, I companies announce new flights to Cuba. Commissioner Doug Goehring leads North want to first pay tribute to Senator American Airlines and Cuba Travel Serv- Dakota agriculture delegation to Cuba. LEAHY for the long path to getting here ices announce a new charter service pro- North Dakota Agriculture Commissioner with Cuba, for all of the work that he viding nonstop service from Los Angeles to Doug Goehring leads a delegation of rep- has done, and to his capable staff, in- resentatives from commodity, agricultural, Havana. American Airlines also begins offer- cluding Tim Rieser and people on my ing a once-weekly flight from Miami to Ha- and commerce organizations to the island. Full list of participants: North Dakota De- staff, including Chandler Morse and vana in partnership with Cuban travel serv- others, who have worked on this issue ices. partment of Agriculture; Bank of North Da- JetBlue announces the addition of a second kota; Fredrikson & Byron, P.A.; Great for so long. I have appreciated working charter flight from JFK to Havana. Northern Ag; Northarvest Bean Growers As- with Senator LEAHY on this issue. Delta establishes charter flights from At- sociation; North Dakota Grain Growers As- It was 1 year ago today, as Senator lanta to Havana, set to start April 2, 2016. sociation; North Dakota Mill & Elevator; LEAHY mentioned, that we had received September 8, 2015: Leading Republican North Dakota Trade Office; North Dakota a call just a few days prior, asking if presidential candidate Donald Trump comes Wheat Commission; and Red River Farm we would participate in a quick mis- Network. out in support of diplomatic reengagement sion down to Cuba, but we had to keep with Cuba. November 2, 2015: Cuba hosts annual inter- Trump’s stance means that for the first national trade fair. quiet about it for a few days, which time in over a half-century, the leading pres- It is estimated that 50 U.S. companies at- was a bit difficult. One year ago today, idential candidates from both parties sup- tend the fair, more than ever before. we got on the President’s plane, as port normalization; Hillary Clinton had stat- Cuba signs first-ever roaming agreement Senator LEAHY mentioned, and went ed her support a year prior. with U.S. telecom company Sprint Corp. down and picked up Alan Gross. It was September 18, 2015: Obama administration November 17, 2015: Engage Cuba partners wonderful to have Alan’s wife Judy on further eases travel and business restrictions with the Atlantic Council to release a poll against Cuba. from America’s ‘‘Heartland’’ voters profiling the plane with us. What a joyous occa- The announcement expands telecommuni- their opinions on Cuba. sion that was to see that reunion there cation opportunities in Cuba and allows cer- The poll’s findings show bipartisan support in Cuba and then to climb on the plane. tain American businesses to establish offices in ‘‘Heartland’’ states—Iowa, Ohio, Indiana, As we climbed away from Cuba, I will and bank accounts on the island. and Tennessee—for restoring diplomatic re- never forget that about 20 minutes into Cuban businesses and residents are now lations with Cuba, lifting the travel ban and the flight, the pilot came on and said able to set up offices and bank accounts in ending the embargo. that we had now entered U.S. airspace. the United States. November 18, 2015: U.S. and Cuba sign his- Alan Gross stood up, threw his arms in However, significant barriers to open trade toric environmental pact. and travel still exist with Congress’ refusal The agreement marks the first accord be- the air, and then breathed deeply. Then to lift the embargo. tween the two countries since the announce- he said, ‘‘Now I finally know I am September 19, 2015: Pope Francis arrives in ment that they would be normalizing diplo- free.’’ Cuba. matic relations. Then we watched on the news on the The Pope visits Cuba before coming to the The accord will protect nearby fish and plane as the announcement came that United States. During his visit, he lauds the marine life living off the coasts of both coun- we would be changing our policy, that normalization process between the two coun- tries and allow U.S. and Cuban scientists to we would be seeking full diplomatic re- tries. collaborate on research. September 2015–November 2015: Tele- lations, and that many of the policies Cuba’s marine ecosystem is considered one communications contracts begin to be signed of the past would go away. of the best preserved and most diverse in the on the island. It has been a wonderful year to see Verizon begins to offer voice and data world. November 19, 2015: Debit cards become some of that happen. One of my best roaming in Cuba through a third party. moments—favorite moments—in Con- Sprint signs an interconnection agreement available for use in Cuba. with Cuba’s state telecoms monopoly Etecsa. MasterCard and Stonegate Bank (based in gress was going down with Senator September 28, 2015: Governor Asa Hutch- Ft. Lauderdale) announce that their cards LEAHY again and watching the Amer- inson leads Arkansas delegation to Cuba. are now active for use in hotels, restaurants ican flag being raised over the U.S. Governor Asa Hutchinson asks Congress to and other stores in Cuba. Embassy in Havana after 54 long years, lift restrictions that prevent U.S. food com- They become the first financial institu- to have those marines there, the same tions to take advantage of new business panies from selling to Cuba on credit. three marines who had lowered the flag The measure, led by Senator John Booz- openings with Cuba. man (R–AR), was approved by the Senate Ap- Americans travelling to Cuba will be able in 1961 and who returned to Cuba to propriations Committee in July but has yet to use these cards at 10,000 merchants that help raise the flag back up. What a to receive a floor vote in the Senate and accept the cards. wonderful symbol. What a wonderful House. ATM transactions will be available in 2016. thing about a new policy and a new In 2000, the U.S. authorized cash-only agri- November 29, 2015: Governor Greg Abbott way forward with Cuba. cultural exports to Cuba, which brought $30 leads Texas delegation to Cuba. It is significant to note, as Senator Governor Greg Abbott leads a delegation of million in sales to Arkansas annually. Since LEAHY mentioned, that after spending 5 Texas agriculture and port officials and local Cuba prefers to buy on credit, sales have fall- years in prison in Cuba, Alan Gross en. businesses to Cuba. September 29, 2015: Presidents Obama and While in Cuba, the delegation meets with came out of prison without bitterness. Castro meet on the sidelines of the United the Ministry of Foreign Trade and Invest- From that time forward, he has pro- Nations General Assembly. ment, the Port of Mariel, the Chamber of moted meeting with colleagues of ours

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.005 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8750 CONGRESSIONAL RECORD — SENATE December 17, 2015 and telling anybody who will listen still need to make progress on, is with The PRESIDING OFFICER. Is there that this way forward is the right way full diplomatic relations. Hopefully, we objection? forward on Cuba; that we should soon will have an Ambassador in Cuba Mr. REID. No objection. change our policies; that we ought to who is the Ambassador. Our diplomatic The PRESIDING OFFICER. Without have closer cooperation and diplomatic team, led by Jeff DeLaurentis, does a objection, it is so ordered. relations; and that the problems that great job in Cuba, but we ought to have The PRESIDING OFFICER (Mr. Cuba has are the problems of the Cuban a U.S. Ambassador there. SASSE). The Senator from Maine. Government, not the Cuban people. Americans traveling to Cuba doing f I want to pay tribute to Alan Gross legal business in Cuba ought to have PROTECTING AMERICANS FROM for that. He continues to work till this the same protections they have any- TAX HIKES ACT day for better relations between Cuba where else in the world. We need good and the United States. That is a sig- representation, full representation, in Ms. COLLINS. Mr. President, tomor- nificant thing. When Senator TOM countries that are not friendly to us row the Senate will vote on the Pro- UDALL and I visited Alan Gross in pris- more than we need it in countries that tecting Americans from Tax Hikes Act on in November of last year, just 1 are friendly to us. So I would encour- of 2015, which will provide needed tax month prior to his release, he was in a age the Obama administration to move certainty and predictability for our Na- bad way. He had lost a lot of weight. He forward on those and other areas as tion’s small businesses, enabling them had lost some of his teeth. It was a well. to create more jobs and boost our econ- tough time to be in prison. Being there There are still some measures the omy. for 5 years, he missed many events at Obama administration can take that Several months ago, on April 30, I home with his family. will improve the lives of Cubans and was joined by my friend and colleague I cannot imagine coming out of that make it more likely that we can make from Pennsylvania, Senator CASEY, in experience and still feeling the compas- progress in these other areas. Having introducing the Small Business Tax sion that he has for the Cuban people. said that, let me just say—you often Certainty and Growth Act of 2015. Our Just last night it was announced that don’t hear it from this side of the bill aimed to help small businesses in- the U.S. and Cuba have agreed to enter aisle—but I want to praise and applaud vest, grow, and create jobs by pro- into a bilateral agreement on flights to this President, President Obama, for viding needed tax relief and certainty. allow airlines from America, U.S. car- taking the measures that he has taken Senator CASEY has been a true partner riers to fly to Cuba. Instead of just on Cuba. It took guts to do so. in advancing this bill, and we are so charter flights, we will now have di- There is still opposition to the posi- pleased that the Protecting Americans rectly scheduled flights. That will tions that he has taken, but he has from Tax Hikes Act takes three key allow Americans to travel to Cuba easi- taken a position that helps the Cuban provisions from our bipartisan bill. er and more inexpensively. people, and it helps Americans. It is These provisions include, first, the per- I would encourage all Americans who good for our national interests. It is manent extension of section 179 expens- can find themselves in 1 of the 12 cat- good for our security interests. ing, indexed for inflation, which will egories for travel to do so. There are a With that, I want to thank again the allow small businesses to write off up group of Cubans who came to the Senator from Vermont for the work to $500,000 of the cost of certain equip- United States a while ago. They were that he has done on this issue. It has ment. I would note that this provision asked: What can America do for you? been a pleasure working with him. This is so important to our smaller busi- These were Cuban entrepreneurs who past year has been a great year in nesses that it is the No. 1 tax priority are looking to change the system in terms of U.S.-Cuba relations. Here is to of our Nation’s largest small business Cuba. an even better year ahead. advocacy group, the National Federa- They said: Visit Cuba. Come see us. I yield the floor. tion of Independent Business. Second, Come to our private restaurants. Stay The PRESIDING OFFICER. The ma- the bill includes the permanent exten- in our homes. Spend money in Cuba jority leader. sion of the 15-year deduction period for that we have access to. I should note f restaurants and retailers to improve that those who oppose a new policy— their space and to buy new equipment. UNANIMOUS CONSENT the new policy that we have with This is so important because otherwise AGREEMENT—H.R. 2029 Cuba—often say that if you travel to the Tax Code reverts to a 39-year de- Cuba, every dime that you spend goes Mr. MCCONNELL. Madam President, preciation schedule. That is totally un- right to the Cuban Government. That I ask unanimous consent that when the realistic. No restaurant could wait 39 is not the case. Senate receives a message from the years before investing in new flooring, In Cuba right now, you can stay at a House to accompany H.R. 2029, the ma- new equipment, and other kinds of ren- bed and breakfast. In fact, Airbnb has jority leader be recognized to make a ovations and expect that customers 2,500 listings in Cuba. You can stay at motion to concur in the House amend- will still come flocking to their doors. an Airbnb. The bulk of that money, ments; further, that if a cloture motion The third provision of our bill would be most of that goes to those Cubans who is filed on that motion, that notwith- an extension of so-called bonus depre- are hosting you, not the Cuban Govern- standing rule XXII, the Senate imme- ciation to allow companies to deduct ment. You can eat at a private res- diately vote on the motion to invoke the cost of certain equipment and soft- taurant where those who prepare the cloture; that if cloture is invoked, all ware. meal, serve the meal, and cook the postcloture time be yielded back, the These three provisions will give our meals will see the bulk of that money majority leader or his designee be rec- small businesses the predictability to them. ognized to make a motion to table the they require to plan for capital invest- In fact, about 20 percent of the Cuban first House amendment; that following ments that are vital to expansion and workforce is now outside of the Cuban the disposition of that motion and if a job creation. Government. So, when Americans trav- budget point of order is raised, the ma- I know I don’t have to tell the Pre- el to Cuba, Cubans benefit. So I would jority leader or his designee be recog- siding Officer that small businesses encourage my colleagues and others to nized to make a motion to waive the create the majority of new jobs in this take the opportunity to go down to point of order and that following dis- country. According to the Bureau of Cuba and travel. The policy that we position of that motion, the Senate Labor Statistics, small businesses gen- had for 54 years in Cuba failed to then vote on the motion to concur in erated 63 percent of net new jobs that produce the results that we want to the House amendments with no further were created between 1993 and 2013. see. We want to see a democratic Cuba motions or amendments in order unless Even the smallest firms had a notable that respects human rights. the motion to table is successful or the effect on our economy. The Small Busi- The Cuban Government still has a budget point of order is sustained, and ness Administration data indicate that long way to go, but I truly believe that with 2 minutes of debate equally di- businesses with fewer than 20 employ- the best way forward, the best way to vided in the usual form prior to each ees accounted for 18 percent of all pri- make progress on those areas that we vote. vate sector jobs in 2013.

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.026 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8751 Recent studies by the National Fed- sumption. If the business had been get the benefit of depreciation—figu- eration of Independent Business indi- forced to spread these deductions over ratively speaking, a slice or a piece of cate that taxes are the No. 1 concern of many years, its owners simply would depreciation year after year—it is a lot small business owners and that the not have been able to create the new better if you can get the benefit of constant change in our Tax Code is jobs as they have. those slices or pieces over 15 years— among their chief concerns. I know This economic benefit is multiplied one per year, or one benefit of depre- this to be true from the many con- when you consider the effect of the in- ciation—rather than having to wait 39 versations I have had with small busi- vestment by Maine Beer Company and years for little tiny pieces over those 39 ness men and women throughout the Maine’s many other small brewers and years. That is a simplistic way of ex- State of Maine. It is so frustrating to other kinds of small businesses on plaining it, but it is a vital injection of them because they don’t know what equipment manufacturers, on the support for small businesses. the Tax Code is going to provide from transportation companies needed to On section 179, I think what Senator year to year, making it nearly impos- haul that new equipment, and, in the COLLINS said makes a lot of sense be- sible to plan. This has the effect of case of craft beers, on the suppliers, cause a lot of these businesses would freezing their investment decisions, the supply chain, including farmers see, well, in this particular year, the and that in turn affects their ability to who are providing the materials needed value of that maximum allowable de- hire more workers. to brew these outstanding beers. duction is at a certain number, a cou- The long-term solutions provided in In February, NFIB released new re- ple hundred thousand dollars. In the this bill will provide the certainty search that backs up this claim with next couple of years it could change. small businesses need to create and im- hard numbers. NFIB found that simply Having that certainty of knowing what plement long-term capital investment extending section 179 permanently at that benefit will be over time is of plans that are vital to growth and job the 2014 level could increase employ- enormous significance. The same is creation. For example, section 179 of ment by as many as 197,000 jobs during true of the benefits that come from the Tax Code allows small businesses the 10-year window following imple- bonus depreciation. to deduct the cost of acquired assets mentation. U.S. real output could also Mr. President, as I said, I rise today more rapidly. The amount of the max- increase by as much as $18.6 billion to discuss some critical tax provisions imum allowable deduction, however, over the same period. I mention those which Senator COLLINS and I worked to has changed three times in the past 8 numbers because it shows how bene- include in the end of year tax package years and has often been addressed as a ficial this provision of our Tax Code soon to be considered by the House and year-end ‘‘extender,’’ making this tax can be when it is made permanent, the Senate. benefit unpredictable from year to year when the uncertainty about whether it This is a day we fought long and hard and therefore difficult for small busi- is going to be available and at what for—a day to bring our small busi- nesses to take full advantage of in level goes away. nesses and entrepreneurs the certainty their long-range planning. In light of the positive effects these they need to invest in their companies, Let me give a concrete example. Ear- provisions would have on small busi- grow and create the jobs our economy lier this year I spoke to Patrick Schra- nesses, on jobs, and on our economy, I needs. der from Arundel Machine, a precision urge my colleagues to support the tax As a member of the Senate Finance machining business in Southern Maine. relief package. Committee, I understand that one of He told me that the uncertainty sur- I am pleased to yield to my cosponsor the best policy tools we have at our rounding section 179 has hindered his and colleague Senator CASEY. disposal to support small businesses is ability to make business decisions. The The PRESIDING OFFICER. The Sen- the tax code, which directly affects high-tech equipment he needs requires ator from Pennsylvania. businesses’ bottom lines. months of lead time. For a small busi- Mr. CASEY. Mr. President, I com- Business owners need certainty about ness like Patrick’s, it is very risky to mend and salute the work done by Sen- tax policy. That is why I am proud to increase spending to expand and create ator COLLINS. I am grateful to have have worked with Senator SUSAN COL- new jobs when the deductibility of this opportunity to reiterate some of LINS to introduce bipartisan legislation those investments remains unknown the great features of this legislation as that would allow small businesses to until the very end of the year. For it relates to these tax provisions. If I plan for capital investments that are business planning, this is information had to summarize it in a couple of vital for job creation, and am thrilled that is vital to have at the beginning of words, it would probably be the fol- to see provisions from this common- the year, not at the end. This uncer- lowing: certainty for small busi- sense proposal included in the end of tainty has a direct impact on hiring de- nesses—maybe just those four words. year tax package. Their inclusion will cisions. Senator COLLINS, when we talk about increase certainty for businesses, in- I wish to give another example of reaching across the aisle, I am one crease economic activity and increase what the small business expensing pro- desk in from the aisle and you are al- the pace of job creation. visions can mean. Maine has become most on the aisle. It is almost literally Small businesses are vital to our well known for its high-quality craft reaching, you are so close. But I am so economy. In Pennsylvania small firms beers. Dan Kleban founded the Maine grateful for your work on this issue for comprise more than 98 percent of all Beer Company with his brother in 2009. several years now. And with all the dif- employers, nearly 2.5 million Penn- In 6 short years his business has added ficulties in Washington where often sylvanians work for small businesses. more than 20 good-paying jobs with folks don’t come together on these and Across the country, small firms employ generous health and retirement bene- other issues, we can show that we can just over half of the private-sector fits, and they want to add even more. work together and we can make workforce, according to the Small Dan noted that his company’s business progress on something, giving cer- Business Administration. decisions have been directly affected tainty to small businesses. That is a In the past, many of the tax provi- by the availability of section 179 ex- pretty big deal. In our State we have sions affecting small businesses have pensing. This provision fueled their ex- something on the order of 2.5 million been enacted on an unpredictable and pansion by allowing them to reinvest people working in small businesses, so temporary basis; that changes with their capital into new equipment to this is the core of our country in the this bill. That uncertainty directly produce more great beer and hire more Commonwealth of Pennsylvania and hindered economic growth and job cre- great Maine workers. In the last 3 across the country. ation. When businesses don’t know how years, they have taken the maximum I would reiterate and maybe even in- their investments will be taxed, they deduction allowed under section 179 to corporate by reference Senator COL- cannot make long-term planning deci- acquire the equipment needed to ex- LINS’ review of the provisions. I would sions with confidence. This bill, with pand their business. This year they highlight two of them. The 15-year de- the policies I championed with Senator hope to use the provision to finance the preciation schedule for restaurants and COLLINS, will change that. cost of a solar project that will offset other leaseholds and other businesses— This end-of-year package includes nearly 50 percent of their energy con- if you have a restaurant and you can several provisions which, through their

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.027 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8752 CONGRESSIONAL RECORD — SENATE December 17, 2015 being made permanent, will imme- bus appropriations bill was filed to Why did congressional leaders ignore diately reduce uncertainty about the keep government operating for the re- the chairmen and ranking members of Tax Code and encourage businesses to mainder of this fiscal year. This bill, both the House and Senate committees grow, invest and hire. which will be voted on by the House on who were spearheading EB–5 reform? A key provision of our bill would Friday, includes a straight and clean Why, at the same time—and maybe make permanent the maximum allow- extension of a program called the EB– more importantly because they aren’t able deduction under section 179 ex- 5 Immigrant Investor Program. This colleagues—did they ignore the Gov- pensing rules. Section 179 allows tax- program has been plagued with fraud ernment Accountability Office or ig- payers to fully deduct certain capital and abuse, but more importantly it nore the FBI or ignore the Secretary of asset purchases in the year they make poses significant national security Homeland Security? the purchase. This type of expensing risks. Allegations suggesting the EB–5 Allow me to remind my colleagues provides an important incentive for program may be facilitating terrorist why the EB–5 Regional Center is in businesses to make capital invest- travel, economic espionage, money need of reform. For several years I ments. Without it, taxpayers would laundering, and investment fraud are have kept close tabs on this program, have to depreciate those asset pur- warnings against this bill too serious thanks in part to the reports of wrong- chases over multiple years. By making to ignore. Yet they are being ignored. doing brought forth by whistleblowers. the maximum allowable deduction per- The omnibus bill fails to include much The fact is that other Federal agencies, manent and indexing it to inflation, needed reforms. including the FBI, have raised national our bill would provide the kind of cer- The spending bill being considered by security concerns. Whistleblowers say tainty that businesses need to take full the House and Senate is a major dis- that requests from politically influen- advantage of section 179. appointment. I am frustrated that de- tial people were being expedited. Last A second provision—bonus deprecia- spite the alarm bells and whistle- June, Congress heard from a whistle- tion—will help businesses in much the blowers, warning us in Congress about blower who was harassed for speaking same way that the expensing rules do. the EB–5 program, Republican and out against the problem—in reference Bonus depreciation allows companies Democratic leadership in the House to the countries of China, Russia, Paki- to expense half the cost of qualifying and Senate decided to simply extend stan, and Malaysia, countries not assets that they buy and put into serv- the program without any changes. This known to be friends of the United ice in the same year. was a missed opportunity to protect States. The bonus depreciation provisions This whistleblower said: will provide 5 years of certainty to our America. What makes this especially frus- EB–5 applicants from China, Russia, Paki- businesses, creating an added incentive stan and Malaysia had been approved in as trating is that the chairs and ranking that makes a real difference in small little as 16 days and in less than a month in business investment. A 2013 U.S. Treas- members of the House and Senate Judi- most. The files lacked the basic and nec- ury report concluded that 50-percent ciary Committees—both Republican essary law enforcement queries . . . I could bonus depreciation lowers the cost of and Democratic—agreed on a bill. We not identify how USCIS [Customs Immigra- had consensus. I appreciate the support tion Service] was holding each regional cen- capital by 44.1 percent. These figures il- ter accountable. I was also unable to verify lustrate the tremendous benefit these of Senator LEAHY, the ranking member of the committee. I also commend how an applicant was tracked once he or she policies can bring to our job creators. entered the country. In addition, a complete One additional measure, which I Chairman GOODLATTE, Ranking Mem- and detailed account of the funds that went would like to touch on for a moment, is ber CONYERS, Congressmen ISSA and into the EB–5 project was never completed or the provision to make 15-year straight- LOFGREN. In a bipartisan way, we produced after several requests. During the line depreciation schedule for res- worked this bill out. We agreed on course of my investigation it became very taurants, leaseholds, and retail im- every aspect—maybe naively but be- clear that the EB–5 program has serious se- provements permanent. lieving in our hearts that we were curity challenges. This February, Senator CORNYN and I doing the right thing. We found com- There are also classified reports that introduced legislation to make the 15- mon ground on national security re- detail these problems, much as the year cost recovery provision perma- forms. We made sure rural and dis- whistleblower said. Our committee has nent. I am glad to see its inclusion in tressed urban areas benefited from the received numerous briefings and classi- the end of year tax package. program, as was intended when it was fied documents to show this side of the These provisions together will en- first written. We instituted compliance story. Our own executive branch agen- courage business owners to make key measures, background checks, and cies have communicated to us their capital investments, and allow for fast- transparency provisions. All of those concerns about the program. Just lis- er cost recovery that goes directly to a things were meant to protect our na- ten to these people concerned about it. company’s bottom line, thus freeing up tional security and weed out waste, Officials within the Securities and Ex- cash that can be used to expand oper- fraud, and abuse. Through months of change Commission, the FBI, and Im- ations and hire more workers. hard work, we put together a great migration and Customs Enforcement Making these measures either perma- deal, but despite this broad, bipartisan expressed concerns about the program nent or long-term creates the kind of support, and the work of the commit- and how prone it is to fraud. We ought tax certainty that is critical for all our tees of jurisdiction, not a single one of to be concerned about waste, fraud, and businesses, but is especially important our recommendations will be imple- mismanagement. We ought to be con- for small businesses. mented. Instead of reforming the pro- cerned about national security. The These are commonsense provisions gram, some Members of leadership way this bill is ending up, with just a that both parties can support. They have chosen the status quo. This fail- 10-month extension, nobody is taking will improve our business environment ure to heed calls for reform proves that that into consideration. and ease the tax burden on small busi- some would rather side with special in- An internal national security report nesses. Most importantly, they will di- terest groups, land developers, and stated the following: rectly encourage the investment and those with deep pockets. As in any instance where significant in- job creation that our economy needs. It is widely acknowledged that the vestment funds are raised . . . the regional I wish to commend and salute the center model is vulnerable to abuse. The cap- EB–5 program is riddled with flaws and work Senator COLLINS did. We are glad ital raising activities inherent in the re- there is some certainty as a result of corruption. Maybe it is only on Capitol gional center model raise concerns about in- these business tax provisions. Hill—an island surrounded by reality— vestor fraud and other conduct that may vio- I yield the floor. that we can choose to plug our ears and late US security laws. Third Party pro- The PRESIDING OFFICER. The Sen- then refuse to listen to commonly ac- moters engaged by regional centers to re- cruit potential investors overseas fall out- ator from Iowa. cepted facts. The Government Account- ability Office, our free media, industry side of the U.S. Citizenship and Immigration f Services’ regulatory authority and may experts, Members of Congress, and even EB–5 PROGRAM make false claims or promises about invest- Federal agency officials have con- ment opportunities. Unregistered broker- Mr. GRASSLEY. Mr. President, at curred that the program is a serious dealers may operate outside of U.S. Citizen- 1:30 a.m. Wednesday morning, an omni- problem with serious vulnerabilities. ship and Immigration Services’ statutory

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.006 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8753 oversight to match prospective investors Just last month, the National Law who helped table our reforms ever read with project developers. Moreover, the stat- Review reported another case in which those reports in the Wall Street Jour- ute and regulations do not expressly prohibit Security and Exchange Commissioner nal? I can say with certainty that the persons with criminal records from owning, filed suit against the owner of a re- status quo will not benefit middle managing, or recruiting for regional centers. gional center who allegedly stole $8.5 America. It benefits New York City Just think of that, ‘‘Statute and reg- million in EB–5 funds. The owner and other affluent areas at the expense ulations do not expressly prohibit per- claimed that all the money provided of areas in Iowa, Kentucky, Wisconsin, sons with criminal records from own- from the foreign investors would be and Vermont. Another way to put it is ing, managing, or recruiting for re- held in escrow until the approval of that it is not going to benefit those gional centers.’’ Don’t we think that is their green cards. Instead, the article who were the original intent of the leg- a threat we ought to be considering? reports that the owner of the regional islation when passed two decades ago. How many more intelligence reports center blew the money on two different It was supposed to deal with rural are needed for my colleagues to under- personal homes, a luxury Mercedes, a areas and with high-unemployment stand this problem? How many more BMW, and a private yacht. All the areas. headlines are needed before we have while, clueless investors were exploited Some may say that there wasn’t the will to deal with this problem? How by loopholes in the EB–5 program. enough debate or public input on EB–5 many more whistleblowers are going to For example, the article states that reforms. Well, I would like to walk be demoted for telling us about these both the investors and the owners of through how much debate we have had problems, merely committing the one the regional center were represented by on this issue, besides what is very obvi- crime that whistleblowers commit— the same attorney. But for many po- ous from the newspaper reports or from telling the truth. tential EB–5 immigrants, a safe invest- what whistleblowers say or what the The Secretary of Homeland Security ment is not the main concern because FBI says or what the Securities and sent a letter to the Judiciary Com- it is simple. You can buy your way into Exchange Commission says or even mittee and requested more authority the United States. Paying $500,000 is what the Secretary of Homeland Secu- to deny, terminate or revoke a regional simply the price of admission that they rity says. center’s designation. They wanted are able and willing to pay. For these In the history of our leading up to more authority to root out the bad ap- wealthy elites, a profitable investment this legislation, the Judiciary Com- ples. They have been requesting this is just icing on the cake of buying mittee held a hearing on the program since 2012. Considering that the Sec- green cards. in late 2011 and at every hearing since retary of Homeland Security would say I hope some of my colleagues will in which Secretary Johnson has testi- that—and he has to carry out this leg- talk to Senator FEINSTEIN about why fied, the issue of EB–5 has come up. islation and can’t prevent some of the she thinks this program should be The Homeland Security and Govern- bad things that are happening from wiped out. Even considering our re- mental Affairs Committee, as well as happening under existing law—that forms, she still takes that view. She House committees, have had hearings ought to be enough to guarantee Con- feels it is just plain wrong to sell ac- on this program. gress would pay heed to these problems cess to the United States through buy- In 2013 the Senate debated an immi- and do something about it. As I indi- ing a green card. gration bill that was over 1,000 pages cated, our bill would have done just A lot of the debate in the past 2 long. In a few short months, we voted that. But the fact that our bipartisan months has been on targeted employ- that bill out of this body. Parts of the bill was dismissed by congressional ment area reforms. The targeted em- bill that we were working on to be in- leadership means bad actors and bad ployment areas created by Congress to cluded in this omnibus appropriations regional centers will continue to oper- steer foreign investment to rural and bill included EB–5 reforms that we ate. distressed areas have been greatly talked about in that immigration bill The EB–5 program also encourages a abused. The designations have been of 2 years ago. whole host of financial fraud and cor- gerrymandered—gerrymandered just Then in 2014, the House Judiciary ruption. The program’s abundant loop- like congressional districts—to include Committee voted out a bill that in- holes and lack of regulation have cre- the most lavish developments in the cluded some changes in the program. ated a virtual playing field for uneth- richest neighborhoods, where this law The bill would have raised the invest- ical gamesmanship and con artists. of 20 years was never expected to be ment level to $1.6 million. This year in Fortune Magazine reported how one used because these are not distressed June, Senator LEAHY and I introduced man cheated potential immigrants out areas as were anticipated by the origi- S. 1501. We called it the American Job of $147 million for a make-believe nal law. Creation and Investment Promotion building project he never intended to The Hudson Yards project has gen- Reform Act. It was a tough, serious bill finish. The article explained how the erated millions of dollars for a luxury to overhaul the program. trickster claimed the project would apartment complex in Midtown Man- Since June, we have listened to other create over 8,000 jobs. In reality, some hattan. Manhattan was in here com- Members of Congress. We have heard 290 foreigners were tricked out of their plaining about needing investment, input from their constituents and re- cash. This is not the only example of when every day you read in the news- gional centers in their States. We lis- how regional centers can be used to de- paper that Chinese entrepreneurs are tened to stakeholders. We met with fraud people out of millions of dollars investing in New York all the time. lawyers, lobbyists, and regional center for nonexistent projects. Not far away, another flagrant example operators. We listened to groups that Another government agency we of gerrymandering is the Battery Mari- represented trade and labor union ought to pay some attention to, the Se- time Building, right next to Wall groups. We met with the agency at the curities and Exchange Commission, en- Street, in Lower Manhattan. The New Department of Homeland Security that countered another fake project in York Times described it by saying it runs the program. We worked with which two men in Kansas purported to ‘‘snakes up through the Lower East them and the Securities and Exchange build an ethanol plant in that State. Side, skirting the wealthy enclaves of Commission on language. We consulted The Commission stated in a litigation Battery Park City and Tribeca, and other congressional committees. release that ‘‘the plant was never built then jumps across the East River to We took this input from a wide range and the promised jobs never created, annex the Farragut Houses project in of sources and made changes to our yet the [two men] continued to mis- Brooklyn.’’ bill. On November 7, we circulated a represent to investors that the project That is the gerrymandering that goes new draft with Chairman GOODLATTE, was ongoing.’’ That same report goes on here to get a project in a very chairman of the House Judiciary Com- on to say that millions of dollars of in- wealthy part of New York to qualify. mittee. Ranking Member CONYERS of vestor money was used for other pur- I have to ask my fellow Senators: that committee joined our conversa- poses—can you believe this?—even How many more media reports will it tions, as well, and I want to tell you going to another completely unrelated take to understand the extent of EB–5 that Ranking Member CONYERS has had project in the Philippines. gerrymandering? Have the Senators invaluable input into this bill.

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.031 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8754 CONGRESSIONAL RECORD — SENATE December 17, 2015 Again, I want to emphasize—because table, along with a small group of de- There being no objection, the mate- that is what the leadership of this body velopers represented by law firms in rial was ordered to be printed in the is always talking about: Do things in a town, came with yet another new list RECORD, as follows: bipartisan way. Again, we had a bipar- of demands. They had half a dozen [From ABC News, Dec. 17, 2015] tisan, bicameral agreement with the major issues, not to mention their so LOBBYISTS DECLARE VICTORY AFTER VISA four leaders of the committees of juris- called technical changes. REFORM MEASURE DIES QUIETLY diction. The leaderships of both bodies After nearly 12 hours in the room (By Matthew Mosk) with EB–5 protectionists, Judiciary said that committees would do their After a multi-million dollar lobbying ef- job and be relevant to the legislative Committee staff conceded and tried to fort, congressional leaders Tuesday night process again, except for the EB–5 pro- find common ground, because we want- quietly scuttled a bi-partisan attempt to re- gram, evidently. ed to at least take care of these na- form a little-known immigration program We weren’t the only ones who wanted tional security issues and get some of that offers wealthy foreigners access to visas action. We had colleagues such as the fraud out of the program. The and U.S. Green Cards but has been beset by group I am talking about left with an allegations of fraud and abuse. Chairman CORKER and Chairman JOHN- The EB–5 program, called so due to its visa SON, who on November 6 joined me in agreement in concept. But again, you think you are satisfied, and you have designation, allows rich foreign nationals a sending a letter to Leaders MCCONNELL shortcut to a Green Card as long as they in- and REID, urging them to include crit- something to go on, and then all of a vest $500,000 in a designated job-creating ical provisions that would better guard sudden you find out the next day, when project in the U.S. Designed to spur the against fraud and abuse and give the staff was called in to finalize the lan- American economy, the program is also Department of Homeland Security the guage, that the industry said they feared to have been exploited by spies, ability to terminate centers that Sec- wanted more. money launderers and other criminals, as re- This is a very common theme. The vealed in an ABC News investigation earlier retary Johnson didn’t feel he had the industry wants more, and they wanted this year. authority to terminate and where more, and they wanted more. It made ‘‘There are well-documented national secu- there was obvious fraud. one really wonder if they actually rity concerns and abuse of the program, and As I said about Senator FEINSTEIN wanted a bill with reforms. a bipartisan, bicameral agreement on re- form,’’ Sen. Chuck Grassley told ABC News when I referred to her position on this This was an effort to hoodwink peo- issue, she would prefer to see the pro- in a written statement. ‘‘It should have been ple into what we thought were good- a no-brainer, but now it’s a missed oppor- gram end. In early November she faith negotiations, and it turned out it wrote: tunity.’’ wasn’t in good faith. Then, after all the But there were opponents to reform with We have seen in recent years that the pro- concessions made to the industries, money to spend—private groups that paid gram is particularly vulnerable to securities some Members in the Senate came to out more than $30 million in a lobbying ef- fraud. According to legal complaints, appli- us and wanted to make even more con- fort to protect the EB–5 program this year cants for some projects were swindled out of alone, including more than $23 million from their investment, and jobs were never cre- cessions. Despite all these challenges, the four corners of the Judiciary Com- the National Association of Realtors, accord- ated. . . . When the program comes up for re- ing to an analysis of lobbying registration newal in December, Congress should allow mittees compromised more. We gave in reports for ABC News by the Center for Re- the program to die. on many areas for the sake of national sponsive Politics. She is a respected Member of this security and, hopefully, taking fraud At the Capitol, the legislation was defeated body and very involved in national se- out. We tried to strike an agreement, by a group of lawmakers led by New York curity and intelligence issues. When as much as it made the bill weaker, be- Democrat Chuck Schumer, who argued that cause the security reforms are also des- security improvements were a good idea, but she sees something wrong with a pro- the way the reform was written would un- gram such as this, we ought to give it perately needed. But after all of that, our House and Senate leadership failed fairly hurt investments in his home state. proper attention. Regardless of how it died, lobbying groups Two weeks ago the Judiciary staff us. They extended the program without cheered the reforms’ downfall Tuesday night. was asked, after all these changes were any changes whatsoever for 10 months A lobbyist for one group, called the ‘‘EB–5 made in the bill, to come in and talk to in the appropriations bill that we will Investment Coalition.’’ posted a message on Democratic and Republican leadership. vote on tomorrow. No reforms. No Twitter declaring victory. Staff was asked to hear out the U.S. plugs for national security. No safe- ‘‘So proud of our EB–5 Investment Coali- guards against fraud and abuse—it will tion . . . TY [Thank You] Schumer, Cornyn Chamber of Commerce, the Real Estate and Flake,’’ it read, referring to other oppo- Roundtable, and other industry rep- go on for at least another 10 months. The bill we presented to the Repub- sition lawmakers Sens. John Cornyn, R– resentatives. I don’t think there is any- lican and Democratic leadership took Texas, and Jeff Flake, R–Ariz. thing wrong with listening to any- into consideration edits from the in- ‘IN DIRE NEED OF REFORM’ body’s view about any legislation we dustry, immigration attorneys, and Sen. Patrick Leahy, D–Vermont, who have—whether it is an individual or an several congressional offices. worked with Grassley on the program’s over- organization representing individuals. I am very disappointed that the lead- haul, said the EB–5 program has ‘‘long been But to have them right there in the ership simply extended a very flawed abused and is in dire need of reform.’’ room writing legislation, I think, goes ‘‘We pushed aggressively for its inclusion program. But I also know the product in the omnibus appropriations bill but con- a little bit too far. we provided them on Monday night did On that first day of December nego- gressional leadership inexcusably rejected not accomplish much that we were this much-needed reform,’’ he said. tiations, there was a lot of discussion hoping to do. It was a very flawed, Brokers who advertise overseas as agents about how New York wouldn’t be able compromised bill. It was too watered who can help procure visas for wealthy in- to compete with rural America if our down. It was a giveaway to New York vestors have repeatedly been accused of de- reforms were enacted. They thought City, Texas, and rich developers who frauding those foreigners who put up $500,000 the bill was unfair to urban areas, and simply wanted to protect their in the hopes of obtaining a Green Card. The they wanted every project in the coun- EB–5 program was being abused so fre- projects. It was a giveaway to affluent quently this way that the Securities and Ex- try to qualify for the special targeted urban areas and a failure for rural employment area designation. The so- change Commission took the unusual step of America. posting a public warning to potential inves- lution was to provide a set-aside of This morning we had the benefit of tors to be wary of such offers. visas at the higher levels to ensure some enlightenment as to how this ABC News reported on an EB–5 program they could use the program. It was ap- happened. I have an ABC News report that promised to use foreign investment to parent that an agreement was in the stating that more than $30 million was rebuild New Orleans in the aftermath of hur- works. But, when you have these spent this year alone in a lobbying ef- ricane Katrina. Investors sued, alleging the greedy people coming to talk to you, fort against the reforms—$30 million. money had been squandered or stolen, and there is no end to what they are going Mr. President, I ask unanimous con- said they were unable to get Green Cards be- cause no jobs were created. to ask for. sent that the ABC News article enti- The program was also criticized for how it When the group returned the next tled ‘‘Lobbyists Declare Victory After was used legally. day for discussion, the U.S. Chamber of Visa Reform Measure Dies Quietly’’ be Critics say that while it is intended to fun- Commerce and the Real Estate Round- printed in the RECORD. nel EB–5 foreign investment to business

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.033 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8755 projects in poor regions around the country work ended—a reform blocked by self- of the things I appreciate the most and in turn promote job growth, a majority ish interest. about Dave is his commitment to help- of the funds are actually supporting high-end I have to be an optimist around here, ing younger staff members develop real estate projects in wealthy areas. and I believe that, eventually, right ‘‘This program was established to help their abilities. That is a great quality areas with high unemployment, but it’s been wins out. It is time for things to around here where oftentimes people hijacked by investors with $500,000 putting change. I was for reform. I wanted to have a hard time learning how to dele- their money in Chelsea, not the Bronx,’’ said make it better. But now, I am not so gate and learning how to bring younger Nancy Zirkin, executive vice president of sure reforms are possible. It may be staff members along. His patience and The Leadership Conference on Civil and time to do away with EB–5 completely. his teaching ability are well known, Human Rights, which supported the reform Maybe we should spend our time, re- and staffers who work under Dave bill. ‘‘Our communities, in Baltimore and sources, and efforts on other programs come away with sophisticated analyt- Ferguson and other places, need the infra- that benefit the American people. structure and just aren’t getting it.’’ ical skills and a deep understanding of Outside opposition to the reform proposal Maybe it is time that this program the issues. was led largely by real estate developers who goes away. The commerce committee has had a have increasingly come to rely on the money The next 10 months will be spent ex- lot of successes this year, most notably from foreign investors, mainly from China. posing the realities and vulnerabilities passage of two major pieces of legisla- To add to the pressure from Leahy and of this program. As chairman of the tion—the Surface Transportation Grassley to impose new restrictions on for- Judiciary Committee, I will exercise Board reauthorization bill and the first eign investment visas, there was also pres- oversight of this program even more long-term highway bill in a decade. sure for Congress to act because the entire EB–5 program was set to expire this month. than I have in the past. I will ask Dave Schwietert was a key figure in tough questions and make more rec- each of those accomplishments. UNEXPECTED DEFEAT IN CONGRESS ommendations. My quest to either We have known for a long time that Leahy and Grassley, both senior members the Surface Transportation Board of their parties in high ranking positions, have EB–5 reformed or to end the pro- said they thought they had the support need- gram has just begun. This is not the needed to work better, and Dave really ed to push through the reform measure. But end, this is just the beginning. has been working on this reauthoriza- during weeks of discussions behind closed I yield the floor, and if I have any tion since I first became a member of doors, Sen. Chuck Schumer (D–N.Y.) time, I reserve the remainder of my the commerce committee. This year we emerged as a staunch opponent, arguing that time. were finally able to get it done. Dave the changes to the program would unfairly I suggest the absence of a quorum. can leave the Senate with the knowl- limit the amount of EB–5 money that could The PRESIDING OFFICER. The edge that legislation he helped enact be used on projects in New York City. That’s clerk will call the roll. will permanently improve things for because of a provision in the reform proposal intended to more narrowly direct the invest- The bill clerk proceeded to call the all those American farmers and busi- ment money to projects in low income areas. roll. nesses that rely on our Nation’s rail At present, close to 20 percent of the in- Mr. THUNE. Mr. President, I ask system to get their goods to the mar- vestment funds raised by foreign investors unanimous consent that the order for ketplace. seeking visas winds up backing a New York the quorum call be rescinded. This year’s landmark Transportation City development. Many of those projects in- The PRESIDING OFFICER. Without bill, which will strengthen our Nation’s clude glitzy high rise buildings in wealthier objection, it is so ordered. infrastructure and boost our economy parts of New York. But even those projects, The Senator from South Dakota. for years to come, was a product of a Schumer argued, were able to create large numbers of jobs in neighboring, low income f tremendous amount of work on mul- tiple committees. In the commerce parts of the city. TRIBUTE TO DAVE SCHWIETERT A spokesperson for the senator told ABC committee, we developed the bill’s ex- News that Schumer did not oppose efforts to Mr. THUNE. Mr. President, I rise tensive safety title, and Dave was once eliminate national security and fraud risks today to honor my commerce com- again a key figure in that process. I am associated with the program. mittee staff director, Dave Schwietert, particularly proud of the fact that we ‘‘Sen. Schumer supports reforms that will who is leaving the Hill after almost 16 managed to move from a party-line bring transparency and accountability to the years of service here in the Senate. EB–5 program, but strongly believes that the vote on the commerce title to strong EB–5 program should continue to act as a Earlier in Dave’s career, he worked bipartisan support when we were done. catalyst for thousands upon thousands of for the late Senator Craig Thomas, and In fact, when it cleared the Senate, it jobs throughout New York,’’ said Matt for the past 11 years, Dave has worked was with 83 votes. Dave deserves tre- House, a Schumer spokesman. ‘‘The proposed on my staff, serving his home State of mendous amounts of credit for that. reforms would have crippled the program and South Dakota. He started with me as a His ability to build consensus among would have held back job growth in urban staffer on the Environment and Public Members and staff of both parties is a and low-income areas in cities across the Works Committee when I first arrived huge reason we were able to pass a country.’’ in the Senate. After leaving the Envi- Negotiators said Schumer attracted sup- long-term transportation bill this year. port from Republican Sens. Cornyn and ronment and Public Works Committee, Another thing I always appreciated Flake. Instead of passing the reform meas- I was lucky enough to have Dave serve about Dave is his commitment to ures, they agreed, they would extend the pro- as my legislative director for 6 years. South Dakota. Like me, Dave is a gram for another 10 months without making When I became ranking member of the proud South Dakota native. In fact, he any changes. commerce committee, Dave came over comes from western South Dakota, Grassley expressed deep disappointment in as minority staff director, a position in Rapid City. I am a western South Da- the outcome. which he served 2 years before becom- ‘‘Leadership allowed the negotiations to be kota product. In fact, in South Dakota hijacked by a small number of special inter- ing majority staff director this year. you are either East River or West est groups who wanted the status-quo and Dave is the kind of staffer you al- River, and we both come from West the necessary reforms were shoved aside,’’ he ways hope to get as a Member. He has River. told ABC News. a brilliant mind. His memory for the Throughout his time on the com- A Washington, D.C. group called IIUSA, most arcane details of any policy is al- merce committee, he has never forgot- formed to advocate for EB–5 investment, most legendary. In fact, if you look up ten about the needs of South Dakota posted a statement online expressing grati- ‘‘policy wonk’’ in the dictionary, you families, farmers, and businesses. It tude for the decision by Congress to keep the probably would find a picture of Dave EB–5 program running. has always been forefront in his mind. ‘‘IIUSA will continue to advocate for a Schwietert—and I say that with the I am grateful for that. I know there are long term reauthorization with reasonable greatest amount of affection. He has a a lot of South Dakotans who are grate- reforms that succeed in enhancing Program deep dedication to his work. Over the ful for the bills he helped pass. Dave’s integrity and effectiveness,’’ the statement years, I have relied on his intellect and work will have a tremendously positive said. dedication more times than I can impact on South Dakota for many Mr. GRASSLEY. So this is where the count. years to come. years of work to reform EB–5 have Those aren’t the only things that dis- Mr. President, while it is difficult to come. So this is how several years of tinguish Dave as a staff director. One overstate how much Dave will be

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.008 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8756 CONGRESSIONAL RECORD — SENATE December 17, 2015 missed around here, I am happy he has I wish to make a couple of quick has been an incredible example of a bi- found an exciting new opportunity. It points about it on a policy matter. partisan, balanced energy package, has been said that lightning never First, many people say: Well, something we haven’t seen for quite a strikes twice, but as in so many other wouldn’t that jeopardize our energy while. things, Dave breaks the mold on this independence? I wish to recognize the many hours one as well. In fact, he was struck by Closing off the market and making that Senator HEITKAMP spent in meet- lightning not once, not twice, but three sure our commodities can’t find a mar- ings of every complexion under the times while on a rock climbing trip, ket encourages investment in other sun, educating our colleagues who but that hasn’t discouraged him, and I, places than the United States of Amer- don’t have oil- and gas-producing ba- for one, am grateful for that commit- ica, so it is counterintuitive. sins, as we do, on the intricacies of ment and tenacity. They say: Wouldn’t this actually what does this mean for price pres- My thanks also goes out to his wife raise our gasoline prices? sures, what does this mean for con- Sandra, his son Evan, and his daughter We had study after study that con- sumers, are the things that you intu- Lauren for allowing me to keep their cluded one simple thing: Either it itively might think actually not what husband and father here many times would have no effect or it would have a you would see in the actual market- late into the evening. downward effect since gasoline prices place. There was meeting after meeting I know I speak for a lot of people were measured against Brent, which is with the renewable energy associa- when I say that Dave will be deeply the international pricing benchmark. tions, in the solar field, in the wind missed, but he should know he goes for- When we look at what is good for con- field, and with colleagues on both sides ward with respect and the gratitude of sumers, what is good for jobs in States of the aisle. There were people such as many and the warmest wishes for all such as North Dakota and New Mexico, the Presiding Officer or the energy his future endeavors. what is good for national security, and committee chairperson, Senator MUR- Mr. President, I yield the floor. what is good for our allies—I spent a KOWSKI of Alaska. I suggest the absence of a quorum. lot of time last year talking to people I thank the Senator for that work, The PRESIDING OFFICER (Mr. from the EU and talking to people in and it has really been a pleasure to HOEVEN). The clerk will call the roll. Eastern Europe about the significance The bill clerk proceeded to call the work with her in that effort. of energy security and knowing that This is a very big step for New Mex- roll. Ms. HEITKAMP. Mr. President, I ask even though they didn’t have a source ico. Obviously, at any time when oil is unanimous consent that the order for of energy, they could buy energy from trading under $50 a barrel in a State the quorum call be rescinded. a country such as the United States of where we have two big basins—the Per- The PRESIDING OFFICER. Without America. mian Basin in the Southeast and the objection, it is so ordered. I frequently referred to our oil as San Juan Basin in the Northwest, not Ms. HEITKAMP. Mr. President, I ask ‘‘democracy oil.’’ It is not oil produced to mention production in the Raton unanimous consent to engage in a col- by countries that we are at odds with, Basin that is coming on—it is a very loquy with my great friend, Senator that we disagree with; this is oil that is big hit, not only to our job situation HEINRICH of New Mexico. absolutely an opportunity to use that and to the families who rely on those The PRESIDING OFFICER. Without soft power, to use that ability to ex- jobs, but also to our public schools in objection, it is so ordered. port. That idea was shared not only by the State of New Mexico. This oppor- f foreign policy experts from conserv- tunity to relax the oil export ban ative think tanks but many well-recog- means something concrete for that in- OIL EXPORT BAN nized Democratic foreign policy ex- dustry and for those jobs in New Mex- Ms. HEITKAMP. Mr. President, we perts. We are at the point of actually ico. It also means something very con- rise today to talk about an issue we getting this done, and that is the good crete for the future of jobs in New Mex- started talking about a year ago; that news. ico as well. is, the oil export ban. What we were We also know that frequently in the The incremental work on the renew- going to do is not only educate the Congress a good idea doesn’t happen in able side is one of the single biggest public about this 40-year-old ban but isolation; it happens when we are will- pieces of policy on clean energy that I also educate those colleagues in our ing to sit down and go to negotiations. have seen in my adult lifetime. caucus who do not have the level of ex- That is where my great friend from We are looking at two markets that perience that we have with the oil in- New Mexico came in, taking a look at have grown rapidly and that have pro- dustry. I can tell you that it has been whether there was an opportunity to duced, in solar’s case, 200,000 jobs in a journey. actually get a deal done and what we the last few years. That would have I want to make this point because I could do to make this actually happen. taken an enormous hit if we would always make this point when I talk So we partnered up pretty early in have allowed those incentives to go about it: Fundamentally ignore all the making the pitch together. away. As a result of this package, we other policy arguments. There is abso- I wish to ask my friend Senator HEIN- are likely going to see another 140,000 lutely no reason in the world to re- RICH, would you please talk about the jobs in solar alone. strict the export of a commodity that piece of this deal that supports the de- The incremental impact on the car- we produce in this country. Commod- velopment of renewables and what that bon front—the extension will offset 100 ities traditionally trade on a global means for your State, which is also an million metric tons of carbon dioxide market. If we are not going to distort oil-producing State, and what that annually. That is like 26 coal-fired the market, they need to find their means for jobs not only in a State such powerplants. market. This is a 40-year-old ban that as mine, which has a large manufac- These things impact small businesses didn’t make sense when they did it, turing facility that manufactures across my State as well as across the and it made even less sense in an envi- blades—plus, we think we are the Saudi country. But if you look at a small ronment where States such as North Arabia of wind. I know there are prob- State such as New Mexico with 2 mil- Dakota were on the path to produce ably 20 States that say that. In North lion people, we have close to 100 solar over 2 million barrels a day of light Dakota, it is true. I am sure the Pre- companies employing 1,600 people in sweet crude from our shale formations. siding Officer would agree that we are, these new fields, and it is growing rap- At the end of the day, when we look in fact, the Saudi Arabia of wind. idly. We have seen 358 megawatts of at the effort and we look at the anal- I ask Senator HEINRICH, what does solar energy installed. We have 812 ysis, occasionally a good argument this mean for you in terms of renew- megawatts of wind energy currently in- wins the day. I think that is what we ables? stalled and another 300 in the pipeline are seeing as we are on the verge of Mr. HEINRICH. I thank Senator right now, with another 300,000 to this Congress—signed by the Presi- HEITKAMP for her leadership on this 500,000 jobs associated with that in 2014 dent—lifting a 40-year-old ban on the issue. alone. exportation of crude oil that is pro- I thank the Presiding Officer for his This is the single biggest piece of pre- duced in this country. contributions to allow us to reach what dictability within renewable energy

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.038 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8757 that we have seen in a very long time. you ought to be able to find your mar- and I promised my friend from the We have learned the reality that one- ket. South that I would, in fact, conclude, plus-one-plus-one does not equal three. People say: It is remarkable you have but I saw someone I worked very close- When you add a tax incentive one year, been able to get this far. It tells the ly with on this issue come onto the you take it away, and you add it back, American public that the Congress can floor. I extend my great appreciation the sum of those is not nearly as robust function if people come willing to for the hours we spent together talking as when you have predictability over a make a deal. about this issue and the hours we spent period of time. That is what this does I see my friend from New Jersey, who with the senior Senator from Alaska, for our energy industries across the a lot of people would not have sus- basically educating as the first step board. pected played such an important role and then finally delivering a product I thank the Senator for all of her in our discussions and had such a will- that we can all be proud of. I extend work on it. I wish to ask the Senator a ingness to learn. He impressed a lot of my congratulations and my apprecia- question, in particular. This agreement our friends in the oil industry with his tion to the chairwoman of the energy obviously didn’t happen overnight. I rapid understanding of economics. I committee for the work that she did know we have been meeting for well tried to tell them he was smart. They and for her belief, along with my belief, over a year, and you have been think- occasionally get fooled by press re- that we could in fact get this across ing about it even longer than that. leases as opposed to actually meeting the finish line. I don’t think anyone at I ask Senator HEITKAMP, would you folks. any point, other than her and me, actu- talk a little bit about why you are so I think another great thing that has ally believed we could get it done this passionate about this issue and what come as a result of this is certainly a year. It is pretty remarkable that we specifically it means for the people of willingness of the Democratic caucus did. North Dakota. to listen to this argument. There has The PRESIDING OFFICER. The Sen- Ms. HEITKAMP. Well, it wasn’t that been a building of relationships that I ator from Alaska. long ago that North Dakota became hope will allow us to have a reasoned Ms. MURKOWSKI. Mr. President, I the second largest oil-producing State debate about oil energy development in thank not only the Senator from North in the country. We are challenged in this country going into the future. Dakota but many others for the effort North Dakota because we don’t have I say to Senator HEINRICH, I am going that has been made to get us to this the mature infrastructure of Texas and to ask you to close with an explanation point where we will soon have the op- the basin. We are challenged with of, when you look into the future, how portunity to vote to lift a 40-year-old transportation. But the amazing thing critical this is to your school system ban on export. is, we produce the best crude in the and what you see in terms of the future We are the only Nation in the world world, light sweet crude. The problem of the industry as a result of this that produces oil that limits our abil- with light sweet crude over the years is change in your State. ity to export that. It is a policy that 40 Mr. HEINRICH. I thank again Sen- it wasn’t the dominant crude that was years ago may have made sense at that ator HEITKAMP. I just wish to say how time, but it is so outdated. It is so past produced in the United States. As a re- important this is for the State of New time that we recognize we are that en- sult, the refineries are basically geared Mexico, in part from the perspective ergy superpower, and, as that energy up to refine heavy crudes. They are that our economy has been incredibly superpower, act like one. geared up to basically import crude challenged in the last few years. Com- The Senator from North Dakota from places such as Venezuela and ing out of the recessions, we have not mentioned there were very few people some of the heavier crudes. That is seen the growth that many of our initially who thought this could be what the refiners can do. And a lot of neighbors have seen. done. In January of 2014, I gave a refineries that can handle light sweet One of the places where we have seen speech to the Brookings Institute, and crude are not on a pipeline system. So growth has been the solar industry. For I called for repeal of the ban. At that on top of producing this great-quality the people working in the solar indus- time, I was the first policymaker who crude, we have additional transpor- try today, those are new jobs. Having really got out front and said what a lot tation costs and we were seeing deduc- certainty for our energy sector, which were thinking but were thinking tions. runs the gamut from the oil and gas maybe this was way too soon. When you add to that the challenge basins that I talked about, to the in- A couple months later, I had the op- of producing something that could be credible growth in solar energy, to the portunity to lay out a framework or a so important for energy security in our fact that we have a very strong wind pathway forward—a pathway that said country but also national security and component in the State—basically, the we are not going to lay down legisla- helping our allies with their energy se- eastern side of our State is very much tion right now; we are going to build curity in Europe—when you add the in the same wind-mapping zone as the the case, and 2014 is going to be the challenge of that product not being Panhandle of Texas. This means pre- year of the report. There were some able to find a market, what that means dictability. It means jobs. It is one of dozen reports—very considered, sub- is that this energy renaissance for the the single biggest economic things that stantive reports—that came out and country that we are so proud that we we could have done for the State of said: This isn’t going to increase the participated in begins to basically dim. New Mexico since I have been in the price of oil. This is going to be good for This idea that we can be energy inde- Senate. jobs and our economy. This is going to pendent starts dimming, and we start I think we have a lot to be proud of. be great, important, and vital for our seeing people cut back on investment, We were also able to extend the Land role around the world to help our allies and we start seeing people reduce their and Water Conservation Fund, some- and to help others who would like to plans to invest in this country when thing that has been working for this rely on our energy resources rather they know they can go offshore and ac- Nation, across the country, for 50 than on Russia or Iran. tually market their product. years. That is very much tied to our So that path was set. I think it set So the bottom line is that this isn’t leasing of oil and gas offshore. the table for where we are now, in 2015. going to raise oil prices overnight. Certainly, my colleague Senator We were able to introduce legislation, Those folks who may have a prediction UDALL knows that program inside and to have it heard by our committee, to that this is going to result in a dra- out. He has been an incredible cham- move the bill out of committee, to see matic increase—I don’t think they pion for it. His father made it happen the House do the same and move it really understand the oil markets and when he was Secretary of the Interior. across the floor, and to get us then to what is happening right now. But what I conclude my remarks and thank the point where we could consider it in it does do is it takes a commodity that you again for allowing me to engage in various legislative vehicles. It didn’t should always have had the oppor- this colloquy. I thank our colleagues quite work with NDAA. It didn’t quite tunity to find its market and it applies for being able to work on a bipartisan work with the Iran deal. It didn’t quite free enterprise system principles and it basis. work with the transportation bill. But applies capitalistic principles. When Ms. HEITKAMP. Mr. President, I now we are here with this omnibus you produce something in this country, know that we are up against the clock, package.

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.040 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8758 CONGRESSIONAL RECORD — SENATE December 17, 2015 Again, recognizing that this is so passenger rail portion of the Transpor- which is probably the busiest rail cor- substantive from a domestic policy tation bill which the President has al- ridor in the country. It is one of the perspective is something that I think ready signed. most productive regions of our Nation, the occupant of the Chair, as well as So I ask unanimous consent that the and, unfortunately, it has an inad- Senator HEITKAMP, as well as Senator Senator from New Jersey and I be al- equate infrastructure. More people use HEINRICH from New Mexico—all pro- lowed to engage in a colloquy con- rail than fly in that corridor. The chal- ducing States—can recognize the enor- cerning this legislation. lenge is that the corridor itself has be- mous gains. But I think we also need to The PRESIDING OFFICER. Without come a choke hold right around the consider the very real, very sub- objection, it is so ordered. New York-New Jersey region. One of stantive difference that we will make Mr. WICKER. Mr. President, I am so the reasons is because the Hudson when as an energy superpower are able pleased to have worked with Senator River crossing—the busiest river cross- to share our resources—whether it is BOOKER on the rail portion and on the ing in the United States of America— oil, whether it is natural gas—to help entire Transportation bill. I am pleased has tunnels that are inadequate and in- whether it is our friends in Europe, it has passed the House and Senate and effective at this point. These tunnels whether it is Poland, which is 95-per- been signed into law by the President— were built back in 1910. Nobody in this cent reliant on Russia for its oil, a major accomplishment. body remembers those years, person- whether it is South Korea or Japan. I would note that predecessors of ally, but the tunnel began construction Alaska has been able to export its oil ours from our States were part of the 1 year after the famous flights at Kitty since 1996, when we received basically a last major effort for a comprehensive Hawk were just getting off the ground waiver. We have seen the benefits that rail bill. My predecessor, Trent Lott, in air travel. These tunnels were com- oil exports bring. Our State has had along with the late Frank Lautenberg pleted less than a decade before the the ability to do so. Why should the of New Jersey, were the authors of the start of the First World War. So today, these tunnels are in hor- rest of the country not see that ben- Passenger Rail Reform and Investment rible condition. The whole region is efit? Act, which was introduced in 2007, and Again, since 1996, with our oil, we much work on it was done before Sen- suffering as a result of it. I hear time have exported our natural gas from ator Lott resigned at the end of 2007. It and again from constituents about the urgency for investment in rail. Resi- Cook Inlet, and it has actually been was actually passed in 2008. So I think dents now, because of the delays, be- the longest term export contract that it is quite appropriate that Senator cause of the challenges with New Jer- this country has seen as far as natural BOOKER and I would be allowed to fol- sey Transit, have to leave earlier for gas. We have seen the benefit. We know low in their footsteps and participate work, miss time with their families, that when we are the export trading in this legislation, which deals with miss dropping off their kids at school, partner, we as a nation benefit from it. making our rail system safer in the lose out on productivity. The produc- Whether it is jobs, revenues, growth or United States and more efficient and tivity losses in this region amount to prosperity, this is good, this is a win, puts greater attention on planning and hundreds of millions of dollars. So this and it is very important. Again, I ap- efficiency. I know that Senator BOOKER shares my enthusiasm for the accom- is an urgent cause for us. That is why preciate the efforts of so many that I was so grateful, really celebrating the plishment that this Congress has made have brought us to the place that we fact that we have a partnership in the in that regard. are today. Senate that can actually get some- I think we acknowledge that, yes, Mr. BOOKER. Mr. President, I would thing done when it comes to rail trav- there are heavy legislative lifts around first say thank you. I do share that en- thusiasm. I appreciate the way the el. here. But I think we work construc- For us in this region, we know the Senator began his remarks. This is a tively to build the case, to try to challenges. We have tunnels under the tradition of bipartisanship that goes depoliticize to the extent possible, to Hudson River that are clearly in a avoid the partisanship that can come beyond the Senator and me, but I want state of significant decay and disrepair into specific issues, by saying: Let’s ex- to say this about Senator WICKER be- that some engineers say have less than amine this from a policy perspective. cause I am new to the Senate. I am a decade on them. One single day of Does it make sense to lift sanctions on here about 25 months now. But this missing access to those tunnels for Iran for their oil and keep in place a last full year when I have been working that artery could hurt our regional ban on our U.S. oil producers, effec- on this passenger rail bill as the rank- economy by about $100 million for one tively sanctioning U.S. oil producers? I ing member of that subcommittee, I single day in wasted productivity. think we got a lot of colleagues when have found him to be tough, to be bal- So this spring Senator WICKER and I we raised that question to them: Think anced, to be strong and thoughtful joined together to introduce this legis- about it from a policy perspective and about what is best for America, think- lation, the Railroad Enhancement and whether it is good or outdated. This ing about our country first, thinking Efficiency Act. That bill is making one is outdated, and it was time to go. about his great State, our country, how critical investments. The bill very So I thank Senator HEITKAMP for we are going to create jobs and how we critically would allow the Northeast yielding for just a moment and allow- are going to improve in an increasingly Corridor to reinvest its profits into ing me to speak very briefly to what I globally competitive environment. It that region, which is going to be sig- think is very significant for this coun- has been an honor to work with him. I nificant for helping to give us a 21st try, both domestically and internation- think what we accomplished together century competitive infrastructure. ally. Let’s let the United States of is extraordinary, and it is going to That is something I cannot understate America be that energy superpower have a profound impact. the urgency of. The bill adds critical that we are. This bill makes critical investments safety provisions that will help with The PRESIDING OFFICER. The Sen- in our rail infrastructure. It makes im- positive train control. ator from Mississippi. portant safety reforms, and it helps to Earlier, as was mentioned by Senator f move our country forward, literally WICKER, the Chamber passed the Fixing and figuratively. America’s Surface Transportation Act, PASSENGER RAIL SYSTEM Rail efficiency and safety is critical or FAST Act, a 5-year, $305 billion Mr. WICKER. Mr. President, I rise to our national success. It is a priority. transportation compromise bill that, first to commend the three Senators This idea of protecting Americans is a for the first time, includes the rail pro- who have just completed their col- priority of both Senator WICKER and visions that I am proud to say were in loquy. They have been discussing an me, and it is critical that we have rail our Railroad Enhancement and Effi- accomplishment this year that results safety, especially as we go forward. I ciency Act. from bipartisan efforts. I too would have seen, unfortunately, in the past So this bill that passed the Senate like to speak about a bipartisan effort some very challenging accidents. will enable critical projects, such as that I have been engaged in with the For me and my constituents in New the Hudson Tunnel plan. It is going to Senator from New Jersey, who joins me Jersey, rail is incredibly important. We achieve incredible safety for our com- on the floor today, which would be the are part of the Northeast Corridor, munities. I just want to again thank

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.041 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8759 Senator WICKER for his noble service. I from a committee standpoint, but I Walter Reed. It also has great public am sure he and I would both like to also want to salute my Democratic institutions, such as the National In- thank Senators THUNE and NELSON, the brothers and sisters who said: Yes, we stitutes of Health, the National Weath- ranking members on the overall com- can do this, and we ought to do it not er Bureau, the national NOAA sat- mittee, who worked to ensure that our as Republicans and Democrats but as ellites that tell us what the weather bill was part of the massive highway Americans for the American economy. will be, and also agencies such as the transportation bill. There is our long- My hat is off to my partner in this ef- Food and Drug Administration. term economic competitiveness as a fort and to everyone on both sides of Although we have the Federal assets country. We talked about national se- the aisle for making this a reality. in Maryland, they serve the Nation. curity. Well, our economy fuels our The PRESIDING OFFICER. The Sen- These aren’t Maryland’s institutions; strength at home and abroad. Investing ator from New Jersey. these are national institutions, but in infrastructure, which has a long his- Mr. BOOKER. Mr. President, I want they employ Marylanders. tory of being a bipartisan priority, is to say in conclusion that there is that In this bill, working on a bipartisan something on which I am proud to join story about the little engine that could basis, we have increased the funding with Senator WICKER and continue that and that did not give up and worked for the National Institutes of Health by great American tradition of investing through trials and tribulations. Sen- $2 billion, increasing it to $32 billion. in our communities, creating more ator WICKER represented the values in Working with both Senator MURRAY, growth, creating more jobs, and cre- that story. I am grateful to have the ranking member, and Senator ating a strong economy, which makes worked with him on this project, and I BLUNT, the chair of the subcommittee, for a strong nation. look forward to working with him we have nicknamed the National Insti- Mr. WICKER. Mr. President, it prob- again to move our country forward. tutes of Health the ‘‘National Insti- ably doesn’t come as a surprise for peo- The PRESIDING OFFICER. The Sen- tutes of Hope.’’ Why? Because it looks ple to hear a Senator from the north- ator from Maryland. to find the cures and breakthroughs for east be such a strong advocate of pas- f America’s devastating diseases, from senger rail and Amtrak. But I can tell cancer to Alzheimer’s. But at the same OMNIBUS LEGISLATION you as this representative of Mis- time, while we have worked on funding sissippi and a Senator from the south- Ms. MIKULSKI. Mr. President, I rise the research to find cures and break- eastern part of the United States, we to speak on the Consolidated Appro- throughs, they must be moved to clin- believe in passenger rail, too. It is im- priations Act of 2016, otherwise known ical practice. That is why we in Mary- portant to the entire national econ- as the omnibus. Three months ago, it land have fought so hard to make sure omy, and so it is important to our was unclear if we would get a budget the Food and Drug Administration is economy. It is also important to the deal that would lift the caps for both capitalized in a way that it does its economy in my region of the country. defense and nondefense spending. It job. I am pleased and excited about the was unclear if we could really not head The Food and Drug Administration, possibility of restoring passenger rail to a showdown. It was not clear if were which employs over 4,000 people, is re- to the gulf coast for the first time heading to a shutdown, and we were sponsible for our food safety, both here since Hurricane Katrina. We made it not clear if we could cancel sequester. and as it comes in from abroad, and work between New Orleans and the I am proud to say, as the vice chair also for being able to move drugs, bio- Mississippi gulf coast and Mobile and of the Appropriations Committee, that logics, and medical devices into clin- Orlando before the storm, and we think the committee has completed its work. ical practice and demonstrating that we can make it work now. We have done it in a bipartisan way they are both safe and effective. It is a One provision in the bill establishes a and in a way that there will not be a big job, and it is a big employer in our new gulf coast working group, which shutdown of the government. We have State. will receive a $500,000 grant specifically canceled sequester, and we have done We also want to make sure that we for the purpose of returning rail to the this in a responsible way. look out for those who are the most area. Another provision creates a grant The House is working on the bill needy. This Senate and this Congress program that can assist applicants like now. We shall be voting on it tomor- often talk about Social Security and it the Southern Rail Commission and has row. Tomorrow I will talk about the also talks about Medicare. Both of worked to restore passenger rail to the national implications of the bill when those—the Social Security Administra- gulf coast. it comes before the Senate, but today, tion and CMS—are located in Mary- In addition, I am an advocate of com- as the Senator from Maryland and for land. We are very proud of that. The petition, so I am pleased to see that Maryland, I wish to talk about the pub- Social Security Administration is in a this new legislation opens up the possi- lic investments this bill makes to sup- community called Baltimore County, a bility of having private rail carriers port the Nation’s needs, which also neighborhood called Woodlawn. It has a competing for up to three of Amtrak’s supports Maryland’s needs, which sup- building that is 57 years old, and it long-distance routes. I think in this ports Maryland’s jobs. hasn’t had any improvements since way we can achieve cost savings, better As the vice chair of the committee, 1959. They work in terrible situations, performance, and good worker protec- my first job—and as the Constitution with mold, decay, crumbling tech- tions. requires—is to be the Senator from nology, and even vermin. We make sure In closing, let me say that we are Maryland, and I require myself to be that those who administer the Social glad the law has been passed and the Senator for Maryland. I am proud Security Program have the right facili- signed. It seems from this angle that it to say that this bill does make the ties and also have the right tech- was so inevitable, but I can tell you kinds of public investments that I be- nology. and I think Members of the floor on the lieve will help America’s and Mary- We worked very hard to be able to Senate who are listening to this col- land’s future. stand up for our Federal employees. loquy would have to admit that this This bill delivers on a promise I made Again, working on a bipartisan basis, didn’t have to happen. As a matter of many years ago that I would look after we allowed a 1.46 percent cost-of-living fact, it could easily have fallen off the the day-to-day needs of my constitu- adjustment. rails or fallen off the tracks. ents and the long-range needs of this We were absolutely appalled to find On a bipartisan basis, people on this country. out about the OPM data breach, which side of the aisle and on Senator BOOK- You will be interested to know that had a devastating effect on over 130,000 ER’s side of the aisle did not allow the Maryland is the home to 20 major Fed- Federal employees both here and distractions and the naysayers to pre- eral facilities with more than 200,000 around this country. What we did, vail. We insisted that if we kept work- Federal employees and retirees. We working on this bill, we are going to ing, we could get this entire package have great military installations, such make sure that the Federal employees done on a bipartisan basis. as Fort Meade, the National Security have 10 years of credit protection since I wish to salute Republican Members Agency, Cyber Command, the U.S. OPM fell down on its job in protecting in the majority who put this forward Naval Academy, Naval Bethesda, and them.

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.042 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8760 CONGRESSIONAL RECORD — SENATE December 17, 2015 We also have been very concerned created—will be determined by Con- Now the hedge funds appear to be about physical infrastructure. We work gress, and this language makes crystal spending big money and going to ex- very hard in terms of the Metro. Metro clear that this body does not support treme lengths to stop housing finance is not a Maryland subway; it is not a efforts to return to the failed model of reform in order to reap huge financial Virginia subway; it is America’s sub- private gains and public losses. returns. As they know how to do so way. For all who ride that subway, we As we wrap up our legislative busi- well, these wealthy hedge funds made a have been absolutely concerned about ness of 2015, I am also here to remind highly speculative bet that Congress their safety. Working with our col- my colleagues that there is much work would fail to do its job, structural re- leagues across the Potomac, we have to be done in the new year to finally form efforts would fail, and Fannie and been concentrating on Metro safety, address the last unfinished business of Freddie would be recapitalized and re- and we were able to put the funds in the 2008 financial crisis. Prior to the leased out of conservatorship. Under the Federal checkbook to be able to crisis, mortgage giants Fannie Mae and that bet, the taxpayers lose while some improve that. We also want to be able Freddie Mac were publicly traded. of the wealthiest hedge fund managers to get people to the jobs, and that is They benefited from an implicit gov- get even wealthier. That is why the why we funded the Purple Line. ernment guarantee, which meant any Wall Street hedge funds want to stop There is a great opportunity in Mary- upside went to the company. But as we efforts to protect taxpayers in the hope land, and I hope it comes to other parts saw at the height of the financial cri- that Fannie and Freddie could be re- of our country, which is modernizing sis, the downside of that structure fell capitalized and released from con- our ports. Whether you are in New Or- on the taxpayers and it fell hard. servatorship. leans, whether you are in Baltimore, In September of 2008, because of this Let me be clear. Under that sce- whether you are in Charleston, Long flawed model, losses mounted at nario—recapitalizing and releasing Beach, CA, the ports need to be mod- Fannie and Freddie, causing taxpayers Fannie and Freddie in their current ernized. It is a great opportunity for to write a $188 billion bailout check to form—we would fall back to a system jobs—real jobs in construction and real keep them afloat. These entities re- of private gains and public losses, lin- jobs here. main in government conservatorship ing the pockets of multimillionaires I am happy to say we worked very today, backed by the taxpayers and while leaving taxpayers on the hook hard over the years with my col- owned by the U.S. Treasury Depart- for future bailouts. Looking at what is leagues, my beloved friends—Congress- ment. at stake, one can see why these hedge woman Helen Bentley, a wonderful Re- A 2014 Federal Housing Finance funds are so engaged in stepping on the publican woman. They called us the Agency stress test projected that the taxpayers and preventing reform from occurring. salt and pepper of the Maryland delega- GSEs could require a $190 billion tax- Using a self-analysis from one promi- tion. We worked to make sure our port payer bailout to keep them afloat dur- ing a future crisis—something none of nent hedge fund under a recap-and-re- was dredged and ready for the future. lease scenario, this fund—with an esti- There are many other issues that I us wants to see happen. mated current holding of $366 million— can show, but I wanted to show that we Because housing finance reform re- has a potential net profit of $8.1 billion are making public investments that mained the last unaddressed piece of the financial crisis left, in 2013 Senator and a total sale of $8.4 billion. To give not only look out for American jobs another example using those same pro- but our Federal employees working in MARK WARNER and I developed legisla- tion that attempted to address the jections, another prominent hedge fund these key agencies—the National Insti- with an estimated current holding of tutes of Health, the Food and Drug Ad- flaws in our housing finance system and protect the taxpayers. This bill has $501 million has a potential net profit ministration, the National Weather of $2.3 billion or a sale of over $2.8 bil- Service. These are civil servants who, been called the blueprint for how our Nation’s housing finance system should lion. while they are located in Maryland, are These hedge funds, and several oth- look in the future. working on a national mission. I am ers, would benefit greatly from a recap- After working with a group of bipar- glad of the role I played to make sure and-release scenario, which is why they tisan Members and then-Chairman Tim they were capitalized. are so adamantly opposed to housing Johnson and Ranking Member MIKE I thank my colleagues on the other finance reform that would put tax- CRAPO, a reform bill passed the Senate side of the aisle because they, too, un- payers’ interests above their own. Banking Committee in May of 2014 by a derstood why these investments are Surely, we will not conflate the clear vote of 13 to 9. This bill would protect important. interests of the hedge fund managers, taxpayers from future economic down- Much is said about why we need to be which are billions of dollars in profits, turns by replacing Fannie and Freddie America the exceptional, and I believe with the critical need to protect tax- it is these kinds of programs. Our with a privately capitalized system. payers from a future bailout by enact- human infrastructure, our innovation, Unfortunately, it did not come to the ing sound housing policy in our coun- and our physical infrastructure is what Senate floor, but that does not change try. Returning to the failed model of we are doing. the fact that there continues to be private gains and public losses would There are many things in this bill. broad, bipartisan, bicameral support to leave taxpayers on the hook for the Many will complain about how big it reform these entities. GSE’s $5 trillion in outstanding liabil- is. But it is not how big the bill is, but That broad support at the committee ities. That is why I believe we must it is how effective we are in helping level and throughout Congress came act. America be able to be what America despite pushback from a number of Inclusion of the jump-start provision is—a land of opportunity and a land of large, self-interested Wall Street hedge in this bill is a good first step. This leg- growth and a land that knows how to funds. Let me explain. As a result of islation would prohibit the sale of protect its people and protect the the 2008 bailout, Treasury purchased Treasury-owned senior preferred shares world. senior preferred stock in Fannie and in Fannie Mae and Freddie Mac with- Mr. President, I yield the floor. Freddie and was given sole discretion out congressional approval and ensure The PRESIDING OFFICER. The Sen- to sell or otherwise dispose of those Congress, and not self-interested hedge ator from Tennessee. shares. Seeing an opportunity to make funds, has the final say on how our f huge profits at the expense of tax- housing finance system should look in payers, a number of big Wall Street the future. FANNIE MAE AND FREDDIE MAC hedge funds and other entities rushed While I believe that recap-and-re- Mr. CORKER. Mr. President, as we in when Fannie and Freddie crashed. lease is totally inappropriate, I do un- continue consideration of the omnibus, They bought shares for pennies on the derstand that the hedge funds still I rise today to applaud the inclusion of dollar after the government had taken have claims to deal with in court, and language I coauthored with Senator them into conservatorship and know- this legislation does not prejudice MARK WARNER that will ensure that ing full well the government would those claims. the fate of mortgage giants Fannie Mae have the authority to make decisions I believe the blueprint Senator WAR- and Freddie Mac—entities Congress relative to their future. NER and I laid out in 2013 is a good

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.047 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8761 starting point and one that will protect countries, including our own. Over 27 floor, I wish to thank him. Among taxpayers, but this legislation in the million people are enslaved today. many other issues he has dealt with on omnibus bill is silent on the future sys- That is more than four times the popu- the Senate Foreign Relations Com- tem. It simply says Congress should lation of my home State of Tennessee. mittee and Banking Committee, he has have the final say in what happens to Modern slavery comes in many forms done great work on this issue. He is ab- these entities—again, entities that and it preys on women and children the solutely right about the scourge of Congress created in the first place. most. This brutal, multibillion-dollar human trafficking and how we need to With passage of this provision—in industry deprives individuals of their do more—not just here at home but the face of extremely intense opposi- basic human rights. Rather than hold- internationally—to try to break it up tion—we are telling taxpayers we are ing a schoolbook, children in India are and rescue some of these children. putting to bed the idea that returning stacking bricks. Rather than sitting in Often the typical profile of a trafficked to the status quo is an option. We will a classroom, young girls in the Phil- person in the United States is a young not return to a system where big ippines are sitting in brothels forced girl 12 to 14 years old. It is a travesty. Fannie and big Freddie control the into sexual servitude. In Ghana, young I thank him for his great work and lion’s share of our housing system and boys are forced into a life of slavery on congratulate him. taxpayers are exposed for future bail- fishing boats, and worldwide men and f outs, but there is more work to be women hoping only to better the lives done. of their families are stripped of their OMNIBUS LEGISLATION The question I have is this: Moving passports and trafficked for labor. Mr. CORNYN. Mr. President, this forward, who are we going to fight for? I cannot thank the Senator from week the Omnibus appropriations bill Are we going to abdicate our responsi- Texas enough for the incredible efforts was released, along with the tax relief bility and shy away due to efforts by he put forth to ensure that we do ev- bill, that extends and makes perma- large Wall Street hedge funds wanting erything we can in our own country to nent many important tax credits and to get wealthier off of taxpayers by keep this from happening. He has been lays the foundation for comprehensive placing taxpayers at greater risk or are heroic. tax reform, hopefully sometime soon. we going to fight for the people whom These are our daughters, sons, moth- Members of this Chamber and the we represent? ers and fathers, and that is why it is so House have been reviewing the text of As all of us who served in this body important that we take bold action. both pieces of legislation, and I am during the financial crisis know well, Those who have been fighting this hei- happy to report that the House of Rep- the American people do not want to nous crime for years all say that to end resentatives has now given a resound- write another bailout check. Without the practice of modern slavery, we need ing bipartisan vote on the tax relief housing finance reform, that is an all- a reliable baseline data and consistent, bill, with 318 Members of the House of too-real possibility. effective monitoring and evaluation. Representatives voting to support it. To my colleagues, trust me. I know a They also say that what is most crit- The House, we are told, will move on number of you have felt pressure from ical in this fight is the need for a fo- the Omnibus appropriations bill tomor- large Wall Street hedge funds and the cused, sustained effort that can lever- row morning, and then we will take up interest groups they support, but I also age and coordinate private and govern- both bills tomorrow morning in the know there is not one of you who truly ment funding. That is where the End Senate. wants to put private investors’ interest Modern Slavery Initiative Act comes I want to just remember and recall ahead of the people we represent. into play. for anybody listening that the appro- In the new year, it is time for Con- This bold, bipartisan initiative has priations process did not have to end gress to finally do its job. By finally received broad support from over 90 in- up this way. As a matter of fact, after addressing the last major piece of un- dustry experts, nongovernmental orga- having passed the first budget that finished business from the financial nizations, and faith-based groups. This Congress has had since 2009, that then crisis, we can once and for all end this initiative will seek to raise $1.5 bil- authorized the Appropriations Com- failed model. Fortunately, a lot of the lion—more than 80 percent of which is mittee to begin the process of consid- heavy lifting has already taken place. expected to come through matching ering and passing 12 separate appro- As we look forward to 2016, pro- funds from private sector and foreign priations bills. Once they are voted out tecting taxpayers by reforming our Na- governments—to fight slavery world- of committee, we will bring them to tion’s housing finance system should wide. This model is designed to lever- the floor, where they are open for be near the top of the to-do list. This age limited foreign aid dollars and gal- amendment and debate in a completely legislation takes us a step in the right vanize tremendous support and invest- transparent process, where people can direction toward that effort by saying ment from the public sector, philan- understand the details of the legisla- the fate of mortgage giants Fannie Mae thropic organizations, and the private tion. and Freddie Mac will be determined by sector to focus resources responsibly It didn’t turn out that way because Congress. where this crime is most prevalent. our Democratic colleagues filibustered I remain committed to doing every- The Omnibus appropriations bill that these individual appropriations bills, thing I can to make sure we do not re- we will vote on this week brings us one thereby leaving us with no alternative turn to the same failed model that put step closer to making this initiative a but to consider this massive Omnibus taxpayers on the hook for billions of reality with a $25 million downpay- appropriations bill. dollars, and instead we can create a dy- ment. There are many complex prob- I am tempted to call this omnibus namic housing finance system that lems facing this country that demand bill an ominous bill, but I am not sure works for Americans rather than our attention but perhaps none whose that is pejorative enough. It is not the against them. existence threatens the very concept of right way to do business. I am dis- f what it means to live in a free society. appointed. I am disappointed in our Ending modern slavery and human colleagues across the aisle who forced END MODERN SLAVERY trafficking will not come easy, but we us to do business this way with them, INITIATIVE ACT have a moral obligation to try, and I but I hope next year we can have a reg- Mr. CORKER. Mr. President, I also am proud—really proud—that Congress ular and open appropriations process, rise to applaud Congress for including is taking that step and investing in one that will serve the American peo- important funding in the Omnibus ap- this critical fight. ple far better. propriations bill that will help in our With that, I yield the floor and thank I am by no means happy with the efforts to fight human trafficking and the Senator from Texas for allowing way this year-end funding bill has slavery around the world through the me to speak at this time. come together, after having been hi- End Modern Slavery Initiative Act. The PRESIDING OFFICER (Mr. CAS- jacked, held up, and effectively shut I think most Americans would be SIDY). The Senator from Texas. down, but if this sounds familiar, this stunned to know that over 27 million Mr. CORNYN. Mr. President, before looks a lot like the strategy they em- people are enslaved in more than 187 the Senator from Tennessee leaves the ployed when they were in the majority

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.049 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8762 CONGRESSIONAL RECORD — SENATE December 17, 2015 preceding the election of just a year the oil field it translates into three ad- known as COOL. This has been a real ago. Do you know what happened? ditional jobs in the supply chain and problem for our livestock producers in Well, it didn’t work very well because another six in the broader economy. So Texas and in the United States. By re- they ended up losing their majority. we are talking about a major oppor- pealing these costly food labeling man- Needless to say, the American people tunity for job creation throughout our dates, the United States will avoid a actually want us to do our jobs, to look country. trade war with Canada and Mexico, two out for their interests, and to make Doing away with this outdated pro- of our largest export and trading part- sure we pass legislation that is thor- tectionist policy also gives the United ners, and will help Texas farmers, oughly considered, transparent, and States an opportunity to promote ranchers, and manufacturers back then we could be held accountable for stronger relationships with our allies home in my State and across the coun- the votes we have made. Unfortu- and partners around the world. Today try. nately, this omnibus appropriation many of our allies in Europe, including In terms of national priorities, the process undercuts those principles, and some of our NATO allies, rely on coun- omnibus bill increases resources for as I said a moment ago, it is not a good tries such as Iran and Russia for their our military, thanks to the leadership way—it is a terrible way—to have to do energy needs. Our allies’ dependence on of people such as the chairman of the business. our adversaries for basic needs such as Senate Armed Services Committee. But I am happy and proud of the fact heating, electricity, and fuel creates a This bill will increase resources for our that in virtually every other area we real vulnerability that exists for the Active-Duty military to make sure have undertaken—following the budg- United States, as their ally and part- that those deployed around the world, et, the multiyear highway bill, the ner. By lifting the ban, the United as well as those serving stateside, have trade promotion authority legislation, States can help offer our friends a what they need to get the jobs done the Defense authorization bill that was chance to diversify their energy sup- that they volunteered to do. led by our colleague from Arizona, the plies and enhance their energy security This legislation also blocks over- chairman of the Armed Services Com- and avoid giving people such as Vladi- reach by the Environmental Protection mittee, the Justice for Victims of Traf- mir Putin the opportunity to use oil Agency by providing no new or ex- ficking Act that passed 99 to 0—as I and gas and energy as a weapon. panded funding for its programs—the was talking about with the Senator Lifting the crude oil export ban will lowest level of funding since 2008. from Tennessee, it is clear we know strengthen our economy. It will actu- Finally, this bill prioritizes our vet- how to work together on a bipartisan ally save Americans on their gasoline erans and helps ensure they are better basis, disagreeing on some issues but prices at the pump by increasing sup- able to receive the care and benefits finding common ground where we can, ply, and it will help our friends and al- they deserve in a timely manner. and the American people end up being lies around the world. So it is a big win This legislation also includes the the winner. for the American people, whether or Protecting Americans from Tax Hikes Dysfunction and shutdowns do not not you work directly in the industry. Act, which includes the permanent ex- work. That is not why most of us came Finally, I would say—and I know the tension of State and local sales tax de- here. Most of us came here to try to Senator from Arizona is waiting to ductions, something that amounts to make this institution and the country speak, so I will be brief—that I am more than $1 billion in annual tax re- and conditions for our constituents a happy to see that the omnibus also in- lief for Texans. This will ensure that little bit better, one step at a time. cludes several bipartisan priority items Texans are on a level playing field with In this Omnibus appropriations bill that will benefit my constituents in those who deduct their State income there is an issue I want to highlight, Texas. For example, for years I have tax, because we don’t have an income and that is a clear win for progrowth worked alongside of Congressman tax and never will. That is something and one that will foster, not hinder, job FILEMON VELA, a Democrat from South that I can say that Texas will never creation, and that is lifting the dec- Texas, to put pressure on Mexico to have. As I said, it never will. ades’ old ban on exporting crude oil fulfill its commitment to deliver water This also rolls back several of Presi- produced here in America. This month to South Texas as outlined and re- dent Obama’s ObamaCare taxes and actually marks 40 years since the quired in a 1944 treaty. Now this is in- can provide relief to folks all over the United States implemented a ban on credibly important for a wide swath of country being crushed by the Presi- the export of crude oil, a policy that folks whose access to water is not al- dent’s failed, unpopular health care was put into place as a precaution to ways assured. This bill includes lan- law. protect the United States from disrup- guage that reinforces that commit- So while no legislation is perfect, and tion in the global oil supply. But as we ment and includes a measure that re- indeed this process is the antithesis of all know, the world looks a lot dif- quires the State Department to assess perfect—it is the wrong way to do busi- ferent than it did back then. The shale the impact of Mexico’s water debt on ness—this is the hand we have been revolution has helped the geopolitical Texas and the rest of the United dealt by the filibusters of the appro- energy landscape turn in favor of the States. priations bills by our Democratic col- United States, and we have an abun- This bill also renews an innovative leagues. So we are doing the best we dance of oil and natural gas available, port of entry partnership program can with the hand that we have been not only for our use here domestically modeled after the Cross-Border Trade dealt. In the end, nothing passes Con- but to export to our friends and allies Enhancement Act. This, too, is bipar- gress and gets signed into law by the around the world. By doing away with tisan legislation in this case, which I President without some level of bipar- this antiquated policy and allowing our have introduced along with Congress- tisan cooperation in both Chambers of domestic production to reach global man HENRY CUELLAR, another South Congress and working together with markets, we can kick start the U.S. Texas Democrat, earlier this year. Spe- the executive branch. This legislation economy and provide a real oppor- cifically, it provides new opportunities does include several significant wins tunity for job creation in the country. for border communities and businesses for the American people. Lifting the ban would not just be to improve staffing levels and upgrade I yield the floor. beneficial to people working in the do- infrastructure at our international bor- The PRESIDING OFFICER. The Sen- mestic energy sector because the do- der crossings to help move people and ator from Arizona. mestic energy production involves goods across our border more safely Mr. MCCAIN. Mr. President, I come many different sectors—construction, and efficiently. Obviously, with 6 mil- to the floor today to discuss the Con- shipping, technology. By allowing more lion jobs in the United States depend- solidated Appropriations Act of 2016. I export of our crude, we have the poten- ent on cross-border commercial traffic am obviously pleased we are not going tial to create thousands of more jobs and trade between the United States to pass another continuing resolution, deep into the supply chain in a variety and Mexico, this is really important. which I believe is irresponsible, but at of sectors and across a multitude of This omnibus legislation also in- the same time the process by which we States. In fact, one study estimated cludes a provision to fully repeal the are now considering this legislation is that for every new production job in country-of-origin labeling regulations just as irresponsible.

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.050 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8763 As my colleague from Texas just ducing blue cornmeal from Navajo Well, anyway, there are many more pointed out, we are here where we are corn, and $200,000 to make apple pies. of those. because my colleague and leader on the Now this list goes on and on. I am proud of what this Congress has other side of the aisle refused to allow My favorite, my friends, of many of done this year. There are many good the appropriations bills that had been them is a thing called the catfish in- things that have been done. There has passed through committee one by one spection office—the catfish inspection been the Defense authorization bill. to be considered and voted on and office. Most of us enjoy catfish and we For the first time, there has been a amended in the fashion that the Amer- appreciate the benefits to our nutrition budget. For the first time, we have re- ican people expect us to behave, and, and of course the sizeable industry formed education. For the first time, frankly, the Constitution demands. So around catfishing. What we have again we have done so many things. We have here we are after months and months this year is a Department of Agri- finally sent a bill to the President’s of gridlock with the Democrat leader culture catfish inspection office. Now desk repealing and replacing not allowing us to bring up these bills there is the Department of Agriculture ObamaCare, but to end the bill with one by one. catfish inspection office, but the FDA this is really an embarrassment. We are now faced with a $1.1 trillion also has a similar catfish inspection of- So here we are looking at $1 trillion, bill that, in the view of many, is must- fice, and the GAO, the Government Ac- and I particularly want to talk a little pass with literally hours to review and countability Office, has issued more bit about national defense. I could not debate and no amendments—no amend- than six reports calling the U.S. De- be more proud of the bipartisanship— ments. So we are faced with a par- partment of Agriculture catfish Inspec- both Democratic and Republican—that liamentary situation of $1.1 trillion we tion Office ‘‘wasteful and duplicative.’’ has been involved in the Senate Armed are considering without an amend- As a result of this protectionist pro- Services Committee and the biparti- ment—without a single Member on ei- gram, an estimated $15 million of your sanship with our friends on the other ther side of the aisle being able to pro- tax dollars per year will be spent on en- side of the Capitol. pose an amendment to make it better. abling government bureaucrats to im- We have come up with legislation My friends, this is a recipe for corrup- pose barriers on foreign catfish import- that has been described as the biggest tion. It is a recipe for corruption. ers, which will in turn increase the reform bill for defense in 30 years—I A few people—a very few people—not price of catfish for American con- am proud of it—and we have a lot fur- all 100 Members of the Senate or 435 sumers, restaurants, and seafood pro- ther to go. We had hours and hours of Members of the House but a handful of ducers. So, my friends, in this bill $15 hearings, hours and hours of markups. people behind closed doors work, and million every year of your tax dollars We had over 130 amendments to the De- then 48 hours or so, or whatever it is, will be spent for a catfish inspection of- fense authorization bill considered on before the vote, it is presented to us as fice. That is the kind of thing that hap- the floor of the Senate. ‘‘take it or leave it,’’ with the choice pens when you get to this date at the We did things we have never done be- being this: Well, you can sign on to it; end of the year with a mammoth bill fore. For example, we are completely you will probably have to hold your worth $1 trillion. It is too ripe. It is too reforming the retirement system for nose, but we have no choice. ripe for the picking by the pork the military. It used to be that you had Well, my friends, I believe we do have barrellers who we have in the Senate to stay 20 years before you could re- a choice. I believe we do have a choice. and the House. ceive any financial benefit. Now, after I believe we should behave in the man- I will quickly give a couple more ex- 2 years and 1 month, you can get into ner in which our constituents expect us amples: $1.7 million for the Senate a matching-funds agreement with the to behave: Take up a bill, have an kitchen exhaust systems upgrades; $65 Federal Government. So now, instead amendment, have a debate, have a dis- million for Pacific coast salmon res- of 85 percent of those who joined the cussion, and do what we are supposed toration for States. On the face of it, military never receiving a financial to do. And if the Democratic leader you would think that money for Pa- benefit, 85 percent of those who join wants to block us, then let him take cific coast salmon restoration would will receive it. the responsibility for doing so. Now we perhaps be a beneficial expenditure of So I am very proud, and I am very are faced with a $1 trillion spending your tax dollars. Guess what. The proud of the work I did with my col- bill that includes numerous policy pro- State of Nevada is included in this $65 league from Rhode Island, Senator visions that have never been debated million salmon restoration. A cursory REED, as well as our friends on the and discussed, pork barrel spending glance at a map of the United States other side of the aisle. that would never stand the light of might indicate that the State of Ne- Then at the last minute, these ear- day—never, ever—and I will be talking vada is not exactly an ideal place for marks, these pork barrel projects, about some of them. salmon restoration, but they are going these egregious, wasteful projects are I will give you some examples of the to get some of these millions of dollars, airdropped into what I believe is a pork that has been snuck into this bill. and I am sure it has nothing to do with 2,000-page—whatever it is, it is huge, Let me give you a few examples here the makeup of the U.S. Senate from and we saw it for the first time at that I think might interest our con- Nevada. about 10 p.m. or 12 a.m. last night, and stituents. This is in this bill, in law: There is $15 million for an ‘‘incentive they want us to vote on it tomorrow. $3.6 million for 30 vineyards, breweries, program’’ that directs the Department That is crazy. and distilleries to build tasting rooms, of Defense to overpay on contracts by What the appropriators did, they in- conduct whiskey production feasibility an additional 5 percent if the con- cluded over 150 different programs and studies, and other alcohol marketing tractor is a Native Hawaiian-owned initiatives where the appropriations gimmicks. Yeah, the one thing we real- company. So if you have a contract exceeded what they were authorized, ly want to do is give money to help al- with a Native Hawaiian-owned com- totaling $9.4 billion. By passing the De- cohol marketing. There is $100,000 in pany, the Department of Defense will fense authorization, we set an expecta- funding to sell goat whey sodas and add approximately 5 percent of tax- tion on how to allocate funds. This was soft-serve frozen goat yogurt, $247,677 payers’ dollars. obviously completely broken. to develop pecan snacks, and $49,750 to There is language that makes it easi- As an example, the appropriators in- introduce Americans to flavored beef er for the Department of Defense to cluded $160 million for humvees even bratwurst and beef chili. If there is enter into no-bid contracts. If there is though the Army requested zero dol- anything I think the American people anything in my years I have seen that lars for humvees. We had hearings on need to be educated and introduced to, lends itself to outrageous spending, of this. We had hearings on the issue of it is bratwurst and chili. There is course it is no-bid contracts. The De- what the Army needed, and it was $49,990 for spinning raw alpaca fiber partment of Defense may eliminate abundantly clear that the Army did into a very fine yarn, $42,000 to produce competition and use a no-bid contract not need any more humvees. Somehow cheese from buffalo milk, $250,000 to for a ‘‘product of original thinking and the appropriators decided that there produce and market lamb jerky, $26,270 was submitted in confidence by one would be $160 million for humvees; $7 to determine the feasibility of pro- source.’’ That is interesting. million for a machine gun—five times

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.053 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8764 CONGRESSIONAL RECORD — SENATE December 17, 2015 the current size of the program. Again, barracks, or medical research that is government shutdown—which no our Army and Department of Defense directly connected to our military. To American I have ever met enjoys—and said they didn’t need it. add to that, the Army received an addi- learn that the American people expect But this is the worst one of all, my tional $16 million to conduct research better of us than this process. friends, and it will not surprise anyone on Parkinson’s disease, and the list I am not proud of this. In fact, I am that it is manufactured in Alabama. goes on and on. a bit ashamed because, particularly on There is $225 million for the addition of So what do we have here. By the way, defense, there are so many critical a joint high-speed vessel, which is, of the bill also includes nine ‘‘Buy Amer- needs of the men and women who are course, manufactured in Alabama. This ican’’ provisions, which will inevitably serving in our military. Their carriers will be the 12th ship of this class. The add to weapons systems and other con- are going on 10-month cruises. Some of Navy’s requirement was 10—10 vessels. tracting costs. The ‘‘Buy American’’ our men and women who are serving Remember, this is $225 million for this provisions are a handout to labor are on their fourth, fifth, sixth, sev- vessel. The Navy said stop at 10. We unions and are a ploy to protect de- enth tour to Afghanistan. Even now stopped at 10. Last year the appropri- fense companies in a particular State. many are going back to Iraq, and they ators added one for $225 million; this I won’t waste time and go too much will be going back, my friends. They year, another $225 million. By my cal- longer except to say that today we see will be going back. They will also be in culation, that is $450 million for two an interesting political environment in Syria because, I predict to you now, joint high-speed vessels that the mili- America. We see on the Republican there will be another attack on the tary—the Navy and the Department of side—my side—we see the leading can- United States of America because this Defense—said they don’t need or want. didates, people who are basically seek- President cannot lead. We are paying What could we have done for the men ing the nomination of the Republican the price for a feckless foreign policy and women in the military with that Party because they are running against that is a disgrace and will be judged by $450 million we just wasted on two Washington; that they don’t want busi- historians as one of the low points in ships the Navy and the military said ness as usual; that they are frustrated American history as far as national se- they didn’t need? It is unacceptable. by the fact that, in their view, the Con- curity is concerned. The bill includes over $2 billion in gress doesn’t work for them. So instead of providing for those crit- funding—I am not making this up—it The approval rating of Congress is ical needs—and I guarantee I can come includes almost $1.2 billion on top of consistently somewhere in the teens, up with billions of dollars of critical the $1 billion for medical research and Americans are frustrated and they needs. By the way, I can also come up within the Defense Department. My are angry. Many of them support an in- with reforms that will save billions of friends, I want to emphasize that I am dividual who says: We will make Amer- dollars in our legislation. all in for medical research. I think ica great again; it will be huge. It is We are proud of that. For example, medical research is vital to the future language that is not very specific, but we require a reduction of 7.5 percent of all Americans. But what in the it inspires them to see change take per year for 4 years in the size of the world does most of this have to do with place. staff in the military. That will save over $3 billion over time. I am proud of Defense appropriations? Nothing. Noth- Although I disagree with that and I that. So we come to the American peo- ing. It is the Willie Sutton syndrome at think we have a record this year that ple with a defense bill that is lean and its best. Mr. Sutton was once asked we can be proud of in many respects— efficient. We have a long way to go, but why he robbed banks, and he said, ‘‘Be- whether it be education reform or we are proud of it. Then we look at cause that’s where the money is.’’ My whether it be finally sending a bill to the President’s desk to repeal things like this. It is not acceptable. friends, the Department of Defense is I hope I don’t have to stand up here ObamaCare or fixing education, as I where the money is, so we have seen again next year. I hope we can finally mentioned, or better ways of defending this gradual creeping up of funding out sit down and work for the American the Nation with many reforms of how of defense funds for programs—which I people, and that means taking up the the Pentagon does business—there are will read a few of—that have nothing appropriations bills one by one by one many things I am very proud of. I to do with defense. and giving them the same attention think we can return to our constitu- I will say again that I am for funding the Defense bill got. The Defense bill ents and tell them that for the first medical research. I think it is vital, got 2 weeks, 133 amendments, debate time this year, Congress has done some and I think it is important. But some- on every issue conceivable concerning things that will be helpful to the every- one is going to have to explain to me national defense. We need to do that day man and woman who has not re- how tuberculosis, autism, lung cancer, with each of the 12 appropriations bills. ceived really much benefit over the gulf war illness—actually, that is one That way we can give the American last 8 years since the economic col- of them—spinal cord injury, ovarian people a product that is the most effi- lapse. cancer—those research funds should cient, that is the least wasteful, and But then we send them this Christ- come out of the Labor, Health and something we can be proud of. mas turkey. We send them a bill laden Human Services appropriations bill, I urge my colleagues to understand with millions and millions of dollars in not out of defense at a time of seques- that this legislation on the Defense ap- wasteful and unnecessary spending. We tration, when we have planes that propriations part of it does not help send them a bill that purchases for $225 can’t fly and guns that won’t shoot and America defend itself in these difficult million a ship that nobody wants or ships that can’t sail. times. In fact, because of the waste, be- needs. That, my friends, gives sub- So what have we done? Let me show cause of the pork-barrel spending in stance and reason behind the frustra- you what they have done this year. this, because of the earmarks in it, we tion many of our constituents feel. You can see the gradual increase. Be- have actually harmed the ability of our It is probably over for this year. I ginning in 1992, there was about $20 Nation to defend itself and the welfare think it is probably going to be a situa- million, I guess, something like that. of the men and women who are serving. tion where there are sufficient votes to Then in 1994 it went up and then up. That is something we cannot be proud pass this ‘‘omnibus bill’’ worth $1.1 Then something happened and it went of. down. Then you can see the gradual, al- trillion of taxpayers’ money without a I yield the floor. most steady increase of funding for single amendment, not a single one. I suggest the absence of a quorum. medical research as the funding for de- Then we will go home, enjoy Christ- The PRESIDING OFFICER. The fense has remained constant or even in mas, and then come back in January clerk will call the roll. some cases reduced. hopefully refreshed. But I hope that in The legislative clerk proceeded to So what have we done this year, my January we will make a commitment call the roll. dear friends? Here it is: $2.2 billion of to the American people that we will Mr. HATCH. Mr. President, I ask your tax dollars is now earmarked for stop doing business this way, that we unanimous consent that the order for medical research—all of them worthy will stop waiting until the last days the quorum call be rescinded. causes. Almost none of them have any- and having these extensions that last 2 The PRESIDING OFFICER. Without thing to do with guns, ships, planes, days or 3 days before the threat of a objection, it is so ordered.

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.054 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8765 Mr. HATCH. I ask unanimous consent paring it to the entirety of past Con- System of Preferences, or GSP, Pro- that I be permitted to complete my re- gresses. We have moved more legisla- gram. These programs are key tools in marks. tion in just 1 year than the Finance our arsenal for assisting developing na- The PRESIDING OFFICER. Without Committee has in any entire Congress tions and providing important benefits objection, it is so ordered. in the past three and one-half decades. for job creators and consumers here at f Even more striking is the fact that home. The preference bill was signed every one of the 37 bills we reported into law after getting a near-unani- FINANCE COMMITTEE this year enjoyed overwhelming bipar- mous vote in both the House and the ACCOMPLISHMENTS tisan support in the committee. So far, Senate. Mr. HATCH. Mr. President, as we 9 of those 37 reported bills have been We also crafted the Trade Facilita- count down the remaining days on the signed or incorporated into law, and tion and Trade Enforcement Act, a bill 2015 legislative calendar, there is still several more are likely to get there be- which will, among other things, au- quite a bit of work to do and a few fore the end of this week. In addition, thorize the Customs and Border Pro- more big-ticket items to put to bed. three other bills that came through the tection agency and update our proc- Still, even with so much still on our Finance Committee were discharged esses and standards for enforcement at plates, I believe it is appropriate to and subsequently signed into law. our borders, most notably with regard take a look back at the year we are However, while these raw numbers to the protection of intellectual prop- now finishing up and reflect on what may be impressive, they only tell part erty rights, an issue that has long been we have been able to accomplish. of the story. If we take the time to of particular interest to me. Now, 2015 has been a big year in the delve into the specifics of our efforts on This legislation also had a lot of sup- Senate. After many years of unproduc- the Finance Committee, we will see port in the Senate and in the House. tive division and stagnation, the Sen- that we have actually enjoyed signifi- The conference committee, which I ate finally has returned to work. While cant successes in each of our major chaired, charged with reconciling the some of my friends on the other side of areas of jurisdiction, including tax, differences between the House- and the aisle have tried to downplay the trade, health care, Social Security, and Senate-passed versions of the bill, filed productivity we have enjoyed under the oversight. I have often spoken about its report just this last week. My hope current Senate leadership—and the many of our individual achievements is that we will consider and pass this Washington Post Fact Checker award- on the Senate floor, but I think they conference report as soon as possible. ed them some Pinocchios for their ef- deserve another mention today. International trade is a key element forts—no one can seriously argue that Trade. I will start by talking about of a healthy U.S. economy. We have things haven’t changed around here. our efforts with regard to international made great strides toward promoting Under the current Senate majority, trade policy. We began 2015 with a de- trade and improving global trade the committees have been allowed to sire to advance a bold and ambitious standards already this year—and hope- function and work. Under the current trade agenda that would update our fully we will be able to make a few Senate majority, we have had fuller trade laws for the 21st century global more in the very near future. and fairer debates on the Senate floor. economy and set the stage for Amer- Entitlement reform. The Finance Probably most important of all, under ican leadership in the international Committee has also enjoyed significant the current Senate majority, the Sen- marketplace. By any measurable success when it comes to entitlement ate has actually been doing the peo- standard, our efforts have been a reform, which I think has surprised ple’s business. Instead of being bogged smashing success. The centerpiece of many people around here. For years— down with divisive, political show our trade agenda was the legislation to decades even—we were told that bipar- votes, we have tackled tough chal- renew trade promotion authority, or tisan entitlement reform was impos- lenges—including numerous challenges TPA. Prior to this year, it had been sible. The political stakes, according to that have plagued this body for many nearly three decades since a TPA bill the naysayers, were far too high. The years—and we have delivered results, was fully considered and reported out parties and stakeholders, they said, usually with a strong bipartisan major- of the Senate Finance Committee. Our were too entrenched. ity, which I find to be very heartening. TPA bill received a strong bipartisan Yet, in 2015, we have successfully en- I am pleased to say this new trend to- vote in the committee and another one acted significant reforms to our two ward efficiency and bipartisan success on the floor. Actually, to be precise, we most ‘‘untouchable’’ entitlement re- has been evident in the Senate Finance had to pass it twice in the Senate, with form programs: Medicaid and Social Committee, which I have been privi- similar results on both occasions. Security. leged to chair since the 1st of January This legislation put in place strong In April, Congress passed, and the this year. I would like to take some negotiating objectives to ensure our President signed, legislation originally time to pay tribute to my colleagues negotiated trade agreements reflect drafted and reported out of the Finance on the Finance Committee and the suc- the collective will of Congress. It also Committee in late 2014 to repeal and cesses we have enjoyed this year. I will empowered our negotiators to reach replace the Medicare sustainable start with the basics, just some top- the best deals possible by providing a growth rate—SGR—formula. Although line numbers. path to getting fair up-or-down votes it has been a little while since the bill In 2015, the Finance Committee held for future trade agreements, giving our passed, I think we all remember the 30 full committee hearings to discuss trading partners the assurances they periodic scramble to find short-term various legislative efforts, conduct need to put their best offers on the offsets to patch the SGR and kick the oversight of the administration, and to table. I don’t want to go into too much can even further down the road. It was, question executive branch nominees. detail today about any specific trade quite frankly, an embarrassment we There were also two subcommittee agreements that may or may not make forced ourselves to endure year after hearings. We convened 10 separate their way to Congress in the future. I year and a prime example of govern- markups to consider and report legisla- just want to point out that the Finance ment ineptitude and our apparent in- tion and nominations. Committee’s TPA bill—now a law—will ability to do anything in Congress to Let’s dig a little deeper with the ensure that we have all the informa- fix it. numbers. In terms of legislation, the tion we need to make an informed deci- That all changed this year with the Finance Committee moved at a his- sion on any agreement that Congress passage of the committee’s legislation, toric pace in 2015, considering and re- has the ultimate say over whether any which not only reformed Medicare in porting 37 individual bills. Those are agreement enters into force. terms of the SGR but also featured more bills than the committee re- In addition to TPA, the Finance cost-saving measures within the under- ported in the past four Congresses com- Committee developed legislation to lying program. These included a limi- bined and more than any single Con- renew some of our most vital trade tation on so-called Medigap first-dollar gress in the last 35 years. I just have to preference programs, including pref- coverage, more robust means testing reiterate that I am not comparing 2015 erences for Haiti and countries in Sub- for Medicare Parts B and D, and pro- to any single previous year. I am com- Saharan Africa and the Generalized gram integrity provisions that have

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.056 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8766 CONGRESSIONAL RECORD — SENATE December 17, 2015 strengthened Medicare’s ability to like this: Step 1, leaders of Congress reported will have been signed into fight fraud. recognize and acknowledge a near-term law. That is a pretty good batting aver- While we are on the subject of Medi- exhaustion of highway funding. Step 2, age, and when you include the bills we care reform, I will mention that the Fi- those same leaders work with the rel- discharged from the committee, the nance Committee also reported the evant committee chairmen to cobble grand total comes to 23 separate bills Audit and Appeals Fairness, Integrity, together enough offsets to pay for a out of our committee signed or incor- and Reforms in Medicare—or AFIRM— short-term extension, usually some- porated into law—not bad for a year’s Act earlier this year. This bipartisan where between 6 and 18 months. Step 3, work. bill is designed to address the already Congress passes a short-term extension In addition, at the beginning of the massive backlog of Medicare audit ap- with little fanfare and absolutely no year, we launched five separate tax re- peals while also allowing for increased celebration. Step 4, every Member of form working groups in an effort to ad- efforts to improve program integrity Congress spends the next 6 to 18 vance the larger tax reform conversa- and reduce improper payments out of months complaining about this proc- tion. These working groups, each of the Medicare trust fund. It will make ess. Step 5, start again at Step 1. them cochaired by a Republican and a life much easier for both Medicare Thankfully, we broke that cycle this Democrat, spent months examining beneficiaries and their doctors who, year. We began with a goal to provide various areas of the Tax Code, listening under the status quo, wait, on average, the longest extension possible. I was to stakeholders and learning the var- a year and a half before an appeal is determined to do all I could to find a ious pressure points and tradeoffs that processed and they are able to know for way out of this rut, which is why I be- come with any significant changes to sure whether their claims will be cov- lieved we had to think a little outside our tax laws. This past summer, each ered or if they will be paid for the serv- the proverbial box and look everywhere of the five groups released a report de- ices they perform. for potential offsets. tailing their findings, outlining reform In addition to these steps forward on Generally speaking, the Finance opportunities, and acknowledging Medicare, Congress also passed—as Committee is responsible for the fi- areas of likely disagreement. part of the recent budget and debt-ceil- nancing title of any highway bill that I am not naive. I know that tax re- ing bill—legislation to reform the So- goes through the Senate. Usually, we form, whenever it happens, will be a cial Security Disability Insurance Pro- focus on areas within our jurisdiction long, difficult process. However, I be- gram, or SSDI, and to prevent benefit as we search for offsets. But over the lieve the effort our committee mem- cuts looming in the not-too-distant fu- years, those resources became harder bers put in with these working groups ture. and harder to come by, requiring us to will make a difference in how that Congress knew for years that the look elsewhere. process plays out and how the tax re- SSDI trust fund would be exhausted in The committee spent weeks exam- form debate unfolds in the future. 2016 and did little to address it. Despite ining numerous options and alter- While these are important steps for my pleas and those of a handful of oth- natives. Many thought we could not tax policy and tax reform, I am hoping that we can take an even larger step ers, they did little to address it. I come up with much more than just one might add that for the Obama White before we adjourn for the year. Earlier 1 or 2 years. Eventually, we were able House and our friends on the other side this week, leaders and tax writers in to present our distinguished majority of the aisle to engage on this issue, it both the House and Senate, and from leader with a list of potential offsets took some time. Facing the prospect of both parties, reached an agreement on that could provide funding for a long- across-the-board benefit cuts for all legislation that would provide signifi- term highway bill without raising SSDI beneficiaries, the Finance Com- cant tax relief for millions of families taxes or increasing the deficit. mittee developed proposals to extend and job creators around the country. That list we came up with on the Fi- the life of the trust fund and put in We would do so mostly by unwinding nance Committee, in large part, formed place needed reforms to the SSDI Pro- the near-annual tradition of extending the basis of the long-term highway bill gram itself. Most of these proposals expired tax provisions. that we passed earlier this month, were included in the final legislation. Like the SGR and highway funding, While, admittedly, these reforms are which has provided much needed cer- the periodic tax extenders exercise has not the fundamental changes both the tainty for our States as they plan and been a constant source of consterna- SSDI Program and Social Security complete highway projects, preserving tion around here, with a new cliff or more broadly need to be sustainable for jobs and stimulating growth in our crisis developing with any hint that ex- future generations, they represented a economy. That long-term Transpor- piring provisions would be not be ex- very real first step toward that long- tation bill was, after all, a win for good tended. Sometimes we haven’t ex- term goal and are the most significant Government and for bipartisanship in tended them. And, of course, the whole changes to any Social Security Pro- Congress. To a lesser but not insignifi- ordeal has been further evidence that gram enacted in the past three decades. cant extent, it was also a win for the Congress is incapable of making tough Clearly, much more work needs to be Senate Finance Committee. choices in order to govern more effec- done to put both Medicare and Social Tax. The committee also took impor- tively—at least in the minds of some. Security on firm fiscal footing. The tant steps toward fixing our Nation’s The bill we unveiled this week— same is true of Medicaid and other en- Tax Code in 2015. From the beginning which the House passed earlier today titlement reforms. Still, the steps Con- of the year, the Finance Committee with an overwhelming bipartisan gress took this year toward fixing began considering and reporting bipar- vote—would change that dynamic by those programs were the biggest we tisan tax legislation aimed at specific making many of the most important have taken in a long time. I am pleased needs for our country. For example, in consequential tax provisions perma- to acknowledge that the efforts that January, we reported the Hire More nent, significantly relieving the ongo- led to those steps began in the Senate Heroes Act, which relieves small busi- ing extenders pressure, and allowing Finance Committee. nesses of burdensome ObamaCare man- for a more sensible approach to tax pol- Highways and Infrastructure. One of dates that made it harder for them to icy. I spoke about this legislation at the biggest and greatest successes we hire veterans. This legislation was length on the floor yesterday. have had in the Senate this year was signed into law in July. Permanent tax policy, such as the the passage and enactment of a long- In February, we held a markup to kind we would achieve in our bill, term extension of the highway trust consider 17 separate tax bills, all of means more certainty for taxpayers: fund. The final highway bill, which we them bipartisan, all of which passed individuals, families, and businesses. It passed a few weeks ago, provides 5 without objection through the com- means an improved revenue baseline years of continuous highway funding, mittee. To date, two of those bills have for future tax reform efforts. More the longest extension of transportation become law, and, hopefully, before we than anything, it means tax relief for funding since 1998 and one of the long- adjourn this week we will pass legisla- hardworking taxpayers, to the tune of est since the Reagan years. tion that incorporates at least 11 more. about $680 billion over 10 years. Prior to this year, the typical cycle Adding those 11 bills to the Finance We moved this effort forward on the for funding highways went something Committee total, 20 of the 37 bills we Finance Committee in July when we

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.057 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8767 marked up the so-called extenders to examine this issue. We sought and included, for example, an exhaustive package, taking note of Senators’ pri- received the advice and recommenda- look at the ObamaCare co-ops, which orities and desires for long-term solu- tions of various stakeholders and have in recent months had been failing at an tions and setting the stage for a real released those recommendations to the alarming rate at the cost of billions of discussion about permanence. We took public. dollars in taxpayer funds. Needless to that momentum into the bicameral, bi- The committee’s efforts on chronic say, we haven’t taken our eyes off of partisan negotiations, and, ultimately, care reflect a bipartisan desire to sig- ObamaCare. the bill reflects many of the pref- nificantly improve the quality of care The committee has also been con- erences expressed in the committee. for Medicare patients at greater value ducting ongoing investigations and Our bipartisan tax bill also contains and lower cost, without adding to the oversight into the questionable con- a 2-year moratorium on the medical deficit. This work will go on into next tracting practices within the Depart- device tax under ObamaCare, some- year as we continue to review and ana- ment of Treasury. We have taken a thing that has been very harmful to lyze proposals with an aim toward de- good, hard look at the tax return prep- our medical device industry. We will veloping bipartisan legislation. aration industry and practices that look at that in 2 more years. For years Another one of our ongoing efforts have led to stolen identification and now, we have seen support grow on has been to improve our Nation’s foster tax refund fraud. In fact, our investiga- both sides of the aisle for repealing this care system. This year, we held two tion has already led to new practices at horrendously misguided tax, the med- hearings related to this topic—one on the IRS and within the industry aimed ical device tax. It has been a top pri- group homes and another on preven- at reducing instances of this terrible ority of mine since the day ObamaCare tion. Last month, utilizing what we crime. was signed into law. Other Members of learned in these hearings and with This is just a small snippet of our the Finance Committee have led on input from numerous stakeholders, oversight efforts over the past year. this issue as well, and one way or an- Ranking Member WYDEN and I reached The Finance Committee, given its mas- other we are going to get it done. For an agreement on legislation that we sive jurisdiction, has always had a rep- now, we have a good first step: a bill called the Family First Act, which will utation for aggressive oversight, and crafted by both parties to suspend the increase the availability of prevention we have continued that tradition, and tax for 2 years. services to allow children at risk of then some, in 2015. Two similar suspensions of going to foster care to remain safely at Finally, I just want to remark on one ObamaCare taxes are included in the home and to reduce the reliance on more of our ongoing efforts—I suppose Omnibus appropriations bill, including group homes for children under the fos- you could put this one in the miscella- a 2-year delay of the so-called Cadillac ter system. neous or multidiscipline file—with re- tax—which is just a massive middle- As we all know, entering the foster gard to the looming debt crisis in Puer- class tax hike disguised as a tax hit on care system can be particularly trau- to Rico. We have taken a close look at the rich—and a 1-year moratorium on matic for a child. Over the years, we this issue in the committee, and we the health insurance tax. have seen ample evidence suggesting even held a hearing on it. Along with In other words, on top of permanence that placement in group homes signifi- the leaders on the Judiciary and En- in the Tax Code and relief for tax- cantly increases children’s risks and ergy and National Resources Commit- payers across the country, we have bi- potential for victimization. Our bill tees, we have introduced legislation partisan agreement to delay or suspend would give States greater flexibility, that—using the limited information we some of the more harmful elements of with the goal of keeping children with currently have about Puerto Rico’s dis- the Affordable Care Act. It is not a bad family members and ending the over- mal predicament—would improve the way to end the year, if you ask me. Of reliance on group homes. island’s finances and economy by pro- course, now we have to pass these bills. The Family First Act is supported by viding responsible tax relief and transi- In a day or so, I think we will. advocates and stakeholders across the tional assistance to the territory’s gov- Health Care and Human Services. Let country. We hope to mark up and re- ernment. me move on to another important area port this bipartisan legislation early in In addition, we worked to get a provi- of our committee’s jurisdiction: heath the new year. sion in the Omnibus appropriations bill care and human services. We have been I also need to acknowledge our com- that authorizes the Treasury Depart- very active in the Finance Committee mittee’s oversight efforts. We have ment to provide Puerto Rico with tech- in this space as well. Most recently, we been anxiously engaged in numerous nical assistance, including help with worked with our colleagues on the efforts on the Finance Committee to budgeting, forecasting, cash manage- Budget and HELP Committees to put shine a light on government failures ment, fiscal planning, improving tax together the reconciliation legislation and overreach, as well as some poten- collections, and the like. repealing ObamaCare, which, after it tially corrupt practices in the private This is something we are going to passed in the Senate, paved a way to- sector. Most notably, this summer we have to continue to work on, and in the ward finally putting a repeal bill on concluded our investigation into the coming weeks and months the Finance the President’s desk. This is a key IRS’s targeting of conservative groups. Committee will continue to consider promise for congressional Republicans, This was the only bipartisan investiga- various proposals—including the bill one that we delivered on just a few tion into this scandal, and our report, we introduced last week—aimed at short weeks ago. which was roughly 5,000 pages long, helping the people of Puerto Rico. In June, the Finance Committee held provided the most detail yet about By the way, we challenged Puerto a markup where we considered and re- what went on at the IRS and the extent Rico to give us audited financials so ported 12 separate health care bills rep- of incompetence and bad decision- that we could really work on this resenting a number of priorities for our making that led to those unfortunate under the best possible terms. I intend committee Members on both sides of events. In addition, the report provided to see that we help Puerto Rico, and the dais. In keeping with the ongoing numerous recommendations for im- hopefully we can do that. We have now trend for 2015, all of these bills had provement at the IRS and in a number provided them the means so that they overwhelming bipartisan support. So of ways set the stage for consideration should be able to carry on through next far, three of these bills have been of legislation to reform that agency’s February, and hopefully during that signed into law. operations. time we will come up with some solu- In addition to these successes, the Fi- In addition to the IRS report, the tions that make sense not only to nance Committee has spent 2015 en- committee has provided the most rig- Puerto Rico but to our taxpayers and gaged in some very important ongoing orous and extensive oversight of the others. efforts that we believe will yield re- implementation of the so-called Afford- As you can see, we have been very sults in the near future. One of those able Care Act, revealing many of its busy and effective in our corner of the efforts is to improve Medicare services fundamental flaws and uncovering a Senate thanks to the diligent efforts of for patients living with chronic ill- number of failures and missteps on the all of our Finance Committee mem- nesses. We held two hearings this year part of this administration. This has bers. I have had the privilege of serving

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.059 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8768 CONGRESSIONAL RECORD — SENATE December 17, 2015 as chairman of this committee during Applying sanctions against Iran in tion. In those 7 months, we have such an eventful and productive time response to ballistic missile testing watched ISIS spread across Iraq, Syria, with so many committed and honor- would not violate the Iran nuclear and beyond. We have seen Iranian able Members of the Senate on both agreement negotiated earlier this year. funds and weapons continue to flow to sides of the aisle. New sanctions for this type of behavior terrorists across the Middle East. We I, of course, have to thank Ranking are not only allowed under the terms of have witnessed the tragic attacks in Member WYDEN for his work on the that agreement, in fact, it is critical to Paris, San Bernardino, and elsewhere. committee. He has been a valuable the agreement’s success that the In an acting capacity, without hav- partner, and at every step of the way, United States be willing to respond to ing received the full support of the U.S. he has worked hard to ensure that all Iran’s bad behavior. In the face of inac- Senate, Mr. Szubin’s status and stature of the committee’s efforts were bipar- tion by the international community, is undermined when he travels abroad tisan. He has played a huge leadership it is critical that the United States to persuade allies to cooperate with us role in almost all of the successes I take the lead in sending a message to in the fight against terrorism and espe- have mentioned here today. Iran that their inflammatory actions cially in efforts to go at one of the ter- I also wish to thank the other mem- have consequences, whether under the rorists’ Achilles heels: their funding bers of our committee. If you look nuclear deal, U.N. Security Council sources. down the Finance Committee roster, Resolution 1929, or other U.S. sanctions Seven months is too long. Both of you will see—from top to bottom— regimes. Mr. Szubin’s recent predecessors were every member has a reputation for As ranking member of the Senate approved over a much shorter period of working hard and achieving results. On Armed Services Strategic Forces Sub- time. One was approved in just 3 weeks. the Republican side, we have Senators committee, I work year-round with my So with the same urgency that I GRASSLEY, CRAPO, ROBERTS, ENZI, COR- colleague Senator JEFF SESSIONS to would ask the international commu- NYN, THUNE, BURR, ISAKSON, PORTMAN, oversee the U.S. nuclear arsenal, our nity to act collectively—and failing TOOMEY, COATS, HELLER, and SCOTT. nonproliferation programs, and also that, the administration to unilater- They are good people who are working our missile defense posture. I have long ally sanction Iran for its flagrant vio- in the best interest of this country. For been an advocate for robust, effective lation of Resolution 1929—I also urge the Democrats, we have Senators SCHU- missile defense programs against both the Senate to take immediate action MER, STABENOW, CANTWELL, NELSON, global and regional threats. While I to confirm Mr. Szubin for a post vital MENENDEZ, CARPER, CARDIN, BROWN, firmly believe those systems are an ab- to our national security and one for BENNET, CASEY, and WARNER. And, of solute necessity in the face of evolving which he is eminently qualified. course, we have Senator WYDEN. And threats from places such as North I yield back. you can also include me in there. Every Korea and Iran, I also believe they are I suggest the absence of a quorum. one of these members has played a key our last line of defense, not our first. The PRESIDING OFFICER. The role in our success on the Finance Today, thankfully, some of those on clerk will call the roll. Committee, and I am very grateful to the frontlines of the fight against The senior assistant legislative clerk have the opportunity to work with Iran’s ballistic missile program are proceeded to call the roll. them all. also in the State Department and the Mr. NELSON. Mr. President, I ask I don’t want this to sound like a fare- unanimous consent that the order for well speech. I don’t want anybody to Treasury Department. I speak today to call on the adminis- the quorum call be rescinded. think that with all this gushing and all tration—if the international commu- The PRESIDING OFFICER. Without these thank-yous, we are nearing the nity will not act together—to take uni- objection, it is so ordered. end of anything. Last time I checked, I lateral action readily available to will still be the chairman of the Fi- f nance Committee in 2016 and we are them under current law to respond de- PUERTO RICO cisively to Iran’s ballistic missile tests. still going to have this great group of Mr. NELSON. Mr. President, a num- Senators serving on the committee. The administration has made clear that the United States reserves the ber of my colleagues will be coming to Most significantly, our Nation will still the floor in just a while to talk about be facing a number of important chal- right under the Joint Comprehensive Plan of Action to take action through the crisis that is going on in the island lenges in the coming year. We can’t territory of Puerto Rico. Remember, and we won’t be sitting on our laurels our sanctions tools in response to Iran’s support for terrorism, its human Puerto Rico is a territory. Its citizens in 2016. are U.S. citizens, and we often forget While I am pleased to have this op- rights abuses, its illegal arms traf- that, particularly as they are now fac- portunity today to take a short trip ficking, and its ballistic missile pro- ing economic challenges that are grow- down memory lane, everyone both on gram. It is time to back up those words ing worse by the day. and off the Finance Committee should with decisive and specific action. Although we just had an opportunity be prepared: We are just getting start- f in the Omnibus appropriations bill to ed. NOMINATION OF ADAM SZUBIN I yield the floor. address Puerto Rico’s fiscal crisis, it The PRESIDING OFFICER. The Sen- Mr. DONNELLY. Mr. President, in appears that Congress is going to go ator from Indiana. addition, I can’t speak today without home without having done the bare Mr. DONNELLY. Mr. President, as also raising my deep concerns and in- minimum for Puerto Rico. In the always, it is an honor to follow my creasing disappointment that the Sen- meantime, Puerto Rico is going to good friend, the President pro tempore, ate continues to senselessly delay the start the New Year on the verge of de- Senator HATCH from Utah, who has confirmation of Adam Szubin as Treas- fault as the Governor faces the trou- done such an extraordinary job rep- ury’s Under Secretary for Terrorism bling choice of whether to pay for es- resenting his State and our country for and Financial Crimes. Mr. Szubin has sential public services or make a $1 bil- so many years. an impeccable record across both Re- lion debt payment to Wall Street credi- f publican and Democratic administra- tors. The public services include those tions for combating terrorist financing for health, fire, police, water, et cetera, IRAN BALLISTIC MISSILE TESTS and overseeing our sanctions against versus paying the bonds that are com- Mr. DONNELLY. Mr. President, in foreign adversaries. He is one of the ing due. just the past 10 weeks, Iran has con- best tools in our toolbox against the Many of us have been urging our col- ducted two ballistic missile tests. likes of Iran, ISIS, and Al Qaeda. Yet, leagues for months—Senator DURBIN, These tests are a direct violation of the despite glowing praise from both sides Senator CANTWELL, Senator SCHUMER, United Nations Security Council Reso- of the aisle, week after week, month and myself—to meaningfully address lution 1929. Despite this flagrant viola- after month, Mr. Szubin’s confirmation this fiscal crisis by providing Puerto tion, the U.N. has not taken collective remains in limbo. Rico with the same debt restructuring action to enforce U.N. Resolution 1929 This Sunday will mark the 7-month authority that is available to any with increased sanctions against Iran. anniversary of Mr. Szubin’s nomina- other State under chapter 9 of the

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.060 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8769 Bankruptcy Code. This is the authority the spirit of our patriotic unity to help ida and ask for those services. So the that Puerto Rico had until it was each other and that unity that binds United States, by denying Puerto Rico taken away by Congress without any all Americans, to come together and the bankruptcy tools, actually will be explanation 30 years ago. help Puerto Rico at this critical time. impacted economically. Some people That is why I have joined Senator I see my colleague from the State of have estimated the impact will be as CANTWELL, who is here, and Senators Washington. I appreciate the leader- much as $10 to $20 billion over a 10-year SCHUMER and BLUMENTHAL, in intro- ship that she has taken. My State is period of time. I would say we have a ducing legislation that would allow one of the ones that is most affected. lot of skin in the game to get people to Puerto Rico’s municipalities and pub- Her State is not as affected, and yet reorganize this debt. lic corporations to restructure its debt the Senator from Washington has Many newspapers across the United under the watchful eye of the Federal stepped up and done this because she States also believe that we should give bankruptcy judge. knows it is the right thing to do. Puerto Rico these tools to reorganize. This is not a bailout. Providing Puer- Mr. President, I yield the floor and In an editorial recently in the New to Rico with an opportunity to orderly look forward to hearing from the Sen- York Times, which talked about the manage its debt as we do for every ator. President’s proposal, it said: ‘‘Cru- State under chapter 9 of the bank- The PRESIDING OFFICER. The Sen- cially, it asks Congress to change the ruptcy laws costs the Federal Govern- ator from Washington. law so that Puerto Rico’s territorial ment nothing. It also prevents Puerto Ms. CANTWELL. Mr. President, I government and municipalities can Rico from having a drawn-out battle thank the Senator from Florida for seek bankruptcy protection.’’ They un- with bond holders following a potential coming to the floor and speaking so derstood this issue, as did the Wash- default. Yet nowhere in the Omnibus articulately about the need for help for ington Post when they wrote: ‘‘. . . let- appropriations bill, where we have a lot Puerto Rico. His State is the most im- ting an impartial bankruptcy judge of other stuff—nowhere in the omnibus pacted State in the United States when sort out the competing claims on a appropriations bill—is there anything it comes to our policy as it relates to failed public entity is the fairest, most to give Puerto Rico the legitimate or- Puerto Rico. He is right that there are efficient approach; without that op- derly process of chapter 9 in bank- not many Puerto Ricans in the State of tion, Puerto Rico has no leverage in ruptcy that it needs. There are a few Washington. But as the Ranking Mem- debt negotiations, and litigation could provisions to help Puerto Rico’s hos- ber of the Senate Committee on Energy ensue.’’ pitals, but even they don’t go far and Natural Resources, which has ju- So there are newspapers throughout enough. risdiction for the territories, I can tell the United States of America that are It deeply troubles me that we will you territorial oversight is about giv- looking at this issue and saying: Give celebrate the holidays knowing full ing people who are U.S. citizens fair ac- them the ability to reorganize their well that there is so much more that cess to the law. If we are not going to debt. the Congress could have done. help people who are U.S. citizens have Why is this so important? Because I would like to put this in perspec- fair access to the law, I am not sure the Puerto Rican government may de- tive. Just a few weeks ago we met with why we are continuing to say that they fault on its debt as early as January 1, a group of Floridians who were here for are a territory of the United States of when nearly $1 billion in payments are the National Day of Action for Puerto America. due. Rico. What they describe—and what What we are talking about, and the Many of us here want to see a resolu- this Senator has seen in a visit to Senator from Florida understands this, tion of this issue now, giving them the Puerto Rico and the government in is if you don’t give them fair treatment tools to avoid that. Once they default, San Juan a month ago—is a humani- under the law, just as we do with indi- the economic impact to the rest of us tarian crisis due to the crushing gov- vidual citizens who need to reorganize and the U.S. taxpayers will be far ernment debt, a failing economy, and a their debt, businesses who need to reor- greater. Why do I say that? Because if growing poverty. ganize their debt, municipalities that you look at the inaction that takes What is the result? Thousands of need to reorganize their debt, or even place, U.S. taxpayers contribute $6.4 Puerto Ricans—U.S. citizens—are com- the United States of America in the big billion to Puerto Rico’s annual budget, ing to my State. They are certainly bank bailout basically allowing a lot of funding these various programs. If you welcome, but these are often the very people to reorganize their debt, then default, that means we will be spending talented, educated people that are so we won’t let the people in Puerto Rico more than $6.4 billion. desperately needed for the well-being come to a resolution of their debt in I know some of my colleagues want of the population on the island. Some bankruptcy. It is a hypocrisy that is to protect the hedge funds from being a that come are fortunate to move in unexplainable at the moment. We part of the bankruptcy reorganization. with relatives. Others are living in mo- should get to the bottom of this be- But, when you are protecting the hedge tels. Others are even living out of their cause we want to give fair treatment to funds from being a part of the bank- cars. A lot of them come to central Puerto Rico so they can solve their ruptcy reorganization, you are adding Florida to the metro Orlando area, own problems. costs for the U.S. taxpayers. That is where there is a huge Puerto Rican What my colleague mentioned is that something we cannot afford. population. What we see in the discrep- a restructuring authority for Puerto If Puerto Rico is allowed to restruc- ancy and the economic despair that is Rico costs the U.S. taxpayers zero. ture their debt, they could make these happening on the island is absolutely Zero dollars. That is to say, we are not decisions and save us money as U.S. heartbreaking. How in the world can proposing, at least on our side of the taxpayers. In the long run, as I said, it we fail our fellow Americans like this? aisle, that we give them immediate would prevent the mass exodus from Notice who have been the most cou- funds to restructure. We are simply the island to many other States and rageous in the military? It has often saying: Give them the tools of bank- provide Puerto Rico with the tools been the soldiers who are Puerto ruptcy so they can restructure. My col- they need. Yet some in Congress are Rican. These Americans have contrib- leagues think this is important because more comfortable with inaction, which uted to the diverse fabric of our coun- we know that the mass exodus from basically is just bad public policy. Why try, and they proudly serve in so many Puerto Rico, which has been about is this? Because 20 to 50 percent of the Federal responsibilities, including our 300,000 people in the last several years, island’s debt is owned by hedge funds. military. We should be doing all that will continue if we don’t give them the These hedge funds swoop in to buy we can to provide them with the tools tools to reorganize their debt. What cheap Puerto Rican debt and are using they need—the financial tools Puerto that will mean, as the Senator from their influence here in Washington, DC, Rico needs to emerge from its current Florida mentioned, is that people will to block Puerto Rico from access to economic challenges—and debt restruc- come in droves to Florida and continue bankruptcy protection that is allowed turing authority is one of those things. to impact that economy by asking for in other places. It is no secret that the I want to urge our colleagues, since federal social services that are capped solution will require sacrifice by every- we didn’t get it into the omnibus, in in Puerto Rico. They will come to Flor- one, and that is what we want to see. If

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.062 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8770 CONGRESSIONAL RECORD — SENATE December 17, 2015 Congress continues to protect these the expense, as I said, of taxpayers and in; an average 40 percent ‘‘haircut’’ on their hedge funds and fails to act, it will be individuals. bonds is probably in order, according to a re- at both the expense of the Puerto Just yesterday, a leader who has cent study by BlackRock. As the example of Rican people, who have already suf- been supportive of reorganization of a Detroit shows, letting an impartial bank- task force in New York that was under ruptcy judge sort out the competing claims fered immensely, and of the American on a failed public entity is the fairest, most taxpayer. a budget crisis said: ‘‘The hedge funds efficient approach; without that option, Sitting by idly is not a solution. We got their way in Congress.’’ That is re- Puerto Rico has no leverage in debt negotia- should remind our colleagues that ferring to the fact that we were not tions, and litigation could ensue. Puerto Rico had preexisting bank- able to get, as my colleague from Flor- Which brings us to what can fairly be ex- ruptcy authority which was taken ida said, this legislation as part of the pected of the commonwealth itself. Its pre- away in 1984, mysteriously. Nobody budget omnibus bill or other bills mov- dicament is due to many forces beyond its knows why, or how, or any justifica- ing through the process. control, starting with the anomalous semi- So now is the time to act to give sovereign political status that traps it—like tion for it. They just know that it dis- Greece in the European Union—in a mone- appeared. Congress should reinstate Puerto Rico the tools. Now is the time tary union with the far larger and more com- that authority that was taken away. for all of those who have made invest- petitive United States. Still, Puerto Rico has As the Governor of Puerto Rico said ments to say ‘‘we all have to come to squandered vast resources on mismanage- before the energy committee, quoting the table and resolve this issue.’’ The ment and anti-growth policies. Therefore, it another leader: ‘‘Give us the tools, and longer we wait, the greater the risk for may appropriately be held to a structural ad- we will finish the job.’’ the United States of America—to say justment program that ensures it uses fresh Now is the time to act, before we see nothing of the issue of a territory that cash efficiently. For that program, in turn, a greater mass exodus of people. we lay claim to, giving them the abil- to have credibility, it must be subject to oversight by a truly independent body; in- This chart shows the migration be- ity to solve their problems. deed, if oversight doesn’t work, nothing in tween Puerto Rico and the United I ask my colleagues to come to a Mr. Weiss’s plan can work, either economi- States. You see that it continues to commonsense resolution on this issue. cally or politically, since buy-in from Repub- grow. It has grown 500 percent in the Stop protecting these hedge funds and lican fiscal hawks is needed. Designing that last 10 years. The issue is that now gov- start working for people who are called institution is the task to which Congress, ernment workers are being cut to three U.S. citizens. Puerto Rico and the administration must days a week, patients are waiting for Mr. President, I ask unanimous con- now turn in a spirit of cooperation, but also months without basic medical care, sent to have printed in the RECORD the urgency. articles and the letter I mentioned. hospitals are going bankrupt, and the [From the New York Times, Oct. 24, 2015] health industry is about to collapse. There being no objection, the mate- SAVE PUERTO RICO BEFORE IT GOES BROKE On the other side of the aisle there is rial was ordered to be printed in the (By the Editorial Board) talk about the humanitarian crisis RECORD, as follows: that might occur next year and how [From the Washington Post, Oct. 24, 2015] Puerto Rico’s government is on the verge of running out of money. A messy default is A RESCUE PLAN FOR PUERTO RICO they might want to respond to it, but in nobody’s interest, which is why Congress they don’t want to stand up and say to (By Editorial Board) ought to move swiftly to provide the Amer- the hedge funds that they also have to There was long-overdue drama at a Capitol ican territory with a way to restructure its take some responsibility in this issue. Hill hearing Thursday. We are referring, of huge debt and revive its economy. Forty-five percent of the population in course, to Treasury Department counselor The Obama administration last week of- Puerto Rico is now living in poverty, Antonio Weiss’s testimony before the Senate fered the outline of a rescue plan to help the including 58 percent who are children. Committee on Energy and Natural Re- island and the 3.5 million American citizens sources, in which he warned of a looming Unemployment is in double digits, and who live there. The plan would impose new ‘‘humanitarian crisis’’ in the financially dis- oversight on the island’s finances and expand it is, if you compare it to all our tressed commonwealth of Puerto Rico. Mr. access to government programs like Med- States, very high in the ranking of Weiss’s words marked a break with the icaid and the earned-income tax credit. Cru- States in the United States. As a re- Obama administration’s previous low-key cially, it asks Congress to change the law so sult, 80,000 people are leaving the is- approach to the island’s debt crisis, and if he that Puerto Rico’s territorial government land each year as part of a mass migra- resorted to hyperbole to compensate for and its municipalities can seek bankruptcy tion. that, it was only slightly. Having already protection. So what is the solution? As we said: cut spending, jacked up taxes and postponed Political leaders in Puerto Rico and many Restructure their debt; give them the various bill payments, Puerto Rico is out of financial and legal experts have been saying cash and facing a year-end liquidity crunch for months that the territory cannot repay tools to restructure their debt. It costs that could lead to a breakdown in public the approximately $72 billion it owes to nothing to the U.S. taxpayer, saves us services, or even public order. hedge funds, mutual funds and other inves- money in the long run, prevents a mass Mr. Weiss backed up his words with the ad- tors. Its economy is not growing, and tens of exodus from the island, and prevents ministration’s most comprehensive policy thousands of residents are leaving every year more spending on Federal benefits to proposals yet, the most important of which for the mainland to look for work. More than people who might migrate to the would require congressional action. Specifi- 300,000 have left in the last 10 years. United States. cally, he advocated not only permitting Its public pension plans need a cash infu- We think this ought to be a lot of Puerto Rico’s municipalities and public cor- sion of about $44 billion. Puerto Rico has cut porations to file for bankruptcy, which spending and raised taxes in the hope of sav- motivation to sit down and solve this would affect about a third of its $73 billion ing itself, but that hasn’t worked, and it issue today. In fact, now we are hear- debt, but also extending the bankruptcy op- won’t work in the foreseeable future given ing from different businesses, and I will tion to the commonwealth government the sorry state of the island’s economy. submit one letter for the RECORD, in itself. He called for a permanent fix to the is- Bankruptcy seems inevitable. But under the United States that do business in land’s Medicaid program, which faces crip- federal law, Puerto Rico’s government, its Puerto Rico and that don’t want to pling uncertainty because of limits on fed- municipalities and its government-owned lose their investment because they are eral assistance unlike those of the 50 states. utilities cannot go to bankruptcy court— so concerned about the level of collapse And to address its lagging labor force par- hence the administration’s request for a new ticipation—a huge drag on economic bankruptcy process for territorial govern- that could happen in Puerto Rico, and growth—he proposed creating an Earned In- ments and a change in the law to allow Puer- the loss of infrastructure and infra- come Tax Credit to encourage low-wage to Rican cities and public utilities to seek structure investment. workers’ return to the job market. Chapter 9 protection, much as local govern- So why do we need to continue to In short, for the first time the executive ments like Detroit and Orange County, move forward? Well, inaction, basi- branch has put its weight behind solutions Calif., have done. cally, is to say that the hedge funds that would cost money, billions of dollars of Many investors who have lent money to have won in this game. Twenty to fifty it. A good benchmark would be Gov. Puerto Rico and stand to lose under any debt percent of the island’s debt is owned by Alejandro Garcia-Padilla’s projection of a $14 restructuring are bitterly opposed to the billion hole in the island’s finances over the Obama plan. They say Puerto Rico can repay the hedge funds, and hedge funds are next five years. The administration’s plans all of its debt if it tightens its belt and using their influence in Washington to for Medicaid and an EITC would put U.S. privatizes utilities and other government- block a Puerto Rico bill from coming taxpayers on the hook. Bankruptcy would be owned businesses. Changing the law now, to the floor. Failure to act would be at the mechanism through which creditors chip they argue, is deeply unfair. But the record

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.063 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8771 of what has happened in troubled countries We thank you for your consideration of when I would have colleagues who like Greece is clear: Austerity policies have this important request. asked me if they needed a passport to only worsened the crisis. As for the fairness Sincerely, visit Puerto Rico. I thought they were argument, legislators change laws all the DANIEL DAVIS, joking, but they were serious. This is time to meet new circumstances. President & CEO, JAX What investors must realize is that an or- Chamber. an American problem. derly restructuring is a far better alter- MICHAEL G. ROBERTS, We not only have an opportunity, but native than the long and complex legal bat- Senior Vice President more importantly I think we have a re- tles that would inevitably follow a sudden & General Counsel, sponsibility to take immediate action default. American bankruptcy courts have a Crowley Maritime to stabilize the island and give our fel- good track record of resolving complicated Corporation. low citizens the opportunity to fix the debt cases. And if, in addition to reworking TIM NOLAN, current crisis, but instead of dees- the bankruptcy law, Congress also created President, TOTE Mar- calating the crisis, we are demagoguing itime Puerto Rico. an oversight board, as the Obama adminis- those who are facing it. Instead of pro- tration recommends, investors could have BRIAN TAYLOR, some confidence that Puerto Rico’s politi- Chief Executive Offi- viding the tools Puerto Rico needs to cians would make needed policy changes. cer, Jacksonville get on the path to solvency, we are There is no doubt that Puerto Rican lead- Port Authority tying our hands behind our backs. ers have mismanaged the island’s finances (JAXPORT). So let me put this plainly and sim- and economy. What’s at issue now, though, is JOHN P. HOURIHAN, Jr., ply: Puerto Rico is getting a raw deal. not Puerto Rico’s past but its future and Senior Vice President While we dither here, the island is eco- that of its inhabitants. If Congress doesn’t & General Manager, nomically in flames. We are about to like the administration’s ideas, it needs to Crowley Puerto Rico spend over $600 billion in tax breaks Services. come up with its own. but denied the earned-income tax cred- THOMAS J. ALCIDE, it and child tax credit equity for Amer- DECEMBER 9, 2015. President, Saft Amer- Hon. PAUL RYAN, ica. ican citizens living in Puerto Rico. We Speaker of the House, Washington, DC. Ms. CANTWELL. I thank my col- are about to pass a $1.1 trillion budget Hon. MITCH MCCONNELL, league, and I yield the floor to any of but ignored pleas on the island to re- Senate Majority Leader, Washington, DC. my other colleagues who have come to ceive the same chapter 9 treatment in Hon. NANCY PELOSI, the floor to join us. bankruptcy to reorganize and restruc- House Minority Leader, Washington, DC. The Senator from New Jersey prob- ture their debt that any State has and Hon. HARRY REID, ably has the second most, if not the that they had at one time and was sur- Senate Minority Leader, Washington, DC. most, number of Puerto Ricans in his reptitiously taken out. That right that DEAR MR. SPEAKER, LEADER PELOSI, LEAD- ER MCCONNELL, AND LEADER REID: As senior State. they had was taken out. executives of companies that are based in The PRESIDING OFFICER. The Sen- As has been said by the distinguished the U.S. mainland and that conduct exten- ator from New Jersey. ranking member, giving Puerto Rico sive business in the U.S. jurisdiction of Puer- Mr. MENENDEZ. Mr. President, first, back the right they had will not cost to Rico, we write to respectfully urge you to I thank the distinguished senior Demo- the American taxpayer one single swiftly enact a legislative package that will crat on the Energy and Natural Re- dime. Those bottom feeders who ulti- promote economic growth and fiscal sta- sources Committee, which has jurisdic- mately went and tried to buy enough bility in the territory. tion over the territories, including bonds dirt cheap and now want to get We are extremely concerned about the sit- Puerto Rico, for her advocacy, for her paid at maximum amount, that should uation in Puerto Rico for both humanitarian strength of passion in this effort, and not be where the focus of the Senate is and business reasons. The current economic, for her work. I also thank my colleague fiscal and demographic crisis is harming the when it comes to these 3.5 million 3.5 million U.S. citizens that reside on the is- from Florida who has always joined me Americans. I am wondering if it was land, compromising their quality of life and on issues on Puerto Rico and who has some other group of people, whether we causing thousands to relocate to the U.S. always been a strong voice for the is- would feel the same way. I really have mainland in search of better opportunities. land. to wonder. We are about to increase It is also hurting private sector businesses I would hope to prick the conscience Big Oil’s profits by about $170 billion that manufacture products in Puerto Rico, of the Senate about the 3.5 million U.S. over the next decade, but we can’t do depend upon Puerto Rico’s consumer base, or citizens who just happen to live on the seek to contract with the central govern- anything for the 3.5 million people who island of Puerto Rico and to do some- call Puerto Rico home, who are U.S. ment of Puerto Rico or its public corpora- thing before this crisis transforms into citizens, and who wear the uniform of tions to provide public services on a more a full-blown human catastrophe. These cost-efficient basis. the United States. 3.5 million Americans who call Puerto This letter is also endorsed by the Jack- I am pleased to see that the legisla- sonville Port Authority (JAXPORT), which Rico home have a long history with the tion will include a little piece of my United States. Over 200,000 of them is the U.S. mainland hub for trade with high-tech legislation to help the hos- have served in every conflict since Puerto Rico. Roughly 70% of all cargo pitals in Puerto Rico, but that is not World War I and worn the uniform of shipped from the U.S. mainland to Puerto going to do anything as it relates to Rico goes through JAXPORT. This trade is the United States. responsible for 32,000 jobs in the State of Over 20,000 of them currently wear the crisis we are facing. This crisis Florida alone. the uniform of the United States and didn’t develop overnight—it was over We understand that the causes of Puerto put their lives at risk for the safety several administrations—nor will it be Rico’s problems are complex and multi- and security of all of us here at home. fixed in a day. Governor Padilla and faceted. But we also believe that action by They are stationed across the globe. the Government of Puerto Rico have the federal government is essential to enable If you went with me—and I invite done everything they can to right the Puerto Rico to address these problems. any colleague who wants to go to the ship and restore a path to solvency. There are many specific steps that Congress They have closed schools and hospitals. could take, such as (1) fully including Puerto Vietnam Memorial—you would see a Rico in the earned income tax credit pro- disproportionate number of Puerto They have laid off police and fire- gram and the child tax credit program, Ricans who served in the Vietnam war fighters. They have raised taxes on which incentivize work and spur consumer and gave their lives on behalf of the businesses and individuals. They have demand; (2) providing more equitable treat- country. Puerto Rico is an integral gone beyond what any sovereign nation ment to Puerto Rico under federal programs part of America and its people are as would consider doing to right the eco- like Medicaid and Medicare, which would im- American as you and I. They have full nomic status, but they are out of op- prove patient care, reduce migration, and re- citizenship rights. The status of where tions. lieve the fiscal burden on the Puerto Rico they live does not alter their rights All the cuts and tax hikes will not government; and (3) providing Puerto Rico make a dent in this crisis without the with state-like treatment under Chapter 9 of under the Constitution, and the fiscal the federal bankruptcy code, which would timebomb that is waiting to explode in breathing room that restructuring au- help Puerto Rico manage its debt burden and Puerto Rico is an American problem. thority provides. That is all we are position the island to achieve economic In my time in the House of Rep- asking for, not a single cost to the growth in the future. resentatives, I could never believe it American paper. This problem is not

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.012 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8772 CONGRESSIONAL RECORD — SENATE December 17, 2015 going away. Mark my words, if we they are U.S. citizens. They deserve The people of Puerto Rico are al- don’t act now, this crisis will explode the same rights as anyone else. ready suffering because of the uncer- into a full-blown humanitarian catas- With that, I see my distinguished tainty of their financial situation. trophe that isn’t going to take a year friend and colleague from Connecticut, That uncertainty in turn is already or months. It is going to be right who I know feels very passionately— costing them because the borrowing around the corner. the way I do—about this issue, and I costs are rising as a disorderly default It is pretty amazing that instead of yield the floor. faces them. To simply provide more dealing with this issue in a way in The PRESIDING OFFICER. The Sen- money is not the answer. There has to which we can solve it, we are basi- ator from Connecticut. be a structure for orderly and planned cally—it is the equivalent of waiting Mr. BLUMENTHAL. Mr. President, I payment of debts that are due. Right for a malignant tumor to metastasize am inspired by the very eloquent words now, Puerto Rico is insolvent. It can’t before we actually act on it. That is of my colleague from New Jersey and pay its debts on time, and that is the what we are doing. The sooner you act, others, from Senator NELSON of Florida definition of default. Bankruptcy is not the higher your chances of success are, and particularly from Senator CANT- a safety net. It is not a bailout. It is, in and that is no different in the case of WELL, and thank them for championing fact, a reckoning. Puerto Rico. They are not asking us to this cause. There has been some talk here about I am inspired by those words to begin pull them out of this hole. They are who is responsible. There is no ques- with a story. My visit to Puerto Rico simply saying give us the tools so we tion that some stand to profit if there to the association headquarters of the can do it on our own. is chaos—not just lawyers, but some of It is the same can-do spirit of the Borinqueneers—members of genera- the financial interests who are holding Borinqueneers, who served our country tions who have fought for this country, certain of the financial instruments. during the Korean war—an all-Puerto veterans of our wars, who had visited We don’t need to name names or blame Rican division, the most highly deco- the White House to receive the Con- them. What we need to do here is to gressional Medal that we in this body rated in U.S. military history who said: solve a problem and make sure that voted to award them because of their Just give us the tools and we will fight Puerto Rico is treated fairly and that service to our Nation. It was awarded for our Nation—or NASA engineer and it is spared this raw deal that will have by the President of the United States Exceptional Achievement Medal win- ramifications for the entire United when they visited the White House. I ner Dr. Carlos Ortiz Longo or the base- States of America—for our financial visited them in Puerto Rico to say ball great and philanthropist, Roberto markets, for our communities, and for thank you and to recognize their serv- Clemente. I could go on and on about the people of Puerto Rico who have ice. I can tell you at the White House the contributions of Americans of families here and who will come here and in Puerto Rico what I saw in their Puerto Rican descent to this country. themselves. faces and heard in their voices was a I hope we will do the right thing even Just give them the tools. patriotism every bit as deep and pas- Instead, this Congress is going to go in the hours—and there are just sionate as any I have heard anywhere home for the holidays and say to Puer- hours—left before the end of this year. in this country. Puerto Ricans are not to Rico: You get coal in your stocking, There is too much at stake for either only Americans, they are proud to be instead of giving them the tools to help partisan differences or special interests American, and we should be proud they them be able to face a better day. At to dictate the result. The day of reck- are Americans because they are hard- the end of the day, believe me, if we do oning is here. It is just a question of working, dedicated, and they believe in not act, more will come to Senator where it occurs—in a bankruptcy court giving back to America. or in endless litigation that is costly to NELSON’s State of Florida, more of My friend from New Jersey has said Puerto Rico and Puerto Ricans and all them will come to New Jersey, more of that Puerto Rico is receiving a raw them will come to New York, more of Americans. deal, and he is right. It is a raw deal I yield the floor. them will come to Ohio, and more of and an unfair deal because the people The PRESIDING OFFICER. The Sen- them will come to Pennsylvania— of Puerto Rico find themselves in an ator from Illinois. which are some of the largest con- untenable financial situation in large Mr. DURBIN. Mr. President, I am centrations in the Nation—because part due to circumstances beyond their happy to join my colleagues in this they are U.S. citizens. When they control. In fact, in some instances, ac- statement on the floor relative to the come, they will have the rights to ev- tions of this very body, in tax policies situation in Puerto Rico. I commend erything that every other citizen has. and health care program decisions, put Senator CANTWELL as well as Senator That is the reality, and I cannot them at a disadvantage and contrib- BLUMENTHAL, who is a lead cosponsor imagine why our friends on the Repub- uted to the fiscal situation that has of the bill that I am cosponsoring, as lican side cannot get to the point of put them and their economy in free fall well as Senator NELSON of Florida, who understanding that these 3.5 million today. has a special interest with so many residents of Puerto Rico are U.S. citi- So 2.5 percent of Puerto Rico’s popu- Puerto Ricans in his State, and, of zens. They fought for their country, lation has fled the island in just the course, Senator MENENDEZ of New Jer- died for their country, shed blood for last year. If Puerto Rico defaults and sey with the same interest. I share it. the country, have been maimed for the that default is permitted to continue, It is a feeling that is based on some country, and yet we just can’t give the ramification of additional people friendships with Members of Congress them the tools to get themselves into fleeing the island and the financial of Puerto Rican descent, particularly fiscal order again. markets feeling the effects of that de- my friend and colleague from Illinois, It is pretty amazing. It is pretty fault will be horrendous. LUIS GUTIE´ RREZ, but many others, such amazing that we will leave for the holi- The day of reckoning for Puerto Rico as NYDIA VELA´ ZQUEZ and JOSE´ SERRANO days and actually have for some—not is inescapable. The only question is of New York. I have served with all of for those of us on the floor—but for whether it occurs in the courts with them, and I understand the deep per- some no regret that we are leaving endless, costly litigation that enriches sonal feelings they have about the situ- those 3.5 million U.S. citizens without lawyers—let’s face it, the lawyers will ation. any options. be better off if there is no orderly and The financial crisis facing Puerto I don’t believe in leaving any Amer- structured process—or, when that day Rico and its 3.5 million residents who ican behind. That is why I have voted of reckoning occurs, in the bankruptcy are U.S. citizens demands that we not on this floor for flood damage in the courts where it can be orderly and walk away but address this in an hon- Mississippi. That is why I voted for structured and less costly. This body, est way. Congress is working to com- wildfires in the West, to help them be the U.S. Senate, has the responsibility plete its legislative business, and it is dealt with. That is why I voted for crop to extend to Puerto Rico the same deeply troubling that at this point we damage. I have been there because I be- treatment under Chapter 9 that any are preparing to leave town without re- lieve there is a reason we call this the municipality and utility has around solving Puerto Rico’s urgent situation. United States of America. Puerto the country—nothing more, nothing The challenges facing Puerto Rico Ricans, in terms of their citizenship, less. are very serious. The island has been

VerDate Sep 11 2014 07:15 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.065 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8773 mired in an economic recession for the Bankruptcy Code, and that is what are other steps that should be taken more than a decade. Their unemploy- Senator BLUMENTHAL’s legislation pro- when it comes to tax laws, health care ment rate is nearly 12 percent and the poses. reform, and fiscal oversight that would poverty rate is almost 45 percent. Tens About $20 billion of Puerto Rico’s $70 help Puerto Rico. But it is clear that of thousands of Puerto Ricans are leav- billion debt is debt issued by munici- Congress has to act. ing the island each year and, as Sen- palities and public corporations. Chap- I want to commend my colleagues ator BLUMENTHAL said, 2.5 percent of ter 9 creates a mechanism for a State again for joining me on the floor to the population left just this last year. to allow a municipality or public cor- raise this important issue. We cannot That is the reality of this economic poration to restructure its debts in ignore this crisis. Puerto Ricans are challenge. If we don’t help Puerto Rico bankruptcy. This authority has been American citizens. Puerto Rico’s chal- get back on its feet, stabilize, and grow used over and over again, but Congress lenges are America’s challenges. And its own economy, the alternative, passed an unusual law in 1984, which no the clock is literally ticking. sadly, will be many more people com- one has been able to explain. It con- I urge my Republican colleagues to ing to the United States. If they wish tained a provision that excluded Puer- support Senator BLUMENTHAL. This to come, that is certainly their right, to Rico specifically from Chapter 9. No modest bankruptcy reform bill will but we don’t want to force them to other State or territory was excluded help us step forward to solve this prob- come to this country because of dire except Puerto Rico. There is no legisla- lem. We need to work with the admin- economic circumstances in Puerto tive history to explain why Puerto istration and with both political par- Rico that can be avoided. Rico was singled out. ties to chart a fair and responsible path The island has over $70 billion in out- It appears that the bar on Puerto forward for Puerto Rico. standing debt. According to Moody’s, Rico using Chapter 9 bankruptcy was Mr. President, I yield the floor. this debt load is approximately 100 per- either an error or it was an intentional The PRESIDING OFFICER. The Sen- cent of Puerto Rican’s island’s gross discrimination against this territory ator from Utah. national product. Moody’s also found and its 3.5 million American citizen f that in fiscal year 2015, the debt service residents. Either way, it is time we OMNIBUS AND TAX EXTENDERS of the territory and its agencies correct this inequity, if not for the amounted to almost 40 percent of the simple fairness of the argument, then Mr. LEE. Mr. President, here we are revenues available to the government— for the point being made by Senator again: another year of legislative dys- compared to an average in most States BLUMENTHAL earlier: So many of these function capped by an undemocratic, of 5 percent. Puerto Rican residents have literally unrepublican process that uses the I noted an article in the Wall Street risked and given their lives in defense threat of another manufactured crisis Journal not that long ago that quar- of the United States. There is abso- to impose on an unwilling country the reled with this 40 percent figure. They lutely no excuse for discriminating same broken government policies that said it was less than half of that against these people. have repeatedly failed the people they amount, and, therefore, it wasn’t a dire I am a cosponsor of Senator are supposed to serve. situation. Yet we had a hearing before BLUMENTHAL’s bill that would allow The bills moving through Congress the Judiciary Committee with experts Puerto Rico to use Chapter 9. This today and tomorrow, made up of the present, and it was very clear that 40 would create a backstop to address a omnibus spending bill and the tax ex- percent is a valid figure, not arrived at significant portion of Puerto Rico’s tenders package, and the process that by political figures but by Moody’s, a debt. produced it are an affront to the Con- firm that is supposed to be expert in The availability of a bankruptcy stitution—to the very idea of constitu- reaching that conclusion. process would also create an incentive tionalism—and an insult to the Amer- The Puerto Rican government was for creditors, bondholders, and others ican people we were elected to rep- able to make large debt payments on to negotiate voluntary restructuring. resent. December 1 only through some very The option of bankruptcy helps bring I am not even talking about the sub- contorted fiscal determinations. But all the parties to the negotiating table stance of the bill, which is bad enough another debt payment of $332 million because typically it is a dose of reality. and which I will get to in just a mo- looms on January 1, and a default is a I regret that not a single Republican ment. I am talking about the way it real possibility. has been willing to cosponsor this bill, was produced. A small handful of lead- We had this hearing before the Sen- and I don’t get it. I just don’t under- ers from the two parties got together ate Judiciary Committee. It was an eye stand it. I regret that the Republican behind closed doors to decide what the opener. One of the witnesses that I re- majority has been unwilling to bring Nation’s taxing and spending policies member specifically is Richard Car- the issue of Puerto Rico bankruptcy re- will be for the next year. Then, after rion, the executive chairman of Puerto form to the Senate floor. It should several weeks, the negotiators Rico’s largest bank, Banco Popular. He have been brought to the floor. It is emerged, grand bargain in hand, con- testified that, as a banker, it was truly timely, and it is important. Nobody fident the people they deliberately ex- painful for him to ever talk about wants to encourage bankruptcy, but cluded from the policymaking process bankruptcy and not paying their debts. the Founding Fathers recognized the would now support all 2,242 pages of the But Mr. Carrion went on to say that importance of this legal option in giv- legislative leviathan that they cooked there needs to be some kind of bank- ing individuals and institutions the up. This is not how a self-governing—or ruptcy or restructuring regime made ability to dig out of debt in an orderly a self-respecting—institution operates, available for Puerto Rico because the fashion. That is why Congress’s power and everyone here knows it. money just isn’t there. to enact bankruptcy laws was actually The leaders who presided over these If Puerto Rico goes into default, the written into the Constitution. negotiations were elected, just like the ramifications are frightening. Not only Furthermore, the bankruptcy process rest of us, to represent the people re- would a default threaten the island’s is well-known and understood. It is not siding in their State or congressional fiscal stability, but it would also cause a Federal bailout because it won’t cost district and not the entire population a humanitarian crisis where we have the taxpayers a dime if Puerto Rico of the country. Yet they excluded 99 such a high rate of poverty. It would chooses bankruptcy. In contrast, if percent of the country from this proc- threaten access to essential services, Puerto Rico defaults, we will face a ess, as if their representatives are just such as education and even basic utili- new, uncertain future that may well partisan seals trained to bark and clap ties. require Federal corrective action and on cue for their leaders. It is true that there are a lot of fac- may cost money. These steps likely That anyone is celebrating this bill tors that contributed to this financial would be far more upsetting to credi- as some kind of achievement is further situation, and there is no silver bullet tors and taxpayers in the United States evidence of how out of touch Wash- to fix all of these problems. But one than any bankruptcy process. ington has truly become. Indeed, the step that would certainly help is to We know that bankruptcy reform is very premise of this process—that the allow Puerto Rico to use Chapter 9 of not the silver bullet solution. There established leaders of the two parties

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.067 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8774 CONGRESSIONAL RECORD — SENATE December 17, 2015 can accurately and fairly represent 320 spending and the tax bill that make can still fix this. We can hit the reset million Americans—is itself absurd. some important policy reforms. There button. We can pass a short-term, stop- This isn’t just my opinion; it is the is the 2-year moratorium on gap spending bill and then come back opinion of the vast and bipartisan ma- ObamaCare’s ill-conceived medical de- to this in the new year and give it the jority of our constituents. vice tax and the defunding of time it deserves, approach this with Seventy percent of the American peo- ObamaCare’s cronyist Risk Corridor the kind of process for which this body ple think the country is on the wrong Program. There is the lifting of the has always up until now been known. track, and Congress, for its part, is the government’s foolish ban on crude oil Give the American people back their least trusted institution in this coun- exports and the extension of several voice. Let’s keep the government fund- try. A dwindling minority of Ameri- sound tax provisions that never should ed but buy ourselves more time so that cans trust the Federal Government to have been temporary in the first place. this can be debated, discussed, im- do what is right for the country. But the process has been rigged so that proved, changed, and, where appro- The country doesn’t trust us or re- we can’t vote on these commendable priate, amended. spect us. And if we pass this bill and policy reforms by themselves. In fact, Mr. President, I yield the floor. assent to the secretive, undemocratic we can’t vote for any one of these sen- The PRESIDING OFFICER. The Sen- process behind it, we will be telling the sible, positive reforms without also ator from Oregon. voting for each and every dysfunc- country, loud and clear, that the feel- f ing is mutual. All of this is before we tional, irresponsible, and unsustainable OMNIBUS TAX PROVISIONS even get into the substance of this bill. policy found in the 2,000-page bill—a We are being told that the omnibus and bill, by the way, we received 36 hours Mr. WYDEN. Mr. President, I wish to tax extenders grand bargain is a legis- ago—nor, it appears, will we have the take a few minutes this afternoon to lative accomplishment of the highest opportunity to amend a single provi- talk about the tax provisions in the order—some kind of shining example of sion found within this massive legisla- agreement before us. I want to start by what can happen when the two parties tion. making sure that people understand This is a ‘‘take it or leave it’’ propo- in Washington come to together to what this is really all about. This is sition. That means no up-or-down votes ‘‘get things done.’’ In a sense, I don’t the biggest bipartisan package that on controversial provisions that Mem- disagree. This bill is the textbook ex- provides real tax relief for working bers of the House and Senate as of 36 ample of how Washington actually families in literally decades. It is the hours ago had no idea were going to be works, and that is precisely the prob- biggest anti-poverty program Congress in this bill. There will be no up-or- has moved forward in decades. So being lem because all too often, when Wash- down vote on the President’s con- ington works, it does so not for Amer- able to do all of this for working fami- troversial Green Climate Fund; the un- lies and help millions of Americans ican families, workers, or future gen- popular and unwise cyber security erations, but for political elites and the find their way out of poverty is, in my measure; the divisive rules promoted view, something particularly impor- sprawling ecosystem of lobbyists and by the Department of Housing and tant—the largest bipartisan tax agree- special interests that subsist on the Urban Development; and the backdoor ment in 15 years. Federal Government’s largesse. tweaks to the H–2B immigration visa This bill is a case study of Washing- I want to spend a few minutes de- program—all hidden within the pages scribing how this came together, why ton’s bipartisan bargains turning into of this bill, none of which saw the light it is such an important piece of legisla- special interest bonanzas. Like so of day, none of which saw committee tion, and what it means for the cause many policies that come out of Con- action, none of which had the oppor- gress today, the omnibus and tax ex- of tax reform. tunity to be debated and discussed and Hundreds of thousands of Oregonians tenders have something for everyone. changed, improved, amended until 36 and millions of families across the land Maybe you are a Puerto Rican rum hours ago and still will have no oppor- count on the child tax credit and the distributor or exporter. If you are, this tunity to be changed, improved, or earned-income tax credit to make ends bill has you covered. It renews an un- amended even after they hit the floor. derhanded tax scheme whereby the We will not have a chance to add the meet. More than 100,000 Oregon stu- United States imposes artificially high priorities of the more than 500 Mem- dents and millions of students nation- import taxes on rum from Puerto Rico bers of Congress who were not in the wide count on the American oppor- and then sends the proceeds back to negotiating room. So all Members who tunity tax credit to help them pay for the island’s government. weren’t there are left out of the process college. These are concerns Senator Perhaps you own a stable, multi- altogether. For instance, Members of MERKLEY and I heard directly from stu- million-dollar racehorses, or maybe a Congress from Western States, includ- dents at the roundtables we held re- NASCAR speedway. In either case, you ing my home State of Utah, have been cently at the University of Oregon and are in luck, too, because this bill main- working tirelessly for months on a pro- at Southern Oregon University. In my tains the profitable accelerated depre- vision to prohibit the Bureau of Land view, they are bedrock priorities for ciation schedules carved out in the Tax Management from using government working families when it comes to Code just for you. funds to implement the Bureau’s land- taxes. Maybe you run a salmon fishery and use plans in the nearly 67 million acres Starting more than a year ago, all of you are concerned about genetically of sage grouse habitat situated on my Democratic colleagues on the Fi- engineered salmon cutting into your western Federal lands. nance Committee came together market share. Don’t worry, there is Amendments to strike or to add around the principle that when Con- something in this bill for you, too—a those provisions might have succeeded gress took up the temporary tax cuts provision that empowers the Food and or they might have failed, but either known as extenders, these vital indi- Drug Administration to use its regu- way, the American people at least vidual tax incentives for working fami- latory powers to block genetically en- would have known where their rep- lies would be our special priority. If gineered salmon from hitting the gro- resentatives stood on these issues. our colleagues on the other side in- cery store shelves. With that transparency comes account- sisted on making certain business-re- Puerto Rican rum exporters, race- ability, credibility, and ultimately lated tax breaks permanent, we were horse owners and breeders, speedway trust. If the House and Senate actually going to make clear at every single op- owners, salmon fishermen—this bill voted for these measures as amend- portunity that the tax cuts for working has something for everyone except for ments to the spending bill, I might not families and students would have to be one group: the hard-working individ- like it, but it would at least put the made permanent as well. uals and families living in one of Amer- question back into the hands of the Back in 2009 when these working ica’s forgotten communities left behind American people and their elected rep- family tax cuts were actually ex- by Washington, DC’s, broken status resentatives instead of deliberately panded, there were some Members here quo. taking it from them. in the Senate who said they would I will be the first to admit there are Our credibility is on the line here. never allow them to become perma- some laudable provisions in both the There is still time to get it back. We nent. In effect, what they said is that

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.068 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8775 working families would get a little bit your way to meet low-income people think many of those make a great deal of relief back then in 2009 but that and you don’t talk to them about their of sense as well. We have the perma- would be it for those working families. lives, if you are not in the cafeteria— nent tax break for research and devel- We said that is not good enough. We those people are making way too little opment. Thanks to the good work of said that without the certainty of per- money, and people here don’t know our colleague from Delaware Senator manent extensions, too many families their names and all of that. But when COONS, it is going to be available for across this country would be thrown you think about this, it makes a huge the first time on a widespread basis for into the dark as the provisions expired difference in people’s lives. small business and startups. It is in over and over again. I thank Senator WYDEN for his role in there. Advocates for those who walk an eco- helping put that coalition together. I say to the Presiding Officer—be- nomic tightrope, balancing their food Mr. WYDEN. Reclaiming my time, cause I have been to his State—this is against their fuel and their fuel against Mr. President, before Senator BROWN going to be a real booster shot for their medical care—over 130 groups leaves the floor, I want to thank my America’s innovative economy. Perma- who advocate for those working fami- colleague from Ohio, whose advocacy nent small business expensing is going lies wrote a letter urging lawmakers to and constant tenacity, coming back to help a lot of employers invest, grow, make the working family credits per- again and again to talk about what and create new high-wage, high-skilled manent. They said: Don’t keep those this means for those families walking jobs for American workers. families guessing about their taxes; on what I call an economic tightrope— give them certainty and assistance on we wouldn’t be here without that advo- I have town meetings in every county a permanent basis. That is what this cacy. every year in Oregon. When I drive package does. There is a new measure I just learned from some of the ex- through rural Oregon, I see all of those of certainty and predictability when it perts in the field that altogether 50 little businesses that in effect sell farm comes to taxes. The last tax bill in million Americans are going to benefit implement equipment. Last year they America passed just over a year ago. It from the earned-income tax credit and were trying to figure out what was had a shelf life shorter than a carton of the child tax credit being made perma- going to happen with respect to the ex- eggs. What we are doing with this bill nent. That is real relief on a permanent pensing rules, and then they saw it is providing an alternative—an alter- basis. Students will be able to count on only lasted a few weeks. Now we have native with real certainty and predict- the American opportunity tax credit to permanent small business expensing. ability on a permanent basis. cover up to $10,000 of a 4-year college That is going to help small employers I see my colleague Senator BROWN education. That is an awful lot of in rural areas. Research and develop- here. He has done yeoman’s work in ad- money they are not going to have to ment credits, which are permanent, vocating for working families and their borrow. There are other important will help small businesses in rural and kids. I so appreciate his leadership. highlights in the package, such as per- urban areas. In many cases, it will help Suffice it to say that what we just manent help for the commuter, perma- employers pay wages thanks to those heard from the Center on Budget and nent assistance for low-income hous- new innovation-related programs. I Policy Priorities is that 16 million ing, permanent tax breaks to encour- think the tax breaks I have just men- Americans, including 8 million chil- age charitable giving. That is a huge tioned, such as expensing for small dren, will be lifted from the depth of lifeline for places like the Oregon Food businesses and permanent research and poverty or out of poverty altogether in Bank. I was there just a few days ago, development breaks, ought to be the 2018 and beyond because of this legisla- and I saw all those young people and kind of thing that both Democrats and tion. volunteers last Saturday morning. Republicans should approve. Mr. BROWN. Will the Senator yield? They were all pitching in and packing I want to take just a few minutes and Mr. WYDEN. I will be happy to yield. fruit baskets for families to enjoy. talk about the impact of this legisla- Mr. BROWN. I thank the former They do incredible work to combat tion on tax reform. I will tell you that chairman of the Finance Committee. hunger. my wife always says: Don’t describe About a year ago, when it wasn’t so There will be 5 years of assistance for the Federal Tax Code in your typical clear at all that the earned-income tax job seekers, including veterans, long- way because you just frighten the chil- credit, which, according to President term unemployed, and people with dis- dren, but the reality is the American Reagan and most Presidents of both abilities. Also, 5 years of aid is in- Tax Code, overall, is just a rotting eco- parties since, has been the most effec- cluded for hard-hit communities with nomic carcass. It is infected with loop- tive tool to fight poverty in recent the new markets tax credit, 5 years of holes and inefficiencies. Now we have memory—I would also say Social Secu- certainty for solar and wind energy. this version virus mutating and grow- rity and Medicare, of course—what the This is especially important. We have ing. This is really a mess of a system. earned-income tax credit, coupled with seen the extraordinary interests in cli- What this legislation does—particu- the child tax credit, has done is it has mate change. You can debate whether larly by making the breaks for working rewarded work, helped people who are you think there is a serious problem. families and the smart policies that en- making $9, $10, $12 an hour, sometimes Based on the numbers from the sci- courage business, innovation, and eco- working two jobs—it has helped lift entists at NOAA, the National Oceanic nomic growth in our communities, re- them out of poverty because they sim- and Atmospheric Agency, I know I cer- search and development, and realistic ply don’t make enough money to be tainly do. It is a serious problem, and writeoffs permanent, this is going to, able to live a decent standard of living now we have 5 years of certainty for in effect, clear the deck for tax reform. if they are making $9 an hour. solar and wind energy, which I think is This lays out the opportunity by giving When it wasn’t at all clear that the going to make an extraordinary dif- breathing room to the cause of bipar- earned-income tax credit wouldn’t ex- ference in renewable energy. pire in the next couple of years, what Here is what the math of this pack- tisan tax reform. That is something I am particularly interested in because Senator WYDEN did, working with a age looks like: 40 percent of the tax number of us, was he negotiated and breaks goes to families and individuals. our colleague from Indiana, Senator basically said: Sure, we want to do That is a huge improvement over the COATS, and I have written a bipartisan these business tax credits or business typical math with these tax breaks. comprehensive tax reform bill. tax deductions because we think this When Congress just passes the same What this legislation does, in terms will help our country grow, but we old, same old set of tax extenders, as it of creating breathing room for tax re- shouldn’t give tax breaks to large busi- has done for years, only 20 percent goes form, is it breaks the chain of just ex- nesses and leave workers behind. to families and individuals. This pack- tending these tax extenders every 2 That is what this coalition did, was age doubles the percentage of families years. What it means is that we have pretty much said to people here who who will benefit as it relates to this some predictability, certainty, and haven’t always thought much about particular package. some breathing room in order to lay low-income people—frankly, we work There are clearly a number of busi- out a bipartisan comprehensive tax re- around here, and if you don’t go out of ness-related tax cuts and, by the way, I form effort.

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.070 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8776 CONGRESSIONAL RECORD — SENATE December 17, 2015 By the way, the fact is, this inversion I just want to close by way of saying to reconsider be considered made and virus is something that can’t be ig- that I am so honored to represent Or- laid upon the table. nored any longer. That alone is an indi- egon in the U.S. Senate. I was director The PRESIDING OFFICER. Is there cation that the Congress cannot duck of the senior citizens Gray Panthers for objection? the need to reform the Tax Code com- about 7 years before I came to the Con- Mr. BROWN. Mr. President, I reserve prehensively. Look at those Members gress. I have had a lot of exciting mo- the right to object. who are in key positions in the Con- ments in my time in public service, but The PRESIDING OFFICER. The Sen- gress and have made it clear that they to be part of this bipartisan legislative ator from Ohio. want bipartisan tax reform—both effort that provides the biggest tax cut Mr. BROWN. Mr. President, I will Democrats and Republicans. For exam- for working families and the biggest briefly explain the reasons I am reserv- ing the right to object. I, first of all, ple, Chairman BRADY, Chairman anti-poverty plan Congress has moved thank Senator MORAN. As a fellow HATCH, and myself, as well as a number forward in decades is particularly member of the banking committee, of colleagues on both sides of the aisle, thrilling. have said they want to do comprehen- I thank all of my colleagues and while I disagree with him on this issue, sive tax reform and want to—as I have their staff who have done so much to we have found many things we can described it—pass these extenders so make this possible. work together on, and I appreciate we can break the chain of the every With that, I yield the floor. that. As Senator MORAN does, I strongly year or every 2 years extension. We are The PRESIDING OFFICER. The Sen- support sovereignty, as I know vir- not the ‘‘extender’’ Congress. I don’t ator from Kansas. tually everybody in this body probably want us to have to come back to this f does. But this bill, frankly, isn’t about every 2 years, doing the same old, same UNANIMOUS CONSENT REQUEST— tribal sovereignty; it is about under- old. We can do a lot better, and this S. 248 mining labor law that protects the time we have at least laid the founda- rights of workers to organize and col- tion for real tax reform. Mr. MORAN. Mr. President, I wish to address my colleagues on the National lectively bargain. I want to thank a number of my col- We have a middle class in this coun- Labor Relations Act. It was enacted in leagues. In particular, I wish to thank try in large part because since the 1935, and that legislation exempted Chairman HATCH, our committee mem- 1930s—since Hugo Black sat at this Federal, State, and local governments bers on both sides of the aisle, and the desk and Senator Wagner sat at an- but did not explicitly mention Native two leaders—Leader REID and Leader other desk in this chamber and wrote American governments from the provi- MCCONNELL—for their efforts. We had collective bargaining laws—we know sions of the act. As a matter of sov- an awful lot of dedicated staff people what that has done to raise wealth, not ereignty, Indian tribes—tribes across working on this issue. Our diligent tax just for union members but for others counsel is here, Todd Metcalf. I thank the country—should be excluded from also. him for his great work. Our terrific the provisions of the NLRB. For 70 This bill attempts to overturn the staff director, Josh Sheinkman, our years, the NLRB honored the sovereign National Labor Relations Board deci- chief counsel, Mike Evans, and the status, and it accorded them the rights sions that have asserted the Board’s ju- members of our tax team, Ryan Abra- they are entitled to under the Con- risdiction over labor disputes on tribal ham, Bobby Andres, Chris Arneson, stitution of the United States. lands. The Board methodically evalu- Adam Carasso, Danielle Deraney, Kera Beginning in 2004, however, the ates when they do and don’t have juris- Getz, Rob Jones, Eric Slack, Tiffany NLRB reversed its treatment of tribes diction on tribal lands by using a very Smith, and Todd Wooten. All of them and legally challenged those tribes in carefully crafted test to ensure that have worked long hours to get us up to regard to the NLRB. The Tribal Labor the Board’s jurisdiction would not vio- this point. Sovereignty Act, which I introduced late tribal rights and would not inter- I also want to commend Liz Jurinka and passed in the Senate Committee on fere in the exclusive right to self-gov- and Juan Muchado of our health staff Indian Affairs in a bipartisan way, is ernance. We support that. because they joined a very good leader- simple. In the June 2015 decision, the NLRB ship team. I must thank Senator REID’s The National Labor Relations Act is employed the test. They did not assert chief tax aide, Ellen Doneski, Chair- amended to provide that any enterprise jurisdiction in a labor dispute on tribal man HATCH, and his staff, led by Chris or institution owned or operated by an lands. Instead, this bill is part of an Campbell, Mark Prater, and Jay Indian tribe and located on tribal lands agenda to undermine the rights of Khosla. Brendon Dunn, with Senator is not subject to the NLRA. This is not American workers, including the MCCONNELL’s office and George Callas a labor issue. This is a sovereignty 600,000 employees of tribal casinos. Of and Chairman BRADY’s tax staff were issue. The narrow legislation protects those employees, 75 percent are non-In- instrumental. All of them came to- tribal sovereignty and gives tribal gov- dians. Courts have upheld the applica- gether to help us put this together. ernments the ability to make the best tion to the tribes of Federal employ- I now believe there is a real oppor- decisions possible for their people. This ment laws, including the Fair Labor tunity to use this bill as a springboard legislation seeks to treat tribal govern- Standards Act, the Occupational Safe- to real tax reform. I have written two ments no differently than other units ty and Health Act, the Employment bipartisan tax reform bills over the of local government, counties, and cit- Retirement Income Security Act—that years, first with our former colleague ies. As I said, this legislation not only is OSHA and ERISA—and title 3 of the from New Hampshire, Judd Gregg, and passed the Senate committee, but simi- Americans with Disabilities Act, the the second with our current colleague, lar legislation passed the House of Rep- ADA—all very important to protect Senator COATS, the distinguished Sen- resentatives in a bipartisan vote. people, workers, and citizens. ator from Indiana. I know my wife The late Senator Inouye of Hawaii In addition to harming thousands of would always say: I keep hearing about wrote in 2009: ‘‘Congress should affirm already organized workers in commer- these tax reform bills, dear. Write me the original construction of NLRA by cial tribe enterprises, casinos, and when something actually happens. expressly including Indian tribes in the other things, this bill would establish a I will tell you, I think the combina- definition of an employer.’’ dangerous precedent to weaken long- tion of this inversion virus—which if it This bill presents Congress with an standing tribal protections on tribal keeps growing is going to hollow out opportunity to reaffirm the constitu- lands. For these reasons, Mr. Presi- America’s tax system—and the fact tional status of sovereignty that tribes dent, I object. that we have brought some certainty are entitled to under the supreme law The PRESIDING OFFICER. Objec- and predictability to the Tax Code of our land. tion is heard. added some very sensible provisions in Mr. President, I ask unanimous con- Mr. MORAN. Mr. President, I am dis- a permanent way. This really gives us sent that the Senate proceed to the im- appointed the Senator from Ohio has an opportunity now. The table is set mediate consideration of Calendar No. objected, and I will continue our efforts for real tax reform, and that is not 220, S. 248 and that the bill be read a both in the committee and on the Sen- something we have had before. third time and passed and the motion ate floor to see that this legislation or

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.076 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8777 legislation similar to it is advanced for The PRESIDING OFFICER. The Sen- votes for us under the impression that the purposes of reaffirming the con- ator from Nebraska. the Congress actually makes decisions stitutional grant of sovereignty—the Mr. SASSE. Thank you, Mr. Presi- and doesn’t just offer whiny sugges- sovereignty of those who preceded us in dent. tions. the country. Mr. INHOFE. Will the Senator yield? The shrinking of the legislature in f Mr. SASSE. Yes. the age of Obama should be bad news Mr. INHOFE. Mr. President, I ask for all of us for three reasons. First, we TRIBUTE TO BRIAN PERKINS unanimous consent that at the conclu- have taken an oath to defend the Con- Mr. MORAN. Mr. President, on a dif- sion of the remarks by the Senator of stitution, and the Constitution invests ferent topic, just for a moment I would Nebraska and the Senator of Georgia the legislature with the legislative like to indicate that it is time, unfor- that I be recognized along with the powers. tunately, for me to say good-bye to one Senator from New Mexico. Second, the Founders’ design of of my long-time employees, Brian Per- The PRESIDING OFFICER. Is there checks and balances actually was and kins of Wichita, KS. A Kansan through objection? is a good idea. They were struggling to and through is departing our staff at Without objection, it is so ordered. preserve the freedom of the individual the end of the year. f and especially of the vulnerable Brian came to our office when I was against the powerful—against those EXECUTIVE OVERREACH AND THE a House Member in 2009 and followed who could afford to hire the well-con- SEPARATION OF POWERS me here to the U.S. Senate. Among the nected lobbyists. The Founders were issues that I consider most important Mr. SASSE. Mr. President, today I equally afraid of the unchecked con- as we try to care and work on behalf of would like to propose a thought experi- solidation of power in a king or in the Kansans and Americans are issues re- ment. Imagine if President Trump has passions of a mob. They understood lated to health care and issues related been propelled into the White House that human nature means that those in to education. Brian has been front and with 300 electoral votes, having won power will almost always try to grab center in our office, day in and day out, mainly by the force of his personality, more power, and that base reality on these issues. by calling BS on this town, and by his hasn’t changed over the last 230 years. I have many wonderful and qualified promise to ‘‘get things done’’ by acting Third, under the system that is now staff members, but I think Brian is the unilaterally. emerging, the public is growing more role model for all of them, including The first 100 days are huge. He signs and more frustrated. They think that for me. We have seen Brian time and an order to turn the Peace Corps into most of us will be reelected no matter again step up and act above and beyond stone masons to build a southern wall. what, and they think that the execu- the norm. In every setting he is gen- He shutters the Department of Edu- tive agencies that daily substitute uine, he is sincere, and he dem- cation, and by Executive order, he rulemaking for legislating will promul- onstrates his care for Kansans in each turns the Department of Interior into gate whatever rules they want, no mat- and every circumstance. He is intel- the classiest oil company the world has ter what, and that the people have no ligent and knows the details of health ever known. control. People grow more cynical in a care and education law, but the com- What happens next? Would those who world where the legislators who can be pelling factor about Brian is that he have stayed silent about Executive fired—that is what elections are for— cares so much about getting it right overreach over the last 7 years sud- have little actual power and a world and doing things for the right reasons. denly find religion? After years of leg- where bureaucrats, who have most of I understand there is sometimes a islative atrophy, would Congress spring the actual power, cannot be fired. It is lack of appreciation by Americans into action and remember its supposed basically impossible for the people who across the country for the people who power of the purse? are supposed to be in charge of our sys- work here. I would exclude me and And what about the Republicans? tem to figure out how they would other Members of Congress from this After having raged against a sup- throw the bums out. They ask: Where statement, but I would think that al- posedly lawless President, would they is the accountability in the present ar- most without exception all of our staffs suddenly find that they are OK with a rangement? are worthy; those who work in the Sen- strongman President, so long as he is Allow me to be clear about two issues ate, who work in our offices, and who wearing the same color jersey they up front. First, this Senator believes work in committees are worthy of es- are? He may be a lawless son of a gun, that the weakness of the Congress is teem and respect. These are people who some would say, but he is our lawless not just undesirable; it is actually dan- work hard every day for a good and son of a gun. Would the end justify the gerous for America and her future. Sec- worthy cause. Most of them have an in- means? ond, this Senator thinks so not because terest in policy or an interest in poli- The way Congress thinks and talks I am a Republican and we have a Dem- tics and decided that Washington, DC, about Executive power over the last ocrat in the White House; rather, I the Nation’s Capital was a place where few years has almost been this sopho- think this because of my oath of office they could do something for the good moric. It has been based overwhelm- to a constitutional system, and I will of their country. Brian exemplifies ingly on the party tag of whoever hap- continue to hold this view, having that. pens to sit in the Oval Office at any taken this oath, the next time a Re- It is not easy to say good-bye to given moment. Republicans, Demo- publican President tries to reach be- Brian. As Senators, we spend a lot of crats, us versus them—these are the yond his or her constitutional powers. time with our staff. I want to express political trenches, and the no man’s Despite these two strongly held views, my gratitude to him on behalf of my land lies somewhere between this though, in this series of addresses on family and me. I wish him and his fam- Chamber and 1600 Pennsylvania Ave- the growth of the administrative State ily, Beth and their children, all the nue, NW. When your highest objective and more broadly on the unbalanced best as they move closer to family. It is advancing partisan lines on a map, it nature of executive and legislative is another attribute of Brian; I think is easy to forgive a President who branch relations in our time, my goal he has the sense that he hates to leave, oversteps his authority, so long as he is will not be primarily to advocate. My but he knows he has a responsibility to your guy and the one with authority is first goal is just to do some history to- his family. That is something Kansans in your party. gether. also admire and respect. This Senator suggests that this is the My goal is primarily to describe how Brian, thank you very much for all entirely wrong way to think about this the executive branch has grown and the hours, days, weeks, months, and issue. The problem of a weak Con- how Presidents of both parties are years in which you have advanced the gress—which we are—and the growth of guilty of it. But it isn’t just that Re- good cause of government for the peo- the unchecked Executive should be bad publicans and Democrats are guilty of ple of our State and the people of our news to all of us. But more impor- trying to consolidate more power when country. tantly than us, this should be bad news they have the Presidency, although Mr. President, I yield the floor. for every constituent who casts their that is true; it is a one-way ratchet. It

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.078 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8778 CONGRESSIONAL RECORD — SENATE December 17, 2015 is also true that Republicans and less—that is, more free families, more tive branch to make the decisions uni- Democrats are to blame in this Con- free inventors, more free churches and laterally. gress for not wanting to lead on hard synagogues, more free not-for-profits, Today many in my party argue that issues and take hard votes, but rather more free local governments, and so no President has ever even con- to sit back and let successive Presi- on. templated what President Obama regu- dents gobble up more authorities. If you have to describe the essence of larly does. That is actually not true. My goal is to give all of us who are the American government in one sen- Whatever one might think of President called to serve in this body a shared tence, Lincoln, to paraphrase, would Obama’s gobbling up of powers, his sense of some historical moments, how say, it is ‘‘of the people, by the people, theories are not at all new. His theo- we got to this place where so much of and for the people.’’ Americans believe ries date back to the Progressive Era’s the legislative function now happens that we are free, endowed by our Cre- disdain for limits of the Constitution, inside the executive branch, and to ator with unalienable—that is un- and this is especially evident in the convince my colleagues of both parties changeable and untouchable—rights. self-conscious Executive expansionism that we have to take this power back, That is opposite of everything the of Teddy Roosevelt, the Republican, regardless of who serves in the White world had ever held in government and Woodrow Wilson the Democrat. House and what party they are from. until 1776. After the holidays, we are going to So how did we get to the place where This is what American spend a little time exploring both of so many giant legislative decisions are exceptionalism means—not that there these men and their attempts to now made inside 1600 Pennsylvania Av- is something unique about Americans marginalize and to intentionally ig- enue and in the dozens of alphabet soup distinct from people in any other place, nore the Congress to—as TR put it— agencies? To understand that, we have but that the American idea is premised ‘‘greatly broaden the use of executive to look briefly at the Founders and on rejecting the idea that the King is power.’’ what they were trying to accomplish. the one who is free. The King, after all, I hope that this look at the rise of These were educated men who had had an army, and you didn’t, and he the executive branch and its legislating studied all forms of government could use his power however he wished. over the next number of months will throughout human history. They had a His subjects—remember they were not contribute to the efforts of all of us worked-out theory of human nature. called citizens; they were subjects— here together who want to recover and They knew that we are created with in- were dependent. If they wanted to open safeguard that constitutional vision. herent dignity worthy of respect, that a business, to start a church, to publish But in historical terms, the Congress, our rights come to us from God via na- a book, then they needed to ask the in the age of Obama, is very weak. This ture, and that government doesn’t give King for permission. All that was not isn’t about the current majority lead- us rights; government is just our mandatory was forbidden unless the er, and it isn’t about the most recent shared tool to secure those natural King gave you an exception, unless the previous majority leader. It is much rights. At the same time they knew King gave you a carve-out, unless the bigger than that. This institution is ar- that we also have a disposition to self- King gave you a waiver. guably the weakest it has been relative interest and a capacity for evil. They In America, the opposite was to be to the executive branch at any point in observed it throughout all of human true. You are born free, regardless of our Nation’s 21⁄2 centuries. Others in- history, rulers trying to consolidate where you are from or who your par- terested in the history of this special more power for their own ends, and ents are, regardless of your bank bal- place might argue that there is some this is obviously dangerous. ance or the color of your skin. In other moment with greater relative One of the lessons they drew from America, if you want to preach a ser- weakness than this current moment. their rich historical understanding was mon or write a piece of investigative We should have that debate, for we the importance of keeping three main journalism, if you want to say that should be discussing how and why this functions of government separate. As your elected leaders are losers, if you institution became so weak. Montesquieu wrote: ‘‘All would be lost want to invest in a new app or launch We should stop pretending—the con- if the same man or the same body of a nonprofit, you don’t need the King’s stant exaggeration around here as peo- principal men, either of the nobles or permission, for you are free. ple fake it, pretending that some tiny of the masses, exercised these three About 100 years ago, this idea and our procedural vote that didn’t pass some- powers: that of making the laws, that system of separation of powers came how still changed the world. We should of executing public resolutions, and under attack. There are three or four stop pretending omnicompetence that of judging the crimes and disputes large reasons why the era of urbaniza- across huge expanses of often unknow- among individuals.’’ tion, industrialization, and then pro- able executive branch governmental The separation of powers could not, gressivism and the rise of specialized action. of course, be absolute, for the branches experts called our constitutional sys- Voters—better, citizens—don’t be- had to work together, each power had tem of limited government into ques- lieve us. The lobbyists don’t believe it to counterpose one another. The key tion. We will tackle some of those top- either. They are willing to fake it with was to divide the power among dif- ics after the holidays. But for now, it is you, but they don’t really believe you, ferent institutions while ensuring that sufficient to say that the Presidency which is why so many lobbying firms those institutions could act together as began to grow larger in the first two today are expanding most of their ef- a coherent whole on the basis of what decades of the 20th century, and the forts in the regulatory—not the legisla- they call ‘‘mixed government.’’ Congress began to lose some of its pow- tive—lobbying space, for that is where The Constitution that emerged from ers. the action is. the Founders’ debates and delibera- It happened because Presidents of It would be far more useful in this tions intentionally enshrines the sepa- both parties were willing to overreach body—not to mention far more believ- ration of the powers, and this was a di- and because the Congress was willing able to the people who we work for—for rect result of the Founders’ study of to underreach, to retreat from that us to learn to talk openly about how human nature and their conclusion field of competitive ideas, to retreat and why this once powerful and still that that nature was relatively con- from our constitutional commitments. special body became so weak. Congress stant. Men everywhere tend to aggran- For every TR—Teddy Roosevelt, a is mocked, and we should tackle the dize power and to use it for selfish Republican—there is an FDR, a Demo- hows and whys, for the people are not ends. When power checks power in the crat. This should not be a partisan wrong. We should stop this trend, and government, the people are better pro- issue, for both sides have been guilty of the first step toward that would be to tected. As Tocqueville said when he extensive executive branch overreach. better understand and to more openly studied America: Their more con- Meanwhile, the professional legislators admit the nature of the problem. strained government leaves them more realized that permanent incumbency is I planned this series on the growth of room for civil society. easier if you cede control rather than the executive branch for early in 2016 We have a limited government be- lead, if you decide not to take the hard because it would be healthy for the cause we mean to enable nearly limit- votes but just quietly ask the execu- Senate and for our broader public to be

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.079 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8779 wrestling with the duties and constitu- When the year dawned, we had a there for the veterans of the Midwest tional authorities in advance of No- scandal in Arizona at a Phoenix hos- and the West in Denver, CO. vember’s Presidential elections before pital. We had bonuses being paid to em- Then we dealt with many other pro- we will know which party will win. We ployees who had not performed. We had grams, such as homelessness and care- need to have this conversation now medical services that weren’t available giver benefits to our veterans’ care- precisely because we don’t know which to veterans who had earned them and givers, to see to it we have the very party will win. deserved them. As a Senate, we came best care possible available. Let me be realistic for a minute. I together in the Senate Veterans’ Af- Then we changed the paradigm. The hope it is not pessimistic, but I will be fairs Committee, which I chair. We had VA had so many acting appointees and realistic. I actually don’t think there is a bipartisan effort to see to it we ad- so many unfilled positions that they much will in this body to do things like dressed those problems. couldn’t function as well as they recovering the power of the purse. And So for just a second I want everyone should. So we went in, and we approved even if there were, the will to get be- to pause and realize what we have done Dr. David Shulkin to be the under sec- yond R’s and D’s, shirts and skins Ka- bipartisanly and collectively for those retary for medicine. We took LaVerne buki theatre, as we drift toward a par- who have served our country and the Council and approved her to be the liamentary system with ‘‘winners take veterans today. head of information technology. We all’’ in the executive branch—the ac- No. 1, by the end of January, we had took former Congressman Michael tual act of trying to recover power, the passed the Clay Hunt Suicide Preven- Michaud and made him the Assistant power of the purse and the legislative tion for American Veterans Act to deal Secretary of Labor for Veterans’ Em- powers that the Constitution vests in with the growing problem of suicide ployment and Training. We put highly this body—would be very difficult at a with our veterans. It is already work- qualified people who knew what they time when the public is so cynical and ing with more psychiatric help avail- were doing in positions where we had so disengaged because of how dysfunc- able to our veterans, quicker responses vacancies. We are already seeing a ben- tional this institution is. for those who seek mental help, better efit in health delivery services, plan- I think that the Democrats are likely diagnosis of PTSD and TBI, and a re- ning for IT coordination, and, hope- only to recover a sense of their article duction in the rate of the suicides that fully, interoperability between the De- I powers if they are looking at a Presi- take place in the veterans community. partment of Veterans Affairs and the dent Trump or a President X or a That was affirmative action. It passed Department of Defense in terms of President Y or whoever the scariest 99 to 0—Republicans and Democrats— medical records, which is so important. candidate might be to the Democrats. in the Senate of the United States. But we also did something else. We Similarly, I think the Republicans We took the veterans choice bill, said we are no longer going to tolerate are most likely prone to forget most of which had passed in August of last scandals in the VA or look the other their concerns about Executive over- year, and made it work better for the way, and we are not going to pay re- reach if a Republican does defeat Sec- veterans of our country. In the first 9 wards and bonuses to people who aren’t retary Clinton in November. months of this year, the Veterans Ad- doing the job. As you heard earlier I will just end with two brief stories. ministration fulfilled 7.5 million more today with Senator CASSIDY from Lou- In the first, FDR was frustrated with individual appointments for veterans isiana and Senator AYOTTE from New the Supreme Court, so he had a solu- and benefits than they had in the pre- Hampshire, with the help of Senator tion. He would just pack the Court. ceding year, all because we made the SHERROD BROWN of Ohio, we are going Who could stop him? He had control of to pass legislation that is going to hold the Congress, after all. private sector a part of the VA and al- Well, someone did stop him—Senate lowed veterans to go to the doctor of VA employees accountable, have a Democrats who cared about the Con- their choice under certain qualified sit- record if they are not performing, and stitution and their oath stepped up. uations. We made access easier, we in the future prevent any Veterans Ad- In one of the other great instances of made access better, and because of ministration employee who is not this place just saying no, regardless of that, we made health care better. doing a job from getting a bonus for a party, LBJ—arguably the most power- Then we addressed the Denver crisis, job that is not well done. That is the ful leader until the last 10 years in the and this is the most important thing of way it works in the private sector. It history of the Senate, the most power- all. In January we got this little note ought to be the way it works in the ful leader this place had ever known in from the VA that they had a $1.3 bil- government. his age—became VP and said he would lion cost overrun on a $1.7 billion hos- Then we took another problem. We essentially remain majority leader of pital, a 328-percent increase in cost took the problem of the scandal in the the Senate at the same time. Again, it with no promise that it would go down. VA relocation benefits, which cost hun- was Democrats in this body who said Ranking Member BLUMENTHAL, my- dreds of thousands of lost revenue to no based on their constitutional re- self, and the Colorado delegation flew the VA—funds that were given to VA sponsibilities, not their partisanship. to Denver and brought in the contrac- people for transferring, some of them These were men and women who cared tors and the VA. We made significant within the same geographic area where more about their country and more changes. First we took the VA out of they originally were working. We told about their Constitution and more the construction business. They had Secretary McDonald: You need to go in about their oaths than their party. proven they didn’t deserve the ability there, and you need to clean this thing I think that all of us in both parties to manage that much money or to up. To his credit, the Secretary did, should look to those examples and build things. Their job was to deliver and to his credit, the former brigadier again be talking in the future about health care. general who was the head of that de- how we emulate them and recover the We took the construction and put it partment retired. He resigned from the responsibilities of this body. in the hands of the Corps of Engineers, VA rather than face the music in terms The PRESIDING OFFICER. The Sen- where construction and engineering of the investigation. ator from Georgia. was responsible. We told the VA: You But we took affirmative action to see f may have a $1.385 billion cost overrun, to it we would have no more scandals. but if you are going to pay for it, we We want zero tolerance for poor per- SUPPORTING OUR VETERANS are not going to borrow from China. formance, and we want to reward good Mr. ISAKSON. Mr. President, I think You are going to find it internally in performance, but that is the way it it is important that we pause for a mo- the $71 billion budget of the Veterans needs to be. It is very important also ment at the end of 2015, look back upon Administration. And they did. to understand that we have goals for the past 12 months and, in particular, By unanimous consent this Senate the future. We are going to continue as look at the Veterans Administration and the House of Representatives ap- a committee with the VA leadership on and the veterans who have served our proved the completion of that hospital, a quarterly basis. Senator BLUMENTHAL country, looking at the problems that the funding of the shortfall, and the and I go to meet with the leadership of we have solved and the things we have management takeover by the Corps of the VA to see what they are doing and done to better improve those services. Engineers. Today it is on progress to be to share with them the frustration we

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.081 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8780 CONGRESSIONAL RECORD — SENATE December 17, 2015 have in the House and the Senate EXTENSION OF MORNING with just the House; it has to be in the about things that aren’t going right, BUSINESS Senate also. but to share with them the joy we have Mr. INHOFE. Mr. President, I ask So I think we need to look at that. I with the things that they are doing to unanimous consent that the Senate be don’t like the idea of a situation where improve. in a period of morning business, with we are faced with a ‘‘take it or leave Then we have set goals for next year, Senators permitted to speak therein it’’ deal at the end of the year. That a full implementation of the Veterans for up to 10 minutes each. doesn’t really allow us to offer amend- Choice Program and a consolidation of The PRESIDING OFFICER. Without ments. It is done behind closed doors all veterans’ benefits and VA benefits objection, it is so ordered. by a limited number of people. This is to see to it that veterans get timely Mr. INHOFE. Mr. President, I ask not right. This is not the way it is sup- appointments and good-quality serv- unanimous consent that at the conclu- posed to be. ices from the physicians in the VA or I would just say there is a way out. I sion of my remarks, we have joint re- physicians in their communities. am going to suggest that this should be marks from myself and the Senator We are going to improve the experi- the last time we should have to do this. from New Mexico, Mr. UDALL. ence of our servicemembers in If we had a system where we could re- The PRESIDING OFFICER. Without transitioning from Active Duty to Vet- form it and have it so you could make objection, it is so ordered. erans Affairs. Quite frankly, today that an exception to some of the motions to is the biggest problem we have in the f proceed for appropriations bills, then country. Active-Duty servicemembers OMNIBUS LEGISLATION we would be able to go ahead and get who leave service and go to veteran this done. That is the simple solution. status fall into a black hole. There is Mr. INHOFE. Mr. President, I will That is what I would recommend. How- no interoperability of VA and DOD not go into the detail I was planning to ever, there is a lot more detail in that. health care records and electronic go into as to what we are faced with It happens that there is a committee records. There is no transition in the and what we are going to be voting on taking place right now in the Senate. handoff. We are going to see that tomorrow, but I think it is very impor- JAMES LANKFORD, my junior Senator change. tant—because I have heard a lot of er- from Oklahoma, CORY GARDNER, LAMAR We are going to improve the experi- roneous things coming out of various ALEXANDER, and I think two other Sen- ence of women veterans, including pro- talk radio shows and elsewhere—as to ators are looking to propose rule tecting victims of military sexual trau- how we got into the mess we are in changes, and I think it is overdue. ma. where we are going to be looking at a I want to mention one other thing We are going to combat veteran major spending bill instead of the nor- too. I said back in 2006 that I would homelessness and meet the goal of the mal way of doing things. never vote for another omnibus bill President to get it to zero. We have al- Historically, in both the House and like the one we are preparing to vote ready reduced it by a third. the Senate, the order has been to do an for. I said: That is the last one; I am We are going to ensure access to authorization bill, and that is followed mental health so no veteran who finds going to serve notice—thinking that if by an appropriations bill. That works enough people did this, we wouldn’t himself in trouble doesn’t have imme- out fine in the House. In the Senate, it diate access to counsel. On that point, find ourselves in this position. How- is not quite that easy because we have ever, we are still in this position. I commend the Veterans Administra- some rules in the Senate that allow the tion for the hotline. The suicide pre- The reason I am standing here today minority—whether that be Republican is to get on the record why I am going vention hotline that they established or Democratic—to object to a proce- has helped to save lives in this country to support this. Back when I had the dural basis. So it actually takes 60 highway bill, we were trying to put ad- this year, and we are going to continue votes, not 51 votes, to pass appropria- to see to it that we have more and ditional things on the highway bill. tions. This has created a real problem. One was to lift the ban on exports of oil more access for our veterans. I remember that on June 18, we Simply put, we are going to make the and gas, and we were not successful. So passed the Defense Authorization Act. Veterans Administration work for the at that time, I made the announce- Given that we are in a time of war, it veterans and work for the American ment—we had a couple of other people. We are going to have account- was incredibly important to provide chances, the last one being the omni- ability of the employees. We are going our Defense Department what in the bus spending bill. We got a commit- to reward good behavior, and we are regular course of business would be ap- ment that would be on that bill. So I not going to accept bad behavior. In propriated to it. However, we have been said at that time that if that is the the end, we are going to take the vet- trying to appropriate that since June case, if we end up lifting the ban on eran of America, who served his or her 18, and the minority has kept us from that bill, then I will change from my country, and make sure that they get doing that. I can say the same thing original 2006 commitment and I will every benefit that is promised to them about other appropriations bills, such vote for and support this. and that it is delivered in a high-qual- as Military Construction, Veterans Af- When we stop and think about what ity fashion. We are going to do it work- fairs, Energy and Water, and others. we are doing, does it make good policy ing together as Republicans and Demo- One might say: Why would they be that we in the United States can say to crats and as Members of the Senate to doing this? In the case of the appro- Russia and say to Iran, people who do so. priations bill for defense, it is very don’t look after our best interests: It is As we close this year, I wish to pause simple: The President and a lot of the all right for you to do that, but we in and thank the Members of the Senate Democrats want to make sure that as the United States cannot export oil. for their unanimous bipartisan support we are coming out with additional We have all the former Soviet Union for the significant changes we have spending to avoid sequestration, an countries. I went to Lithuania and par- made to address the problems of the equal amount be used for domestic pur- ticipated in an opening of a terminal Veterans Administration and to re- poses instead of military, where we there so they could get out from under member this season of the year in really have a crisis right now. this restriction. It was a joyous occa- Christmas the great gift we have had Let me say something about the sion. to all of us of our veterans who have House. This morning on a talk show, I In my State of Oklahoma, we have served us, many of whom have sac- heard everyone criticizing the House lost 20,000 jobs because since we have rificed and some of whom have died to and the new Speaker of the House. In had success in getting oil and gas out, see that America remains the strong- reality, they did their job over there. we have been encumbered by the fact est, most peaceful, and freest country That is a bum rap for those guys. They that we can’t export it. This has been a on the face of this Earth. passed their appropriations bills. They real hardship. I would say the most im- With that, I pause and yield back the passed them on the floor. They passed portant thing in this bill in terms of remainder of my time. appropriations bills on the floor. So my State would be that we are going to The PRESIDING OFFICER (Mr. they did what was supposed to be done. be able to correct that and we are SASSE). The Senator from Oklahoma. However, you can’t pass legislation going to be able to do that.

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.082 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8781 So with the changes that are being years, which will create more regu- that, and it passed out with a 15-to-5 made, I am looking forward to sup- latory certainty for American busi- vote, so a very significant vote in porting it. I certainly think we should nesses and uniform protections for terms of holding people together. all look and see what is in the best in- American families. I really give you a lot of credit for terest of the United States and should We have a real opportunity to enact the way you ran the committee, how be aware of the fact that what they are reform to a major environmental stat- gracious you were when Senator Lau- seeing out there in terms of the cost of ute. It is the result of over 3 years of tenberg’s widow, Bonnie Lautenberg, this bill is exactly the same cost as if work and negotiation, and I thank came down and spoke, and I wasn’t on we had done it the way we were sup- those responsible for spending count- the committee any longer, but how you posed to do it. If we add up the total less hours to produce this product. treated me and had me speak before number of appropriations that we Dimitri Karakitsos began working for the committee on the work we had passed out—all 12 appropriations—add me while I was ranking member, done. It has been a real pleasure. them up, and that is the same amount stayed with Ranking Member VITTER All those staff members you men- as this bill we will be voting on tomor- working on this bill, and then back tioned—from Dimitri, to Jonathan row. So that criticism is not a genuine with me as chairman of the committee. Black, to Drew Wallace, and all the criticism. He has shepherded the drafting and ne- other staff members of the large num- With that, I will move to another gotiation of this bill the entire time. ber of Senators on the committee— subject that I think is very significant, He is the guy in charge. I thank Jona- Senator CARPER, Senator WHITEHOUSE, and then I want to join with my friend than Black in Senator UDALL’s office Senator MERKLEY, Senator MARKEY, from New Mexico. as well as Andrew Wallace, who took Senator BOOKER—many Senators on f up the TSCA reform leadership fol- that committee focused in with you lowing Senator Lautenberg. I thank and with Senator VITTER to make sure TSCA MODERNIZATION ACT OF 2015 Zack Baig in Senator VITTER’s office, we got this done. Mr. INHOFE. Mr. President, I ask Colin Peppard with Senator CARPER, I am very proud of what we have unanimous consent that the Senate Michal Feedhoff in Senator MARKEY’s done today. I think it will be looked proceed to the consideration of Cal- office, Adam Zipkin in Senator BOOK- back on as a major environmental ac- endar No. 143, H.R. 2576. ER’s office, Adrian Deveny in Senator complishment in terms of bipartisan- The PRESIDING OFFICER. The MERKLEY’s office, and Emily Enderle ship and pulling people together. clerk will report the bill by title. with Senator WHITEHOUSE. Thanks to The thing we did that I am very The senior assistant legislative clerk all the staff. proud of is we had all stakeholders at read as follows: People don’t realize how much work the table and we listened to them and A bill (H.R. 2576) to modernize the Toxic the staff does. When we passed the we proceeded through. It is a real trib- Substances Control Act, and for other pur- Transportation reauthorization bill, it ute to Senator INHOFE’s ability as a poses. was hundreds and hundreds of hours. legislator. We don’t have to be con- There being no objection, the Senate This one, because of a technicality, has vinced on this bill. Just earlier in the proceeded to consider the bill. been held up for about a month and a year, he produced a transportation Mr. INHOFE. Mr. President, I ask half. That has been worked out, so I am bill—which was a major accomplish- unanimous consent that the Inhofe just pleased we are able to do it. I ment—for 5 years. So now once again substitute amendment, which is at the think that is a tribute to Frank Lau- Chairman INHOFE shows how he is able desk, be agreed to and that the bill, as tenberg and his wife Bonnie. I say to to pull people together and get this amended, be read a third time. my friend from New Mexico, I think done. The PRESIDING OFFICER. Is there Frank Lautenberg’s legacy has been So I once again just want to thank objection? fulfilled. you. I know there are additional com- Without objection, it is so ordered. Mr. UDALL. Mr. President, I couldn’t ments we will make later on. I know The amendment (No. 2932) in the na- agree with Chairman INHOFE more. I the Lautenberg family has followed ture of a substitute was agreed to. know he knew Senator Lautenberg this closely. Bonnie Lautenberg has (The amendment is printed in today’s very well and worked with him on the followed this. They are going to be RECORD under ‘‘Text of Amendments.’’) committee and off the committee on a very proud. The amendment was ordered to be variety of issues. He was very com- As you know, we are naming the leg- engrossed, and the bill to be read a mitted to his grandchildren. As Sen- islation after Frank Lautenberg. It is third time. ator INHOFE knows, many times we going to be called the Frank Lauten- The bill was read the third time. would see him in committee, and when berg Chemical Safety Act of 2015. So all Mr. INHOFE. I know of no further de- he would talk specifically about the of us who served with Frank Lauten- bate on this measure. bills before us, he would say: Is this berg are going to be very happy and The PRESIDING OFFICER. If there going to help my children and their proud that this significant major piece is no further debate, the bill having children? One of the things he talked of legislation will carry his name. been read the third time, the question about on this bill was that this would Mr. INHOFE. Mr. President, in re- is, Shall the bill pass? save more lives and help his grand- sponse, let me say that Senator UDALL The bill (H.R. 2576), as amended, was children’s generation more than any is far too generous to me, but I can as- passed. bill he ever worked on. So he was very sure you right now that Bonnie Lau- Mr. INHOFE. Mr. President, I ask proud of this bill, and we were very tenberg is watching this. We would not unanimous consent that the motion to sorry to lose him. have been able to do this if you had not reconsider be considered made and laid But the thing I want to say about provided the leadership in the Demo- upon the table. Chairman INHOFE is that as a dedicated crats. You kept bringing more and The PRESIDING OFFICER. Without and determined legislator, he saw the more people in, making modest objection, it is so ordered. opportunity. Senator VITTER and I had changes, and I was quite shocked at Mr. INHOFE. Mr. President, we had a worked on this. We came to Senator some that came in. But you and Bonnie very dear friend in Frank Lautenberg. INHOFE at the beginning of the Con- were the leaders. He was a Democrat; I am a Republican. gress and said: We have a good bipar- This bill is so significant to every I chaired the committee he served on, tisan piece of legislation we have manufacturer, everyone who does any and we had a very close relationship. worked on for a while. But you took kind of business. We will now finally The bill we just passed began with a the bull by the horns. You ended up get a handle on and be able to analyze meeting to gather stakeholders. It hap- helping us improve it. I think when we what chemicals are in the best interest pened in my office with Frank Lauten- started in the committee—when you of America and the best safety inter- berg. Senator VITTER and Senator marked it up earlier in the year in the ests of our people. I thank Senator UDALL—whom we will hear from in just Environment and Public Works Com- UDALL so much for his participation a moment—and their staff have put to- mittee, we had maybe one or two and bringing the group together. gether the first reform of TSCA in 40 Democrats supporting it. We expanded I yield the floor.

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.084 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8782 CONGRESSIONAL RECORD — SENATE December 17, 2015 The PRESIDING OFFICER. The Sen- Quds Force commander, General missile activities. As a matter of fact, ator from Alaska. Soleimani, from traveling. He actually the President in a press conference f traveled to Russia to meet with Mr. clearly stated that the prohibitions on Putin to talk about arms trade, in like- these activities were part of the nu- COMMENDING SENATOR INHOFE ly a violation of another security coun- clear agreement, when in July of this AND SENATOR ISAKSON cil resolution. year, after the signing of the agree- Mr. SULLIVAN. Mr. President, be- The Chairman of the Joint Chiefs of ment, President Obama stated: fore I talk about some of the issues I Staff recently said that up to 2,000 Ira- What I said to our negotiators was . . . want to raise this evening on the floor, nian troops are in Syria helping to let’s press for a longer extension of the arms I wish to make a quick comment about keep the Assad regime in power, work- embargo and the ballistic missile prohibi- having the opportunity to watch two ing with the Russians on that. tions. And we got that. We got five years in outstanding Members of this body: Something that we can never forget, which, under this new agreement, arms com- Senator INHOFE, whom I happen to sit probably the worst outrage that we ing in and out of Iran are prohibited, and we on the EPW Committee with—and all have seen, all since the signing of the got eight years for the respective ballistic missiles. the great work he has done this year, nuclear agreement a couple of months TSCA, the highway bill—and then ago, is that in a direct affront to the This is the President talking about watching Senator ISAKSON as well, United States and our citizens, Iran is his nuclear agreement. chairman of the Committee on Vet- still holding five Americans against To look at another tie between bal- erans’ Affairs. I have the honor of sit- their will. They took another Amer- listic missiles and the nuclear agree- ting on that committee. He just went ican hostage since the signing of this ment, you need to look at the U.N. Se- over the great work he has been lead- agreement. One of them is a marine. curity Council that implemented the ing on in terms of the Committee on One of them is a pastor. One of them is Iran nuclear deal. That is U.N. Secu- Veterans’ Affairs. a Washington Post reporter. They are rity Council Resolution 2231. That is It has been a real honor to sit and all fellow American citizens. replacing some of the other U.N. secu- watch Chairman INHOFE and Chairman As we prepare for the holidays, when rity council resolutions, and it is the ISAKSON, two amazing Members of this families come together, when friends legal framework for the nuclear deal body. As a new Senator, it has been a come together, the President and Sec- that this body debated and approved. privilege to be on both of the commit- retary Kerry should be working day Here is what U.N. Security Council tees and watch their work. It is a real and night on the phone, every instru- Resolution 2231 states: ‘‘Iran is called pleasure. Thank you. ment of American power, to try and re- upon not to undertake any activity re- lated to ballistic missiles designed to f lease these Americans, but that cer- tainly doesn’t seem to be happening. be capable of delivering nuclear weap- NUCLEAR AGREEMENT WITH IRAN All of this has taken place since the ons . . . until the date eight years after Mr. SULLIVAN. Mr. President, I signing of the agreement. All of this is the JCPOA adoption day.’’ know there is a lot going on today: the proof enough that the Iran nuclear deal Again, plain English of the connec- spending bill, the budget. They are certainly didn’t change Iran’s behavior tion. The U.N. Security Council Reso- very critical to our country. There is for the better. To the contrary, it is be- lution—that is the international certainly a lot of focus on that. A lot of coming increasingly clear that the framework for the nuclear deal—says: people are spending a lot of time, my- Obama administration’s deal with Iran no ballistic missile activity by Iran. self included, digging into that agree- has only emboldened Iran to take more Yet now we know in no uncertain ment, but the news yesterday on Iran provocative action against the United terms because our U.N. Ambassador, also deserves our attention. Reuters re- States, our citizens, and our allies. Ambassador Power, just stated that ported that Iran, according to the U.N. Iran’s leaders are testing us. It is this launch in October was what that Security Council panel of experts, vio- clear they are testing us right now. U.N. Security Council resolution said lated U.N. Security Council Resolution How we respond to these tests is crit- Iran couldn’t do. She said that launch 1929 when it tested a ballistic missile ical. As noted, Iran’s missile launches was inherently capable of delivering a capable of delivering a nuclear warhead on October 11 clearly violated U.N. Se- nuclear weapon. Those are a lot of U.N. in October. They said it was a violation curity Council Resolution 1921. The one Security Council resolutions. That is a of a U.N. Security Council resolution. on November 21 likely did as well. lot of activity. They are looking at—and it is probably What does this mean? What does this Where does that leave us with regard likely, what you see here—the Iranians mean for the current Iran nuclear deal to the Iran nuclear deal? It is obviously also launched another ballistic missile that was recently signed? What are the clear that Iran just violated U.N. Secu- in November. That is also another like- implications on moving forward with rity Council Resolution 1929. That has ly violation of a U.N. Security Council that deal? What are the implications of already been stated by the panel of ex- resolution. this activity on moving forward with perts, by Ambassador Power, and the I made some remarks on the floor a that deal? language of the U.N. Security Council few days ago about Iran and about the I believe a strong argument can be Resolution 2231—the implementation of nuclear deal. I reminded my colleagues made that these actions by Iran mean the U.N. resolution of the Iranian U.N. that one of the selling points by the they are already violating the spirit deal. President and by Secretary Kerry and the intent of the nuclear agree- This is what I mean when I say that about this deal was they were making ment that this body just voted on a few Iran is already violating the spirit and the case that it was likely to improve months ago—already. the intent of the Iran nuclear deal. The Iran’s behavior: bring them into the Former Secretary of State and deal that this body debated a couple of community of nations, get them to be- former U.S. Senator Hillary Clinton ac- months ago is already being violated have more like a normal country and tually predicted this just last week by the Iranians. not the world’s largest sponsor of ter- when she stated: They are going to vio- What should we do? Some of us have rorism, which it currently is. late it. They are going to violate the already taken action. Thirty-five Mem- Since the signing of the nuclear deal, nuclear agreement, and when they do, bers of this body yesterday sent a let- which we debated on this floor, Iran’s we need to respond quickly and very ter to the President—written by my behavior has only gotten worse. Exam- harshly. colleague from New Hampshire, Sen- ples are very numerous. Leaders of the That was the former Secretary of ator AYOTTE—and it said basically: Mr. country continue to hold rallies, chant- State, former Member of this body. I President, given these ballistic missile ing: ‘‘Death to America,’’ ‘‘Death to think Secretary Clinton was right on activities, given that Iran is violating Israel.’’ Iran continues to fund this. U.N. Security Council resolutions that Hezbollah—one of its terrorist proxies President Obama himself indicated relate to the nuclear agreement, you around the world—hundreds of millions that there is definitely a tie between should not be lifting sanctions. of dollars. It violated U.N. Security the Iranian nuclear deal from his ad- The Obama administration is talking Council resolutions that prevent the ministration and Iran’s use of ballistic about lifting sanctions as part of the

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.086 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8783 nuclear agreement as early as next of dollars. The President needs to do place with evolving threats, both new month—tens of billions of dollars to that now. and old. The reality is we are facing the world’s largest terrorist regime— I yield the floor. skilled, determined enemies that would sanctions are going to be lifted to I suggest the absence of a quorum. just as soon strike at us as they would allow them to continue their provoca- The PRESIDING OFFICER. The take a breath. They clearly do not tive activities against the United clerk will call the roll. share the same view on humanity, nor States, our allies, and our citizens. The senior assistant legislative clerk the value of life, as we do. This envi- What we are saying, one-third of the proceeded to call the roll. ronment demands the flexibility, agil- Members of this body, is that we Mr. MCCONNELL. Mr. President, I ity and lethality that only our United shouldn’t be doing that. The President ask unanimous consent that the order States Military can provide. should heed the advice of Senator for the quorum call be rescinded. From the first shots that signaled AYOTTE’s letter. Additionally, I think a The PRESIDING OFFICER (Mr. SUL- the birth of our country, men at arms strong argument—and people need to LIVAN). Without objection, it is so or- have served as an instrument of state, look at this issue—that can be made dered. and their strength, as individuals and about Iran’s recent behavior is that we f as a force, have enabled and secured cannot lift these sanctions pursuant to both victory and peace. Today, the MAINTAINING AMERICA’S presence of United States Forces, con- the terms of the nuclear deal. The nu- DEFENSE clear agreement that was debated in trolling the battle space, conducting this body states that before sanctions Mr. HATCH. Mr. President, today I strike operations with the ability to are lifted on implementation day, Iran wish to pay tribute to a man who has see but remain unseen, to dominate the must be in accord with U.N. Security dutifully served our Nation as a public land, sea, and air, to rain fire and de- struction, provide clarity to all those Council Resolution 2231, which among servant for more than 30 years—Mr. that contemplate harm to us or our in- other things calls upon Iran not to un- John B. Johns. John will retire from terests. That aggression will not be tol- dertake activity related to ballistic his role as the Deputy Assistant Sec- erated. But, as you know, we have not missiles capable of delivering nuclear retary of Defense for Maintenance Pol- icy and Programs at the end of this always acted properly, nor responded weapons. with appropriate speed, to events in Do you see how they are related? The year. We will miss his leadership, his the world that have demanded our at- nuclear agreement that this body tenacity in tackling the impossible, tention. We make many mistakes, and agreed to, the implementation plan of and his courage in the face of adver- it is true we are slow to anger. But, the nuclear agreement, paragraph 34(3) sity. once our limit has been breached and says that Iran has to be in accord with I have had the privilege of knowing restraint abandoned, there is nothing this provision in order for sanctions to John for several years and have always been amazed at his commitment to our on this planet, nor has there ever been, be lifted. like the hell unleashed from coiled fury Iran is not in accord with this provi- country and his devotion to our mili- tary. In his current role, he is respon- of the United States Military. sion. The U.N. has said that. Ambas- You should all be proud of the role sador Power said that. The bottom line sible for the oversight of the Depart- ment of Defense’s maintenance pro- you play in maintaining that capa- is, if Iran is already violating this U.N. bility—most recently, maintaining gram that exceeds an annual budget of Security Council resolution, then readiness of our forces over a decade of $80 billion. During his distinguished ca- under paragraph 34(3) of the implemen- continuous combat, in two complex reer, John has been deployed twice— tation plan of the nuclear deal by the theaters, in unforgiving environments, first to Iraq in 2010, where he served as Obama administration, sanctions while maintaining a credible presence the director of the training and advi- shouldn’t be lifted. throughout the rest of the world. You sory mission and the director of logis- Here is how the President put it when enabled this, and for that, you should tics for the Iraqi Security Forces; and he was selling the deal. ‘‘If Iran vio- be proud. All of you in this room know second to Afghanistan in 2013, where he lates this deal, the sanctions we im- a ship not ready to sail, or an aircraft posed that have helped cripple the Ira- served as the executive director of Af- not ready to fly, has no value. And, nian economy—the sanctions that ghan National Security Forces since we have had the need for weap- helped make this deal possible—would Sustainment for the International Se- ons, we have had the need for those snap back into place promptly.’’ curity Assistance Force. that maintain them. This eternal bond I agree that is what we should be One of John’s primary duties in his is a covenant, a sacred promise, be- doing, but here is the key point. The current position is to host the annual tween those that generate readiness President doesn’t need to wait for the Department of Defense Maintenance and those that apply it, and we seal sanctions to snap back. He can and he Symposium that recognizes excellence this covenant with a commitment to should take action now, before it is too in maintenance activities within the excellence. All of you in this room, and late, before billions of dollars flood Armed Services and the Coast Guard. those you represent, should be right- into Iran—the world’s largest state During this event, the Department rec- fully proud, an embodiment of this cov- sponsor of terrorism. ognizes leaders and organizations for enant and commitment, reminding any That is why over one-third of the the superior service they render to pro- who mistakenly underestimate the Members of this body wrote the Presi- mote the readiness of the U.S. mili- power and will of our United States dent yesterday. I urge my colleagues— tary. I wanted to read the remarks that Military that we are capable of strik- particularly my colleagues on the John offered at this year’s symposium ing with speed and violence. other side of the aisle who I know are last week. The title of John’s address is So where, then, should we expect the concerned about these issues because I ‘‘Maintaining America’s Defense.’’ His approach of danger; what will be its or- have had discussions with a number of words are as follows: igin? I suggest our greatest enemy, our them—that they should be writing the ‘‘For seven years this community has greatest threat, is not Russia; our President as well. They should be tell- been very kind to me; you have been greatest enemy is not ISIS, ISIL, ing the President the same thing: Mr. gracious and patient as I spoke from DEASH, or whatever we are calling President, Iran is violating the agree- this stage. I now ask you to indulge me them now; it’s not China, it’s not ment; don’t lift the sanctions. He can one last time as I speak of maintaining North Korea, and it’s certainly not cli- and should act now. America’s defense. mate change. Yes, of course, they are The President should not lift sanc- Brave warriors have fought and died, all threats; I would never say they’re tions against Iran. He needs to go back and their brothers and sisters stand not. But they are born of something and reread his own nuclear agreement, watch today, in harm’s way, to both se- much more fundamental. I suggest our and he needs to heed the advice of his cure and maintain peace, to deter and greatest threat is the dangerous mix of former Secretary of State to ‘‘act defeat forces that are committed to a mediocrity, poor judgment, and toler- quickly and harshly against Iran’’ future fundamentally different than ance—here, on our ground. when it violates the agreement by not the one you and I envision. The world In his Lyceum address, Lincoln said, allowing them access to tens of billions is a complex, dangerous, and unstable ‘Shall we expect some transatlantic

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.087 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8784 CONGRESSIONAL RECORD — SENATE December 17, 2015 military giant to step the ocean and For this I refer to four words used so Now, I could say, let’s just all work it crush us at a blow? Never! All the ar- well by John F. Kennedy in a speech to out. Let’s bring everybody together on mies of Europe, Asia, and Africa com- the Massachusetts State Legislature any infinite number of problems, con- bined, with all the treasure of the one month before he was inaugurated flicts, disagreements, and just work earth in their military chest, with a as President of the United States. He through them. How simple that sounds. Bonaparte for a commander, could not said, ‘When the High Court of History Surely that would work. But haven’t by force, take a drink from the Ohio or sits in judgment of us all, no matter we tried that before? How many times make a track on the Blue Ridge, in a our station, our success or failure, will have we tried that before? And, yet, trial of a thousand years. At what be measured by the answer to four here we are still facing some of the point then is the approach of danger to questions. Were we truly men of honor? most vexing problems we have ever be expected? I answer—If it ever reach Were we truly men of judgment? Were faced. In fact, at times it seems that us, it must spring up amongst us; it we truly men of courage? And, were we we are reliving some things we thought cannot come from abroad. If destruc- truly men of determination?’ we had solved, only to see them re- tion be our lot, we must ourselves be Honor—to do the right thing and emerge. Among many questions we its author, and finisher. As a nation of treat others with respect. Judgment— must ask—why has it taken over a dec- freemen, we must live through all to see the future and the path to get ade to develop the sustainment strat- time, or die by suicide.’ there. Courage—to take action and egy for our new strike fighter, figure Our greatest enemy is the dangerous speak the truth. Determination—to out the basic rules that govern a global mix of tolerance and mediocrity—me- produce required results and finish spares pool, and appropriately budget diocrity fueled by those lacking honor, what we start. These are the words to stand up supporting depot mainte- judgment, courage and determination, that define greatness; words that serve nance capability? Why, after diligent and the tyranny of tolerance charac- as our test that guide our every collaboration and full transparency, terized by slumbering apathy, a com- thought, our every decision, our every could the Department, Industry, and fortable denial of reality, and para- action; words that should determine Congress, with all our might, find our- lyzing bureaucracy. This toxic mix, who we consider friends with whom we selves incapable of passing common- this deadly combination, creates or surround ourselves and how we choose sense revisions to the depot mainte- fuels all other threats, allowing what leaders; words that should fill both our nance-related statutes that would have would be a simple challenge to evolve minds and our hearts. And where we benefited all of us? Why, after over half into danger. Our enemies demand fall on the scale defined by these words a decade and endless debate, could we greatness of us; our partners in the will determine not only our success or not implement an enterprise, perform- world, to which we have made commit- failure as individuals but also our con- ance-based approach integrating a col- ments, demand greatness of us; our sol- tribution to our organizations, our lection of individually executed con- diers, sailors, airmen, marines, coast- country, and the world. Where we fall tracts across the Military Departments guardsmen demand greatness of us; on this scale will determine our legacy. that would have offered greatly im- those that have made the ultimate sac- There is much at stake and we can- proved supply availability and reduced rifice demand greatness of us. And we not afford to aspire to anything less should demand it from ourselves. But, cost? Why have we seen nearly a dec- than greatness. And we should remem- absent clear and present danger, we ap- ade-long decline in naval aviation read- ber our actions, or inaction, affect the proach greatness hesitantly and ineffi- iness with misleading and confusing ex- strength of our military, the posture of ciently, only when compelled, oper- planations for root causes and correc- our country, and the security of the ating at the edge of greatness, at risk tive actions, from denial that there world. I would not be speaking to you of losing it. even is a problem to the use of false We have many examples of those who this way if they did not, if somehow narratives underlying recovery strate- have achieved greatness. Some we will the world spun on, immune to our gies? Why, after a completely inte- recognize tonight just as we have in words and behavior, but that is not the grated, multi-service team approach, the past. And we should continue to case. Every day we send soldiers, ma- taking nearly half a decade, can we not recognize those that rise above and rines, sailors, airmen, and coastguards- make a much-needed unmanned air achieve truly uncommon things, but men into harm’s way. We send them to system software depot source of repair contemplate that word ‘‘uncommon.’’ defeat an enemy that tests the will of assignment? And why, after a decade It means some stand on the pinnacle of our United States Military. We send long effort to develop the capability true greatness and others do not. As them to provide aid and comfort to and capacity of the Iraqi and Afghan hard as that is to accept, we all know those in need, and we send them to ma- Security Forces, have we seen the near it to be true, and the slope to that pin- ture foreign security forces and govern- complete disintegration of those forces nacle of greatness is steep. Many never ments struggling to shape their own in Iraq and Afghanistan, defying all make it to the top, and many can’t find destiny. In executing these missions comprehension, a failed supply system, a way to stay there. It takes much to they not only secure our liberty but and a dysfunctional maintenance strat- climb and takes even more to remain also serve as the single greatest symbol egy that violates all reasonable logic? there. Those that stand at the top, of liberty in the world. Collectively, How is this possible? Why do we tol- however, are those that change the they are the most capable force that erate this? Some may think my world. They set an uncommon path to has ever existed. Every day they signal thoughts lack sophistication or I sim- achieve uncommon things, and we see to a world at war that both the hand of ply don’t understand. I’ll acknowledge this greatness through their achieve- compassion and the sword of justice ex- that we face complex situations, but I ments and their character. tend across the world. assure you, I understand all too well. But let’s be careful because they are There is great honor in this, and The fact is we tolerate too much. We not the only ones with claims on the many have worn that badge. Many of tolerate mediocrity or even incom- future. Those at the bottom, and even those are still with us, but too many petence. We tolerate lies and half- those that occupy the middle ground, are not, having paid the ultimate price, truths. We tolerate irresponsible self- can also claim this power to change the made the ultimate sacrifice in the interest. We tolerate political expedi- world but, clearly, not in the same way service of our country. But, after all we ency. We tolerate any other innumer- as we desire. So what differentiates have done and the price we have paid, able demonstrations of misbehavior. those that carry the banner of great- the world remains a chaotic, complex, But let’s not confuse tolerance with ness? What allows those to scale that and dangerous place. To see this all much needed compassion, empathy, slope to the peak of performance? What you have to do is pay even a little at- and flexibility. Certainly, we need to robs those at the bottom from the abil- tention to the situations in Iraq, Syria, see other perspectives and accept alter- ity to climb? What defines the middle Iran, Afghanistan, Russia, Ukraine, native paths. And we know empathy ground of mediocrity? What do we need Western Pacific, Nigeria, Libya, in our and flexibility are key ingredients in to know about standing on the pin- board rooms, on our production floors, collaboration, but that doesn’t mean nacle? And how do we avoid a fall from in our class rooms, on our televisions, we need to tolerate things that are fun- greatness? and in our governments. damentally wrong, things that will

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.007 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8785 lead us down the path to ruin. I see no just wish it into being. There is a courage, and determination. And what honor in this, no judgment, no courage. science to collaboration and we must is left for me to do now is simply say In these cases, we must have abso- be well practiced at it. In fact, we thank you. Thank you to those that se- lutely no tolerance—no tolerance for should all be experts because we must cure our freedom, no matter their posi- incompetence, no tolerance for those accept the simple fact that no truly tion. Thank you to those for which I without integrity, and no tolerance for great thing is achievable without oth- have great admiration and to which I self-interest that overrides the greater ers. No great accomplishment was, or will always be in debt.’’ good. And, just to be clear, this is pure- ever will be, possible without collabo- John’s speech is a lesson to us all. I ly and simply an issue of leadership. rative effort. In fact, the more complex personally will strive to answer the Some may not see it. And some may be a thing, the more challenges we face, call and live up to the virtues he misled, burdened with the inability to the more disciplines are involved, the praises: honor, judgment, courage, and differentiate between true leadership more integration is required, and the determination. As I stated in a video and those impersonating leaders. But more collaboration is demanded. It is message to this year’s symposium those that are tired of political cor- time for collaboration based on re- attendees, I count myself fortunate and rectness, the endless pursuit of con- spect—respect for well-argued posi- blessed to call John a friend and wish sensus, unprofessional behavior, and tions, respect for expertise, respect for him continued success in his future en- paralyzing bureaucracy, they under- remarkable performance. It is time for deavors. stand. collaboration rooted in both art and Thank you. And those that expect vision, those science. It is time to put in place prin- that expect strategy, those that expect f ciples that bind us by covenants and executable plans, those that expect TRIBUTE TO JORDAN SMITH not just contracts or legal documents. fairness, honor, judgment, courage, de- It is time to evolve from practitioners Mr. MCCONNELL. Mr. President, termination from our leaders, they un- to experts and evangelists. today I wish to give tribute to a Ken- derstand. And we should certainly not There is clearly science in this, but tuckian who has become a local icon tolerate the behaviors of the few with science is not enough. We need the ‘art- and a national celebrity. Jordan Smith cavalier disregard of the facts, the few ist.’ We need the artist to apply the from Harlan, KY, has risen to fame that masquerade as leaders, and those principals of this science. Like any over the past few months for his as- that can’t recognize it or lack the will great piece of art, it is not simply a tounding performances throughout this to deal with it as they should, those collection of canvas and paint applied season of the television show The that are threatened by honesty and in the correct order. There is an ingre- Voice. He sang his way into the hearts candor that send the signal that this is dient that only the artist can provide, of Americans, and following his ren- ok and that even reward it. Tolerance an ingredient that differentiates a dition of Queen’s ‘‘Somebody to Love’’ here is insidious and dangerous. It common work from one that is uncom- on December 16, the show’s viewers doesn’t take many examples to poison mon. And what makes relationships so voted him to a first place win. a culture and affect generations. We I know I speak for my fellow Ken- cannot afford to let this happen. We difficult is that more than one person tuckians when I say we are so proud to cannot afford anything less than great- is painting on the canvas at the same have someone like Jordan representing ness. This is why I am speaking this time and, still, the result must look as our State. This proud Kentucky Wild- way. though only one artist held the brush. We must have the courage to recog- We need the artists; we need the lead- cat fan not only clinched a first place nize good performance, regardless of ers that know this and have the skill win in the competition, he also rose to whether it is politically correct, and to execute it. a No. 1 spot on iTunes for record sales, deal appropriately with bad perform- It is time, it is always the time, to beating out superstars like Adele. I ance. We must have the courage to carefully and ruthlessly choose these think we have so many talented indi- speak truth to those below us, around leaders—leaders that understand what viduals like Jordan in Kentucky, and I us, and above us. Ambiguity, half- I have just said; leaders that dem- am so glad that everyone else thinks truths, misleading messages, and lies onstrate extraordinary courage, honor, so, too. demonstrate poor judgment and lack of determination, and judgment; leaders A homecoming parade in Jordan’s courage. Tolerance of this, at best, cre- that understand how to nurture and honor is scheduled for Monday, Decem- ates inefficiency and weakness, and at protect innovation; leaders that under- ber 21, in his hometown. Kentucky is its worst, danger. We all should have stand and can enable collaboration. excited to welcome him home and even the judgment and courage to recognize For it will be only those leaders that more so to see what he will do with his this, call it for what it is, and dedicate will take us to new heights of perform- amazing talent in the future. I would ourselves to eliminating it. ance and to deeper connections be- like to congratulate Jordan Smith for In this moment we require leaders. tween all parties necessary to solve the all his success. I am certain we will be We require leaders that are capable of most complex problems of our time. It hearing much more from him in the seeing new patterns in complexity and will be only those leaders that will years to come. conflict and applying new methods to move us aggressively forward in the Mr. President, I ask unanimous con- achieve unconventional and uncommon right direction, intolerant of mis- sent that an article about Jordan’s his- outcomes. We need leaders at all levels behavior and relentless in the pursuit toric win from the Harlan Daily Enter- that have no tolerance for status quo of excellence. prise be printed in the RECORD. and mediocrity. We need leaders with For us, we see this as our duty. We There being no objection, the mate- competence and courage, with the abil- are determined to the produce results rial was ordered to be printed in the ity to learn and adapt quickly. We need that are required by our military and RECORD, as follows: leaders that are comfortable making our country—to fight and win on any [From the Harlan Daily Enterprise, Dec. 15, decisions and taking action in the face battlefield, of any kind, at any time. 2015] of significant ambiguity, unclear guid- The future is ours to shape. And make SMITH IS SEASON 9 VOICE WINNER ance, and near impossible timelines. no mistake, the high court of history (By Reina P. Cunningham) We need leaders that know how to gen- will hold each of us accountable with After months of show-stopping perform- erate both unity of command and unity the lives of those we send to stand on ances, Harlan native Jordan Smith has been of effort. It remains all our duty to rec- future battlefields. I ask you to con- announced as Season 9 winner of the hit re- ognize and contribute to the greater sider what I have just said. ality television show ‘The Voice,’ winning good. We must be able to understand In this job I have had the honor to $100,000 and a recording contract with Repub- the interests of others and exercise the see the work of patriots, those that lic Records. generate readiness for those that apply Going into the show, Smith was sitting flexibility and skill in accommodating pretty at the No. 1 spots on both ‘The Voice’ those interests while protecting our it, to support and serve beside those and the Top 100 iTunes charts with his most own. that stand in harm’s way, and to place recent single, ‘Mary Did You Know.’ Sitting And just because we can see the need coins in the hands of thousands that at the No. 1 spot is nothing new for the for collaboration doesn’t mean we can embody the words honor, judgment, young man who beat out national singing

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.007 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8786 CONGRESSIONAL RECORD — SENATE December 17, 2015 sensation Adele for the No. 1 spot on the Top Senate Republicans began the year and each has the support of their home 100 iTunes chart—he has entered most of the by filibustering the nomination of the State Senators. Traditionally, the Sen- results rounds in the same situation. Addi- first Black woman to be nominated for ate has confirmed such consensus tionally, going into the live results finale, the position of Attorney General of the nominees at the end of a session, but Smith held half of the top 10 spots on ‘The Republicans have repeatedly refused to Voice’ iTunes charts and had 10 singles rank- United States. No other Attorney Gen- ing on ‘The Voice’ chart—no easy feat con- eral nominee in our history has been do so during the Obama Presidency. sidering the criteria for doing so means the met with a filibuster. That did not stop This is the seventh year in a row that single must be ranked on the Top 200 iTunes Republicans from holding up Loretta Senate Republicans are rejecting the chart. Lynch’s nomination longer than the Senate’s practice of consenting to con- In addition to performing with former con- last seven Attorneys Generals com- firmation votes at the end of a session. testants from this season, Smith performed bined. Our Nation’s top law enforce- At the end of 2009, Senate Republicans with former Voice coach and world renowned ment official deserved better treat- left 10 judicial nominees on the Senate singer Usher on Tuesday night’s live results ment, but the fight to get her a con- floor without a vote. At the end of 2010 show. The duo sang Usher’s hit ‘Without firmation vote previewed how difficult and again in 2011, Senate Republicans You’ with the crowd screaming and cheering left 19 judicial nominees pending on throughout the performance as Smith show- it would be to get votes scheduled on cased his broad range. other crucial nominees. Republicans the calendar as they left town. In 2012, Throughout the show, Smith has remained have blocked confirmation votes for it was 11 judicial nominees, and in 2013, humble as the judges continue to remark on the people nominated to serve as Am- it was nine that Senate Republicans his flawless performances, citing his perfec- bassadors to some of our closest allies. left pending on the floor. Last year, tion and ability to connect with the audi- They have blocked consideration of Senate Republicans attempted to block ence. nominees who would help keep our 12 nominees on the floor in December. The judges are not the only ones raving country safe from terrorist threats, in- Fortunately, because Leader REID took about Smith. Fans are posting on social seriously the Senate’s duty to fill judi- media about how much the young artist has cluding a Treasury Department nomi- nee who would lead an office that in- cial vacancies and filed cloture on inspired them through his music. In addition those nominees, we were able to get to purchasing iTunes and making social vestigates terrorist financing. media posts, fans cannot get enough of By the end of this week, Senate Re- those nominees confirmed. In each of Smith’s performances. As of the finale show publicans will have also earned the du- the last 2 years of the George W. Bush on Tuesday, Smith’s YouTube performances bious distinction of matching the administration when Democrats were in the Senate majority, we confirmed on the show had an outstanding 55 million record for confirming the fewest an- views to date. all of President Bush’s judicial nomi- nual number of judicial nominees in Smith spoke about what the experience nees pending on the Executive Cal- more than half a century. Too many has meant to him in an interview that aired endar in December before we left for Americans who have sought justice in during the live finale. The young singer, who the year. Contrast that with this year our Federal courts this year have in- continuously stressed how important it is to when Senate Republicans are leaving 19 him to make it acceptable to be who you are, stead found delays and empty court- judicial nominees pending on the floor echoed those sentiments again during the rooms because of Senate Republicans’ interview, saying if he won the show it would as they head home. obstruction on judicial nominees. I am The Republicans’ double standard for prove it. concerned that Republicans’ treatment ‘‘You can be exactly who you are . . . to be President Obama’s nominees will force the winner of The Voice would just prove of our third branch risks politicizing it the Senate to spend time next year that,’’ said Smith. and diminishing the role that it was doing work that should have been com- Later in the show, the top 4 performers designed to play in our system of gov- pleted by now. For example, for the 19 were surprised with brand new vehicles— ernment. nominations Senate Republicans left in courtesy of the show’s partners, Nissan. For the first 6 years of President 2010 and again in 2011, it took nearly Smith chose the Nissan Altima and ex- Obama’s tenure in office, Senate Re- half the following year in each case for pressed his gratitude for the vehicle, saying publicans pulled out every stop to ob- he would not have to borrow his parents’ car the Senate to confirm these nominees. struct confirmations on judicial nomi- Perhaps Senate Republicans’ real in- anymore. nees—systematically filibustering Smith was the only remaining contestant tent is to just run out the clock on the on coach Adam Levine’s team and the coach nominees and abandoning the Senate’s Obama administration—but these was obviously thrilled for the young man tradition of confirming consensus judi- delays are not procedural abstractions who he says has inspired him throughout the cial nominees before long recesses. without real world consequences. For show. While I was hopeful they would change the judicial nominees who have already Smith will be making appearances on nu- course once they assumed the major- made a commitment to public service merous upcoming television shows as a re- ity, they have instead taken their ob- in the Federal judiciary, the obstruc- sult of the win. struction to unprecedented heights by tion means they must continue to wait A homecoming celebration is planned on virtually shutting down judicial con- Monday in Smith’s honor. A parade will and keep their professional lives on begin at 2:30 p.m. in downtown Harlan fol- firmations. hold wondering if the Senate will do its lowed by a program at 4 p.m. at the Harlan Over the course of the entire year, job. Center. Senate Republicans have allowed judi- The consequences for the judges cur- To continue following Smith, like his cial confirmation votes for only 11 rently serving in the Federal judiciary, Facebook page and follow him on Twitter. nominees. In stark contrast, when Sen- as well as the litigants seeking justice f ate Democrats were in the majority before them, are also very real. Senate during the seventh year of the Bush JUDICIAL NOMINATIONS Republicans’ treatment of judicial Presidency, we confirmed 40 judges nominations has resulted in a dramatic Mr. LEAHY. Mr. President, as we that year—more than triple the num- increase in judicial vacancies this year. close the book on the first session of ber of judges confirmed this year. The Since Republicans took over the ma- the 114th Congress, our attention is on Senate has a constitutional duty to jority in January, judicial vacancies the thousands of pages in the omnibus provide advice and consent on the have increased by more than 50 per- spending bill. But as the Republican President’s nominees. It is part of the cent—from 42 to 66. These vacancies leadership rushes to spin the press core duties we must fulfill as Senators, impact communities across America, about what the Senate has accom- and a fully functioning Federal judici- and it is doing the most harm to States plished in their 12 months in the ma- ary is dependent on us meeting this ob- with at least one Republican Senator. jority, there is one Senate responsi- ligation. Of the 66 current vacancies that exist, bility that should not get lost in the I have urged the Republican leaders 47 of them—or more than 70 percent— noise. That is our responsibility to to allow confirmation votes on the are in States with at least one Repub- equip our coequal branches of govern- uncontroversial judicial nominees be- lican Senator. ment, the Federal judiciary and the ex- fore the end of the year. We have 19 ju- Of critical concern is the fact that ju- ecutive branch, with the confirmed dicial nominees still pending on the dicial vacancies deemed to be ‘‘emer- public servants that both branches floor. Each of these nominees was voice gency’’ vacancies by the Administra- need to serve the American people. voted out of the Judiciary Committee, tive Office of the U.S. Courts have

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.029 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8787 more than doubled this year. These va- and the dramatic increase in emer- to judicial emergency vacancies. All cancies represent judicial districts gency vacancies—are the experiences have the support of their home State where caseloads are unmanageably of real people in our justice system— Senators, and all were voted out of the high, leading to lengthier delays for individuals and small businesses seek- Judiciary Committee by voice vote. parties before those courts; yet, as we ing justice in our Federal courts who The only reason all of these nominees leave for the year, 9 of the 19 nominees end up waiting for years for overbur- could not be confirmed this week is pending on the floor that Senate Re- dened courts to hear their claims. that Senate Republicans would not publicans refuse to confirm are judicial The national press, including the allow it. emergency vacancies in Pennsylvania, Wall Street Journal and the Associated While there is no reason not to hold Tennessee, Minnesota, New Jersey, Press, has highlighted the devastating votes on these nominees today, I am Iowa, New York, and California. effects of the high number of judicial glad that Republicans have consented In addition to the article III nomi- vacancies. The Wall Street Journal to a bipartisan plan to confirm five nees, there are five nominees to the interviewed one of the Federal judges well-qualified judicial nominees in the U.S. Court of Federal Claims who were in a California district where a judge- 5-week period after we return in the nominated well over a year ago. Each ship went unfilled for almost 3 years. new year. Because of this agreement, of these nominees was unanimously Judge Lawrence J. O’Neill said, ‘‘Over the Senate will be on pace in the first voice voted out of Committee last year the years I’ve received several letters 2 months of next year to confirm al- and again this year. The Court of Fed- from people indicating, ‘Even if I win most half the number of nominees it eral Claims has been referred to as the this case now, my business has failed took us this entire year to confirm. ‘‘keeper of the nation’s conscience’’ because of the delay. How is this jus- Under the agreement, the Senate will and ‘‘the People’s Court’’ because it al- tice?’ And the simple answer, which I hold confirmation votes for Judge lows citizens with claims against the cannot give them, is this: It is not jus- Restrepo as well as four district court government to promptly seek justice. tice. We know it.’’ nominees: Justice Wilhelmina Wright It is critically important that we con- Senate Republicans’ obstruction on to the district of Minnesota; John firm the five pending nominees to this judicial nominees has also had another Vazquez to the district of New Jersey; court. However, they continue to be effect; it has halted the enormous Judge Rebecca Ebinger to the southern blocked by a single Republican Sen- progress needed in making the Federal district of Iowa; and Judge Leonard ator—the junior Senator of Arkansas. judiciary better reflect the citizenry it Strand to the northern district of Iowa. Senator COTTON claims to have con- serves. This progress increases public Four of these nominees are nominated cerns that the court’s caseload is not confidence in our justice system. I am to fill emergency vacancies, and three high enough and that the court should proud of the fact that there are more are nominees of color. This agreement simply depend on senior judges coming women and minorities than ever before allows for good progress that the Sen- out of retirement to hear cases. A re- serving on our Federal bench. ate must continue to build on, so that cent letter to the committee from the Yet, as we conclude this session, the we reduce judicial vacancies to ensure chief judge of the Court of Federal Senate is leaving several nominees of that Americans can seek timely justice Claims, however, indicates that only color with outstanding qualifications in our courts. one of the nine senior judges is willing on the floor without votes. This in- Federal judges serve an essential role to be recalled for full-time duty and cludes Judge Luis Felipe Restrepo, who in communities across the Nation. In 2 the other three would only agree to be was nominated to a judicial emergency weeks, the Chief Justice of the United recalled on a limited basis. Further- vacancy in the third circuit well over a States will issue his end-of-year report. more, the court’s overall caseload has year ago. When he is eventually con- His predecessor often noted in such re- increased by 9 percent over the last firmed, he will be the first Hispanic ports the impact of unfilled judicial va- year. No member of the Judiciary Com- judge from Pennsylvania on the third cancies on the functioning of the third mittee raised caseload concerns when circuit. Judge Restrepo has the strong branch. I hope that such a core re- these nominees were unanimously ap- support of the Hispanic National Bar source matter will again be addressed proved by voice vote last year or again Association and has bipartisan support in the upcoming report because the Re- this year. There is no good reason for from his home State Senators, Senator publican majority’s treatment of nomi- Senator COTTON to deprive Americans TOOMEY and Senator CASEY. Senator nations this past year has been an his- across the country of a fully func- TOOMEY has said not only that he toric disappointment. tioning Court of Federal Claims by strongly supports Judge Restrepo’s I hope that, in the new year, the Sen- blocking the five highly qualified confirmation, but that he also rec- ate will make progress on the judicial nominees from receiving an up-or-down ommended him to the President. De- nominees pending in the Judiciary vote. These nominees include Armando spite this overwhelming support for his Committee as well as on additional Bonilla, a Cuban American who has de- nomination and the emergency va- nominees that we receive from the voted his entire career to public serv- cancy that needs to be filled urgently, President. I was glad to hear the ma- ice at the U.S. Department of Justice; Republican leadership recently skipped jority leader’s remarks this week that Jeri Somers, an African-American over Judge Restrepo on the Executive he does not believe there should be a woman who spent over two decades Calendar to confirm a district court cutoff point for confirming qualified serving as a judge advocate general and nominee from Tennessee for a non- judicial nominees in an election year. as a military judge; and several others emergency judgeship. The majority leader has been con- who would contribute to our justice In addition to Judge Restrepo, Sen- sistent on this view, and I commend system. As these nominees approach ate Republicans are adjourning for the him for it. In July 2008, the Senate Re- the 2-year mark of waiting for the Sen- year with four exceptional African- publican caucus held a hearing solely ate to take up their confirmations, I American district court nominees and dedicated to arguing that the Thur- urge Senator COTTON to consider these an exceptional Hispanic district court mond rule does not exist. At that hear- well-qualified nominees on their mer- nominee held up on the floor. Two of ing, the senior Senator from Kentucky its. the African-American nominees—Wa- stated: ‘‘I think it’s clear that there is I have heard some suggest that Re- verly Crenshaw and Edward Stanton— no Thurmond Rule. And I think the publicans’ glacial pace on judicial con- have been nominated to district court facts demonstrate that.’’ Similarly, the firmations is political retribution for positions in Tennessee. Both have the Senator from Iowa, my friend who is the change to Senate rules regarding support of their home State Republican now serving as chairman of the Judici- nominations. This obstruction, how- Senators and were unanimously ap- ary Committee, stated at that hearing ever, does not hurt U.S. Senators—it proved by the Judiciary Committee by that the Thurmond rule was in his view hurts the American people. Behind the voice vote. The three other nominees of ‘‘plain bunk.’’ He said: ‘‘The reality is statistics on Republican obstruction— color—Justice Wilhelmina Wright to that the Senate has never stopped con- the number of nominees languishing the District of Minnesota and John firming judicial nominees during the without votes on the Senate floor, the Vazquez and Julien Neals to the Dis- last few months of a president’s term.’’ rising number of judicial vacancies, trict of New Jersey—are all nominated That was certainly the case when

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.071 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8788 CONGRESSIONAL RECORD — SENATE December 17, 2015 Democrats were in the majority in the Americans cannot let themselves be to concentration camps in the deserts and last 2 years of the George W. Bush ad- coerced by the politics of fear today. If swamplands of the Southwest. There, they ministration. I served as chairman of we do, then the terrorists and extrem- were kept in overcrowded rooms with no fur- the Judiciary Committee then, and I ists will have won. Terrorists want us niture other than cots, surrounded by barbed can tell you that Senate Democrats wire and military police. There they re- to be afraid, and they want us to be a mained for three years. confirmed 22 of President Bush’s judi- nation divided. Groups like ISIS ac- Why did this happen? In a word: fear. But cial nominees in the second half of 2008. tively promote the narrative that Mus- it was a fear that was incited, encouraged The American people deserve to have lims are not welcome in the United and exploited by political players of many judicial vacancies in their commu- States, and the xenophobic, hateful stripes. In the weeks that followed the at- nities filled. Hard-working Americans rhetoric espoused by some today plays tack on Pearl Harbor, California was teem- across this country are counting on us into our enemies’ hands. It also de- ing with rumors of sabotage and espionage. to do our jobs as Senators. Our con- The mayor of Los Angeles, Fletcher Bowron, means us as a democratic nation found- spread the story that Japanese fishermen stituents call our offices and meet with ed on the principles of freedom, equal- us to let us know how they feel about and farmers had been seen mysteriously wav- ity, and liberty. We should not let our ing lights along the state’s shoreline. The the legislative issues before us. They country be defined by irresponsible top American military commander for the should not also have to ask us to fulfill fear-mongering. We are better than region, General John DeWitt, reported as the bare minimum of our constitu- that. true rumors that enemy planes had passed tional duties, such as the duty to con- Columns like the one written this over California—and claimed that 20,000 Jap- sider nominees in a timely manner to weekend by Barrie Dunsmore are im- anese were about to stage an uprising in San keep the third branch of government portant reminders of just how far we Francisco. All of these stories were false. fully functioning. The news media also did its share of have come as a nation. We cannot turn rumor-mongering. The Hearst columnist I sincerely hope the new year will back now, and we cannot turn against bring a new approach from Senate Re- Damon Runyon erroneously reported that a our fellow Americans now. radio transmitter had been discovered in a publicans and that we can move for- Mr. President, I ask unanimous con- rooming house that catered to Japanese resi- ward to confirm all of the pending judi- sent that a copy of Barrie Dunsmore’s dents. Even the respected national columnist cial nominees without further delay. column from Sunday, December 13, Walter Lippmann warned of a likely major act of sabotage by ethnic Japanese. f 2015, be printed in the RECORD. It would not be long before virtually all REJECTING HATEFUL RHETORIC There being no objection, the mate- West Coast newspapers, the American Le- Mr. LEAHY. Mr. President, for more rial was ordered to be printed in the gion, the L.A. Chamber of Commerce, a host than 235 years, the United States has RECORD, as follows: of other business and fraternal organiza- served as a beacon of hope and oppor- [From the Rutland Herald, Dec. 13, 2015] tions—not to mention the area’s top polit- tunity for millions coming to our FEAR IN THE DRIVER’S SEAT ical and military leaders—were demanding that all persons of Japanese ancestry be re- (By Barrie Dunsmore) shores seeking a better life. Ours is a moved from the West Coast. Many of these nation founded upon the ideal of free- ‘‘Nothing in modern politics equates with demands were overtly racist, such as that of dom, and throughout our history, there the rhetoric from candidate Trump.’’ So the attorney general of Idaho, who pro- have been moments when this most wrote Dan Balz this past week in The Wash- claimed all Japanese should ‘‘be put into fundamental ideal has been challenged. ington Post. concentration camps for the remainder of The complicated history of our Nation Balz is the Post’s veteran and scrupulously the war . . . We want to keep this a white nonpartisan senior political correspondent. man’s country.’’ is not without its dark moments, but He also wrote: ‘‘Trump’s call for a ban on at every turn, we have sought to re- Professor Geoffrey Stone points out in his Muslims entering the United States marked book, ‘‘Perilous Times: Free Speech In War- commit ourselves to our basic ideals a sudden and sizable escalation—and in this time,’’ ‘‘There was not a single documented and principles, always moving to be a case one that sent shock waves around the act of espionage, sabotage or treasonable ac- more inclusive society. world—in the inflammatory and sometimes tivity committed by an American citizen of Today, as some continue to espouse demagogic rhetoric of the candidate who Japanese descent or by a Japanese national hate-filled views that demonize those continues to lead virtually every national residing on the West Coast.’’ of a certain faith, we need thoughtful and state poll testing whom Republicans President Roosevelt was not being pushed voices to speak out and remind us all favor for their presidential candidate.’’ Evi- by his own advisers to sign the order for the dence of Trump’s support can be seen in polls internment. Attorney General Francis Bid- of what we stand for as Americans. In since the Muslim ban idea was proposed, in his column this weekend in the Rut- dle opposed it. So did FBI Director J. Edgar which a substantial majority evidently Hoover who described the demands for mass land Herald, veteran journalist Barrie agrees with him. evacuations as ‘‘public hysteria.’’ Secretary Dunsmore did just that. He reminded In offering a defense for his latest scheme, of War Henry Stimson thought internment us that in the wake of the attacks on Trump cited President Franklin Roosevelt’s was a ‘‘tragedy’’ and almost certainly uncon- Pearl Harbor, our own government decision to intern thousands of Japanese- stitutional. rushed to judge Japanese Americans Americans shortly after the Japanese attack Professor Stone concludes, ‘‘Although Roo- and imprisoned them in internment on Pearl Harbor in 1941. News reports this sevelt explained the order in terms of mili- camps out of fear they sought to do us past week have mentioned this comparison— tary necessity, there is little doubt that do- which was probably news to many Ameri- harm. This was a deplorable response mestic politics played a role in his thinking, cans. When I was teaching a semester at particularly since 1942 was an election year.’’ to a national tragedy that remains a Middlebury College, a senior who was an A And, of course, the U.S. had been attacked stain on our history. Mr. Dunsmore re- student, told me he had never heard of the and was now involved in another world war. flected on how this fear was perpet- Japanese internment. That inspired me to Those civil libertarians who opposed inter- uated by news media professionals who give the subject extra attention in class, and ment and thought that the Supreme Court enabled these scare tactics through to recall that period of history in this news- would ultimately reverse Roosevelt’s order their reporting and the response by paper nearly a decade ago. What follows are would be disappointed. Two related cases some elected leaders who also promul- elements of that column. eventually reached the court, and in both, On Dec. 7, 1941, Japanese forces attacked the convictions were upheld. gated this fear through their own ac- Pearl Harbor, killing more than 2,000 people Years later some of those directly involved tions. and destroying much of the U.S. Pacific would publicly express regret for their deci- Fear is what drove the racist and un- fleet. On Feb. 19, 1942, President Roosevelt sions in these cases. The famously liberal constitutional response to Japanese signed executive order No. 9066. Justice William O. Douglas later confessed, Americans in the wake of the attacks Over the next eight months, 120,000 individ- ‘‘I have always regretted that I bowed to my on Pearl Harbor in 1941. And fear is uals of Japanese descent were ordered to elders.’’ The also noted liberal Chief Justice what is encouraging some to recklessly leave their homes in California, Washington, Earl Warren, who as attorney general of hurl suspicion on Muslim Americans Oregon and Arizona. Two-thirds were Amer- California played a pivotal role in the proc- today in the wake of a terrorist attack ican citizens representing almost 90 percent ess, wrote in his memoirs in 1974 that intern- in San Bernardino, CA, and unrest of all Japanese-Americans. No charges were ment ‘‘was not in keeping with our American brought against these individuals; there were concept of freedom and the rights of citi- around the world. As Americans, we no judicial hearings. zens.’’ must categorically reject the divisive After being temporarily held in detention On Feb. 19, 1976, as part of the national bi- and corrosive rhetoric of fear that only camps set up in converted race tracks and centennial, President Gerald Ford issued a serves to undermine us as a nation. fairgrounds, the internees were transported proclamation noting that the anniversary of

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.071 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8789 Roosevelt’s internment order was ‘‘a sad day There being no objection, the mate- ‘‘We moved into the woods,’’ Fred con- in American history’’ because it was rial was ordered to be printed in the tinues, ‘‘some might say back to the land, in ‘‘wrong.’’ Ford concluded by calling upon the RECORD, as follows: Lincoln. This presented new challenges for American people ‘‘to affirm with me this our business and we had to work hard to [From the Burlington Free Press, Dec. 11, promise: that we have learned from the trag- make it succeed. In order to reach customers 2015] edy of that long ago experience’’ and ‘‘re- we began attending more craft fairs and se- solve that this kind of action shall never INSIDE THE WORLD OF DANFORTH PEWTER lectively selling our growing product line to again be repeated.’’ (By Fred Danforth) stores around Vermont including Frog Hol- But fast forward four decades: another war, In his wonderful book ‘‘The Connecticut,’’ low. We created our first touchmark based another election. And many Americans seem Walter Hard tells of the development of on the same rampant lion of Thomas Dan- perfectly willing to repeat what was resolved trade along the Connecticut River by the forth II.’’ never again to be repeated. Once again, American colonists. In one chapter he de- ‘‘And this was when Judi became a sculp- fear—dare I say—threatens to trump this scribes itinerant peddlers with horse-drawn tor. She began carving wax into a whimsical country’s better instincts. carts who were the first to distribute the range of buttons in the shapes of animals f wares of the 18th-century artisans of the and flowers. They were immediately popular Connecticut Valley. on the craft fair circuit, not to mention on RECOGNIZING DANFORTH PEWTER Some of the wares on those carts were the sweaters of our two beautiful young Mr. LEAHY. Mr. President, I want to most likely pewter mugs and plates made by daughters.’’ The business grew in new direc- take a moment to celebrate the success Thomas Danforth and his six sons in the late tions as the couple went to trade shows and of another Vermont business, Danforth 1700s and early 1800s. sold their buttons and pins and then orna- Pewter, which this year celebrates 40 Thomas Danforth opened his pewter work- ments to stores all over the country. shop in Middletown, Connecticut, on the EXPAND TO MIDDLEBURY years of producing quality, hand-craft- banks of the Connecticut River, in 1755 and ed pewter products. Danforth Pewter— his sons, grandsons and great-grandsons con- By 1988, they had 12 employees and had owned and operated by Fred and Judi tinued crafting pewter in their respective outgrown the workshop in the Danforths’ Danforth—opened for business in 1975 workshops until 1873, when the last of the barn in Lincoln. They built a new facility in Woodstock, VT. What started as a early American Danforth pewterers died. next to Woody Jackson’s Holy Cow in Some of the pewter pieces made by these Co- Middlebury. Soon thereafter Judi’s carving family business operating in a milk skill won them the license to make Winnie house in an old dairy barn has ex- lonial and early American Danforths have made their way into the Smithsonian, the the Pooh pewter for Walt Disney, which led panded to a workshop and flagship to another period of growth in a new direc- store in Middlebury and a network of Museum of Fine Arts in Boston, the Winterthur Museum in Delaware, the tion. In the late 1990s, the company returned to retail stores in Burlington, Waterbury, DeWitt-Wallace Museum in Colonial Wil- its roots and refocused its energies on Fred and Woodstock, VT, and in Colonial liamsburg, and many other American muse- and Judi’s original designs. In 1997 Danforth Williamsburg, VA. ums. Pewter was honored by the SBA when Fred This rich history of Danforth Pewter, FRED AND JUDI CONNECT however, dates back more than two- and Judi were the co-winners of the Vermont In the middle of the 20th century, Judi Small Business Person of the Year Award. and-a-half centuries, when Thomas Danforth, who was then Judi Whipple, also In 2006, the company took another big step, Danforth II opened his pewter shop in grew up on the shores of the Connecticut putting their flagship retail store in Middletown, CT in 1755. Generations of River, in Claremont. New Hampshire. Fred Middlebury into the same building as the Danforths followed in the patriarch’s Danforth, whose father was the family gene- workshop. One set of observation windows footsteps until 1873. A century later, alogist, came to Vermont from Ohio to at- lets guests see 100–year-old lathes being used Fred Danforth and his wife, Judi, also tend Middlebury College. When Fred and by skilled artisans to make oil lamps, can- an artist, rekindled the family tradi- Judi met in Middlebury, they discovered dlesticks, baby cups and other holloware. that they not only liked each other a lot, but tion and, following in the footsteps of Another set of windows gives a look into the they had a common interest in pewter. Judi casting shop where visitors can see molten his great-great-great-great-great- had studied silversmithing and pewtering at pewter being carefully poured into some of grandfather, reopened what is today a the school for American Craftsmen in Roch- the hundreds of vulcanized rubber molds the thriving business with a reputation for ester, New York, and was determined to be- company uses to make jewelry, holiday orna- quality that extends far beyond the come a pewterer. ments and figurines. Fred aspired to fine woodworking and Green Mountains of Vermont. Fast for- NETWORK OF PEWTER STORES ward to today, and the Danforth knew that the four pewter pieces on his fam- ily’s mantle were made by his great-great- Today, the company employs around 60 pewterer legacy lives on. Using the great-great-great grandfather Thomas Dan- people, and the network of Danforth Pewter same techniques to cast pewter today forth and his family. With a little cajoling stores has grown to include a boutique on as were originally used by Thomas Fred shifted his creative interest from wood Middlebury’s Main St; stores in Burlington, Danforth II is an even greater testa- to pewter. After a short apprenticeship in Waterbury, Woodstock, and Williamsburg, ment to the longevity of fine crafts- the basic skills of pewtering and a brief stint Virginia; a holiday kiosk in the University manship and the quality of the goods working for an entrepreneur in Nova Scotia, Mall in South Burlington in November and December; and several retail events around produced at Danforth Pewter. the two returned to Vermont and found the perfect spot to follow their new passion in New England. The company also has a thriv- Every time Marcelle and I visit Dan- ing online business at forth Pewter, we are impressed by the Woodstock, and 102 years after the last of the early American Danforths stopped work- www.danforthpewter.com, as well as a na- time and effort that goes into each ing in pewter, the Danforth family pewter tional wholesale business. In addition, Dan- piece. We shared the quality of this trade came to life again, once more in the forth makes custom designs, such as the bot- craftsmanship in 2008 when we shared Connecticut River Valley. tle stoppers for one of Whistlepig Whiskey’s palm stones crafted at Danforth Pew- Using the rampant lion from Thomas Dan- high-end offerings, and holiday ornaments ter with other delegates at the 2008 Na- forth’s touchmark on their first sign, Fred for Life is Good. A lot has changed since Thomas Danforth tional Convention. Whenever we are in and Judi Danforth opened their pewter shop in Woodstock, Vermont in 1975. II opened his pewter workshop in 1755, but Middlebury, Marcelle and I try to stop Fred says ‘‘We were inspired by the bur- there are a lot of things that he’d recognize in the store and see what new pieces geoning revival of the American Crafts if he walked into Danforth’s Middlebury are available. Our home in Vermont is movement in Vermont in the 1970s. We were workshop today. The process of casting pew- dotted with Danforth Pewter pieces, brimming with design ideas and our goal was ter by pouring molten pewter into a mold is and many hold special memories for us. to make well-designed appealing functional a technique he used that’s still in use today. These pieces are part of what makes pieces that people could use every day and Hopefully, he’d also recognize a passion for our house in Vermont truly our home. enjoy for generations.’’ The shop in Wood- good design and for quality craftsmanship. The Burlington Free Press recently stock was in the milk house of an old dairy And he’d certainly recognize some of the pieces of Colonial-era and early American ran an article highlighting the long barn. The makeshift showroom was in their living room in a tired 1789 farm house. Danforth pewter that are on display in each history of Danforth Pewter, punc- ‘INTO THE WOODS’ Danforth store, including one or two that he tuated with images of some of the com- made himself all the way back in the 1700s. pany’s most historic pieces. I ask unan- After two years of successfully attracting both locals and visiting tourists to their f imous consent that this December 11, fledgling business, they decided to move OMNIBUS LEGISLATION 2015, article entitled ‘‘Inside the world closer to friends in Addison County to begin of Danforth Pewter’ ’’ be printed in the raising their family and to pursue a new ap- Mrs. BOXER. Mr. President, I sup- RECORD. proach to their business. port this bipartisan budget package

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.030 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8790 CONGRESSIONAL RECORD — SENATE December 17, 2015 that is an important step forward for ting these 9/11 heroes the health care The tax extenders package made per- our country. they need—and deserve. And I want to manent the child tax credit, CTC, With this deal, we have avoided the say this: it was then-Senator Hillary earned-income tax credit, EITC, and devastating sequester cuts—which is Clinton who, as a member of EPW, American opportunity tax credit for incredibly important for our economy, called attention to the dangerous, dan- college expenses. for our workers, and for our businesses. gerous toxic air pollutants at Ground This will increase the tax refunds of We did not allow the government to Zero, and I praise her for that work. working families by several hundred shut down over divisive issues—like She secured millions for a health dollars per year, depending on the size taking away access to reproductive screening program for Ground Zero of the family. health care for millions of women. workers and first responders. Other important tax extenders made We fought to protect investments I am also thrilled this deal renews permanent are the deduction for State that are vital to our families, children, the Land and Water Conservation and local sales taxes, the deduction for seniors, veterans, women, college stu- Fund, LWCF, for 3 years. The fund—our donations of property for conservation dents, communities, and our environ- country’s most successful conservation purposes, tax-free retirement plan dis- ment. and recreation program—ensures that tributions for charitable donations, By definition, no deal is ever perfect. all Americans have access to our beau- and the deduction for teachers’ out-of- No one will get everything they want— tiful outdoor spaces. pocket expenses, as well as parity for especially in a divided government, but Since 1964, the fund has created parking and transit subsidies. The bill this agreement is good for our country recreation opportunities in every sin- also extends the favorable tax treat- in many ways. gle State and protected national parks, ment of forgiven mortgages through I will start with the extension of the national wildlife refuges, national for- 2016. clean energy investments included in ests, and other Federal areas—and I am pleased that we were able to this package. doing so has benefitted our economy. stop more than 100 poison pill riders. Look at my State. We know what is Outdoor recreation, conservation, and We stopped Republicans from at stake. Clean energy has proven to be preservation pumps more than $1 tril- defunding Planned Parenthood and de- a huge engine of economic growth in lion into the U.S. economy every year priving nearly 3 million Americans of California. and supports 1 out of every 15 jobs in health care. So extending the wind and solar en- the U.S. We stopped them from undermining ergy tax incentives will help create There are a number of other critical the Food and Drug Administration’s tens of thousands of clean energy jobs provisions in this package. ability to protect Americans from the Veterans—this bill demonstrates our across the country that will benefit dangers of e-cigarettes. dedication to our veterans by providing American families and the environ- We stopped them from restricting the $163 billion in funding for the Depart- ment, increase our energy independ- authority of Health and Human Serv- ment of Veterans Affairs. A majority of ence, and protect our children and ices, HHS, to administer and enforce this funding will go directly to medical grandchildren from dangerous pollu- the Affordable Care Act. care and medical research for our vet- tion. We stopped them from weakening the erans. Extending the wind and solar tax in- Education—this legislation will also Department of Homeland Security’s centives will eliminate over 10 times provide billions of dollars in funding to DACA program, which helps DREAM- more carbon emissions than lifting the ensure more access to quality edu- ers succeed. oil export ban will create. Combined, cation for our students—including $22.5 We stopped them from barring FEMA these incentives are expected to reduce billion for the Pell Grant Program— State and grant funds to sanctuary cit- annual carbon emissions equal to the which when combined with mandatory ies. emissions from 66 coal-fired power funding will increase the maximum We stopped them from gutting the plants or 50 million passenger cars. grant to $5,915 and ensure that more President’s landmark Clean Power Extending the Investment Tax Cred- than 8 million low-income students can Plan and weakening the Endangered it, ITC, for solar would create an esti- attend college in the next school year. Species Act and destroying the Clean mated 61,000 jobs in 2017 alone and The bill also invests significant fund- Water Act. avoid losing 80,000 solar jobs. ing in title I grants and Head Start— And we stopped them from elimi- And extending the Production Tax which gives our youngest children nating the housing trust fund, which Credit, PTC, would allow the wind in- more opportunities for educational suc- provides affordable housing for families dustry to grow to over 100,000 jobs in 4 cess. across the country. years and continue toward supporting Afterschool—the bill boosts funding I am proud that Democrats stood to- 500,000 jobs by 2030. for afterschool programs by $15 mil- gether and fought against these dan- These provisions are a game chang- lion, expanding access to the critical gerous provisions that would seriously er—and I am thrilled they were in- programs for approximately 15,000 stu- hurt the American people. cluded. dents. Now, there were several provisions I also strongly support the 9/11 First Fighting the opioid epidemic—the that ended up in the legislation that I Responders provision. In this country, bill also includes robust funding to do not support—measures that Repub- we take care of the people who put fight the growing use of drugs in this licans insisted on, such as lifting the their lives on the line for us. These country and increase awareness of the oil export ban permanently, which I op- men and women answered the call of dangers of prescription drug abuse by pose. duty when our Nation was under at- providing $3.8 billion for Substance I also do not support Republicans’ de- tack. Abuse and Mental Health Services. cision to flat-fund the EPA—even I never understood why it took so Preserving our national parks—the though the EPA is incredibly popular long to do this, and it is a moral out- bill provides $2.8 billion to preserve and with Americans. rage that this program was allowed to protect our beautiful national parks. And it doesn’t provide the IRS with expire in the first place. We should Drought—I want to thank Senator any new funds—which hurts our ability never have left them in limbo for FEINSTEIN for including $271 million to to administer the Affordable Care Act, health care. help alleviate hazards caused by as well as crack down on tax cheats We would never ever leave our drought, floods, fires, windstorms, and and frauds. wounded soldiers on the battlefield, other natural disasters. It also helps The package also provides inad- and we should have never ever have farmers and ranchers repair damage to equate support for family planning—es- given these brave first responders even farmlands caused by these natural dis- pecially abroad. a moment of doubt that we would be asters. At a time when we should be doing there for them. Included in this package are also im- everything we can to prevent gun vio- I want to praise Senator GILLIBRAND, portant tax provisions that will help lence, this legislation does not over- Senator SCHUMER, and Jon Stewart for our families, our communities and our turn a prohibition on government-fund- putting this issue on the map—and get- environment. ed studies of gun violence.

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.034 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8791 I am also disappointed that the transformed international communica- Light: Prospects in Lighting Design House’s visa waiver language was ac- tion via the Internet, a tool we cannot and Technology, which brought to- cepted—rather than Senator FEIN- imagine living without today. It has gether artists and scientists from STEIN’s language that I supported. helped us improve safety through sen- around the world, while other groups But in the end, that is what a com- sors in cars and aircraft, advanced in- across the country have hosted similar promise is—and that is what it means frastructure monitoring, and weather symposia through local sections and to negotiate and to govern. prediction. Furthermore, light has student chapters of organizations. I want to praise Senator REID, Leader helped millions around the globe work, Events such as these provide public PELOSI, Senator MIKULSKI, and all of study, and play after dark through low- outreach on the importance of optics my fellow Democrats who fought so cost and sustainable light sources for and photonics, promote youth interest hard to make this the best agreement families who do not have access to grid and engagement in science, and edu- we could reach. I also praise their Re- electricity. From agriculture to cate us all on the crucial role that publican counterparts. forensics to virtual reality, light and light-based technologies play in the I believe this is a good deal for the light-based technologies continue to U.S. economy and in everyday life. American people. It is good for our fuel innovations and improvements Events like these have been hap- families, our children, our economy, that touch nearly every aspect of lives pening not just here in the United and our environment, and I urge my around the world. States, but all over the world through- colleagues to support it. In fact, the science of light is becom- out 2015. Across the globe, events have f ing increasingly critical in growing our been organized to learn more about the economy and keeping American manu- science of light and to celebrate the in- TOXIC SUBSTANCES CONTROL ACT facturing competitive on a global novation and imagination that has Mrs. BOXER. Mr. President, I am scale. The contribution of light-based fueled incredible discoveries and inven- pleased to move forward with the Sen- technologies to our economy starts tions. The storied history of innovation ate language on the Toxic Substances with fundamental optics and photonics in light dates back to the first studies Control Act, TSCA, which has been a education and research. Look no fur- of optics 1,000 years ago and continues difficult, multiyear odyssey. ther than the work being done in my today with breakthroughs in the field I did this for two reasons. First, the home State at Delaware State Univer- of optical communications. bill has been vastly improved over the sity’s Optical Science Center for Ap- These activities would not be pos- original bill, which in my opinion plied Research, OSCAR, where re- sible without the hard work and dedi- would have been harmful to our fami- searchers are developing new detectors cation of people in the optics and lies because it overrode our State laws for night vision technologies, methods photonics field, both in industry and in and set up an ineffective and non- for determining the composition of academia. This includes the optics and existent way to regulate most toxic complex materials, and technologies photonics based societies and organiza- pollutants. Secondly, I have been as- with applications in space exploration, tions that have sponsored the initia- sured that, as the House and Senate to name just a few. These economic tive, including the Optical Society, the bills are merged into one, the voices of contributions continue with invest- American Institute of Physics, the those who have been most deeply af- ments in manufacturing to increase American Physical Society, the Euro- fected—including nurses, breast cancer the development and production of new pean Physical Society, the German survivors, asbestos victims, and chil- optics and photonics applications and Physical Society, the Abdus Salam dren—will be heard. I will have the op- technologies, a market that supports International Centre of Theoretical portunity to be in the room at every more than 7.4 million jobs and $3 tril- Physics, the IEEE Photonics Society, step and express their views. lion in annual revenue in the United the Institute of Physics, Light: Science This is very important to me because States. and Applications, Lightsources.org, the history of this bill has been so con- The transformative value of light- 1001 Inventions, and the International tentious. I want to assure my col- based technologies was reaffirmed ear- Society for Optics and Photonics. In leagues, my home State of California, lier this summer with the establish- fact, the International Year of Light and the people of this Nation that I ment of the American Institute for has been endorsed by the International will stay intimately involved as the Manufacturing Integrated Photonics, Council of Science, as well as several bill moves forward, and I will share my AIM Photonics, as part of the National international scientific unions and pro- views openly. I look forward to the Network for Manufacturing Innova- fessional societies, and has more than work ahead, and I am optimistic that tion. Continued investment in public- 100 partners from over 85 countries. we can reach a fair and just conclusion. private partnerships like AIM By highlighting the critical role light f Photonics accelerates research and de- plays in our everyday lives and its velopment that leads to technologies THE INTERNATIONAL YEAR OF unique potential to improve the world like integrated photonic components in ways we cannot yet imagine, cele- LIGHT AND LIGHT-BASED TECH- and circuits. This vital work helps en- NOLOGIES brating the International Year of Light sure that breakthroughs in related provides a valuable opportunity to in- Mr. COONS. Mr. President, as the fields like biophotonics, high-resolu- spire, educate, and connect all of those year comes to a close, I would like to tion imaging, next generation wireless who are fighting to make the world highlight a proclamation from the U.N. communications, and quantum com- even brighter. From scientific societies General Assembly recognizing 2015 as puting will not only occur, but also be to educational institutions to trade the International Year of Light and built right here in America. groups, from nonprofit organizations to Light-Based Technologies. This global The International Year of Light is private sector partners, the global initiative is aimed at raising awareness also a real opportunity to provide the community has recognized 2015 as the of the vital role of light in our daily general public with a better under- International Year of Light not only to lives and its importance to 21st cen- standing of the science of light; pro- commemorate achievements past, but tury technology and innovation. For mote STEM education; and inspire the also to set the stage for technologies of centuries, light has transcended all next generation of scientists, research- the future. boundaries from geography and gender, ers, innovators, and entrepreneurs. to age, culture, and race. This past year, optics and photonics or- f For centuries, light-based tech- ganizations have held events around ADDITIONAL STATEMENTS nologies have provided solutions to the United States such as the Light for worldwide challenges in energy, agri- a Better World symposium held in Sep- culture, telecommunications, security, tember in Washington, DC, that fea- RECOGNIZING THE CRAWFORD-SE- and health. To start, light has revolu- tured two Nobel prize winners as key- BASTIAN COMMUNITY DEVELOP- tionized medicine through technologies note speakers, Dr. Eric Betzig and Dr. MENT COUNCIL such as x ray imaging, laser surgery, Shuji Nakamura. In October, the Uni- ∑ Mr. BOOZMAN. Mr. President, it is and cancer treatments. Light has versity of Delaware also hosted Green my honor to congratulate the

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.034 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8792 CONGRESSIONAL RECORD — SENATE December 17, 2015 Crawford-Sebastian Community Devel- Gollinger call Montana home. I am in the United States, there is an entre- opment Council, CSCDC, on its 50th an- grateful for his exceptional work and preneur who is willing to put in the niversary of providing critical help for look forward to hearing about the con- hard work necessary for success. In the the people of western Arkansas. Since tinued impact he is having in the Butte heart of Pineville, LA, Roy W. Burr, 1965, this community action agency has community.∑ Sr., exemplified this commitment by administered a wide range of Federal f dedicating over 30 years to growing and programs that help with housing, utili- maintaining this week’s Small Busi- TRIBUTE TO GORDON BURGESS ties, food and other basic needs. ness of the Week, Harlow’s Donut and This agency does not just process pa- ∑ Mr. VITTER. Mr. President, today I Bakery. perwork; it alleviates hunger, provides wish to honor Tangipahoa Parish presi- Harlow’s Donut and Bakery has been shelter, and gives hope to more than dent Gordon Burgess. Gordon has self- a staple in Pineville since opening its 50,000 Arkansans annually. lessly served nearly 30 years as doors in 1972. When Roy W. Burr, Sr., I have always been struck by the Tangipahoa’s first and only parish took over in 1984, he was determined to great kindness and care that the staff president. maintain the bakery’s name and good at the CSCDC provides. The team, in- A graduate of Southern Arkansas reputation. With no prior experience in cluding 1,600 volunteers, is passionate University, Burgess served 2 years in the food industry, Roy would regularly about helping people and improving the the Nike Missile Anti-Aircraft Artil- begin making donuts at 2:30 in the community. They consistently look for lery Battery of the U.S. Army, as well morning. In the decades since, three new ways to improve their services, as 4 years on Active Reserve in the Na- generations of Burrs have created an and I am grateful for their tireless ef- tional Guard. Following his service, environment where locals could start forts to support the homeless, families Gordon owned and operated a success- their mornings with hot coffee and a facing difficult times, and those who ful oil service company for more than fresh pastry, while catching up with are seeking to improve their lives. 20 years before becoming Tangipahoa their friends and neighbors. Harlow’s I have had many opportunities to see Parish president in 1986. Gordon and Bakery is widely recognized as a staple their work in person, including helping his wife Margaret are both members of in the community in large part due to a family celebrate their new home the First Baptist Church in Independ- the Burr family treating both their em- through the self-help housing program. ence, LA, where he serves as a deacon ployees and customers as members of The CSCDC is a leader in providing and she in the music ministry. their extended family. counseling for first-time and low-in- As a staunch fiscal conservative, Over the years, Harlow’s Donut and come home buyers and creating homes Gordon has fought to reduce taxes and Bakery has been awarded statewide hand-in-hand with them that will stand to live with a balanced budget by im- and national accolades. In 2011, the test of time. It also quietly helps plementing his now famous ‘‘pay as Harlow’s was featured as a Travelocity those in greatest need each day with you go’’ approach. When first elected Local Secret, Big Find and more re- services such as utility assistance, Tangipahoa Parish president, Gordon cently was honored by the North emergency food, and a no-cost dental inherited a parish government nearly Rapides Business and Industry Alliance clinic. $12 million in the red. Under his leader- as a Small Business of the Month in This year, the CSCDC has proven ship, all of that debt has been paid off, March 2015. that it intends to remain a leader in and 19 separate property taxes totaling This past November, Roy W. Burr, community support for many years to over $96 million have been eliminated. Sr., passed away after running come. This agency joined efforts to cre- During his eight terms in office, Gor- Harlow’s for over 30 years. In remem- ate the new Hope Campus in Fort don strengthened Tangipahoa’s high- brance of Roy and his dedication to the Smith, AR, that brings together a way system, upgraded the drainage Pineville community, Harlow’s Donut number of nonprofits and services for systems, built new governmental fa- and Bakery is officially recognized as the homeless in one place. It is a place cilities, and invested in a higher qual- Small Business of the Week.∑ of hope, healing, and opportunity.∑ ity health system for his Parish’s citi- f f zens. Gordon’s public service extends well RECOGNIZING WETLAND TRIBUTE TO MARK GOLLINGER beyond Tangipahoa Parish to State and RESOURCES, LLC ∑ Mr. DAINES. Mr. President, I would Federal levels. His experience and vi- ∑ Mr. VITTER. Mr. President, restor- like to honor Mark Gollinger for his sion have led to an appointment on ing, protecting, and preserving our vul- faithful devotion to the veterans of Louisiana’s Commerce and Industry nerable coastal habitats remain among Butte-Silver Bow, MT. Mark has tire- Board and the Louisiana Police Jury the most important priorities for those lessly served countless veterans over Executive Board. On the Federal level, of us in Louisiana. Coastal erosion has the years by serving as a liaison be- he serves as vice president of the reduced our Nation’s largest marsh by tween veterans and veteran providers. Zachary Taylor Parkway Association. more than 2,000 square miles since 1930. Mark is a U.S. Navy retired senior Gordon is also an honorary cochair- We need to work toward effective solu- chief who now runs the Disabled Vet- man and committee member of Amer- tions combating coastal erosion be- erans Outreach Program, DVOP, from ica’s Wetland Storm Warning IV Com- cause it affects our homes, businesses, the Butte Job Service. One of the chief mittee. He is a member of the Lou- and daily lives. That is why I would responsibilities of his position is com- isiana Federal Property Advisory like to recognize Wetland Resources, municating with veterans in the area Board, a member of Parishes Against LLC, of Tickfaw, LA, as Small Busi- and keeping them informed of what is Coastal Erosion, the Amite Rotary ness of the Week. happening around the community. Club, the Hammond Chamber of Com- The threat of natural disaster will al- Some of his most recent efforts have merce, as well as the Ponchatoula and ways remain for those of us living in included free tax preparation for vet- Amite Area chambers. Additionally he Louisiana, and it is well known that erans and Active-Duty military mem- is a member of the Louisiana Cattle- coastal restoration goes hand-in-hand bers, virtual career fairs with the For- men’s Association. with storm protection. In the 10 years est Service, and a career mini-summit. I am pleased to hereby honor parish since Hurricane Katrina, which flooded Mark also hosts a quarterly veteran president Gordon Burgess on his com- 80 percent of New Orleans and displaced service provider, VSP, meetings in mitment to providing invaluable public thousands across the country, we as a Butte, at which presentations are given service to the people of Tangipahoa State have made great strides to pro- with information to help veterans Parish and the State of Louisiana.∑ tect our homes and communities, and learn more about the providers in the f our future is brighter than ever. But we area, in addition to sharing any other are not done yet. relevant information for veterans. RECOGNIZING HARLOW’S DONUTS Husband and wife team Gary Shaffer As a strong advocate for ensuring our AND BAKERY and Demetra Kandelepas of Wetland veterans are cared and provided for, it ∑ Mr. VITTER. Mr. President, behind Resources have stepped up to play a is my honor to have someone like Mark each of the millions of small businesses major role in coastal restoration and in

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.037 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8793 2009 began devising a way to rebuild The message further announced that had presented to the President of the and protect our coastline. Shaffer, a bi- the House agrees to the amendment of United States the following enrolled ology professor at Southeastern Lou- the Senate to the text of the bill (H.R. bill: isiana University in Hammond, LA, 2297) to prevent Hezbollah and associ- S. 1090. An act to amend the Robert T. and Kandelepas, an ecologist with a ated entities from gaining access to Stafford Disaster Relief and Emergency As- doctorate degree, have been growing international financial and other insti- sistance Act to provide eligibility for broad- hurricane-resistant plants, such as cy- tutions, and for other purposes, and casting facilities to receive certain disaster assistance, and for other purposes. press and tupelo trees, along Louisi- agrees to the amendment of the Senate ana’s receding coast. This creates a to the title of the bill. f natural barrier of healthy flora more The message also announced that the INTRODUCTION OF BILLS AND likely to sustain vulnerable coastal House agrees to the amendment of the JOINT RESOLUTIONS habitats during strong storms. In order Senate to the bill (H.R. 2820) to reau- The following bills and joint resolu- to reinvigorate the vegetation along thorize the Stem Cell Therapeutic and tions were introduced, read the first Louisiana’s coastline, Wetland Re- Research Act of 2005, and for other pur- and second times by unanimous con- sources targets areas that are filled poses. sent, and referred as indicated: with treated sewerage and wastewater ENROLLED BILLS SIGNED By Mr. REED (for himself and Ms. COL- from nearby cities. These areas are nu- At 5:07 p.m., a message from the LINS): trient rich and serve as ideal incuba- House of Representatives, delivered by S. 2410. A bill to promote transparency in tors for newly planted cypress and Mrs. Cole, one of its reading clerks, an- the oversight of cybersecurity risks at pub- tupelo trees. These species of trees can nounced that the Speaker has signed licly traded companies; to the Committee on live for hundreds of years, and their Banking, Housing, and Urban Affairs. the following enrolled bills: By Mr. HEINRICH (for himself and Mr. root systems grow laterally, which S. 1090. An act to amend the Robert T. FLAKE): connect with adjacent trees to create Stafford Disaster Relief and Emergency As- S. 2411. A bill to permit the Secretary of an effective barrier from storm surges sistance Act to provide eligibility for broad- Homeland Security to search open source in- and gale force winds. casting facilities to receive certain disaster formation to determine if an alien is inad- Today, Shaffer and Kandelepas are assistance, and for other purposes. missible to the United States and for other developing new ways to plant and pro- H.R. 2297. An act to prevent Hizballah and purposes; to the Committee on the Judici- associated entities from gaining access to tect their seeds. In addition to their ary. international financial and other institu- By Mrs. BOXER (for herself and Mrs. most recent development, a biodegrad- tions, and for other purposes. FEINSTEIN): able protective casing for their seed- H.R. 2820. An act to reauthorize the Stem S. 2412. A bill to establish the Tule Lake lings that allows 4,000 trees to be plant- Cell Therapeutic and Research Act of 2005, National Historic Site in the State of Cali- ed each day, Wetland Resources, LLC, and for other purposes. fornia, and for other purposes; to the Com- has received numerous awards. H.R. 3831. An act to amend title XVIII of mittee on Energy and Natural Resources. Congratulations to Wetlands Re- the Social Security Act to extend the annual By Mr. MENENDEZ: S. 2413. A bill to prohibit unfair or decep- sources, LLC, of Tickfaw, LA, this comment period for payment rates under Medicare Advantage. tive acts or practices relating to the prices week’s Small Business of the Week. I The enrolled bills were subsequently of products and services sold online, and for look forward to seeing the ongoing im- other purposes; to the Committee on Com- pact of your innovative ideas in restor- signed by the President pro tempore merce, Science, and Transportation. ing our coastline and protecting our (Mr. HATCH). By Mr. BLUMENTHAL (for himself and families and homes.∑ f Mr. MCCAIN): S. 2414. A bill to decrease the frequency of f MEASURES REFERRED sports blackouts, and for other purposes; to MESSAGES FROM THE HOUSE The following bills were read the first the Committee on the Judiciary. and the second times by unanimous By Mr. FLAKE (for himself, Mr. COR- At 12:10 p.m., a message from the NYN, and Mr. SCHUMER): House of Representatives, delivered by consent, and referred as indicated: S. 2415. A bill to implement integrity Mr. Novotny, one of its reading clerks, H.R. 3189. An act to amend the Federal Re- measures to strengthen the EB–5 Regional announced that the House has passed serve Act to establish requirements for pol- Center Program in order to promote and re- icy rules and blackout periods of the Federal the following bill, without amendment: form foreign capital investment and job cre- Open Market Committee, to establish re- ation in American communities; to the Com- S. 1090. An act to amend the Robert T. quirements for certain activities of the mittee on the Judiciary. Stafford Disaster Relief and Emergency As- Board of Governors of the Federal Reserve By Mr. GRASSLEY: sistance Act to provide eligibility for broad- System, and to amend title 31, United States S. 2416. A bill to amend titles XVIII and casting facilities to receive certain disaster Code, to reform the manner in which the XIX of the Social Security Act to require the assistance, and for other purposes. Board of Governors of the Federal Reserve use of electronic visit verification systems The message also announced that the System is audited, and for other purposes; to for home health services under the Medicare House has passed the following bills, in the Committee on Banking, Housing, and program and personal care services and home which it requests the concurrence of Urban Affairs. health care services under the Medicaid pro- the Senate: H.R. 3654. An act to require a report on gram; to the Committee on Finance. United States strategy to combat terrorist By Mr. THUNE (for himself and Mr. H.R. 3654. An act to require a report on use of social media, and for other purposes; ROUNDS): United States strategy to combat terrorist to the Committee on Homeland Security and S. 2417. A bill to amend the Indian Health use of social media, and for other purposes. Governmental Affairs. Care Improvement Act to allow the Indian H.R. 3750. An act to waive the passport fees H.R. 3750. An act to waive the passport fees Health Service to cover the cost of a copay- for first responders proceeding abroad to aid for first responders proceeding abroad to aid ment of an Indian or Alaska Native veteran a foreign country suffering from a natural a foreign country suffering from a natural receiving medical care or services from the disaster. disaster; to the Committee on Foreign Rela- Department of Veterans Affairs, and for H.R. 3878. An act to enhance cybersecurity tions. other purposes; to the Committee on Indian information sharing and coordination at H.R. 3878. An act to enhance cybersecurity Affairs. ports in the United States, and for other pur- information sharing and coordination at By Mr. BOOKER (for himself and Mr. poses. ports in the United States, and for other pur- JOHNSON): H.R. 4239. An act to require intelligence poses; to the Committee on Commerce, S. 2418. A bill to authorize the Secretary of community reporting on foreign fighter Science, and Transportation. Homeland Security to establish university flows to and from terrorist safe havens H.R. 4239. An act to require intelligence labs for student-developed technology-based abroad, and for other purposes. community reporting on foreign fighter solutions for countering online recruitment H.R. 4246. An act to exempt for an addi- of violent extremists; to the Committee on tional 4-year period, from the application of flows to and from terrorist safe havens abroad, and for other purposes; to the Select Homeland Security and Governmental Af- the means-test presumption of abuse under fairs. Committee on Intelligence. chapter 7, qualifying members of reserve By Mr. REED (for himself and Mr. components of the Armed Forces and mem- f CASEY): bers of the National Guard who, after Sep- ENROLLED BILL PRESENTED S. 2419. A bill to improve quality and ac- tember 11, 2001, are called to active duty or countability for educator preparation pro- to perform a homeland defense activity for The Secretary of the Senate reported grams; to the Committee on Health, Edu- not less than 90 days. that on today, December 17, 2015, she cation, Labor, and Pensions.

VerDate Sep 11 2014 06:32 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.072 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8794 CONGRESSIONAL RECORD — SENATE December 17, 2015 By Mr. BLUMENTHAL (for himself, (Mr. MURPHY) was added as a cosponsor the government of the country of des- Mr. MURPHY, Mr. MARKEY, Ms. BALD- of S. 779, a bill to provide for Federal tination, requesting foreign govern- WIN, Mr. SANDERS, and Mrs. BOXER): agencies to develop public access poli- ments to notify the United States S. 2420. A bill to amend the Food and Nu- trition Act of 2008 to modify the exception to cies relating to research conducted by when a known sex offender is seeking the work requirement; to the Committee on employees of that agency or from funds to enter the United States, and for Agriculture, Nutrition, and Forestry. administered by that agency. other purposes. By Ms. MURKOWSKI (for herself and S. 804 S. 2067 Mr. SULLIVAN): At the request of Mrs. SHAHEEN, the At the request of Mr. WICKER, the S. 2421. A bill to provide for the convey- ance of certain property to the Tanana Trib- name of the Senator from Massachu- name of the Senator from Virginia (Mr. al Council located in Tanana, Alaska, and to setts (Mr. MARKEY) was added as a co- KAINE) was added as a cosponsor of S. the Bristol Bay Area Health Corporation lo- sponsor of S. 804, a bill to amend title 2067, a bill to establish EUREKA Prize cated in Dillingham, Alaska, and for other XVIII of the Social Security Act to Competitions to accelerate discovery purposes; to the Committee on Indian Af- specify coverage of continuous glucose and development of disease-modifying, fairs. monitoring devices, and for other pur- preventive, or curative treatments for f poses. Alzheimer’s disease and related demen- SUBMISSION OF CONCURRENT AND S. 1141 tia, to encourage efforts to enhance de- SENATE RESOLUTIONS At the request of Ms. COLLINS, the tection and diagnosis of such diseases, or to enhance the quality and effi- The following concurrent resolutions name of the Senator from New York ciency of care of individuals with such and Senate resolutions were read, and (Mr. SCHUMER) was added as a cospon- diseases. referred (or acted upon), as indicated: sor of S. 1141, a bill to amend the Inter- nal Revenue Code of 1986 to provide tax S. 2152 By Mr. BLUMENTHAL: S. Res. 337. A resolution expressing support incentives for small businesses. At the request of Mr. CORKER, the for the designation of February 12, 2016, as S. 1169 name of the Senator from South Da- ‘‘Darwin Day’’ and recognizing the impor- At the request of Mr. GRASSLEY, the kota (Mr. ROUNDS) was added as a co- tance of science in the betterment of human- name of the Senator from Iowa (Mrs. sponsor of S. 2152, a bill to establish a ity; to the Committee on Commerce, ERNST) was added as a cosponsor of S. comprehensive United States Govern- Science, and Transportation. 1169, a bill to reauthorize and improve ment policy to encourage the efforts of f the Juvenile Justice and Delinquency countries in sub-Saharan Africa to de- ADDITIONAL COSPONSORS Prevention Act of 1974, and for other velop an appropriate mix of power solu- S. 50 purposes. tions, including renewable energy, for At the request of Mr. VITTER, the S. 1455 more broadly distributed electricity name of the Senator from South Da- At the request of Ms. COLLINS, her access in order to support poverty re- kota (Mr. ROUNDS) was added as a co- name was added as a cosponsor of S. duction, promote development out- sponsor of S. 50, a bill to amend the 1455, a bill to provide access to medica- comes, and drive economic growth, and Public Health Service Act to prohibit tion-assisted therapy, and for other for other purposes. certain abortion-related discrimination purposes. S. 2200 in governmental activities. S. 1559 At the request of Mrs. FISCHER, the S. 551 At the request of Ms. AYOTTE, the name of the Senator from Ohio (Mr. At the request of Mrs. FEINSTEIN, the name of the Senator from Vermont PORTMAN) was added as a cosponsor of name of the Senator from Delaware (Mr. LEAHY) was added as a cosponsor S. 2200, a bill to amend the Fair Labor (Mr. CARPER) was added as a cosponsor of S. 1559, a bill to protect victims of Standards Act of 1938 to strengthen of S. 551, a bill to increase public safety domestic violence, sexual assault, equal pay requirements. by permitting the Attorney General to stalking, and dating violence from S. 2201 deny the transfer of firearms or the emotional and psychological trauma At the request of Mr. CORKER, the issuance of firearms and explosives li- caused by acts of violence or threats of name of the Senator from Delaware censes to known or suspected dan- violence against their pets. (Mr. COONS) was added as a cosponsor gerous terrorists. S. 1697 of S. 2201, a bill to promote inter- S. 678 At the request of Ms. HEITKAMP, the national trade, and for other purposes. At the request of Mr. INHOFE, the name of the Senator from Colorado S. 2291 name of the Senator from Arkansas (Mr. BENNET) was added as a cosponsor At the request of Mr. KIRK, the (Mr. COTTON) was added as a cosponsor of S. 1697, a bill to provide an exception names of the Senator from Pennsyl- of S. 678, a bill to declare English as from certain group health plan require- vania (Mr. TOOMEY) and the Senator the official language of the United ments to allow small businesses to use from Nevada (Mr. HELLER) were added States, to establish a uniform English pre-tax dollars to assist employees in as cosponsors of S. 2291, a bill to amend language rule for naturalization, and the purchase of policies in the indi- title 38, United States Code, to estab- to avoid misconstructions of the vidual health insurance market, and lish procedures within the Department English language texts of the laws of for other purposes. of Veterans Affairs for the processing the United States, pursuant to Con- of whistleblower complaints, and for gress’ powers to provide for the general S. 1849 other purposes. welfare of the United States and to es- At the request of Ms. MURKOWSKI, the tablish a uniform rule of naturalization name of the Senator from Mississippi S. 2373 under article I, section 8, of the Con- (Mr. WICKER) was added as a cosponsor At the request of Ms. CANTWELL, the stitution. of S. 1849, a bill to amend title XVIII of name of the Senator from Washington S. 706 the Social Security Act to establish a (Mrs. MURRAY) was added as a cospon- At the request of Mrs. BOXER, the Medicare payment option for patients sor of S. 2373, a bill to amend title names of the Senator from Michigan and eligible professionals to freely con- XVIII of the Social Security Act to (Mr. PETERS) and the Senator from tract, without penalty, for Medicare provide for Medicare coverage of cer- Wisconsin (Ms. BALDWIN) were added as fee-for-service items and services, tain lymphedema compression treat- cosponsors of S. 706, a bill to amend the while allowing Medicare beneficiaries ment items as items of durable medical Higher Education Act of 1965 to require to use their Medicare benefits. equipment. institutions of higher education to S. 1867 S. 2407 have an independent advocate for cam- At the request of Mr. TOOMEY, his At the request of Mr. MARKEY, the pus sexual assault prevention and re- name was added as a cosponsor of S. names of the Senator from Georgia sponse. 1867, a bill to protect children from ex- (Mr. ISAKSON) and the Senator from Ar- S. 779 ploitation by providing advance notice kansas (Mr. COTTON) were added as co- At the request of Mr. CORNYN, the of intended travel by registered sex of- sponsors of S. 2407, a bill to post- name of the Senator from Connecticut fenders outside the United States to humously award the Congressional

VerDate Sep 11 2014 06:32 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.014 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8795 Gold Medal to each of J. Christopher ‘without sound knowledge of—or ade- ports their professional growth and de- Stevens, Glen Doherty, Tyrone Woods, quate sensitivity to—the topic, direc- velopment, starting on day one and and Sean Smith in recognition of their tors cannot easily draw the line be- continuing throughout their careers. contributions to the Nation. tween oversight and management,’ and Senator CASEY and I introduced the S. 2409 that once in the technical ‘weeds,’ di- Better Education Support and Training At the request of Mr. WYDEN, the rectors ‘find it difficult to assess the Act to create such a system, and many names of the Senator from Washington appropriate level of [the board’s] in- key provisions of this legislation were (Ms. CANTWELL) and the Senator from volvement in risk management.’ ’’ included in the Every Student Suc- Washington (Mrs. MURRAY) were added Investors and customers deserve a ceeds Act that passed the Senate with as cosponsors of S. 2409, a bill to amend clear understanding of whether pub- an overwhelming bipartisan vote and titles XVIII and XIX of the Social Se- licly traded companies are not only was signed into law last week. curity Act to improve payments for prioritizing cybersecurity, but also However, our work is not done. We hospital outpatient department serv- have the capacity to protect investors need to make sure that educator prepa- ices and complex rehabilitation tech- and customers from cyber related at- ration programs help teachers, prin- nology and to improve program integ- tacks. This bill aims to provide a bet- cipals, librarians, and other school rity, and for other purposes. ter understanding of these issues leaders develop the skills and knowl- through improved SEC disclosure. S.J. RES. 25 edge to be profession-ready. There is a While this legislation is a matter for At the request of Mr. FLAKE, the looming shortage of fully-prepared consideration by the Banking Com- name of the Senator from South Caro- teachers. Earlier this month, the Wash- mittee, of which I am a member, this lina (Mr. SCOTT) was added as a cospon- ington Post reported that many high bill is also informed by my service on sor of S.J. Res. 25, a joint resolution poverty schools struggle to fill their the Armed Services Committee. It is providing for congressional disapproval teaching positions and rely on a ‘‘ro- through this dual Banking-Armed under chapter 8 of title 5, United tating cast of substitutes.’’ We must do Services perspective that I see that our States Code, of the final rule of the Ad- better by our students and our schools. economic security is indeed a matter of ministrator of the Environmental Pro- Today, I am reintroducing the Educa- our national security, and this is par- tection Agency relating to ‘‘National tor Preparation Reform Act and am ticularly the case as our economy be- Ambient Air Quality Standards for pleased to be joined by Senator CASEY comes increasingly reliant on tech- Ozone’’. in offering this approach to improving nology and the Internet. how we prepare teachers, principals, S. RES. 327 For example, James Clapper, Direc- and other educators so that they can be At the request of Mr. BLUMENTHAL, tor of National Intelligence, recently effective right from the start. the name of the Senator from Michigan appeared before the Armed Services The Educator Preparation Reform (Mr. PETERS) was added as a cosponsor Committee on September 29, 2015, and of S. Res. 327, a resolution condemning Act builds on the success of the Teach- testified that ‘‘cyber threats to the er Quality Partnership Program, which violence that targets healthcare for U.S. national and economic security women. I helped author in the 1998 reauthoriza- are increasing in frequency, scale, so- tion of the Higher Education Act. f phistication and severity of impact.’’ Among the key changes this new bill STATEMENTS ON INTRODUCED He further said that ‘‘[b]ecause of our makes is specific attention and empha- BILLS AND JOINT RESOLUTIONS heavy dependence on the Internet, sis on principals, with the addition of a nearly all information communication residency program for new principals. By Mr. REED (for himself and technologies and I.T. networks and sys- Ms. COLLINS): Improving instruction is a team effort, tems will be perpetually at risk.’’ with principals at the helm. This bill S. 2410. A bill to promote trans- With mounting cyber threats and better connects teacher preparation parency in the oversight of cybersecu- concerns over the capabilities of cor- with principal preparation. The Educa- rity risks at publicly traded compa- porate directors, we all need to be more tor Preparation Reform Act will also nies; to the Committee on Banking, proactive in ensuring our Nation’s cy- allow partnerships to develop prepara- Housing, and Urban Affairs. bersecurity before there are additional tion programs for other areas of in- Mr. REED. Mr. President, today I am serious breaches. This legislation seeks structional need, such as for school li- pleased to be introducing the Cyberse- to take one step towards that goal by brarians, counselors, or other academic curity Disclosure Act of 2015 with Sen- encouraging publicly traded companies support professionals. ator COLLINS. In response to data to be more transparent to its investors The bill streamlines the account- breaches by various companies, which and customers on whether and how ability and reporting requirements for exposed the personal information of their Boards of Directors are teacher preparation programs to pro- millions of customers, this bill asks prioritizing cybersecurity. each publicly traded company to in- I thank Harvard Law School Pro- vide greater transparency on key qual- clude, in Securities and Exchange Com- fessor John Coates, MIT Professor ity measures such as admissions stand- mission, SEC, disclosures to investors, Simon Johnson, Columbia Law School ards, requirements for clinical prac- information on whether any member of Professor John Coffee, and the Con- tice, placement of graduates, retention the Board of Directors is a cybersecu- sumer Federation of America for their in the field of teaching, and teacher rity expert, and if not, why having this support, and I urge my colleagues to performance, including student learn- ing outcomes. All programs—whether expertise on the Board of Directors is join Senator COLLINS and me in sup- not necessary because of other cyberse- porting this legislation. traditional or alternative routes to cer- curity steps taken by the publicly trad- tification—will be asked to report on ed company. The legislation does not By Mr. REED (for himself and the same measures. require companies to take any actions Mr. CASEY): Under our legislation, states will be other than to provide this disclosure to S. 2419. A bill to improve quality and required to identify at-risk and low- its investors. accountability for educator prepara- performing programs and provide them Many investors may be surprised to tion programs; to the Committee on with technical assistance and a learn that board directors who partici- Health, Education, Labor, and Pen- timeline for improvement. States pated in National Association of Cor- sions. would be encouraged to close programs porate Directors roundtable discus- Mr. REED. Mr. President, we know that do not improve. sions on cybersecurity late in 2013 ad- that the quality of teachers and prin- We have been fortunate to work with mitted that ‘‘the lack of adequate cipals are two of the most important many stakeholders on this legislation. knowledge of information technology in-school factors related to student Organizations that have endorsed the risk has made it challenging for them achievement. If we want to improve Educator Preparation Reform Act in- to ‘effectively oversee management’s our schools, it is essential that teach- clude: the Alliance for Excellent Edu- cybersecurity activities.’ Participating ers, principals, and other educators cation, American Association of Col- board members also suggested that have a comprehensive system that sup- leges for Teacher Education, American

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.016 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8796 CONGRESSIONAL RECORD — SENATE December 17, 2015 Association of State Colleges and Uni- and would be an appropriate date to des- ‘‘(i) protects the health of children, preg- versities, American Council on Edu- ignate as ‘‘Darwin Day’’: Now, therefore, be nant women, the elderly, workers, con- cation, Association of American Uni- it sumers, the general public, and the environ- versities, Association of Jesuit Col- Resolved, That the Senate— ment from the risks of harmful exposures to (1) supports the designation of ‘‘Darwin chemical substances and mixtures; and leges and Universities, Association of Day’’; and ‘‘(ii) ensures that appropriate information Public and Land-grant Universities, (2) recognizes Charles Darwin as a worthy on chemical substances and mixtures is Council for Christian Colleges and Uni- symbol on which to celebrate the achieve- available to public health officials and first versities, First Focus Campaign for ments of reason, science, and the advance- responders in the event of an emergency; and Children, Higher Education Consor- ment of human knowledge. ‘‘(B) shall not displace or supplant common tium for Special Education, Hispanic f law rights of action or remedies for civil re- Association of Colleges and Univer- lief.’’. AMENDMENTS SUBMITTED AND sities, National Association of Elemen- SEC. 3. DEFINITIONS. PROPOSED tary School Principals, National Asso- Section 3 of the Toxic Substances Control ciation of Independent Colleges and SA 2932. Mr. INHOFE (for himself, Mr. Act (15 U.S.C. 2602) is amended— Universities, National Association of UDALL, and Mr. VITTER) proposed an amend- (1) by redesignating paragraphs (4), (5), (6), Secondary School Principals, National ment to the bill H.R. 2576, to modernize the (7), (8), (9), (10), (11), (12), (13), and (14) as Toxic Substances Control Act, and for other Association of State Directors of Spe- paragraphs (5), (6), (7), (8), (9), (10), (12), (13), purposes. (17), (18), and (19), respectively; cial Education, National Center for SA 2933. Mr. MCCONNELL (for Mr. ALEX- (2) by inserting after paragraph (3) the fol- Learning Disabilities, National Edu- ANDER) proposed an amendment to the bill S. lowing: cation Association, National Disabil- 227, to strengthen the Federal education re- ‘‘(4) CONDITIONS OF USE.—The term ‘condi- ities Rights Network, Public Advocacy search system to make research and evalua- tions of use’ means the intended, known, or for Kids, Rural School and Community tions more timely and relevant to State and reasonably foreseeable circumstances the Trust, and the Teacher Education Divi- local needs in order to increase student Administrator determines a chemical sub- sion of the Council for Exceptional achievement. stance is manufactured, processed, distrib- SA 2934. Mr. MCCONNELL (for Mr. KIRK) Children. uted in commerce, used, or disposed of.’’; proposed an amendment to the resolution S. (3) by inserting after paragraph (10) (as so I look forward to working to incor- Res. 148, condemning the Government of porate this legislation into the upcom- redesignated) the following: Iran’s state-sponsored persecution of its ‘‘(11) POTENTIALLY EXPOSED OR SUSCEPTIBLE ing reauthorization of the Higher Edu- Baha’i minority and its continued violation POPULATION.—The term ‘potentially exposed cation Act. I urge my colleagues to of the International Covenants on Human or susceptible population’ means 1 or more join us in this effort and support this Rights. groups— legislation. SA 2935. Mr. MCCONNELL (for Mr. KIRK) ‘‘(A) of individuals within the general pop- proposed an amendment to the resolution S. f ulation who may be— Res. 148, supra. ‘‘(i) differentially exposed to chemical sub- SUBMITTED RESOLUTIONS SA 2936. Mr. MCCONNELL (for Mr. CORKER stances under the conditions of use; or (for himself and Mr. SHELBY)) proposed an ‘‘(ii) susceptible to greater adverse health amendment to the bill H.R. 515, to protect consequences from chemical exposures than SENATE RESOLUTION 337—EX- children and others from sexual abuse and the general population; and PRESSING SUPPORT FOR THE exploitation, including sex trafficking and ‘‘(B) that when identified by the Adminis- sex tourism, by providing advance notice of trator may include such groups as infants, DESIGNATION OF FEBRUARY 12, intended travel by registered sex offenders 2016, AS ‘‘DARWIN DAY’’ AND children, pregnant women, workers, and the outside the United States to the government elderly.’’; and RECOGNIZING THE IMPORTANCE of the country of destination, requesting for- OF SCIENCE IN THE BETTER- (4) by inserting after paragraph (13) (as so eign governments to notify the United redesignated) the following: States when a known sex offender is seeking MENT OF HUMANITY ‘‘(14) SAFETY ASSESSMENT.—The term ‘safe- Mr. BLUMENTHAL submitted the to enter the United States, and for other pur- ty assessment’ means an assessment of the poses. risk posed by a chemical substance under the following resolution; which was re- SA 2937. Mr. MCCONNELL (for Mr. CARDIN) conditions of use, integrating hazard, use, ferred to the Committee on Commerce, proposed an amendment to the bill S. 284, to and exposure information regarding the Science, and Transportation: impose sanctions with respect to foreign per- chemical substance. S. RES. 337 sons responsible for gross violations of inter- ‘‘(15) SAFETY DETERMINATION.—The term nationally recognized human rights, and for Whereas Charles Darwin developed the the- ‘safety determination’ means a determina- other purposes. ory of evolution by the mechanism of nat- tion by the Administrator as to whether a ural selection, which, together with the f chemical substance meets the safety stand- monumental amount of scientific evidence TEXT OF AMENDMENTS ard under the conditions of use. Charles Darwin compiled to support the the- ‘‘(16) SAFETY STANDARD.—The term ‘safety ory, provides humanity with a logical and in- SA 2932. Mr. INHOFE (for himself, standard’ means a standard that ensures, tellectually compelling explanation for the Mr. UDALL, and Mr. VITTER) proposed without taking into consideration cost or diversity of life on Earth; an amendment to the bill H.R. 2576, to other nonrisk factors, that no unreasonable Whereas the validity of the theory of evo- modernize the Toxic Substances Con- risk of injury to health or the environment lution by natural selection developed by trol Act, and for other purposes; as fol- will result from exposure to a chemical sub- Charles Darwin is further strongly supported lows: stance under the conditions of use, including by the modern understanding of the science no unreasonable risk of injury to— of genetics; Strike all after the enacting clause and in- ‘‘(A) the general population; or Whereas it has been the human curiosity sert the following: ‘‘(B) any potentially exposed or susceptible and ingenuity exemplified by Charles Darwin SECTION 1. SHORT TITLE. population that the Administrator has iden- that has promoted new scientific discoveries This Act may be cited as the ‘‘Frank R. tified as relevant to the safety assessment that have helped humanity solve many prob- Lautenberg Chemical Safety for the 21st and safety determination for a chemical sub- lems and improve living conditions; Century Act’’. stance.’’. Whereas the advancement of science must SEC. 2. FINDINGS, POLICY, AND INTENT. SEC. 4. POLICIES, PROCEDURES, AND GUIDANCE. be protected from those unconcerned with Section 2(c) of the Toxic Substances Con- the adverse impacts of global warming and trol Act (15 U.S.C. 2601(c)) is amended— The Toxic Substances Control Act is climate change; (1) by striking ‘‘It is the intent’’ and in- amended by inserting after section 3 (15 Whereas the teaching of creationism in serting the following: U.S.C. 2602) the following: some public schools compromises the sci- ‘‘(1) ADMINISTRATION.—It is the intent’’; ‘‘SEC. 3A. POLICIES, PROCEDURES, AND GUID- entific and academic integrity of the edu- (2) in paragraph (1) (as so redesignated), by ANCE. cation systems of the United States; inserting ‘‘, as provided under this Act’’ be- ‘‘(a) DEFINITION OF GUIDANCE.—In this sec- Whereas Charles Darwin is a worthy sym- fore the period at the end; and tion, the term ‘guidance’ includes any sig- bol of scientific advancement on which to (3) by adding at the end the following: nificant written guidance of general applica- focus and around which to build a global ‘‘(2) REFORM.—This Act, including reforms bility prepared by the Administrator. celebration of science and humanity in- in accordance with the amendments made by ‘‘(b) DEADLINE.—Not later than 2 years tended to promote a common bond among all the Frank R. Lautenberg Chemical Safety after the date of enactment of the Frank R. the people of the Earth; and for the 21st Century Act— Lautenberg Chemical Safety for the 21st Whereas February 12, 2016, is the anniver- ‘‘(A) shall be administered in a manner Century Act, the Administrator shall de- sary of the birth of Charles Darwin in 1809 that— velop, after providing public notice and an

VerDate Sep 11 2014 06:32 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.023 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8797 opportunity for comment, any policies, pro- other requirement of this Act, or on a vol- garding the manner in which the Adminis- cedures, and guidance the Administrator de- untary basis, including pursuant to any re- trator shall carry out section 6. termines to be necessary to carry out sec- quest made under this Act, by— ‘‘(B) GOAL.—A goal of the policies and pro- tions 4, 4A, 5, and 6, including the policies, ‘‘(A) manufacturers or processors of a sub- cedures under this paragraph shall be to procedures, and guidance required by this stance; make the basis of decisions of the Adminis- section. ‘‘(B) the public; trator clear to the public. ‘‘(c) USE OF SCIENCE.— ‘‘(C) other Federal departments or agen- ‘‘(C) MINIMUM REQUIREMENTS.—The policies ‘‘(1) IN GENERAL.—The Administrator shall cies; or and procedures under this paragraph shall, establish policies, procedures, and guidance ‘‘(D) the Governor of a State or a State at a minimum— on the use of science in making decisions agency with responsibility for protecting ‘‘(i) describe— under sections 4, 4A, 5, and 6. health or the environment; ‘‘(I) the manner in which the Adminis- ‘‘(2) GOAL.—A goal of the policies, proce- ‘‘(2) submitted to a governmental entity in trator will identify informational needs and dures, and guidance described in paragraph any jurisdiction pursuant to a governmental seek that information from the public; (1) shall be to make the basis of decisions requirement relating to the protection of ‘‘(II) the information (including draft safe- clear to the public. health or the environment; or ty assessments) that may be submitted by ‘‘(3) REQUIREMENTS.—The policies, proce- ‘‘(3) identified through an active search by interested individuals or entities, including dures, and guidance issued under this section the Administrator of information sources States; and shall ensure that— that are publicly available or otherwise ac- ‘‘(III) the criteria by which information ‘‘(A) decisions made by the Adminis- cessible by the Administrator. submitted by interested individuals or enti- trator— ‘‘(g) TESTING OF CHEMICAL SUBSTANCES AND ties will be evaluated; ‘‘(i) are based on information, procedures, MIXTURES.— ‘‘(ii) require that each draft and final safe- measures, methods, and models employed in ‘‘(1) IN GENERAL.—The Administrator shall ty assessment and safety determination of a manner consistent with the best available establish policies, procedures, and guidance the Administrator include a description of— science; for the testing of chemical substances or ‘‘(I)(aa) the scope of the safety assessment ‘‘(ii) take into account the extent to mixtures under section 4. and safety determination to be conducted which— ‘‘(2) GOAL.—A goal of the policies, proce- under section 6, including the hazards, expo- ‘‘(I) assumptions and methods are clearly dures, and guidance established under para- sures, and conditions of use of the chemical graph (1) shall be to make the basis of deci- and completely described and documented; substance, and potentially exposed and sus- sions clear to the public. ‘‘(II) variability and uncertainty are evalu- ceptible populations that the Administrator ‘‘(3) CONTENTS.—The policies, procedures, ated and characterized; and has identified as relevant; and and guidance established under paragraph (1) ‘‘(III) the information has been subject to ‘‘(bb) the basis for the scope of the safety shall— independent verification and peer review; assessment and safety determination; ‘‘(A) address how and when the exposure and ‘‘(II) the manner in which aggregate expo- level or exposure potential of a chemical ‘‘(iii) are based on the weight of the sci- sures, or significant subsets of exposures, to substance would factor into decisions to re- entific evidence, by which the Administrator a chemical substance under the conditions of quire new testing, subject to the condition considers all information in a systematic use were considered, and the basis for that and integrative framework to consider the that the Administrator shall not interpret the lack of exposure information as a lack of consideration; relevance of different information; ‘‘(III) the weight of the scientific evidence ‘‘(B) to the extent practicable and if appro- exposure or exposure potential; and ‘‘(B) describe the manner in which the Ad- of risk; and priate, the use of peer review, standardized ‘‘(IV) the information regarding the impact test design and methods, consistent data ministrator will determine that additional information is necessary to carry out this on health and the environment of the chem- evaluation procedures, and good laboratory ical substance that was used to make the as- practices will be encouraged; Act, including information relating to poten- tially exposed or susceptible populations. sessment or determination, including, as ‘‘(C) a clear description of each individual available, mechanistic, animal toxicity, and and entity that funded the generation or as- ‘‘(4) EPIDEMIOLOGICAL STUDIES.—Before pre- scribing epidemiological studies of employ- epidemiology studies; sessment of information, and the degree of ‘‘(iii) establish a timely and transparent control those individuals and entities had ees, the Administrator shall consult with the Director of the National Institute for Occu- process for evaluating whether new informa- over the generation, assessment, and dis- tion submitted or obtained after the date of semination of information (including control pational Safety and Health. ‘‘(h) SAFETY ASSESSMENTS AND SAFETY DE- a final safety assessment or safety deter- over the design of the work and the publica- TERMINATIONS.— mination warrants reconsideration of the tion of information) is made available; and ‘‘(1) SCHEDULE.— safety assessment or safety determination; ‘‘(D) if appropriate, the recommendations ‘‘(A) IN GENERAL.—The Administrator shall and in reports of the National Academy of inform the public regarding the schedule and ‘‘(iv) when relevant information is pro- Sciences that provide advice regarding as- the resources necessary for the completion of vided or otherwise made available to the Ad- sessing the hazards, exposures, and risks of each safety assessment and safety deter- ministrator, require the Administrator to chemical substances are considered. mination as soon as practicable after des- consider the extent of Federal regulation ‘‘(d) EXISTING EPA POLICIES, PROCEDURES, ignation as a high-priority substance pursu- under other Federal laws. AND GUIDANCE.—The policies, procedures, ‘‘(D) GUIDANCE.— and guidance described in subsection (b) ant to section 4A. ‘‘(B) DIFFERING TIMES.—The Administrator ‘‘(i) IN GENERAL.—Not later than 1 year shall incorporate existing relevant policies, after the date of enactment of the Frank R. procedures, and guidance, as appropriate and may allot different times for different chem- ical substances in the schedules under this Lautenberg Chemical Safety for the 21st consistent with this Act. Century Act, the Administrator shall de- ‘‘(e) REVIEW.—Not later than 5 years after paragraph, subject to the condition that all velop guidance to assist interested persons in the date of enactment of the Frank R. Lau- schedules shall comply with the deadlines es- developing their own draft safety assess- tenberg Chemical Safety for the 21st Century tablished under section 6. ments and other information for submission Act, and not less frequently than once every ‘‘(C) ANNUAL PLAN.— 5 years thereafter, the Administrator shall— ‘‘(i) IN GENERAL.—At the beginning of each to the Administrator, which may be consid- ‘‘(1) review the adequacy of any policies, calendar year, the Administrator shall pub- ered by the Administrator. EQUIREMENT.—The guidance shall, at procedures, and guidance developed under lish an annual plan. ‘‘(ii) R a minimum, address the quality of the infor- this section, including animal, nonanimal, ‘‘(ii) INCLUSIONS.—The annual plan shall— mation submitted and the process to be fol- and epidemiological test methods and proce- ‘‘(I) identify the substances subject to safe- lowed in developing a draft safety assess- dures for assessing and determining risk ty assessments and safety determinations to ment for consideration by the Adminis- under this Act; and be completed that year; trator. ‘‘(2) after providing public notice and an ‘‘(II) describe the status of each safety as- opportunity for comment, revise the poli- sessment and safety determination that has ‘‘(i) PUBLICLY AVAILABLE INFORMATION.— cies, procedures, and guidance if necessary to been initiated but not yet completed, includ- Subject to section 14, the Administrator reflect new scientific developments or under- ing milestones achieved since the previous shall— standings. annual report; and ‘‘(1) make publicly available a nontech- ‘‘(f) SOURCES OF INFORMATION.—In carrying ‘‘(III) if the schedule for completion of a nical summary, and the final version, of each out sections 4, 4A, 5, and 6, the Adminis- safety assessment and safety determination safety assessment and safety determination; trator shall take into consideration informa- prepared pursuant to subparagraph (A) has ‘‘(2) provide public notice and an oppor- tion relating to a chemical substance, in- changed, include an updated schedule for tunity for comment on each proposed safety cluding hazard and exposure information, that safety assessment and safety deter- assessment and safety determination; and under the conditions of use that is reason- mination. ‘‘(3) make public in a final safety assess- ably available to the Administrator, includ- ‘‘(2) POLICIES AND PROCEDURES FOR SAFETY ment and safety determination— ing information that is— ASSESSMENTS AND SAFETY DETERMINATIONS.— ‘‘(A) the list of studies considered by the ‘‘(1) submitted to the Administrator pursu- ‘‘(A) IN GENERAL.—The Administrator shall Administrator in carrying out the safety as- ant to any rule, consent agreement, order, or establish, by rule, policies and procedures re- sessment or safety determination; and

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‘‘(B) the list of policies, procedures, and ministrator determines that additional in- ‘‘(c) REDUCTION OF TESTING ON guidance that were followed in carrying out formation is necessary to establish the pri- VERTEBRATES.— the safety assessment or safety determina- ority of a chemical substance. ‘‘(1) IN GENERAL.—The Administrator shall tion. ‘‘(3) FORM.—The Administrator may re- minimize, to the extent practicable, the use ‘‘(j) CONSULTATION WITH SCIENCE ADVISORY quire the development of information de- of vertebrate animals in testing of chemical COMMITTEE ON CHEMICALS.— scribed in paragraph (1) or (2) by— substances or mixtures, by— ‘‘(1) ESTABLISHMENT.—Not later than 1 year ‘‘(A) promulgating a rule; ‘‘(A) prior to making a request or adopting after the date of enactment of this section, ‘‘(B) entering into a testing consent agree- a requirement for testing using vertebrate the Administrator shall establish an advi- ment; or animals, taking into consideration, as appro- sory committee, to be known as the ‘Science ‘‘(C) issuing an order. priate and to the extent practicable, reason- Advisory Committee on Chemicals’ (referred ‘‘(4) CONTENTS.— ably available— to in this subsection as the ‘Committee’). ‘‘(A) IN GENERAL.—A rule, testing consent ‘‘(i) toxicity information; ‘‘(2) PURPOSE.—The purpose of the Com- agreement, or order issued under this sub- ‘‘(ii) computational toxicology and mittee shall be to provide independent ad- section shall include— bioinformatics; vice and expert consultation, on the request ‘‘(i) identification of the chemical sub- ‘‘(iii) high-throughput screening methods of the Administrator, with respect to the sci- stance or mixture for which testing is re- and the prediction models of those methods; entific and technical aspects of issues relat- quired; and ing to the implementation of this title. ‘‘(ii) identification of the persons required ‘‘(iv) scientifically reliable and relevant al- ‘‘(3) COMPOSITION.—The Committee shall be to conduct the testing; ternatives to tests on animals that would composed of representatives of such science, ‘‘(iii) test protocols and methodologies for provide equivalent information; government, labor, public health, public in- the development of information for the ‘‘(B) encouraging and facilitating— terest, animal protection, industry, and chemical substance or mixture, including ‘‘(i) the use of integrated and tiered testing other groups as the Administrator deter- specific reference to any reliable nonanimal and assessment strategies; mines to be advisable, including, at a min- test procedures; and ‘‘(ii) the use of best available science in ex- imum, representatives that have specific sci- ‘‘(iv) specification of the period within istence on the date on which the test is con- entific expertise in the relationship of chem- which individuals and entities required to ducted; ical exposures to women, children, and other conduct the testing shall submit to the Ad- ‘‘(iii) the use of test methods that elimi- potentially exposed or susceptible popu- ministrator the information developed in ac- nate or reduce the use of animals while pro- lations. cordance with the procedures described in viding information of high scientific quality; ‘‘(4) SCHEDULE.—The Administrator shall clause (iii). ‘‘(iv) the grouping of 2 or more chemical convene the Committee in accordance with ‘‘(B) CONSIDERATIONS.—In determining the substances into scientifically appropriate such schedule as the Administrator deter- procedures and period to be required under categories in cases in which testing of a mines to be appropriate, but not less fre- subparagraph (A), the Administrator shall chemical substance would provide reliable quently than once every 2 years. take into consideration— and useful information on other chemical ‘‘(5) RELATIONSHIP TO OTHER LAW.—All pro- ‘‘(i) the relative costs of the various test substances in the category; ceedings and meetings of the Committee protocols and methodologies that may be re- ‘‘(v) the formation of industry consortia to shall be subject to the Federal Advisory quired; jointly conduct testing to avoid unnecessary Committee Act (5 U.S.C. App.).’’. ‘‘(ii) the reasonably foreseeable avail- duplication of tests; and SEC. 5. TESTING OF CHEMICAL SUBSTANCES OR ability of facilities and personnel required to ‘‘(vi) the submission of information from— MIXTURES. perform the testing; and ‘‘(I) animal-based studies; and (a) IN GENERAL.—Section 4 of the Toxic ‘‘(iii) the deadlines applicable to the Ad- ‘‘(II) emerging methods and models; and Substances Control Act (15 U.S.C. 2603) is ministrator under section 6(a). ‘‘(C) funding research and validation stud- amended— ‘‘(5) CONSIDERATION OF FEDERAL AGENCY ies to reduce, refine, and replace the use of (1) by striking subsections (a), (b), (c), (d), RECOMMENDATIONS.—The Administrator shall animal tests in accordance with this sub- (e), and (g); consider the recommendations of other Fed- section. (2) in subsection (f)— eral agencies regarding the chemical sub- ‘‘(2) IMPLEMENTATION OF ALTERNATIVE TEST- (A) in the first sentence— stances and mixtures to which the Adminis- ING METHODS.—To promote the development (i) by striking ‘‘from cancer, gene trator shall give priority consideration and timely incorporation of new testing mutations, or birth defects’’; and under this section. methods that are not based on vertebrate (ii) by inserting ‘‘, without taking into ac- ‘‘(b) STATEMENT OF NEED.— animals, the Administrator shall— count cost or other nonrisk factors’’ before ‘‘(1) IN GENERAL.—In promulgating a rule, ‘‘(A) not later than 2 years after the date of the period at the end; and entering into a testing consent agreement, enactment of the Frank R. Lautenberg (B) by striking the last sentence; and or issuing an order for the development of Chemical Safety for the 21st Century Act, (3) by inserting before subsection (f) the additional information (including informa- develop a strategic plan to promote the de- following: tion on exposure or exposure potential) pur- velopment and implementation of alter- ‘‘(a) DEVELOPMENT OF NEW INFORMATION ON suant to this section, the Administrator native test methods and testing strategies to CHEMICAL SUBSTANCES AND MIXTURES.— shall— generate information under this title that ‘‘(1) IN GENERAL.—The Administrator may ‘‘(A) identify the need intended to be met can reduce, refine, or replace the use of require the development of new information by the rule, agreement, or order; vertebrate animals, including toxicity path- relating to a chemical substance or mixture ‘‘(B) explain why information reasonably way-based risk assessment, in vitro studies, in accordance with this section if the Admin- available to the Administrator at that time systems biology, computational toxicology, istrator determines that the information is is inadequate to meet that need, including a bioinformatics, and high-throughput screen- necessary— reference, as appropriate, to the information ing; ‘‘(A) to review a notice under section 5(d) identified in paragraph (2)(B); and ‘‘(B) as practicable, ensure that the stra- or to perform a safety assessment or safety ‘‘(C) explain the basis for any decision that tegic plan developed under subparagraph (A) determination under section 6; requires the use of vertebrate animals. is reflected in the development of require- ‘‘(B) to implement a requirement imposed ‘‘(2) EXPLANATION IN CASE OF ORDER.— ments for testing under this section; in a consent agreement or order issued under ‘‘(A) IN GENERAL.—If the Administrator ‘‘(C) identify in the strategic plan devel- section 5(d)(4) or under a rule promulgated issues an order under this section, the Ad- oped under subparagraph (A) particular al- under section 6(d)(3); ministrator shall issue a statement pro- ternative test methods or testing strategies ‘‘(C) pursuant to section 12(a)(4); or viding a justification for why issuance of an that do not require new vertebrate animal ‘‘(D) at the request of the implementing order is warranted instead of promulgating a testing and are scientifically reliable, rel- authority under another Federal law, to rule or entering into a testing consent agree- evant, and capable of providing information meet the regulatory testing needs of that au- ment. of equivalent scientific reliability and qual- thority. ‘‘(B) CONTENTS.—A statement described in ity to that which would be obtained from ‘‘(2) LIMITED TESTING FOR PRIORITIZATION subparagraph (A) shall contain a description vertebrate animal testing; PURPOSES.— of— ‘‘(D) provide an opportunity for public no- ‘‘(A) IN GENERAL.—Except as provided in ‘‘(i) information that is readily accessible tice and comment on the contents of the subparagraph (B), the Administrator may re- to the Administrator, including information plan developed under subparagraph (A), in- quire the development of new information submitted under any other provision of law; cluding the criteria for considering scientific for the purposes of section 4A. ‘‘(ii) the extent to which the Administrator reliability, relevance, and equivalent infor- ‘‘(B) PROHIBITION.—Testing required under has obtained or attempted to obtain the in- mation and the test methods and strategies subparagraph (A) shall not be required for formation through voluntary submissions; identified in subparagraph (C); the purpose of establishing or implementing and ‘‘(E) beginning on the date that is 5 years a minimum information requirement. ‘‘(iii) any information relied on in safety after the date of enactment of the Frank R. ‘‘(C) LIMITATION.—The Administrator may assessments for other chemical substances Lautenberg Chemical Safety for the 21st require the development of new information relevant to the chemical substances that Century Act and every 5 years thereafter, pursuant to subparagraph (A) only if the Ad- would be the subject of the order. submit to Congress a report that describes

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Lautenberg stance or mixture or other toxicokinetic to provide to the person designated under Chemical Safety for the 21st Century Act)’’ considerations— paragraph (2) fair and equitable reimburse- after ‘‘Toxic Substances Control Act’’. ‘‘(i) the substance cannot be absorbed; or ment, as agreed to between the applicant and SEC. 6. PRIORITIZATION SCREENING. ‘‘(ii) testing for a specific endpoint is tech- the designee. The Toxic Substances Control Act is nically not practicable to conduct; or ‘‘(ii) ARBITRATION.—If the applicant and a amended by inserting after section 4 (15 ‘‘(C) a chemical substance or mixture can- person designated under paragraph (2) can- U.S.C. 2603) the following: not be tested in vertebrate animals at con- not reach agreement on the amount of fair centrations that do not result in significant and equitable reimbursement, the amount ‘‘SEC. 4A. PRIORITIZATION SCREENING. pain or distress, because of physical or chem- shall be determined by arbitration. ‘‘(a) PRIORITIZATION SCREENING PROCESS ical properties of the chemical substance or ‘‘(iii) REIMBURSEMENT PERIOD.—For the AND LIST OF SUBSTANCES.— mixture, such as a potential to cause severe purposes of this subparagraph, the reim- ‘‘(1) IN GENERAL.—Not later than 1 year corrosion or severe irritation to the tissues bursement period for any information for a after the date of enactment of this section, of the animal. chemical substance or mixture is a period— the Administrator shall establish, by rule, a ‘‘(4) VOLUNTARY TESTING.— ‘‘(I) beginning on the date the information risk-based screening process and criteria for ‘‘(A) IN GENERAL.—Any person developing is submitted in accordance with a rule, test- identifying existing chemical substances information for submission under this title ing consent agreement, or order under this that are— on a voluntary basis and not pursuant to any section; and ‘‘(A) a high priority for a safety assess- request or requirement by the Administrator ‘‘(II) ending on the later of— ment and safety determination under section shall first attempt to develop the informa- ‘‘(aa) 5 years after the date referred to in 6 (referred to in this Act as ‘high-priority tion by means of an alternative or non- subclause (I); or substances’); and animal test method or testing strategy that ‘‘(bb) the last day of the period that begins ‘‘(B) a low priority for a safety assessment the Administrator has determined under on the date referred to in subclause (I) and and safety determination (referred to in this paragraph (2)(C) to be scientifically reliable, that is equal to the period that the Adminis- Act as ‘low-priority substances’). relevant, and capable of providing equivalent trator determines was necessary to develop ‘‘(2) INITIAL AND SUBSEQUENT LISTS OF HIGH- information, before conducting new animal the information. AND LOW-PRIORITY SUBSTANCES.— testing. ‘‘(C) TERMINATION.—If, after granting an ‘‘(A) IN GENERAL.—Before the date of pro- ‘‘(B) EFFECT OF PARAGRAPH.—Nothing in exemption under this paragraph, the Admin- mulgation of the rule under paragraph (1) this paragraph— istrator determines that no person des- and not later than 180 days after the date of ‘‘(i) requires the Administrator to review ignated under paragraph (2) has complied enactment of this section, the Administrator the basis on which the person is conducting with the rule, testing consent agreement, or shall publish an initial list of high-priority testing described in subparagraph (A); order, the Administrator shall— substances and low-priority substances. ‘‘(ii) prohibits the use of other test meth- ‘‘(i) by order, terminate the exemption; ‘‘(B) REQUIREMENTS.— ods or testing strategies by any person for and ‘‘(i) IN GENERAL.—The initial list of chem- purposes other than developing information ‘‘(ii) notify in writing each person that re- ical substances shall contain at least 10 high- for submission under this title on a vol- ceived an exemption of the requirements priority substances, at least 5 of which are untary basis; or with respect to which the exemption was drawn from the list of chemical substances ‘‘(iii) prohibits the use of other test meth- granted. identified by the Administrator in the Octo- ods or testing strategies by any person, sub- ‘‘(4) TIERED TESTING.— ber 2014 TSCA Work Plan and subsequent up- sequent to the attempt to develop informa- ‘‘(A) IN GENERAL.—Except as provided in dates, and at least 10 low-priority sub- tion using the test methods and testing subparagraph (D), the Administrator shall stances. strategies identified by the Administrator employ a tiered screening and testing proc- ‘‘(ii) SUBSEQUENTLY IDENTIFIED SUB- under paragraph (2)(C). ess, under which the results of screening- STANCES.—Insofar as possible, at least 50 per- ‘‘(d) TESTING REQUIREMENTS.— level tests or assessments of available infor- cent of all substances subsequently identi- ‘‘(1) IN GENERAL.—The Administrator may mation inform the decision as to whether 1 fied by the Administrator as high-priority require the development of information by— or more additional tests are necessary. substances shall be drawn from the list of ‘‘(A) manufacturers and processors of the ‘‘(B) SCREENING-LEVEL TESTS.— chemical substances identified by the Ad- chemical substance or mixture; and ‘‘(i) IN GENERAL.—The screening-level tests ministrator in the October 2014 TSCA Work ‘‘(B) persons that begin to manufacture or required for a chemical substance or mixture Plan and subsequent updates, until all Work process the chemical substance or mixture may include tests for hazard (which may in- Plan chemicals have been designated under after the effective date of the rule, testing clude in silico, in vitro, and in vivo tests), this subsection. consent agreement, or order. environmental and biological fate and trans- ‘‘(iii) PREFERENCES.— ‘‘(2) DESIGNATION.—The Administrator may port, and measurements or modeling of expo- ‘‘(I) IN GENERAL.—In developing the initial permit 2 or more persons identified in sub- sure or exposure potential, as appropriate. list and in identifying additional high-pri- paragraph (A) or (B) of paragraph (1) to des- ‘‘(ii) USE.—Screening-level tests shall be ority substances, the Administrator shall ignate 1 of the persons or a qualified third used— give preference to— party— ‘‘(I) to screen chemical substances or mix- ‘‘(aa) chemical substances that, with re- ‘‘(A) to develop the information; and tures for potential adverse effects; and spect to persistence and bioaccumulation,

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score high for 1 and either high or moderate ‘‘(B) TIMELY COMPLETION OF PRIORITIZATION ‘‘(G) the availability of information re- for the other, pursuant to the TSCA Work SCREENING PROCESS.— garding potential hazards and exposures re- Plan Chemicals Methods Document pub- ‘‘(i) IN GENERAL.—The Administrator quired for conducting a safety assessment or lished by the Administrator in February shall— safety determination, with limited avail- 2012; and ‘‘(I) except as provided under paragraph (2), ability of relevant information to be a suffi- ‘‘(bb) chemical substances listed in the Oc- not later than 180 days after the effective cient basis for designating a chemical sub- tober 2014 TSCA Work Plan and subsequent date of the final rule under paragraph (1), stance as a high-priority substance, subject updates that are known human carcinogens begin the prioritization screening process; to the condition that limited availability and have high acute and chronic toxicity. and shall not require designation as a high-pri- ‘‘(II) METALS AND METAL COMPOUNDS.—In ‘‘(II) make every effort to complete the ority substance; and prioritizing and assessing metals and metal designation of all active substances as high- ‘‘(H) the extent of Federal or State regula- compounds, the Administrator shall use the priority substances or low-priority sub- tion of the chemical substance or the extent Framework for Metals Risk Assessment of stances in a timely manner. of the impact of State regulation of the the Office of the Science Advisor, Risk As- ‘‘(ii) DECISIONS ON SUBSTANCES SUBJECT TO chemical substance on the United States, sessment Forum, and dated March 2007 (or a TESTING FOR PRIORITIZATION PURPOSES.—Not with existing Federal or State regulation of successor document), and may use other ap- later than 90 days after the date of receipt of any uses evaluated in the prioritization plicable information consistent with the best information regarding a chemical substance screening process as a factor in designating a available science. complying with a rule, testing consent chemical substance to be a high-priority or a agreement, or order issued under section ‘‘(C) ADDITIONAL CHEMICAL REVIEWS.—The low-priority substance. 4(a)(2), the Administrator shall designate the Administrator shall, as soon as practicable ‘‘(b) PRIORITIZATION SCREENING PROCESS chemical substance as a high-priority sub- and not later than— AND DECISIONS.— stance or low-priority substance. ‘‘(i) 3 years after the date of enactment of ‘‘(1) IN GENERAL.—In implementing the ‘‘(iii) CONSIDERATION.— the Frank R. Lautenberg Chemical Safety prioritization screening process developed ‘‘(I) IN GENERAL.—The Administrator shall for the 21st Century Act, add additional under subsection (a), the Administrator screen substances and designate high-pri- shall— high-priority substances sufficient to ensure ority substances consistent with the ability that at least a total of 20 high-priority sub- of the Administrator to schedule and com- ‘‘(A) identify the chemical substances stances have undergone or are undergoing plete safety assessments and safety deter- being considered for prioritization; the process established in section 6(a), and minations under section 6 in accordance with ‘‘(B) request interested persons to supply additional low-priority substances sufficient the deadlines under subsection (a) of that information regarding the chemical sub- to ensure that at least a total of 20 low-pri- section. stances being considered; ority substances have been designated; and ‘‘(II) ANNUAL GOAL.—The Administrator ‘‘(C) apply the criteria identified in sub- ‘‘(ii) 5 years after the date of enactment of shall publish an annual goal for the number section (a)(4); and the Frank R. Lautenberg Chemical Safety of chemical substances to be subject to the ‘‘(D) subject to paragraph (5) and using the for the 21st Century Act, add additional prioritization screening process. information available to the Administrator high-priority substances sufficient to ensure ‘‘(C) SCREENING OF CATEGORIES OF SUB- at the time of the decision, identify a chem- that at least a total of 25 high-priority sub- STANCES.—The Administrator may screen ical substance as a high-priority substance stances have undergone or are undergoing categories of chemical substances to ensure or a low-priority substance. the process established in section 6(a), and an efficient prioritization screening process ‘‘(2) REASONABLY AVAILABLE INFORMA- additional low-priority substances sufficient to allow for timely and adequate designa- TION.—The prioritization screening decision to ensure that at least a total of 25 low-pri- tions of high-priority substances and low-pri- regarding a chemical substance shall con- ority substances have been designated. ority substances and safety assessments and sider any hazard and exposure information ‘‘(3) IMPLEMENTATION.— safety determinations for high-priority sub- relating to the chemical substance that is ‘‘(A) CONSIDERATION OF ACTIVE AND INAC- stances. reasonably available to the Administrator. TIVE SUBSTANCES.— ‘‘(D) PUBLICATION OF LIST OF CHEMICAL SUB- ‘‘(3) IDENTIFICATION OF HIGH-PRIORITY SUB- ‘‘(i) ACTIVE SUBSTANCES.—In implementing STANCES.—The Administrator shall keep cur- STANCES.—The Administrator— the prioritization screening process estab- rent and publish a list of chemical sub- ‘‘(A) shall identify as a high-priority sub- lished under paragraph (1), the Adminis- stances that includes and identifies sub- stance a chemical substance that, relative to trator shall take into consideration active stances— other active chemical substances, the Ad- substances, as determined under section 8, ‘‘(i) that are being considered in the ministrator determines has the potential for which may include chemical substances on prioritization screening process and the sta- significant hazard and significant exposure; the interim list of active substances estab- tus of the substances in the prioritization ‘‘(B) may identify as a high-priority sub- lished under that section. process; stance a chemical substance that, relative to ‘‘(ii) INACTIVE SUBSTANCES.—In imple- ‘‘(ii) for which prioritization decisions other active chemical substances, the Ad- menting the prioritization screening process have been postponed pursuant to subsection ministrator determines has the potential for established under paragraph (1), the Admin- (b)(5), including the basis for the postpone- significant hazard or significant exposure; istrator may take into consideration inac- ment; and and tive substances, as determined under section ‘‘(iii) that are designated as high-priority ‘‘(C) may identify as a high-priority sub- 8, that the Administrator determines— substances or low-priority substances, in- stance an inactive substance, as determined ‘‘(I)(aa) have not been subject to a regu- cluding the bases for such designations. under subsection (a)(3)(A)(ii) and section latory or other enforceable action by the Ad- ‘‘(4) CRITERIA.—The criteria described in 8(b), that the Administrator determines war- ministrator to ban or phase out the sub- paragraph (1) shall account for— rants a safety assessment and safety deter- stances; and ‘‘(A) the recommendation of the Governor mination under section 6. ‘‘(bb) have the potential for high hazard of a State or a State agency with responsi- ‘‘(4) IDENTIFICATION OF LOW-PRIORITY SUB- and widespread exposure; or bility for protecting health or the environ- STANCES.—The Administrator shall identify ‘‘(II)(aa) have been subject to a regulatory ment from chemical substances appropriate as a low-priority substance a chemical sub- or other enforceable action by the Adminis- for prioritization screening; stance that the Administrator concludes has trator to ban or phase out the substances; ‘‘(B) the hazard and exposure potential of information sufficient to establish that the and the chemical substance (or category of sub- chemical substance is likely to meet the ‘‘(bb) with respect to which there exists stances), including persistence, bioaccumula- safety standard. the potential for residual high hazards or tion, and specific scientific classifications ‘‘(5) POSTPONING A DECISION.—If the Admin- widespread exposures not otherwise ad- and designations by authoritative govern- istrator determines that additional informa- dressed by the regulatory or other action. mental entities; tion is needed to establish the priority of a ‘‘(iii) REPOPULATION.— ‘‘(C) the conditions of use or significant chemical substance under this section, the ‘‘(I) IN GENERAL.—On the completion of a changes in the conditions of use of the chem- Administrator may postpone a prioritization safety determination under section 6 for a ical substance; screening decision for a reasonable period— chemical substance, the Administrator shall ‘‘(D) evidence and indicators of exposure ‘‘(A) to allow for the submission of addi- remove the chemical substance from the list potential to humans or the environment tional information by an interested person of high-priority substances established under from the chemical substance, including po- and for the Administrator to evaluate the this subsection. tentially exposed or susceptible populations additional information; or ‘‘(II) ADDITIONS.—The Administrator shall and storage near significant sources of ‘‘(B) to require the development of infor- add at least 1 chemical substance to the list drinking water; mation pursuant to a rule, testing consent of high-priority substances for each chemical ‘‘(E) the volume of a chemical substance agreement, or order issued under section substance removed from the list of high-pri- manufactured or processed; 4(a)(2). ority substances established under this sub- ‘‘(F) whether the volume of a chemical sub- ‘‘(6) DEADLINES FOR SUBMISSION OF INFOR- section, until a safety assessment and safety stance as reported pursuant to a rule pro- MATION.—If the Administrator requests the determination is completed for all chemical mulgated pursuant to section 8(a) has sig- development or submission of information substances not designated as high-priority. nificantly increased or decreased; under this section, the Administrator shall

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.027 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8801 establish a deadline for submission of the in- section expires but before the date on which pursuant to paragraph (1) is not less than 25 formation. the Administrator publishes the safety de- percent, or more than 30 percent, of the cu- ‘‘(7) NOTICE AND COMMENT.—The Adminis- termination under that subsection, the Gov- mulative number of substances designated to trator shall— ernor or State agency with responsibility for undergo safety assessments and safety deter- ‘‘(A) publish, including in the Federal Reg- implementing the statute or administrative minations under subsections (a)(2) and (b)(3) ister, the proposed decisions made under action shall— (except that if less than 25 percent are re- paragraphs (3), (4), and (5) and the basis for ‘‘(i) notify the Administrator; and ceived by the Administrator, the Adminis- the decisions; ‘‘(ii) provide the scientific and legal basis trator shall grant each request that meets ‘‘(B) identify the information and analysis for the action. the requirements of paragraph (1)); on which the decisions are based; and ‘‘(E) AVAILABILITY TO PUBLIC.—Subject to ‘‘(B) the resources allocated to conducting ‘‘(C) provide 90 days for public comment. section 14 and any applicable State law re- safety assessments and safety determina- ‘‘(8) REVISIONS OF PRIOR DESIGNATIONS.— garding the protection of confidential infor- tions for additional priorities designated ‘‘(A) IN GENERAL.—At any time, the Admin- mation provided to the State or to the Ad- under this subsection are proportionate to istrator may revise the designation of a ministrator, the Administrator shall make the number of such substances relative to chemical substance as a high-priority sub- information received from a Governor or the total number of substances currently stance or a low-priority substance based on State agency under subparagraph (A) pub- designated to undergo safety assessments information available to the Administrator licly available. and safety determinations under this sec- after the date of the determination under ‘‘(F) EFFECT OF PARAGRAPH.—Nothing in tion; and paragraph (3) or (4). this paragraph shall preempt a State statute ‘‘(C) the number of additional priority re- ‘‘(B) LIMITED AVAILABILITY.—If limited or administrative action, require approval of quests stipulated under subparagraph (A) is availability of relevant information was a a State statute or administrative action, or in addition to the total number of high-pri- basis in the designation of a chemical sub- apply section 15 to a State. ority substances identified under subsections stance as a high-priority substance, the Ad- ‘‘(10) REVIEW.—Not less frequently than (a)(2) and (b)(3). ministrator shall reevaluate the once every 5 years after the date on which ‘‘(3) ADDITIONAL REVIEW OF WORK PLAN prioritization screening of the chemical sub- the process under this subsection is estab- CHEMICALS FOR SAFETY ASSESSMENT AND stance on receiving the relevant informa- lished, the Administrator shall— SAFETY DETERMINATION.—In the case of a re- tion. ‘‘(A) review the process on the basis of ex- quest under paragraph (1) with respect to a ‘‘(9) OTHER INFORMATION RELEVANT TO perience and taking into consideration re- chemical substance identified by the Admin- PRIORITIZATION.— sources available to efficiently and effec- istrator in the October 2014 TSCA Work ‘‘(A) IN GENERAL.—If, after the date of en- tively screen and prioritize chemical sub- Plan— actment of the Frank R. Lautenberg Chem- stances; and ‘‘(A) the 30-percent cap specified in para- ical Safety for the 21st Century Act, a State ‘‘(B) if necessary, modify the prioritization graph (2)(A) shall not apply and the addition proposes an administrative action or enacts screening process. of Work Plan chemicals shall be at the dis- a statute or takes an administrative action ‘‘(11) EFFECT.—Subject to section 18, a des- cretion of the Administrator; and to prohibit or otherwise restrict the manu- ignation by the Administrator under this ‘‘(B) notwithstanding paragraph (1)(C), re- facturing, processing, distribution in com- section with respect to a chemical substance quests for additional Work Plan chemicals merce, or use of a chemical substance that shall not affect— under this subsection shall be considered the Administrator has not designated as a ‘‘(A) the manufacture, processing, distribu- high-priority chemicals subject to section high-priority substance, the Governor or tion in commerce, use, or disposal of the 18(b) but not subsection (a)(3)(A)(iii). State agency with responsibility for imple- chemical substance; or ‘‘(4) REQUIREMENTS.— menting the statute or administrative action ‘‘(B) the regulation of those activities. ‘‘(A) IN GENERAL.—The public shall be pro- shall notify the Administrator. ‘‘(c) ADDITIONAL PRIORITIES FOR SAFETY vided notice and an opportunity to comment ‘‘(B) REQUESTS FOR INFORMATION.—Fol- ASSESSMENTS AND DETERMINATIONS.— on requests submitted under this subsection. lowing receipt of a notification provided ‘‘(1) REQUIREMENTS.— ‘‘(B) DECISION BY ADMINISTRATOR.—Not under subparagraph (A), the Administrator ‘‘(A) IN GENERAL.—The rule promulgated later than 180 days after the date on which may request any available information from under subsection (a) shall— the Administrator receives a request under the Governor or the State agency with re- ‘‘(i) include a process by which a manufac- this subsection, the Administrator shall de- spect to— turer or processor of an active chemical sub- cide whether or not to grant the request. ‘‘(i) scientific evidence related to the haz- stance that has not been designated a high- ‘‘(C) ASSESSMENT AND DETERMINATION.—If ards, exposures and risks of the chemical priority substance or is not in the process of the Administrator grants a request under substance under the conditions of use which a prioritization screening by the Adminis- this subsection, the safety assessment and the statute or administrative action is in- trator, may request that the Administrator safety determination— tended to address; designate the substance as an additional pri- ‘‘(i) shall be conducted in accordance with ‘‘(ii) any State or local conditions which ority for a safety assessment and safety de- the deadlines and other requirements of sec- warranted the statute or administrative ac- termination, subject to the payment of fees tions 3A(i) and 6; and tion; pursuant to section 26(b)(3)(D); ‘‘(ii) shall not be expedited or otherwise ‘‘(iii) the statutory or administrative au- ‘‘(ii) specify the information to be provided subject to special treatment relative to high- thority on which the action is based; and in such requests; and priority substances designated pursuant to ‘‘(iv) any other available information rel- ‘‘(iii) specify the criteria (which may in- subsection (b)(3) that are undergoing safety evant to the prohibition or other restriction, clude criteria identified in subsection (a)(4)) assessments and safety determinations.’’. including information on any alternatives that the Administrator shall use to deter- SEC. 7. NEW CHEMICALS AND SIGNIFICANT NEW considered and their hazards, exposures, and mine whether or not to grant such a request, USES. risks. which shall include whether the substance is Section 5 of the Toxic Substances Control ‘‘(C) PRIORITIZATION SCREENING.—The Ad- subject to restrictions imposed by statutes Act (15 U.S.C. 2604) is amended— ministrator shall conduct a prioritization enacted or administrative actions taken by 1 (1) by striking the section designation and screening under this subsection for all sub- or more States on the manufacture, proc- heading and inserting the following: stances that— essing, distribution in commerce, or use of ‘‘SEC. 5. NEW CHEMICALS AND SIGNIFICANT NEW ‘‘(i) are the subject of notifications re- the substance. USES.’’; ceived under subparagraph (A); and ‘‘(B) PREFERENCE.—Subject to paragraph (2) by striking subsection (b); ‘‘(ii) the Administrator determines— (2), in deciding whether to grant requests (3) by redesignating subsection (a) as sub- ‘‘(I) are likely to have significant health or under this subsection the Administrator section (b); environmental impacts; shall give a preference to requests con- (4) by redesignating subsection (i) as sub- ‘‘(II) are likely to have significant impact cerning substances for which the Adminis- section (a) and moving the subsection so as on interstate commerce; or trator determines that restrictions imposed to appear at the beginning of the section; ‘‘(III) have been subject to a prohibition or by 1 or more States have the potential to (5) in subsection (b) (as so redesignated)— other restriction under a statute or adminis- have a significant impact on interstate com- (A) in the subsection heading, by striking trative action in 2 or more States. merce or health or the environment. ‘‘IN GENERAL’’ and inserting ‘‘NOTICES’’; ‘‘(D) POST-PRIORITIZATION NOTICE.—If, after ‘‘(C) EXCEPTIONS.—Chemical substances for (B) in paragraph (1)— the date of enactment of the Frank R. Lau- which requests have been granted under this (i) in the matter preceding subparagraph tenberg Chemical Safety for the 21st Century subsection shall not be subject to subsection (A), by striking ‘‘subsection (h)’’ and insert- Act, a State proposes or takes an adminis- (a)(3)(A)(iii) or section 18(b). ing ‘‘paragraph (3) and subsection (h)’’; and trative action or enacts a statute to prohibit ‘‘(2) LIMITATIONS.—In considering whether (ii) in the matter following subparagraph or otherwise restrict the manufacturing, to grant a request submitted under para- (B)— processing, distribution in commerce, or use graph (1), the Administrator shall ensure (I) by striking ‘‘subsection (d)’’ and insert- of a high-priority substance, after the date that— ing ‘‘subsection (c)’’; and on which the deadline established pursuant ‘‘(A) the number of substances designated (II) by striking ‘‘and such person complies to subsection (a) of section 6 for completion to undergo safety assessments and safety de- with any applicable requirement of sub- of the safety determination under that sub- terminations under the process and criteria section (b)’’; and

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.027 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8802 CONGRESSIONAL RECORD — SENATE December 17, 2015 (C) by adding at the end the following: trator shall allow the review period to expire tured, processed, or distributed in com- ‘‘(3) ARTICLE CONSIDERATION.—The Admin- without additional restrictions; or merce— istrator may require notification under this ‘‘(C) additional information is necessary in ‘‘(I) in general; or section for the import or processing of a order to make a determination under sub- ‘‘(II) for a particular use; chemical substance as part of an article or paragraph (A) or (B), in which case the Ad- ‘‘(iv) a prohibition or other restriction of— category of articles under paragraph (1)(B) if ministrator shall take appropriate action ‘‘(I) the manufacture, processing, or dis- the Administrator makes an affirmative under paragraphs (4) and (5). tribution in commerce of the chemical sub- finding in a rule under paragraph (2) that the ‘‘(4) RESTRICTIONS.— stance for a significant new use; reasonable potential for exposure to the ‘‘(A) DETERMINATION BY ADMINISTRATOR.— ‘‘(II) any method of commercial use of the chemical substance through the article or ‘‘(i) IN GENERAL.—If the Administrator chemical substance; or category of articles subject to the rule war- makes a determination under subparagraph ‘‘(III) any method of disposal of the chem- rants notification.’’; (A) or (C) of paragraph (3) with respect to a ical substance; or (6) by redesignating subsections (c) and (d) notice submitted under subsection (b)— ‘‘(v) a prohibition or other restriction on as subsections (d) and (c), respectively, and ‘‘(I) the Administrator, before the end of the manufacture, processing, or distribution moving subsection (c) (as so redesigned) so as the applicable period for review under para- in commerce of the chemical substance— appear after subsection (b) (as redesignated graph (1) and by consent agreement or order, ‘‘(I) in general; or by paragraph (3)); as appropriate, shall prohibit or otherwise ‘‘(II) for a particular use. (7) in subsection (c) (as so redesignated)— restrict the manufacture, processing, use, ‘‘(D) PERSISTENT AND BIOACCUMULATIVE (A) by striking paragraph (1) and inserting SUBSTANCES.—For a chemical substance the distribution in commerce, or disposal (as ap- the following: Administrator determines, with respect to plicable) of the chemical substance, or of the ‘‘(1) IN GENERAL.—The notice required by persistence and bioaccumulation, scores high chemical substance for a significant new use, subsection (b) shall include, with respect to for 1 and either high or moderate for the without compliance with the restrictions a chemical substance— other, pursuant to the TSCA Work Plan specified in the consent agreement or order ‘‘(A) the information required by sections Chemicals Methods Document published by that the Administrator determines are suffi- 720.45 and 720.50 of title 40, Code of Federal the Administrator in February 2012, the Ad- cient to ensure that the chemical substance Regulations (or successor regulations); and ministrator shall, in selecting among prohi- ‘‘(B) all known or reasonably ascertainable or significant new use is likely to meet the bitions and other restrictions that the Ad- information regarding conditions of use and safety standard; and ministrator determines are sufficient to en- reasonably anticipated exposures.’’; ‘‘(II) no person may commence manufac- sure that the chemical substance is likely to (B) in paragraph (2)— ture of the chemical substance, or manufac- meet the safety standard, reduce potential (i) in the matter preceding subparagraph ture or processing of the chemical substance exposure to the substance to the maximum (A)— for a significant new use, except in compli- extent practicable. (I) by striking ‘‘subsection (a)’’ and insert- ance with the restrictions specified in the ‘‘(E) WORKPLACE EXPOSURES.—To the ex- ing ‘‘subsection (b)’’; and consent agreement or order. tent practicable, the Administrator shall (II) by striking ‘‘or of data under sub- ‘‘(ii) LIKELY TO MEET STANDARD.—If the Ad- consult with the Assistant Secretary of section (b)’’; ministrator makes a determination under Labor for Occupational Safety and Health (ii) in subparagraph (A), by adding ‘‘and’’ subparagraph (B) of paragraph (3) with re- prior to adopting any prohibition or other after the semicolon at the end; spect to a chemical substance or significant restriction under this subsection to address (iii) in subparagraph (B), by striking ‘‘; new use for which a notice was submitted workplace exposures. and’’ and inserting a period; and under subsection (b), then notwithstanding ‘‘(F) DEFINITION OF REQUIREMENT.—For pur- (iv) by striking subparagraph (C); and any remaining portion of the applicable pe- poses of this Act, the term ‘requirement’ as (C) in paragraph (3), by striking ‘‘sub- riod for review under paragraph (1), the sub- used in this section does not displace com- section (a) and for which the notification pe- mitter of the notice may commence manu- mon law. riod prescribed by subsection (a), (b), or (c)’’ facture for commercial purposes of the ‘‘(5) ADDITIONAL INFORMATION.—If the Ad- and inserting ‘‘subsection (b) and for which chemical substance or manufacture or proc- ministrator determines under paragraph the notification period prescribed by sub- essing of the chemical substance for a sig- (3)(C) that additional information is nec- section (b) or (d)’’; nificant new use. essary to conduct a review under this sub- (8) by striking subsection (d) (as redesig- ‘‘(B) REQUIREMENTS.—Not later than 90 section, the Administrator— nated by paragraph (6)) and inserting the fol- days after issuing a consent agreement or ‘‘(A) shall provide an opportunity for the lowing: order under subparagraph (A), the Adminis- submitter of the notice to submit the addi- ‘‘(d) REVIEW OF NOTICE.— trator shall— tional information; ‘‘(1) INITIAL REVIEW.— ‘‘(i) consider whether to promulgate a rule ‘‘(B) may, by agreement with the sub- ‘‘(A) IN GENERAL.—Subject to subparagraph pursuant to subsection (b)(2) that identifies mitter, extend the review period for a rea- (B), not later than 90 days after the date of as a significant new use any manufacturing, sonable time to allow the development and receipt of a notice submitted under sub- processing, use, distribution in commerce, or submission of the additional information; section (b), the Administrator shall— disposal of the chemical substance that does ‘‘(C) may promulgate a rule, enter into a ‘‘(i) conduct an initial review of the notice; not conform to the restrictions imposed by testing consent agreement, or issue an order ‘‘(ii) as needed, develop a profile of the rel- the consent agreement or order; and under section 4 to require the development of evant chemical substance and the potential ‘‘(ii)(I) initiate a rulemaking described in the information; and for exposure to humans and the environ- clause (i); or ‘‘(D) on receipt of information the Admin- ment; and ‘‘(II) publish a statement describing the istrator finds supports the determination ‘‘(iii) make a determination under para- reasons of the Administrator for not initi- under paragraph (3), shall promptly make graph (3). ating a rulemaking. the determination.’’; ‘‘(B) EXTENSION.—Except as provided in ‘‘(C) INCLUSIONS.—A prohibition or other (9) by striking subsections (e) through (g) paragraph (5), the Administrator may extend restriction under subparagraph (A) may in- and inserting the following: the period described in subparagraph (A) for clude, as appropriate— ‘‘(e) NOTICE OF COMMENCEMENT.— good cause for 1 or more periods, the total of ‘‘(i) subject to section 18(g), a requirement ‘‘(1) IN GENERAL.—Not later than 30 days which shall be not more than 90 days. that a chemical substance shall be marked after the date on which a manufacturer that ‘‘(2) INFORMATION SOURCES.—In evaluating with, or accompanied by, clear and adequate has submitted a notice under subsection (b) a notice under paragraph (1), the Adminis- minimum warnings and instructions with re- commences nonexempt commercial manu- trator shall take into consideration— spect to use, distribution in commerce, or facture of a chemical substance, the manu- ‘‘(A) any relevant information identified in disposal, or any combination of those activi- facturer shall submit to the Administrator a subsection (c)(1); and ties, with the form and content of the min- notice of commencement that identifies— ‘‘(B) any other relevant additional infor- imum warnings and instructions to be pre- ‘‘(A) the name of the manufacturer; and mation available to the Administrator. scribed by the Administrator ‘‘(B) the initial date of nonexempt com- ‘‘(3) DETERMINATIONS.—Before the end of ‘‘(ii) a requirement that manufacturers or mercial manufacture. the applicable period for review under para- processors of the chemical substance shall— ‘‘(2) WITHDRAWAL.—A manufacturer or graph (1), based on the information described ‘‘(I) make and retain records of the proc- processor that has submitted a notice under in paragraph (2), and subject to section 18(g), esses used to manufacture or process, as ap- subsection (b), but that has not commenced the Administrator shall determine that— plicable, the chemical substance; or nonexempt commercial manufacture or proc- ‘‘(A) the relevant chemical substance or ‘‘(II) monitor or conduct such additional essing of the chemical substance, may with- significant new use is not likely to meet the tests as are reasonably necessary to address draw the notice. safety standard, in which case the Adminis- potential risks from the manufacture, proc- ‘‘(f) FURTHER EVALUATION.—The Adminis- trator shall take appropriate action under essing, distribution in commerce, use, or dis- trator may review a chemical substance paragraph (4); posal, as applicable, of the chemical sub- under section 4A at any time after the Ad- ‘‘(B) the relevant chemical substance or stance, subject to section 4; ministrator receives— significant new use is likely to meet the ‘‘(iii) a restriction on the quantity of the ‘‘(1) a notice of commencement for a chem- safety standard, in which case the Adminis- chemical substance that may be manufac- ical substance under subsection (e); or

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.027 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8803 ‘‘(2) new information regarding the chem- ‘‘(i) within the time specified in the rule, sessment or safety determination for a high- ical substance. order, or consent agreement pursuant to sec- priority substance, the Administrator— ‘‘(g) TRANSPARENCY.—Subject to section 14, tion 4(a)(4)(A)(iv); and ‘‘(A) shall provide an opportunity for inter- the Administrator shall make available to ‘‘(ii) on or after the date that is 120 days ested persons to submit the additional infor- the public— before the expiration of the deadline de- mation; ‘‘(1) all notices, determinations, consent scribed in paragraph (4); and ‘‘(B) may promulgate a rule, enter into a agreements, rules, and orders submitted ‘‘(7) may extend the deadline under para- testing consent agreement, or issue an order under this section or made by the Adminis- graph (5) for not more than 2 years, subject under section 4 to require the development of trator under this section; and to the condition that the aggregate length of the information; ‘‘(2) all information submitted or issued all extensions of deadlines under this sub- ‘‘(C) may defer, for a reasonable period under this section.’’; and section does not exceed 2 years. consistent with the deadlines described in (10) in subsection (h)— ‘‘(b) PRIOR ACTIONS AND NOTICE OF EXIST- subsection (a), a safety assessment and safe- (A) in paragraph (1)— ING INFORMATION.— ty determination until after receipt of the (i) in the matter preceding subparagraph ‘‘(1) PRIOR-INITIATED ASSESSMENTS.— information; and (A), by striking ‘‘(a) or’’; and ‘‘(A) IN GENERAL.—Nothing in this Act pre- ‘‘(D) consistent with the deadlines de- (ii) in subparagraph (A), by inserting ‘‘, vents the Administrator from initiating a scribed in subsection (a), on receipt of infor- without taking into account cost or other safety assessment or safety determination mation the Administrator finds supports the nonrisk factors’’ after ‘‘the environment’’; regarding a chemical substance, or from con- safety assessment and safety determination, (B) by striking paragraph (2); tinuing or completing such a safety assess- shall make a determination under paragraph (C) by redesignating paragraphs (3) ment or safety determination, prior to the (1). through (6) as paragraphs (2) through (5), re- effective date of the policies, procedures, and ‘‘(3) ESTABLISHMENT OF DEADLINE.—In re- spectively; guidance required to be established by the questing the development or submission of (D) in paragraph (2) (as so redesignated), in Administrator under section 3A or 4A. information under this section, the Adminis- the matter preceding subparagraph (A), by ‘‘(B) INTEGRATION OF PRIOR POLICIES AND trator shall establish a deadline for the sub- striking ‘‘subsections (a) and (b)’’ and insert- PROCEDURES.—As policies and procedures mission of the information. ing ‘‘subsection (b)’’; under section 3A and 4A are established, to ‘‘(d) RULE.— (E) in paragraph (3) (as so redesignated)— the maximum extent practicable, the Ad- ‘‘(1) IMPLEMENTATION.—If the Adminis- (i) in the first sentence, by striking ‘‘will ministrator shall integrate the policies and trator makes a determination under sub- not present an unreasonable risk of injury to procedures into ongoing safety assessments section (c)(1)(B) with respect to a chemical health or the environment’’ and inserting and safety determinations. substance, the Administrator shall promul- ‘‘will meet the safety standard’’; and ‘‘(2) ACTIONS COMPLETED PRIOR TO COMPLE- gate a rule establishing restrictions nec- (ii) by striking the second sentence; TION OF POLICIES AND PROCEDURES.—Nothing essary to ensure that the chemical substance (F) in paragraph (4) (as so redesignated), by in this Act requires the Administrator to re- meets the safety standard. striking ‘‘subsections (a) and (b)’’ and insert- vise or withdraw a completed safety assess- ‘‘(2) SCOPE.— ing ‘‘subsection (b)’’; and ment, safety determination, or rule solely ‘‘(A) IN GENERAL.—The rule promulgated (G) in paragraph (5) (as so redesignated), in because the action was completed prior to pursuant to this subsection— the first sentence, by striking ‘‘paragraph (1) the completion of a policy or procedure es- ‘‘(i) may apply to mixtures containing the or (5)’’ and inserting ‘‘paragraph (1) or (4)’’. tablished under section 3A or 4A, and the va- chemical substance, as appropriate; lidity of a completed assessment, determina- SEC. 8. SAFETY ASSESSMENTS AND SAFETY DE- ‘‘(ii) shall include dates by which compli- TERMINATIONS. tion, or rule shall not be determined based ance is mandatory, which— on the content of such a policy or procedure. ‘‘(I) shall be as soon as practicable, but not Section 6 of the Toxic Substances Control ‘‘(3) NOTICE OF EXISTING INFORMATION.— later than 4 years after the date of promul- Act (15 U.S.C. 2605) is amended— ‘‘(A) IN GENERAL.—The Administrator gation of the rule, except in the case of a use (1) by striking the section designation and shall, where such information is available, exempted under paragraph (5); heading and inserting the following: take notice of existing information regard- ‘‘(II) in the case of a ban or phase-out of ‘‘SEC. 6. SAFETY ASSESSMENTS AND SAFETY DE- ing hazard and exposure published by other the chemical substance, shall implement the TERMINATIONS.’’; Federal agencies and the National Acad- ban or phase-out in as short a period as prac- (2) by redesignating subsections (e) and (f) emies and incorporate the information in ticable; as subsections (h) and (i), respectively; safety assessments and safety determina- ‘‘(III) as determined by the Administrator, (3) by striking subsections (a) through (d) tions with the objective of increasing the ef- may vary for different affected persons; and and inserting the following: ficiency of the safety assessments and safety ‘‘(IV) following a determination by the Ad- ‘‘(a) IN GENERAL.—The Administrator— determinations. ministrator that compliance is techno- ‘‘(1) shall conduct a safety assessment and ‘‘(B) INCLUSION OF INFORMATION.—Existing logically or economically infeasible within make a safety determination of each high- information described in subparagraph (A) the timeframe specified in subclause (I), priority substance in accordance with sub- should be included to the extent practicable shall provide up to an additional 18 months sections (b) and (c); and where the Administrator determines the for compliance to be mandatory; ‘‘(2) shall, as soon as practicable and not information is relevant and scientifically re- ‘‘(iii) shall exempt replacement parts that later than 6 months after the date on which liable. are manufactured prior to the effective date a chemical substance is designated as a high- ‘‘(c) SAFETY DETERMINATIONS.— of the rule for articles that are first manu- priority substance, define and publish the ‘‘(1) IN GENERAL.—Based on a review of the factured prior to the effective date of the scope of the safety assessment and safety de- information available to the Administrator, rule unless the Administrator finds the re- termination to be conducted pursuant to this including draft safety assessments submitted placement parts contribute significantly to section, including the hazards, exposures, by interested persons pursuant to section the identified risk; conditions of use, and potentially exposed or 3A(h)(2)(D), and subject to section 18(g), the ‘‘(iv) shall, in selecting among prohibitions susceptible populations that the Adminis- Administrator shall determine— and other restrictions, apply such prohibi- trator expects to consider; ‘‘(A) by order, that the relevant chemical tions or other restrictions to an article or ‘‘(3) as appropriate based on the results of substance meets the safety standard; category of articles containing the chemical a safety determination, shall establish re- ‘‘(B) that the relevant chemical substance substance only to the extent necessary to ad- strictions pursuant to subsection (d); does not meet the safety standard, in which dress the identified risks from exposure to ‘‘(4) shall complete and publish a safety as- case the Administrator shall, by rule under the chemical substance from the article or sessment and safety determination not later subsection (d)— category of articles, in order to determine than 3 years after the date on which a chem- ‘‘(i) impose restrictions necessary to en- that the chemical substance meets the safe- ical substance is designated as a high-pri- sure that the chemical substance meets the ty standard; and ority substance; safety standard under the conditions of use; ‘‘(v) shall, when the Administrator deter- ‘‘(5) shall promulgate any necessary final or mines that the chemical substance does not rule pursuant to subsection (d) by not later ‘‘(ii) if the safety standard cannot be met meet the safety standard for a potentially than 2 years after the date on which the safe- with the application of other restrictions exposed or susceptible population, apply pro- ty determination is completed; under subsection (d)(3), ban or phase out the hibitions or other restrictions necessary to ‘‘(6) may extend any deadline under para- chemical substance, as appropriate; or ensure that the substance meets the safety graph (4) for not more than 1 year, if infor- ‘‘(C) that additional information is nec- standard for that population. mation relating to the high-priority sub- essary in order to make a determination ‘‘(B) PERSISTENT AND BIOACCUMULATIVE stance, required to be developed in a rule, under subparagraph (A) or (B), in which case SUBSTANCES.—For a chemical substance the order, or consent agreement under section the Administrator shall take appropriate ac- Administrator determines, with respect to 4— tion under paragraph (2). persistence and bioaccumulation, scores high ‘‘(A) has not yet been submitted to the Ad- ‘‘(2) ADDITIONAL INFORMATION.—If the Ad- for 1 and either high or moderate for the ministrator; or ministrator determines that additional in- other, pursuant to the TSCA Work Plan ‘‘(B) was submitted to the Administrator— formation is necessary to make a safety as- Chemicals Methods Document published by

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the Administrator in February 2012, the Ad- ‘‘(B) ALTERNATIVES.—As part of the anal- and establish time periods by considering ministrator shall, in selecting among prohi- ysis, the Administrator shall review any 1 or factors determined by the Administrator to bitions and other restrictions that the Ad- more technically and economically feasible be relevant to the goals of fostering innova- ministrator determines are sufficient to en- alternatives to the chemical substance that tion and the development of alternatives sure that the chemical substance meets the the Administrator determines are relevant that meet the safety standard. safety standard, reduce exposure to the sub- to the rulemaking. ‘‘(II) LIMITATION.—Any renewal of an ex- stance to the maximum extent practicable. ‘‘(C) PUBLIC AVAILABILITY.—In proposing a emption in the case of a rule under para- ‘‘(C) WORKPLACE EXPOSURES.—The Admin- rule under paragraph (1), the Administrator graph (1) requiring the ban or phase-out of a istrator shall consult with the Assistant Sec- shall make publicly available any analysis chemical substance shall not exceed 5 years. retary of Labor for Occupational Safety and conducted under this paragraph. ‘‘(e) IMMEDIATE EFFECT.—The Adminis- Health before adopting any prohibition or ‘‘(D) STATEMENT REQUIRED.—In making trator may declare a proposed rule under other restriction under this subsection to ad- final a rule under paragraph (1), the Admin- subsection (d)(1) to be effective on publica- dress workplace exposures. istrator shall include a statement describing tion of the rule in the Federal Register and ‘‘(D) DEFINITION OF REQUIREMENT.—For the how the analysis considered under subpara- until the effective date of final action taken purposes of this Act, the term ‘requirement’ graph (A) was taken into account. respecting the rule, if— as used in this section does not displace com- ‘‘(5) EXEMPTIONS.— ‘‘(1) the Administrator determines that— mon law. ‘‘(A) IN GENERAL.—The Administrator may, ‘‘(A) the manufacture, processing, distribu- ‘‘(3) RESTRICTIONS.—Subject to section 18, a as part of a rule promulgated under para- tion in commerce, use, or disposal of the restriction under paragraph (1) may include, graph (1) or in a separate rule, exempt 1 or chemical substance or mixture subject to the as appropriate— more uses of a chemical substance from any proposed rule or any combination of those ‘‘(A) a requirement that a chemical sub- restriction in a rule promulgated under para- activities is likely to result in a risk of seri- stance shall be marked with, or accompanied graph (1) if the Administrator determines ous or widespread injury to health or the en- by, clear and adequate minimum warnings that— vironment before the effective date; and and instructions with respect to use, dis- ‘‘(i) the restriction cannot be complied ‘‘(B) making the proposed rule so effective tribution in commerce, or disposal, or any with, without— is necessary to protect the public interest; combination of those activities, with the ‘‘(I) harming national security; and form and content of the minimum warnings ‘‘(II) causing significant disruption in the ‘‘(2) in the case of a proposed rule to pro- and instructions to be prescribed by the Ad- national economy due to the lack of avail- hibit the manufacture, processing, or dis- ministrator; ability of a chemical substance; or tribution in commerce of a chemical sub- ‘‘(B) a requirement that manufacturers or ‘‘(III) interfering with a critical or essen- stance or mixture because of the risk deter- processors of the chemical substance shall— tial use for which no technically and eco- mined under paragraph (1)(A), a court has ‘‘(i) make and retain records of the proc- nomically feasible safer alternative is avail- granted relief in an action under section 7 esses used to manufacture or process the able, taking into consideration hazard and with respect to that risk associated with the chemical substance; exposure; or chemical substance or mixture. ‘‘(ii) describe and apply the relevant qual- ‘‘(ii) the use of the chemical substance, as ‘‘(f) FINAL AGENCY ACTION.—Under this sec- ity control procedures followed in the manu- compared to reasonably available alter- tion and subject to section 18— facturing or processing of the substance; or natives, provides a substantial benefit to ‘‘(1) a safety determination, and the associ- ‘‘(iii) monitor or conduct tests that are health, the environment, or public safety. ated safety assessment, for a chemical sub- reasonably necessary to ensure compliance ‘‘(B) EXEMPTION ANALYSIS.—In proposing a stance that the Administrator determines with the requirements of any rule under this rule under this paragraph, the Administrator under subsection (c) meets the safety stand- subsection; shall make publicly available any analysis ard, shall be considered to be a final agency ‘‘(C) a restriction on the quantity of the conducted under this paragraph to assess the action, effective beginning on the date of chemical substance that may be manufac- need for the exemption. issuance of the final safety determination; tured, processed, or distributed in commerce; ‘‘(C) STATEMENT REQUIRED.—In making and ‘‘(D) a requirement to ban or phase out, or final a rule under this paragraph, the Admin- ‘‘(2) a final rule promulgated under sub- otherwise restrict the manufacture, proc- istrator shall include a statement describing section (d)(1), and the associated safety as- essing, or distribution in commerce of the how the analysis considered under subpara- sessment and safety determination that a chemical substance for— graph (B) was taken into account. chemical substance does not meet the safety ‘‘(i) a particular use; ‘‘(D) ANALYSIS IN CASE OF BAN OR PHASE- standard, shall be considered to be a final ‘‘(ii) a particular use at a concentration in OUT.—In determining whether an exemption agency action, effective beginning on the excess of a level specified by the Adminis- should be granted under this paragraph for a date of promulgation of the final rule. trator; or chemical substance for which a ban or phase- ‘‘(g) EXTENSION OF DEADLINES FOR CERTAIN ‘‘(iii) all uses; out is included in a proposed or final rule CHEMICAL SUBSTANCES.—The Administrator ‘‘(E) a restriction on the quantity of the under paragraph (1), the Administrator shall may not extend any deadline under sub- chemical substance that may be manufac- take into consideration, to the extent prac- section (a) for a chemical substance des- tured, processed, or distributed in commerce ticable based on reasonably available infor- ignated as a high priority that is listed in for— mation, the quantifiable and nonquantifiable the 2014 update of the TSCA Work Plan with- ‘‘(i) a particular use; or costs and benefits of the 1 or more alter- out adequate public justification that dem- ‘‘(ii) a particular use at a concentration in natives to the chemical substance the Ad- onstrates, following a review of the informa- excess of a level specified by the Adminis- ministrator determines to be technically and tion reasonably available to the Adminis- trator; economically feasible and most likely to be trator, that the Administrator cannot ade- ‘‘(F) a requirement to ban, phase out, or used in place of the chemical substance quately complete a safety assessment and otherwise restrict any method of commercial under the conditions of use. safety determination, or a final rule pursu- use of the chemical substance; ‘‘(E) CONDITIONS.—As part of a rule promul- ant to subsection (d), without additional in- ‘‘(G) a requirement to ban, phase out, or gated under this paragraph, the Adminis- formation regarding the chemical sub- otherwise restrict any method of disposal of trator shall include conditions, including stance.’’; and the chemical substance or any article con- reasonable recordkeeping, monitoring, and (4) in subsection (h) (as redesignated by taining the chemical substance; and reporting requirements, to the extent that paragraph (2))— ‘‘(H) a requirement directing manufactur- the Administrator determines the conditions (A) by striking paragraph (4); and ers or processors of the chemical substance are necessary to protect health and the envi- (B) by redesignating paragraph (5) as para- to give notice of the Administrator’s deter- ronment while achieving the purposes of the graph (4). mination under subsection (c)(1)(B) to dis- exemption. SEC. 9. IMMINENT HAZARDS. tributors in commerce of the chemical sub- ‘‘(F) DURATION.— Section 7 of the Toxic Substances Control stance and, to the extent reasonably ascer- ‘‘(i) IN GENERAL.—The Administrator shall Act (15 U.S.C. 2606) is amended— tainable, to other persons in the chain of establish, as part of a rule under this para- (1) by striking subsection (a) and inserting commerce in possession of the chemical sub- graph, a time limit on any exemption for a the following: stance. time to be determined by the Administrator ‘‘(a) CIVIL ACTIONS.— ‘‘(4) ANALYSIS FOR RULEMAKING.— as reasonable on a case-by-case basis. ‘‘(1) IN GENERAL.—The Administrator may ‘‘(A) CONSIDERATIONS.—In deciding which ‘‘(ii) AUTHORITY OF ADMINISTRATOR.—The commence a civil action in an appropriate restrictions to impose under paragraph (3) as Administrator, by rule, may extend, modify, United States district court for— part of developing a rule under paragraph (1), or eliminate an exemption if the Adminis- ‘‘(A) seizure of an imminently hazardous the Administrator shall take into consider- trator determines, on the basis of reasonably chemical substance or mixture or any article ation, to the extent practicable based on rea- available information and after adequate containing the chemical substance or mix- sonably available information, the quantifi- public justification, the exemption warrants ture; able and nonquantifiable costs and benefits extension or is no longer necessary. ‘‘(B) relief (as authorized by subsection (b)) of the proposed regulatory action and of the ‘‘(iii) CONSIDERATIONS.— against any person that manufactures, proc- 1 or more primary alternative regulatory ac- ‘‘(I) IN GENERAL.—Subject to subclause (II), esses, distributes in commerce, uses, or dis- tions considered by the Administrator. the Administrator shall issue exemptions poses of, an imminently hazardous chemical

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.027 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8805 substance or mixture or any article con- ‘‘(iii) to apply any reporting obligations to clause (i) to be inactive substances on the taining the chemical substance or mixture; those persons likely to have information rel- list published under paragraph (1). or evant to the effective implementation of this ‘‘(B) CONFIDENTIAL CHEMICAL SUBSTANCES.— ‘‘(C) both seizure described in subpara- title.’’; In promulgating the rule established pursu- graph (A) and relief described in subpara- (2) in subsection (b), by adding at the end ant to subparagraph (A), the Administrator graph (B). the following: shall— ‘‘(2) RULE, ORDER, OR OTHER PROCEEDING.— ‘‘(3) NOMENCLATURE.— ‘‘(i) maintain the list under paragraph (1), A civil action may be commenced under this ‘‘(A) IN GENERAL.—In carrying out para- which shall include a confidential portion paragraph, notwithstanding— graph (1), the Administrator shall— and a nonconfidential portion consistent ‘‘(A) the existence of a decision, rule, con- ‘‘(i) maintain the use of Class 2 nomen- with this section and section 14; sent agreement, or order by the Adminis- clature in use on the date of enactment of ‘‘(ii) require a manufacturer or processor trator under section 4, 4A, 5, or 6 or title IV the Frank R. Lautenberg Chemical Safety that is submitting a notice pursuant to sub- or VI; or for the 21st Century Act; paragraph (A) for a chemical substance on ‘‘(B) the pendency of any administrative or ‘‘(ii) maintain the use of the Soap and De- the confidential portion of the list published judicial proceeding under any provision of tergent Association Nomenclature System, under paragraph (1) to indicate in the notice this Act.’’; published in March 1978 by the Adminis- whether the manufacturer or processor seeks (2) in subsection (b)(1), by striking ‘‘unrea- trator in section 1 of addendum III of the to maintain any existing claim for protec- sonable’’; document entitled ‘Candidate List of Chem- tion against disclosure of the specific iden- (3) in subsection (d), by striking ‘‘section ical Substances’, and further described in the tity of the substance as confidential pursu- 6(a)’’ and inserting ‘‘section 6(d)’’; and appendix A of volume I of the 1985 edition of ant to section 14; and (4) in subsection (f), in the first sentence, the Toxic Substances Control Act Sub- ‘‘(iii) require the substantiation of those by striking ‘‘and unreasonable’’. stances Inventory (EPA Document No. EPA– claims pursuant to section 14 and in accord- 560/7–85–002a); and ance with the review plan described in sub- SEC. 10. INFORMATION COLLECTION AND RE- PORTING. ‘‘(iii) treat all components of categories paragraph (C). that are considered to be statutory mixtures ‘‘(C) REVIEW PLAN.—Not later than 1 year Section 8 of the Toxic Substances Control under this Act as being included on the list after the date on which the Administrator Act (15 U.S.C. 2607) is amended— published under paragraph (1) under the compiles the initial list of active substances (1) in subsection (a)— Chemical Abstracts Service numbers for the pursuant to subparagraph (A), the Adminis- (A) in paragraph (3)— respective categories, including, without trator shall promulgate a rule that estab- (i) in subparagraph (A)(ii)(I)— limitation— lishes a plan to review all claims to protect (I) by striking ‘‘5(b)(4)’’ and inserting ‘‘5’’; ‘‘(I) cement, Portland, chemicals, CAS No. the specific identities of chemical substances (II) by inserting ‘‘section 4 or’’ after ‘‘in ef- 65997–15–1; on the confidential portion of the list pub- fect under’’; and ‘‘(II) cement, alumina, chemicals, CAS No. lished under paragraph (1) that are asserted (III) by striking ‘‘5(e),’’ and inserting 65997–16–2; pursuant to subparagraph (B). ‘‘5(d)(4);’’; and ‘‘(III) glass, oxide, chemicals, CAS No. ‘‘(D) REQUIREMENTS OF REVIEW PLAN.— (ii) by adding at the end the following: 65997–17–3; Under the review plan under subparagraph ‘‘(C) Not later than 180 days after the date ‘‘(IV) frits, chemicals, CAS No. 65997–18–4; (C), the Administrator shall— of enactment of the Frank R. Lautenberg ‘‘(V) steel manufacture, chemicals, CAS ‘‘(i) require, at the time requested by the Chemical Safety for the 21st Century Act, No. 65997–19–5; and Administrator, all manufacturers or proc- and not less frequently than once every 10 ‘‘(VI) ceramic materials and wares, chemi- essors asserting claims under subparagraph years thereafter, the Administrator, after cals, CAS No. 66402–68–4. (B) to substantiate the claim unless the consultation with the Administrator of the ‘‘(B) MULTIPLE NOMENCLATURE CONVEN- manufacturer or processor has substantiated Small Business Administration, shall— TIONS.— the claim in a submission made to the Ad- ‘‘(i) review the adequacy of the standards ‘‘(i) IN GENERAL.—If an existing guidance ministrator during the 5-year period ending prescribed according to subparagraph (B); allows for multiple nomenclature conven- on the date of the request by the Adminis- ‘‘(ii) after providing public notice and an tions, the Administrator shall— trator; opportunity for comment, make a deter- ‘‘(I) maintain the nomenclature conven- ‘‘(ii) in accordance with section 14— mination as to whether revision of the stand- tions for substances; and ‘‘(I) review each substantiation— ards is warranted; and ‘‘(II) develop new guidance that— ‘‘(aa) submitted pursuant to clause (i) to ‘‘(iii) revise the standards if the Adminis- ‘‘(aa) establishes equivalency between the determine if the claim warrants protection trator so determines.’’; and nomenclature conventions for chemical sub- from disclosure; and (B) by adding at the end the following: stances on the list published under para- ‘‘(bb) submitted previously by a manufac- ‘‘(4) RULES.— graph (1); and turer or processor and relied on in lieu of the ‘‘(A) DEADLINE.— ‘‘(bb) permits persons to rely on the new substantiation required pursuant to clause ‘‘(i) IN GENERAL.—Not later than 2 years guidance for purposes of determining wheth- (i), if the substantiation has not been pre- after the date of enactment of the Frank R. er a chemical substance is on the list pub- viously reviewed by the Administrator, to Lautenberg Chemical Safety for the 21st lished under paragraph (1). determine if the claim warrants protection Century Act, the Administrator shall pro- ‘‘(ii) MULTIPLE CAS NUMBERS.—For any from disclosure; mulgate rules requiring the maintenance of chemical substance appearing multiple times ‘‘(II) approve, modify, or deny each claim; records and the reporting of additional infor- on the list under different Chemical Ab- and mation known or reasonably ascertainable stracts Service numbers, the Administrator ‘‘(III) except as provided in this section and by the person making the report, including shall develop guidance recognizing the mul- section 14, protect from disclosure informa- rules applicable to processors so that the Ad- tiple listings as a single chemical substance. tion for which the Administrator approves ministrator has the information necessary to ‘‘(4) CHEMICAL SUBSTANCES IN COMMERCE.— such a claim for a period of 10 years, unless, carry out this title. ‘‘(A) RULES.— prior to the expiration of the period— ‘‘(ii) MODIFICATION OF PRIOR RULES.—In car- ‘‘(i) IN GENERAL.—Not later than 1 year ‘‘(aa) the person notifies the Administrator rying out this subparagraph, the Adminis- after the date of enactment of the Frank R. that the person is withdrawing the claim, in trator may modify, as appropriate, rules pro- Lautenberg Chemical Safety for the 21st which case the Administrator shall promptly mulgated before the date of enactment of the Century Act, the Administrator, by rule, make the information available to the pub- Frank R. Lautenberg Chemical Safety for shall require manufacturers and processors lic; or the 21st Century Act. to notify the Administrator, by not later ‘‘(bb) the Administrator otherwise becomes ‘‘(B) CONTENTS.—The rules promulgated than 180 days after the date of promulgation aware that the need for protection from dis- pursuant to subparagraph (A)— of the rule, of each chemical substance on closure can no longer be substantiated, in ‘‘(i) may impose different reporting and the list published under paragraph (1) that which case the Administrator shall take the recordkeeping requirements on manufactur- the manufacturer or processor, as applicable, actions described in section 14(g)(2); and ers and processors; and has manufactured or processed for a non- ‘‘(iii) encourage manufacturers or proc- ‘‘(ii) shall include the level of detail nec- exempt commercial purpose during the 10- essors that have previously made claims to essary to be reported, including the manner year period ending on the day before the date protect the specific identities of chemical by which use and exposure information may of enactment of the Frank R. Lautenberg substances identified as inactive pursuant to be reported. Chemical Safety for the 21st Century Act. subsection (f)(2) to review and either with- ‘‘(C) ADMINISTRATION.—In implementing ‘‘(ii) ACTIVE SUBSTANCES.—The Adminis- draw or substantiate the claims. the reporting and recordkeeping require- trator shall designate chemical substances ‘‘(E) TIMELINE FOR COMPLETION OF RE- ments under this paragraph, the Adminis- for which notices are received under clause VIEWS.— trator shall take measures— (i) to be active substances on the list pub- ‘‘(i) IN GENERAL.—The Administrator shall ‘‘(i) to limit the potential for duplication lished under paragraph (1). implement the review plan so as to complete in reporting requirements; ‘‘(iii) INACTIVE SUBSTANCES.—The Adminis- reviews of all claims specified in subpara- ‘‘(ii) to minimize the impact of the rules on trator shall designate chemical substances graph (C) not later than 5 years after the small manufacturers and processors; and for which no notices are received under date on which the Administrator compiles

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the initial list of active substances pursuant ‘‘(7) PUBLIC INFORMATION.—Subject to this (A) in paragraph (1), in the first sentence— to subparagraph (A). subsection, the Administrator shall make (i) by striking ‘‘presents or will present an ‘‘(ii) CONSIDERATIONS.— available to the public— unreasonable risk to health or the environ- ‘‘(I) IN GENERAL.—The Administrator may ‘‘(A) the specific identity of each chemical ment’’ and inserting ‘‘does not or will not extend the deadline for completion of the re- substance on the nonconfidential portion of meet the safety standard’’; and views for not more than 2 additional years, the list published under paragraph (1) that (ii) by striking ‘‘such risk’’ the first place after an adequate public justification, if the the Administrator has designated as— it appears and inserting ‘‘the risk posed by Administrator determines that the extension ‘‘(i) an active substance; or the substance or mixture’’; is necessary based on the number of claims ‘‘(ii) an inactive substance; (B) in paragraph (2)— needing review and the available resources. ‘‘(B) the accession number, generic name, (i) in subparagraph (A), by inserting ‘‘with- ‘‘(II) ANNUAL REVIEW GOAL AND RESULTS.— and, if applicable, premanufacture notice in the time period specified by the Adminis- At the beginning of each year, the Adminis- case number for each chemical substance on trator in the report’’ after ‘‘issues an order’’; trator shall publish an annual goal for re- the confidential portion of the list published (ii) in subparagraph (B), by inserting ‘‘re- views and the number of reviews completed under paragraph (1) for which a claim of con- sponds within the time period specified by in the prior year. fidentiality was received; and the Administrator in the report and’’ before ‘‘(5) ACTIVE AND INACTIVE SUBSTANCES.— ‘‘(C) subject to subsections (f) and (g) of ‘‘initiates, within 90 days’’; and ‘‘(A) IN GENERAL.—The Administrator shall section 14, the specific identity of any active (iii) in the matter following subparagraph maintain and keep current designations of substance for which— (B), by striking ‘‘section 6 or 7’’ and insert- active substances and inactive substances on ‘‘(i) a claim for protection against disclo- ing ‘‘section 6(d) or section 7’’; the list published under paragraph (1). sure of the specific identity of the active (C) by redesignating paragraph (3) as para- ‘‘(B) CHANGE TO ACTIVE STATUS.— chemical substance was not asserted, as re- graph (6); ‘‘(i) IN GENERAL.—Any person that intends quired under this subsection or subsection (D) in paragraph (6) (as so redesignated), by to manufacture or process for a nonexempt (d) or (f) of section 14; striking ‘‘section 6 or 7’’ and inserting ‘‘sec- commercial purpose a chemical substance ‘‘(ii) a claim for protection against disclo- tion 6(d) or 7’’; and that is designated as an inactive substance sure of the specific identity of the active (E) by inserting after paragraph (2) the fol- shall notify the Administrator before the substance has been denied by the Adminis- lowing: date on which the inactive substance is man- trator; or ‘‘(3) The Administrator shall take the ac- ufactured or processed. ‘‘(iii) the time period for protection tions described in paragraph (4) if the Ad- ‘‘(ii) CONFIDENTIAL CHEMICAL IDENTITY against disclosure of the specific identity of ministrator makes a report under paragraph CLAIMS.—If a person submitting a notice the active substance has expired. (1) with respect to a chemical substance or under clause (i) for an inactive substance on ‘‘(8) LIMITATION.—No person may assert a mixture and the agency to which the report the confidential portion of the list published new claim under this subsection for protec- was made does not— under paragraph (1) seeks to maintain an ex- tion from disclosure of a specific identity of ‘‘(A) issue the order described in paragraph isting claim for protection against disclosure any active or inactive chemical substance (2)(A) within the time period specified by the of the specific identity of the inactive sub- for which a notice is received under para- Administrator in the report; or stance as confidential, the person shall— graph (4)(A)(i) or (5)(C)(i) that is not on the ‘‘(B)(i) respond under paragraph (1) within ‘‘(I) in the notice submitted under clause confidential portion of the list published the time frame specified by the Adminis- (i), assert the claim; and under paragraph (1). trator in the report; and ‘‘(II) by not later than 30 days after pro- ‘‘(9) CERTIFICATION.—Under the rules pro- ‘‘(ii) initiate action within 90 days of publi- viding the notice under clause (i), substan- mulgated under this subsection, manufactur- cation in the Federal Register of the re- tiate the claim. ers and processors shall be required— sponse described in clause (i). ‘‘(iii) ACTIVE STATUS.—On receiving a noti- ‘‘(A) to certify that each notice or substan- ‘‘(4) If an agency to which a report under fication under clause (i), the Administrator tiation the manufacturer or processor sub- paragraph (1) does not take the actions de- shall— mits complies with the requirements of the scribed in subparagraphs (A) or (B) of para- ‘‘(I) designate the applicable chemical sub- rule, and that any confidentiality claims are graph (3), the Administrator shall— stance as an active substance; true and correct; and ‘‘(A) if a safety assessment and safety de- ‘‘(II) pursuant to section 14, promptly re- ‘‘(B) to retain a record supporting the cer- termination for the substance under section view any claim and associated substan- tification for a period of 5 years beginning on 6 has not been completed, complete the safe- tiation submitted pursuant to clause (ii) for the last day of the submission period.’’; ty assessment and safety determination; protection against disclosure of the specific (3) in subsection (e)— ‘‘(B) if the Administrator has determined identity of the chemical substance and ap- (A) by striking ‘‘Any person’’ and inserting or determines that the chemical substance prove, modify, or deny the claim; the following: does not meet the safety standard, initiate ‘‘(III) except as provided in this section and ‘‘(1) IN GENERAL.—Any person’’; and action under section 6(d) with respect to the section 14, protect from disclosure the spe- (B) by adding at the end the following: risk; or cific identity of the chemical substance for ‘‘(2) ADDITIONAL INFORMATION.—Any person ‘‘(C) take any action authorized or re- which the Administrator approves a claim may submit to the Administrator informa- quired under section 7, as appropriate. under subclause (II) for a period of 10 years, tion reasonably supporting the conclusion ‘‘(5) This subsection shall not relieve the unless, prior to the expiration of the period— that a chemical substance or mixture pre- Administrator of any obligation to complete ‘‘(aa) the person notifies the Administrator sents, will present, or does not present a sub- a safety assessment and safety determina- that the person is withdrawing the claim, in stantial risk of injury to health and the en- tion or take any required action under sec- which case the Administrator shall promptly vironment.’’; and tion 6(d) or 7 to address risks from the manu- make the information available to the pub- (4) in subsection (f), by striking ‘‘For pur- facture, processing, distribution in com- lic; or poses of this section, the’’ and inserting the merce, use, or disposal of a chemical sub- ‘‘(bb) the Administrator otherwise becomes following: ‘‘In this section: stance or mixture, or any combination of aware that the need for protection from dis- ‘‘(1) ACTIVE SUBSTANCE.—The term ‘active those activities, that are not identified in a closure can no longer be substantiated, in substance’ means a chemical substance— report issued by the Administrator under which case the Administrator shall take the ‘‘(A) that has been manufactured or proc- paragraph (1).’’; actions described in section 14(g)(2); and essed for a nonexempt commercial purpose (2) in subsection (d), in the first sentence, ‘‘(IV) pursuant to section 4A, review the at any point during the 10-year period ending by striking ‘‘Health, Education, and Wel- priority of the chemical substance as the Ad- on the date of enactment of the Frank R. fare’’ and inserting ‘‘Health and Human ministrator determines to be necessary. Lautenberg Chemical Safety for the 21st Services’’; and ‘‘(C) CATEGORY STATUS.—The list of inac- Century Act; (3) by adding at the end the following: tive substances shall not be considered to be ‘‘(B) that is added to the list published ‘‘(e) EXPOSURE INFORMATION.—If the Ad- a category for purposes of section 26(c). under subsection (b)(1) after that date of en- ministrator obtains information related to ‘‘(6) INTERIM LIST OF ACTIVE SUBSTANCES.— actment; or exposures or releases of a chemical sub- Prior to the promulgation of the rule re- ‘‘(C) for which a notice is received under stance that may be prevented or reduced quired under paragraph (4)(A), the Adminis- subsection (b)(5)(C). under another Federal law, including laws trator shall designate the chemical sub- ‘‘(2) INACTIVE SUBSTANCE.—The term ‘inac- not administered by the Administrator, the stances reported under part 711 of title 40, tive substance’ means a chemical substance Administrator shall make such information Code of Federal Regulations (as in effect on on the list published under subsection (b)(1) available to the relevant Federal agency or the date of enactment of the Frank R. Lau- that does not meet any of the criteria de- office of the Environmental Protection tenberg Chemical Safety for the 21st Century scribed in paragraph (1). Agency.’’. Act), during the reporting period that most ‘‘(3) MANUFACTURE; PROCESS.—The’’. SEC. 12. RESEARCH, DEVELOPMENT, COLLEC- closely preceded the date of enactment of SEC. 11. RELATIONSHIP TO OTHER FEDERAL TION, DISSEMINATION, AND UTILIZA- the Frank R. Lautenberg Chemical Safety LAWS. TION OF DATA. for the 21st Century Act, as the interim list Section 9 of the Toxic Substances Control Section 10 of the Toxic Substances Control of active substances for the purposes of sec- Act (15 U.S.C. 2608) is amended— Act (15 U.S.C. 2609) is amended by striking tion 4A. (1) in subsection (a)— ‘‘Health, Education, and Welfare’’ each place

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.027 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8807 it appears and inserting ‘‘Health and Human ‘‘(i) include such exemptions as the Admin- time it was submitted in a notice under sec- Services’’. istrator determines to be appropriate, which tion 5. SEC. 13. EXPORTS. may include exemptions identified under sec- ‘‘(c) INFORMATION NOT PROTECTED FROM Section 12 of the Toxic Substances Control tion 5(h); and DISCLOSURE.— Act (15 U.S.C. 2611) is amended— ‘‘(ii) indicate whether, or to what extent, ‘‘(1) IN GENERAL.—Notwithstanding sub- (1) in subsection (a), by striking paragraph the rules apply to articles containing a sections (a) and (b), the following informa- (2) and inserting the following: chemical substance or mixture described in tion shall not be protected from disclosure: ‘‘(2) EXCEPTION.—Paragraph (1) shall not paragraph (1). ‘‘(A) INFORMATION FROM HEALTH AND SAFE- apply to— ‘‘(3) NOTIFICATION.—The Administrator TY STUDIES.— ‘‘(A) any new chemical substance that the shall submit to the government of each ‘‘(i) IN GENERAL.—Subject to clause (ii)— Administrator determines is likely to country to which a chemical substance or ‘‘(I) any health and safety study that is present an unreasonable risk of injury to mixture is exported— submitted under this Act with respect to— health within the United States or to the en- ‘‘(A) for a chemical substance or mixture ‘‘(aa) any chemical substance or mixture vironment of the United States, without tak- described in subparagraph (A), (B), (D), or (F) that, on the date on which the study is to be ing into account cost or other non-risk fac- of paragraph (1), a notice of the determina- disclosed, has been offered for commercial tors; tion, rule, order, consent agreement, action, distribution; or ‘‘(B) any chemical substance that the Ad- relief, or requirement; ‘‘(bb) any chemical substance or mixture ministrator determines presents or will ‘‘(B) for a chemical substance described in for which— present an unreasonable risk of injury to paragraph (1)(C), a notice that satisfies the ‘‘(AA) testing is required under section 4; health within the United States or to the en- obligation of the United States under the ap- or vironment of the United States, without tak- plicable treaty; and ‘‘(BB) a notification is required under sec- ing into account cost or other non-risk fac- ‘‘(C) for a chemical substance or mixture tion 5; or tors; or described in paragraph (1)(E), a notice of ‘‘(II) any information reported to, or other- ‘‘(C) any chemical substance that— availability of the information on the chem- wise obtained by, the Administrator from a ‘‘(i) the Administrator determines is likely ical substance or mixture submitted to the health and safety study relating to a chem- to present an unreasonable risk of injury to Administrator.’’; and ical substance or mixture described in item health within the United States or to the en- (3) in subsection (c), by striking paragraph (aa) or (bb) of subclause (I). vironment of the United States, without tak- (3). ‘‘(ii) EFFECT OF SUBPARAGRAPH.—Nothing ing into account cost or other non-risk fac- SEC. 14. CONFIDENTIAL INFORMATION. in this subparagraph authorizes the release tors; and Section 14 of the Toxic Substances Control ‘‘(ii) is subject to restriction under section of any information that discloses— Act (15 U.S.C. 2613) is amended to read as fol- 5(d)(4). ‘‘(I) a process used in the manufacturing or lows: processing of a chemical substance or mix- ‘‘(3) WAIVERS FOR CERTAIN MIXTURES AND ‘‘SEC. 14. CONFIDENTIAL INFORMATION. ture; or ARTICLES.—For a mixture or article con- taining a chemical substance described in ‘‘(a) IN GENERAL.—Except as otherwise pro- ‘‘(II) in the case of a mixture, the portion paragraph (2), the Administrator may— vided in this section, the Administrator shall of the mixture comprised by any chemical ‘‘(A) determine that paragraph (1) shall not not disclose information that is exempt from substance in the mixture. apply to the mixture or article; or disclosure pursuant to subsection (a) of sec- ‘‘(B) OTHER INFORMATION NOT PROTECTED ‘‘(B) establish a threshold concentration in tion 552 of title 5, United States Code, under FROM DISCLOSURE.— a mixture or article at which paragraph (1) subsection (b)(4) of that section— ‘‘(i) For information submitted after the shall not apply. ‘‘(1) that is reported to, or otherwise ob- date of enactment of the Frank R. Lauten- ‘‘(4) TESTING.—The Administrator may re- tained by, the Administrator under this Act; berg Chemical Safety for the 21st Century quire testing under section 4 of any chemical and Act, the specific identity of a chemical sub- substance or mixture exempted from this ‘‘(2) for which the requirements of sub- stance as of the date on which the chemical Act under paragraph (1) for the purpose of section (d) are met. substance is first offered for commercial dis- determining whether the chemical substance ‘‘(b) INFORMATION GENERALLY PROTECTED tribution, if the person submitting the infor- meets the safety standard within the United FROM DISCLOSURE.—The following informa- mation does not meet the requirements of States.’’; tion specific to, and submitted by, a manu- subsection (d). (2) by striking subsection (b) and inserting facturer, processor, or distributor that meets ‘‘(ii) A safety assessment developed, or a the following: the requirements of subsections (a) and (d) safety determination made, under section 6. ‘‘(b) NOTICE.— shall be presumed to be protected from dis- ‘‘(iii) Any general information describing ‘‘(1) IN GENERAL.—A person shall notify the closure, subject to the condition that noth- the manufacturing volumes, expressed as Administrator that the person is exporting ing in this Act prohibits the disclosure of specific aggregated volumes or, if the Ad- or intends to export to a foreign country— any such information, or information that is ministrator determines that disclosure of ‘‘(A) a chemical substance or a mixture the subject of subsection (g)(3), through dis- specific aggregated volumes would reveal containing a chemical substance that the covery, subpoena, other court order, or any confidential information, expressed in Administrator has determined under section other judicial process otherwise allowed ranges. 5 is not likely to meet the safety standard under applicable Federal or State law: ‘‘(iv) A general description of a process and for which a prohibition or other restric- ‘‘(1) Specific information describing the used in the manufacture or processing and tion has been proposed or established under processes used in manufacture or processing industrial, commercial, or consumer func- that section; of a chemical substance, mixture, or article. tions and uses of a chemical substance, mix- ‘‘(B) a chemical substance or a mixture ‘‘(2) Marketing and sales information. ture, or article containing a chemical sub- containing a chemical substance that the ‘‘(3) Information identifying a supplier or stance or mixture, including information Administrator has determined under section customer. specific to an industry or industry sector 6 does not meet the safety standard and for ‘‘(4) Details of the full composition of a that customarily would be shared with the which a prohibition or other restriction has mixture and the respective percentages of general public or within an industry or in- been proposed or established under that sec- constituents. dustry sector. tion; ‘‘(5) Specific information regarding the ‘‘(2) MIXED CONFIDENTIAL AND NONCONFIDEN- ‘‘(C) a chemical substance for which the use, function, or application of a chemical TIAL INFORMATION .—Any information that is United States is obligated by treaty to pro- substance or mixture in a process, mixture, eligible for protection under this section and vide export notification; or product. is submitted with information described in ‘‘(D) a chemical substance or mixture con- ‘‘(6) Specific production or import volumes this subsection shall be protected from dis- taining a chemical substance subject to a of the manufacturer. closure, if the submitter complies with sub- proposed or promulgated significant new use ‘‘(7) Specific aggregated volumes across section (d), subject to the condition that in- rule, or a prohibition or other restriction manufacturers, if the Administrator deter- formation in the submission that is not eligi- pursuant to a rule, order, or consent agree- mines that disclosure of the specific aggre- ble for protection against disclosure shall be ment in effect under this Act; gated volumes would reveal confidential in- disclosed. ‘‘(E) a chemical substance or mixture for formation. ‘‘(3) BAN OR PHASE-OUT.—If the Adminis- which the submission of information is re- ‘‘(8) Except as otherwise provided in this trator promulgates a rule pursuant to sec- quired under section 4; or section, the specific identity of a chemical tion 6(d) that establishes a ban or phase-out ‘‘(F) a chemical substance or mixture for substance prior to the date on which the of the manufacture, processing, or distribu- which an action is pending or for which relief chemical substance is first offered for com- tion in commerce of a chemical substance, has been granted under section 7. mercial distribution, including the chemical subject to paragraphs (2), (3), and (4) of sub- ‘‘(2) RULES.— name, molecular formula, Chemical Ab- section (g), any protection from disclosure ‘‘(A) IN GENERAL.—The Administrator shall stracts Service number, and other informa- provided under this section with respect to promulgate rules to carry out paragraph (1). tion that would identify a specific chemical the specific identity of the chemical sub- ‘‘(B) CONTENTS.—The rules promulgated substance, if the specific identity was stance and other information relating to the pursuant to subparagraph (A) shall— claimed as confidential information at the chemical substance shall no longer apply.

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‘‘(4) CERTAIN REQUESTS.—If a request is ‘‘(1) shall be disclosed if the information is State or a political subdivision of a State, or made to the Administrator under section to be disclosed to an officer or employee of first responder shall have a reasonable basis 552(a) of title 5, United States Code, for in- the United States in connection with the of- to suspect that— formation that is subject to disclosure under ficial duties of the officer or employee— ‘‘(i) a medical or public health or environ- this subsection, the Administrator may not ‘‘(A) under any law for the protection of mental emergency exists; deny the request on the basis of section health or the environment; or ‘‘(ii) the information is necessary for, or 552(b)(4) of title 5, United States Code. ‘‘(B) for a specific law enforcement pur- will assist in, emergency or first-aid diag- ‘‘(d) REQUIREMENTS FOR CONFIDENTIALITY pose; nosis or treatment; or CLAIMS.— ‘‘(2) shall be disclosed if the information is ‘‘(iii) 1 or more individuals being diagnosed ‘‘(1) ASSERTION OF CLAIMS.— to be disclosed to a contractor of the United or treated have likely been exposed to the ‘‘(A) IN GENERAL.—A person seeking to pro- States and employees of that contractor— chemical substance concerned, or a serious tect any information submitted under this ‘‘(A) if, in the opinion of the Adminis- environmental release of or exposure to the Act from disclosure (including information trator, the disclosure is necessary for the chemical substance concerned has occurred; described in subsection (b)) shall assert to satisfactory performance by the contractor ‘‘(B) if requested by the person submitting the Administrator a claim for protection of a contract with the United States for the the information to the Administrator, the concurrent with submission of the informa- performance of work in connection with this treating physician, nurse, agent, public tion, in accordance with such rules regarding Act; and health or environmental official of a State a claim for protection from disclosure as the ‘‘(B) subject to such conditions as the Ad- or a political subdivision of a State, or first Administrator has promulgated or may pro- ministrator may specify; responder shall, as described in paragraph mulgate pursuant to this title. ‘‘(3) shall be disclosed if the Administrator (5)— ‘‘(B) INCLUSION.—An assertion of a claim determines that disclosure is necessary to ‘‘(i) provide a written statement of need; under subparagraph (A) shall include a state- protect health or the environment; and ment that the person has— ‘‘(4) shall be disclosed if the information is ‘‘(ii) agree to sign a confidentiality agree- ‘‘(i) taken reasonable measures to protect to be disclosed to a State or political sub- ment; and the confidentiality of the information; division of a State, on written request, for ‘‘(C) the written confidentiality agreement ‘‘(ii) determined that the information is the purpose of development, administration, or statement of need shall be submitted as not required to be disclosed or otherwise or enforcement of a law, if 1 or more applica- soon as practicable, but not necessarily be- made available to the public under any other ble agreements with the Administrator that fore the information is disclosed; Federal law; are consistent with the guidance issued ‘‘(7) may be disclosed if the Administrator ‘‘(iii) a reasonable basis to conclude that under subsection (d)(3)(B) ensure that the re- determines that disclosure is relevant in a disclosure of the information is likely to cipient will take appropriate measures, and proceeding under this Act, subject to the cause substantial harm to the competitive has adequate authority, to maintain the con- condition that the disclosure shall be made position of the person; and fidentiality of the information in accordance in such a manner as to preserve confiden- ‘‘(iv) a reasonable basis to believe that the with procedures comparable to the proce- tiality to the maximum extent practicable information is not readily discoverable dures used by the Administrator to safe- without impairing the proceeding; through reverse engineering. guard the information; ‘‘(8) shall be disclosed if the information is ‘‘(C) SPECIFIC CHEMICAL IDENTITY.—In the ‘‘(5) shall be disclosed if a health or envi- to be disclosed, on written request of any case of a claim under subparagraph (A) for ronmental professional employed by a Fed- duly authorized congressional committee, to protection against disclosure of a specific eral or State agency or a treating physician that committee; or chemical identity, the claim shall include a or nurse in a nonemergency situation pro- ‘‘(9) shall be disclosed if the information is structurally descriptive generic name for the vides a written statement of need and agrees required to be disclosed or otherwise made chemical substance that the Administrator to sign a written confidentiality agreement public under any other provision of Federal may disclose to the public, subject to the with the Administrator, subject to the condi- law. condition that the generic name shall— tions that— ‘‘(f) DURATION OF PROTECTION FROM DISCLO- ‘‘(i) be consistent with guidance issued by ‘‘(A) the statement of need and confiden- SURE.— the Administrator under paragraph (3)(A); tiality agreement are consistent with the ‘‘(1) IN GENERAL.— and guidance issued under subsection (d)(3)(B); ‘‘(A) INFORMATION NOT SUBJECT TO TIME ‘‘(ii) describe the chemical structure of the ‘‘(B) the written statement of need shall be LIMIT FOR PROTECTION FROM DISCLOSURE.— substance as specifically as practicable while a statement that the person has a reasonable Subject to paragraph (2), the Administrator protecting those features of the chemical basis to suspect that— shall protect from disclosure information de- structure— ‘‘(i) the information is necessary for, or scribed in subsection (b) that meets the re- ‘‘(I) that are considered to be confidential; will assist in— quirements of subsections (a) and (d), un- and ‘‘(I) the diagnosis or treatment of 1 or less— ‘‘(II) the disclosure of which would be like- more individuals; or ‘‘(i) the person that asserted the claim no- ly to cause substantial harm to the competi- ‘‘(II) responding to an environmental re- tifies the Administrator that the person is tive position of the person. lease or exposure; and withdrawing the claim, in which case the Ad- ‘‘(D) PUBLIC INFORMATION.—No person may ‘‘(ii) 1 or more individuals being diagnosed ministrator shall promptly make the infor- assert a claim under this section for protec- or treated have been exposed to the chemical mation available to the public; or tion from disclosure of information that is substance concerned, or an environmental ‘‘(ii) the Administrator otherwise becomes already publicly available. release or exposure has occurred; and aware that the information does not qualify ‘‘(2) ADDITIONAL REQUIREMENTS FOR CON- ‘‘(C) the confidentiality agreement shall or no longer qualifies for protection against FIDENTIALITY CLAIMS.—Except for informa- provide that the person will not use the in- disclosure under subsection (a), in which tion described in subsection (b), a person as- formation for any purpose other than the case the Administrator shall take any ac- serting a claim to protect information from health or environmental needs asserted in tions required under subsection (g)(2). disclosure under this Act shall substantiate the statement of need, except as otherwise ‘‘(B) INFORMATION SUBJECT TO TIME LIMIT the claim, in accordance with the rules pro- may be authorized by the terms of the agree- FOR PROTECTION FROM DISCLOSURE.—Subject mulgated and consistent with the guidance ment or by the person submitting the infor- to paragraph (2), the Administrator shall issued by the Administrator. mation to the Administrator, except that protect from disclosure information, other ‘‘(3) GUIDANCE.—The Administrator shall nothing in this Act prohibits the disclosure than information described in subsection (b), develop guidance regarding— of any such information through discovery, that meets the requirements of subsections ‘‘(A) the determination of structurally de- subpoena, other court order, or any other ju- (a) and (d) for a period of 10 years, unless, scriptive generic names, in the case of dicial process otherwise allowed under appli- prior to the expiration of the period— claims for the protection against disclosure cable Federal or State law; ‘‘(i) the person that asserted the claim no- of specific chemical identity; and ‘‘(6) shall be disclosed if in the event of an tifies the Administrator that the person is ‘‘(B) the content and form of the state- emergency, a treating physician, nurse, withdrawing the claim, in which case the Ad- ments of need and agreements required agent of a poison control center, public ministrator shall promptly make the infor- under paragraphs (4), (5), and (6) of sub- health or environmental official of a State mation available to the public; or section (e). or political subdivision of a State, or first re- ‘‘(ii) the Administrator otherwise becomes ‘‘(4) CERTIFICATION.—An authorized official sponder (including any individual duly au- aware that the information does not qualify of a person described in paragraph (1)(A) thorized by a Federal agency, State, or polit- or no longer qualifies for protection against shall certify that the statement required to ical subdivision of a State who is trained in disclosure under subsection (a), in which assert a claim submitted pursuant to para- urgent medical care or other emergency pro- case the Administrator shall take any ac- graph (1)(B) and any information required to cedures, including a police officer, fire- tions required under subsection (g)(2). substantiate a claim submitted pursuant to fighter, or emergency medical technician) ‘‘(C) EXTENSIONS.— paragraph (2) are true and correct. requests the information, subject to the con- ‘‘(i) IN GENERAL.—Not later than the date ‘‘(e) EXCEPTIONS TO PROTECTION FROM DIS- ditions that— that is 60 days before the expiration of the CLOSURE.—Information described in sub- ‘‘(A) the treating physician, nurse, agent, period described in subparagraph (B), the Ad- section (a)— public health or environmental official of a ministrator shall provide to the person that

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.027 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8809 asserted the claim a notice of the impending ‘‘(i) reassert and substantiate or resubstan- tent of the Administrator to release the in- expiration of the period. tiate the claim; or formation. ‘‘(ii) STATEMENT.— ‘‘(ii) withdraw the claim. ‘‘(B) RELEASE OF INFORMATION.—Except as ‘‘(I) IN GENERAL.—Not later than the date ‘‘(D) PERIOD OF PROTECTION.—Protection provided in subparagraph (C), the Adminis- that is 30 days before the expiration of the from disclosure of information subject to a trator shall not release information under period described in subparagraph (B), a per- claim that is reviewed and approved by the this subsection until the date that is 30 days son reasserting the relevant claim shall sub- Administrator under this paragraph shall be after the date on which the person that sub- mit to the Administrator a request for ex- extended for a period of 10 years from the mitted the request receives notification tension substantiating, in accordance with date of approval, subject to any subsequent under subparagraph (A). subsection (d)(2), the need to extend the pe- request by the Administrator under this ‘‘(C) EXCEPTIONS.— riod. paragraph. ‘‘(i) IN GENERAL.—For information under ‘‘(II) ACTION BY ADMINISTRATOR.—Not later ‘‘(3) UNIQUE IDENTIFIER.—The Adminis- paragraph (3) or (8) of subsection (e), the Ad- than the date of expiration of the period de- trator shall— ministrator shall not release that informa- scribed in subparagraph (B), the Adminis- ‘‘(A)(i) develop a system to assign a unique tion until the date that is 15 days after the trator shall, in accordance with subsection identifier to each specific chemical identity date on which the person that submitted the (g)(1)(C)— for which the Administrator approves a re- claim or request receives a notification, un- ‘‘(aa) review the request submitted under quest for protection from disclosure, other less the Administrator determines that re- subclause (I); than a specific chemical identity or struc- lease of the information is necessary to pro- ‘‘(bb) make a determination regarding turally descriptive generic term; and tect against an imminent and substantial whether the claim for which the request was ‘‘(ii) apply that identifier consistently to harm to health or the environment, in which submitted continues to meet the relevant all information relevant to the applicable case no prior notification shall be necessary. criteria established under this section; and chemical substance; ‘‘(ii) NOTIFICATION AS SOON AS PRAC- ‘‘(cc)(AA) grant an extension of 10 years; or ‘‘(B) annually publish and update a list of TICABLE.—For information under paragraphs ‘‘(BB) deny the request. chemical substances, referred to by unique (4) and (6) of subsection (e), the Adminis- ‘‘(D) NO LIMIT ON NUMBER OF EXTENSIONS.— identifier, for which claims to protect the trator shall notify the person that submitted There shall be no limit on the number of ex- specific chemical identity from disclosure tensions granted under subparagraph (C), if have been approved, including the expiration the information that the information has the Administrator determines that the rel- date for each such claim; been disclosed as soon as practicable after evant request under subparagraph (C)(ii)(I)— ‘‘(C) ensure that any nonconfidential infor- disclosure of the information. ‘‘(i) establishes the need to extend the pe- mation received by the Administrator with ‘‘(iii) NO NOTIFICATION REQUIRED.—Notifica- riod; and respect to such a chemical substance during tion shall not be required— ‘‘(ii) meets the requirements established the period of protection from disclosure— ‘‘(I) for the disclosure of information under by the Administrator. ‘‘(i) is made public; and paragraph (1), (2), (7), or (9) of subsection (e); ‘‘(2) REVIEW AND RESUBSTANTIATION.— ‘‘(ii) identifies the chemical substance or ‘‘(A) DISCRETION OF ADMINISTRATOR.—The using the unique identifier; and ‘‘(II) for the disclosure of information for Administrator may review, at any time, a ‘‘(D) for each claim for protection of spe- which— claim for protection of information against cific chemical identity that has been denied ‘‘(aa) a notice under subsection (f)(1)(C)(i) disclosure under subsection (a) and require by the Administrator or expired, or that has was received; and any person that has claimed protection for been withdrawn by the submitter, provide ‘‘(bb) no request was received by the Ad- that information, whether before, on, or public access to the specific chemical iden- ministrator on or before the date of expira- after the date of enactment of the Frank R. tity clearly linked to all nonconfidential in- tion of the period for which protection from Lautenberg Chemical Safety for the 21st formation received by the Administrator disclosure applies. Century Act, to withdraw or reassert and with respect to the chemical substance. ‘‘(3) REBUTTABLE PRESUMPTION.— substantiate or resubstantiate the claim in ‘‘(g) DUTIES OF ADMINISTRATOR.— ‘‘(A) IN GENERAL.—With respect to notifica- accordance with this section— ‘‘(1) DETERMINATION.— tions provided by the Administrator under ‘‘(i) after the chemical substance is identi- ‘‘(A) IN GENERAL.—Except as provided in paragraph (2) with respect to information fied as a high-priority substance under sec- subsection (b), the Administrator shall, sub- pertaining to a chemical substance subject tion 4A; ject to subparagraph (C), not later than 90 to a rule as described in subsection (c)(3), ‘‘(ii) for any chemical substance for which days after the receipt of a claim under sub- there shall be a rebuttable presumption that the Administrator has made a determination section (d), and not later than 30 days after the public interest in disclosing confidential under section 6(c)(1)(C); the receipt of a request for extension of a information related to a chemical substance ‘‘(iii) for any inactive chemical substance claim under subsection (f), review and ap- subject to a rule promulgated under section identified under section 8(b)(5); or prove, modify, or deny the claim or request. 6(d) that establishes a ban or phase-out of ‘‘(iv) in limited circumstances, if the Ad- ‘‘(B) REASONS FOR DENIAL OR MODIFICA- the manufacture, processing, or distribution ministrator determines that disclosure of TION.—If the Administrator denies or modi- in commerce of the substance outweighs the certain information currently protected fies a claim or request under subparagraph proprietary interest in maintaining the pro- from disclosure would assist the Adminis- (A), the Administrator shall provide to the tection from disclosure of that information. trator in conducting safety assessments and person that submitted the claim or request a ‘‘(B) REQUEST FOR NONDISCLOSURE.—A per- safety determinations under subsections (b) written statement of the reasons for the de- son that receives a notification under para- and (c) of section 6 or promulgating rules nial or modification of the claim or request. graph (2) with respect to the information de- pursuant to section 6(d). ‘‘(C) SUBSETS.—The Administrator shall— scribed in subparagraph (A) may submit to ‘‘(B) REVIEW REQUIRED.—The Adminis- ‘‘(i) except for claims described in sub- the Administrator, before the date on which trator shall review a claim for protection of section (b)(8), review all claims or requests the information is to be released pursuant to information against disclosure under sub- under this section for the protection against paragraph (2)(B), a request with supporting section (a) and require any person that has disclosure of the specific identity of a chem- documentation describing why the person be- claimed protection for that information, ical substance; and lieves some or all of that information should whether before, on, or after the date of en- ‘‘(ii) review a representative subset, com- not be disclosed. actment of the Frank R. Lautenberg Chem- prising at least 25 percent, of all other ‘‘(C) DETERMINATION BY ADMINISTRATOR.— ical Safety for the 21st Century Act, to with- claims or requests for protection against dis- ‘‘(i) IN GENERAL.—Not later than 30 days draw or reassert and substantiate or re- closure. after the Administrator receives a request substantiate the claim in accordance with ‘‘(D) EFFECT OF FAILURE TO ACT.—The fail- under subparagraph (B), the Administrator this section— ure of the Administrator to make a decision shall determine whether the documentation ‘‘(i) as necessary to determine whether the regarding a claim or request for protection provided by the person making the request information qualifies for an exemption from against disclosure or extension under this rebuts or does not rebut the presumption de- disclosure in connection with a request for section shall not be the basis for denial or scribed in subparagraph (A), for all or a por- information received by the Administrator elimination of a claim or request for protec- tion of the information that the person has under section 552 of title 5, United States tion against disclosure. requested not be disclosed. Code; ‘‘(2) NOTIFICATION.— ‘‘(ii) OBJECTIVE.—The Administrator shall ‘‘(ii) if the Administrator has a reasonable ‘‘(A) IN GENERAL.—Except as provided in make the determination with the objective basis to believe that the information does subparagraph (B) and subsections (c), (e), and of ensuring that information relevant to pro- not qualify for protection against disclosure (f), if the Administrator denies or modifies a tection of health and the environment is dis- under subsection (a); or claim or request under paragraph (1), intends closed to the maximum extent practicable. ‘‘(iii) for any substance for which the Ad- to release information pursuant to sub- ‘‘(D) TIMING.—Not later than 30 days after ministrator has made a determination under section (e), or promulgates a rule under sec- making the determination described in sub- section 6(c)(1)(B). tion 6(d) establishing a ban or phase-out of a paragraph (C), the Administrator shall make ‘‘(C) ACTION BY RECIPIENT.—If the Adminis- chemical substance, the Administrator shall public the information the Administrator trator makes a request under subparagraph notify, in writing and by certified mail, the has determined is not to be protected from (A) or (B), the recipient of the request shall— person that submitted the claim of the in- disclosure.

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‘‘(E) NO TIMELY REQUEST RECEIVED.—If the ‘‘(2) ACTIONS PRIOR TO PROMULGATION OF statute or administrative action to prohibit Administrator does not receive, before the RULES.—Nothing in this Act prevents the Ad- or otherwise restrict the manufacture, proc- date on which the information described in ministrator from reviewing, requiring sub- essing, or distribution in commerce or use of subparagraph (A) is to be released pursuant stantiation or resubstantiation for, or ap- a chemical substance— to paragraph (2)(B), a request pursuant to proving, modifying or denying any claim for ‘‘(i) found to meet the safety standard and subparagraph (B), the Administrator shall the protection from disclosure of informa- consistent with the scope of the determina- promptly make public all of the information. tion before the effective date of such rules tion made under section 6; or ‘‘(4) APPEALS.— applicable to those claims as the Adminis- ‘‘(ii) found not to meet the safety standard, ‘‘(A) IN GENERAL.—If a person receives a trator may promulgate after the date of en- after the effective date of the rule issued notification under paragraph (2) and believes actment of the Frank R. Lautenberg Chem- under section 6(d) for the substance, con- disclosure of the information is prohibited ical Safety for the 21st Century Act.’’. sistent with the scope of the determination under subsection (a), before the date on SEC. 15. PROHIBITED ACTS. made by the Administrator. which the information is to be released pur- Section 15 of the Toxic Substances Control ‘‘(C) SIGNIFICANT NEW USE.—A statute or suant to paragraph (2)(B), the person may Act (15 U.S.C. 2614) is amended by striking administrative action requiring the notifica- bring an action to restrain disclosure of the paragraph (1) and inserting the following: tion of a use of a chemical substance that information in— ‘‘(1) fail or refuse to comply with— the Administrator has specified as a signifi- ‘‘(i) the United States district court of the ‘‘(A) any rule promulgated, consent agree- cant new use and for which the Adminis- district in which the complainant resides or ment entered into, or order issued under sec- trator has required notification pursuant to has the principal place of business; or tion 4; a rule promulgated under section 5. ‘‘(ii) the United States District Court for ‘‘(B) any requirement under section 5 or 6; ‘‘(2) EFFECTIVE DATE OF PREEMPTION.— the District of Columbia. ‘‘(C) any rule promulgated, consent agree- Under this subsection, Federal preemption of ‘‘(B) NO DISCLOSURE.—The Administrator ment entered into, or order issued under sec- statutes and administrative actions applica- shall not disclose any information that is tion 5 or 6; or ble to specific substances shall not occur the subject of an appeal under this section ‘‘(D) any requirement of, or any rule pro- until the effective date of the applicable ac- before the date on which the applicable court mulgated or order issued pursuant to title tion described in paragraph (1) taken by the rules on an action under subparagraph (A). II;’’. Administrator. ‘‘(5) REQUEST AND NOTIFICATION SYSTEM.— SEC. 16. PENALTIES. ‘‘(b) NEW STATUTES OR ADMINISTRATIVE AC- The Administrator, in consultation with the Section 16 of the Toxic Substances Control TIONS CREATING PROHIBITIONS OR OTHER RE- Director of the Centers for Disease Control Act (15 U.S.C. 2615) is amended— STRICTIONS.— and Prevention, shall develop a request and (1) in subsection (a)(1)— ‘‘(1) IN GENERAL.—Except as provided in notification system that allows for expedient (A) in the first sentence, by striking subsections (c), (d), (e), (f), and (g), beginning and swift access to information disclosed ‘‘$25,000’’ and inserting ‘‘$37,500’’; and on the date on which the Administrator de- pursuant to paragraphs (5) and (6) of sub- (B) in the second sentence, by striking‘‘ fines and publishes the scope of a safety as- section (e) in a format and language that is violation of section 15 or 409’’ and inserting sessment and safety determination under readily accessible and understandable. ‘‘violation of this Act’’; and section 6(a)(2) and ending on the date on ‘‘(h) CRIMINAL PENALTY FOR WRONGFUL DIS- (2) in subsection (b)— which the deadline established pursuant to CLOSURE.— (A) by striking ‘‘Any person who’’ and in- section 6(a) for completion of the safety de- ‘‘(1) OFFICERS AND EMPLOYEES OF UNITED serting the following: termination expires, or on the date on which STATES.— ‘‘(1) IN GENERAL.—Any person that’’; the Administrator publishes the safety de- ‘‘(A) IN GENERAL.—Subject to paragraph (B) by striking ‘‘$25,000’’ and inserting termination under section 6(a), whichever is (2), a current or former officer or employee ‘‘$50,000’’; and earlier, no State or political subdivision of a of the United States described in subpara- (C) by adding at the end the following: State may establish a statute or administra- graph (B) shall be guilty of a misdemeanor ‘‘(2) IMMINENT DANGER OF DEATH OR SERIOUS tive action prohibiting or restricting the and fined under title 18, United States Code, BODILY INJURY.— manufacture, processing, distribution in or imprisoned for not more than 1 year, or ‘‘(A) IN GENERAL.—Any person that know- commerce or use of a chemical substance both. ingly or willfully violates any provision of that is a high-priority substance designated ‘‘(B) DESCRIPTION.—A current or former of- section 15 or 409, and that knows at the time under section 4A. ficer or employee of the United States re- of the violation that the violation places an ‘‘(2) EFFECT OF SUBSECTION.— ferred to in subparagraph (A) is a current or individual in imminent danger of death or ‘‘(A) IN GENERAL.—This subsection does not former officer or employee of the United serious bodily injury, shall be subject on restrict the authority of a State or political States who— conviction to a fine of not more than subdivision of a State to continue to enforce ‘‘(i) by virtue of that employment or offi- $250,000, or imprisonment for not more than any statute enacted, or administrative ac- cial position has obtained possession of, or 15 years, or both. tion taken, prior to the date on which the has access to, material the disclosure of ‘‘(B) ORGANIZATIONS.—An organization that Administrator defines and publishes the which is prohibited by subsection (a); and commits a violation described in subpara- scope of a safety assessment and safety de- ‘‘(ii) knowing that disclosure of that mate- graph (A) shall be subject on conviction to a termination under section 6(a)(2). rial is prohibited by subsection (a), willfully fine of not more than $1,000,000 for each vio- ‘‘(B) LIMITATION.—Subparagraph (A) does discloses the material in any manner to any lation. not allow a State or political subdivision of person not entitled to receive that material. ‘‘(C) INCORPORATION OF CORRESPONDING PRO- a State to enforce any new prohibition or re- ‘‘(2) OTHER LAWS.—Section 1905 of title 18, VISIONS.—Subparagraphs (B) through (F) of striction under a statute or administrative United States Code, shall not apply with re- section 113(c)(5) of the Clean Air Act (42 action described in that subparagraph, if the spect to the publishing, divulging, disclo- U.S.C. 7413(c)(5)) shall apply to the prosecu- prohibition or restriction is established after sure, making known of, or making available, tion of a violation under this paragraph.’’. the date described in that subparagraph. information reported or otherwise obtained SEC. 17. STATE-FEDERAL RELATIONSHIP. ‘‘(c) SCOPE OF PREEMPTION.—Federal pre- under this Act. Section 18 of the Toxic Substances Control emption under subsections (a) and (b) of stat- ‘‘(3) CONTRACTORS.—For purposes of this Act (15 U.S.C. 2617) is amended by striking utes and administrative actions applicable subsection, any contractor of the United subsections (a) and (b) and inserting the fol- to specific substances shall apply only to— States that is provided information in ac- lowing: ‘‘(1) the chemical substances or category of cordance with subsection (e)(2), including ‘‘(a) IN GENERAL.— substances subject to a rule, order, or con- any employee of that contractor, shall be ‘‘(1) ESTABLISHMENT OR ENFORCEMENT.—Ex- sent agreement under section 4; considered to be an employee of the United cept as provided in subsections (c), (d), (e), ‘‘(2) the hazards, exposures, risks, and uses States. (f), and (g), and subject to paragraph (2), no or conditions of use of such substances that ‘‘(i) APPLICABILITY.— State or political subdivision of a State may are identified by the Administrator as sub- ‘‘(1) IN GENERAL.—Except as otherwise pro- establish or continue to enforce any of the ject to review in a safety assessment and in- vided in this section, section 8, or any other following: cluded in the scope of the safety determina- applicable Federal law, the Administrator ‘‘(A) TESTING.—A statute or administrative tion made by the Administrator for the sub- shall have no authority— action to require the development of infor- stance, or of any rule the Administrator pro- ‘‘(A) to require the substantiation or re- mation on a chemical substance or category mulgates pursuant to section 6(d); or substantiation of a claim for the protection of substances that is reasonably likely to ‘‘(3) the uses of such substances that the from disclosure of information reported to or produce the same information required under Administrator has specified as significant otherwise obtained by the Administrator section 4, 5, or 6 in— new uses and for which the Administrator under this Act before the date of enactment ‘‘(i) a rule promulgated by the Adminis- has required notification pursuant to a rule of the Frank R. Lautenberg Chemical Safety trator; promulgated under section 5. for the 21st Century Act; or ‘‘(ii) a testing consent agreement entered ‘‘(d) EXCEPTIONS.— ‘‘(B) to impose substantiation or re- into by the Administrator; or ‘‘(1) NO PREEMPTION OF STATUTES AND AD- substantiation requirements under this Act ‘‘(iii) an order issued by the Administrator. MINISTRATIVE ACTIONS.— that are more extensive than those required ‘‘(B) CHEMICAL SUBSTANCES FOUND TO MEET ‘‘(A) IN GENERAL.—Nothing in this Act, nor under this section. THE SAFETY STANDARD OR RESTRICTED.—A any amendment made by this Act, nor any

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.027 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8811 rule, standard of performance, safety deter- to a chemical substance or mixture con- grant or deny a waiver application shall be mination, or scientific assessment imple- taining a chemical substance and follows a nondelegable and shall be exercised— mented pursuant to this Act, shall affect the designation of that chemical substance as a ‘‘(A) not later than 180 days after the date right of a State or a political subdivision of high-priority substance under subsection (b) on which an application under paragraph (1) a State to adopt or enforce any rule, stand- or (c) of section 4A or as an additional pri- is submitted; and ard of performance, safety determination, ority for safety assessment and safety deter- ‘‘(B) not later than 110 days after the date scientific assessment, or any protection for mination under section 4A(c). on which an application under paragraph (2) public health or the environment that— ‘‘(e) PRESERVATION OF CERTAIN LAWS.— is submitted. ‘‘(i) is adopted or authorized under the au- ‘‘(1) IN GENERAL.—Nothing in this Act, sub- ‘‘(4) FAILURE TO MAKE DETERMINATION.—If thority of any other Federal law or adopted ject to subsection (g) of this section, shall— the Administrator fails to make a deter- to satisfy or obtain authorization or ap- ‘‘(A) be construed to preempt or otherwise mination under paragraph (3)(B) during the proval under any other Federal law; affect the authority of a State or political 110-day period beginning on the date on ‘‘(ii) implements a reporting, monitoring, subdivision of a State to continue to enforce which an application under paragraph (2) is disclosure, or other information obligation any action taken before August 1, 2015, under submitted, the statute or administrative ac- for the chemical substance not otherwise re- the authority of a law of the State or polit- tion of the State or political subdivision of quired by the Administrator under this Act ical subdivision of the State that prohibits the State that was the subject of the applica- or required under any other Federal law; or otherwise restricts manufacturing, proc- tion shall not be considered to be an existing ‘‘(iii) is adopted pursuant to authority essing, distribution in commerce, use, or dis- statute or administrative action for purposes under a law of the State or political subdivi- posal of a chemical substance; or of subsection (b) by reason of the failure of sion of the State related to water quality, ‘‘(B) be construed to preempt or otherwise the Administrator to make a determination. air quality, or waste treatment or disposal, affect any action taken pursuant to a State ‘‘(5) NOTICE AND COMMENT.—Except in the except to the extent that the action— law that was in effect on August 31, 2003. case of an application approved under para- ‘‘(I) imposes a restriction on the manufac- ‘‘(2) EFFECT OF SUBSECTION.—This sub- graph (9), the application of a State or polit- ture, processing, distribution in commerce, section does not affect, modify, or alter the ical subdivision of a State shall be subject to or use of a chemical substance; and relationship between Federal law and laws of public notice and comment. a State or political subdivision of a State ‘‘(II)(aa) addresses the same hazards and ‘‘(6) FINAL AGENCY ACTION.—The decision of exposures, with respect to the same condi- pursuant to any other Federal law. the Administrator on the application of a ‘‘(f) WAIVERS.— tions of use as are included in the scope of State or political subdivision of a State shall ‘‘(1) DISCRETIONARY EXEMPTIONS.—Upon ap- the safety determination pursuant to section be— plication of a State or political subdivision 6, but is inconsistent with the action of the ‘‘(A) considered to be a final agency action; Administrator; or of a State, the Administrator may by rule, exempt from subsection (a), under such con- and ‘‘(bb) would cause a violation of the appli- ‘‘(B) subject to judicial review. cable action by the Administrator under sec- ditions as may be prescribed in the rule, a statute or administrative action of that ‘‘(7) DURATION OF WAIVERS.—A waiver tion 5 or 6; or granted under paragraph (2) or approved ‘‘(iv) subject to subparagraph (B), is iden- State or political subdivision of the State that relates to the effects of, or exposure to, under paragraph (9) shall remain in effect tical to a requirement prescribed by the Ad- until such time as the Administrator pub- ministrator. a chemical substance under the conditions of lishes the safety determination under sec- ‘‘(B) IDENTICAL REQUIREMENTS.— use if the Administrator determines that— tion 6(a)(4). ‘‘(i) IN GENERAL.—The penalties and other ‘‘(A) compelling conditions warrant grant- ‘‘(8) JUDICIAL REVIEW OF WAIVERS.—Not sanctions applicable under a law of a State ing the waiver to protect health or the envi- later than 60 days after the date on which or political subdivision of a State in the ronment; the Administrator makes a determination on event of noncompliance with the identical ‘‘(B) compliance with the proposed require- an application of a State or political subdivi- requirement shall be no more stringent than ment of the State or political subdivision of sion of a State under paragraph (1) or (2), the penalties and other sanctions available the State would not unduly burden inter- any person may file a petition for judicial re- to the Administrator under section 16 of this state commerce in the manufacture, proc- Act. essing, distribution in commerce, or use of a view in the United States Court of Appeals for the District of Columbia Circuit, which ‘‘(ii) PENALTIES.—In the case of an iden- chemical substance; tical requirement— ‘‘(C) compliance with the proposed require- shall have exclusive jurisdiction over the de- ‘‘(I) a State or political subdivision of a ment of the State or political subdivision of termination. State may not assess a penalty for a specific the State would not cause a violation of any ‘‘(9) APPROVAL.— violation for which the Administrator has applicable Federal law, rule, or order; and ‘‘(A) AUTOMATIC APPROVAL.—If the Admin- assessed an adequate penalty under section ‘‘(D) in the judgment of the Administrator, istrator fails to meet the deadline estab- 16; and the proposed requirement of the State or po- lished under paragraph (3)(B), the applica- ‘‘(II) if a State or political subdivision of a litical subdivision of the State is designed to tion of a State or political subdivision of a State has assessed a penalty for a specific address a risk of a chemical substance, under State under paragraph (2) shall be automati- violation, the Administrator may not assess the conditions of use, that was identified— cally approved, effective on the date that is a penalty for that violation in an amount ‘‘(i) consistent with the best available 10 days after the deadline. that would cause the total of the penalties science; ‘‘(B) REQUIREMENTS.—Notwithstanding assessed for the violation by the State or po- ‘‘(ii) using supporting studies conducted in paragraph (6), approval of a waiver applica- litical subdivision of a State and the Admin- accordance with sound and objective sci- tion under subparagraph (A) for failure to istrator combined to exceed the maximum entific practices; and meet the deadline under paragraph (3)(B) amount that may be assessed for that viola- ‘‘(iii) based on the weight of the scientific shall not be considered final agency action tion by the Administrator under section 16. evidence. or be subject to judicial review or public no- ‘‘(2) APPLICABILITY TO CERTAIN RULES OR ‘‘(2) REQUIRED EXEMPTIONS.—Upon applica- tice and comment. ORDERS.—Notwithstanding subsection (e)— tion of a State or political subdivision of a ‘‘(g) SAVINGS.— ‘‘(A) nothing in this section shall be con- State, the Administrator shall exempt from ‘‘(1) NO PREEMPTION OF COMMON LAW OR strued as modifying the effect under this sec- subsection (b) a statute or administrative ac- STATUTORY CAUSES OF ACTION FOR CIVIL RE- tion, as in effect on the day before the effec- tion of a State or political subdivision of a LIEF OR CRIMINAL CONDUCT.— tive date of the Frank R. Lautenberg Chem- State that relates to the effects of exposure ‘‘(A) IN GENERAL.—Nothing in this Act, nor ical Safety for the 21st Century Act, of any to a chemical substance under the conditions any amendment made by this Act, nor any rule or order promulgated or issued under of use if the Administrator determines safety standard, rule, requirement, standard this Act prior to that effective date; and that— of performance, safety determination, or sci- ‘‘(B) with respect to a chemical substance ‘‘(A) compliance with the proposed require- entific assessment implemented pursuant to or mixture for which any rule or order was ment of the State or political subdivision of this Act, shall be construed to preempt, dis- promulgated or issued under section 6 prior the State would not unduly burden inter- place, or supplant any state or Federal com- to the effective date of the Frank R. Lauten- state commerce in the manufacture, proc- mon law rights or any state or Federal stat- berg Chemical Safety for the 21st Century essing, distribution in commerce, or use of a ute creating a remedy for civil relief, includ- Act with regards to manufacturing, proc- chemical substance; ing those for civil damage, or a penalty for a essing, distribution in commerce, use, or dis- ‘‘(B) compliance with the proposed require- criminal conduct. posal of a chemical substance, this section ment of the State or political subdivision of ‘‘(B) CLARIFICATION OF NO PREEMPTION.— (as in effect on the day before the effective the State would not cause a violation of any Notwithstanding any other provision of this date of the Frank R. Lautenberg Chemical applicable Federal law, rule, or order; and Act, nothing in this Act, nor any amend- Safety for the 21st Century Act) shall govern ‘‘(C) the State or political subdivision of ments made by this Act, shall preempt or the preemptive effect of any rule or order the State has a concern about the chemical preclude any cause of action for personal in- that is promulgated or issued respecting substance or use of the chemical substance jury, wrongful death, property damage, or such chemical substance or mixture under based in peer-reviewed science. other injury based on negligence, strict li- section 6 of this Act after that effective date, ‘‘(3) DETERMINATION OF A WAIVER RE- ability, products liability, failure to warn, or unless the latter rule or order is with respect QUEST.—The duty of the Administrator to any other legal theory of liability under any

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.027 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8812 CONGRESSIONAL RECORD — SENATE December 17, 2015 State law, maritime law, or Federal common United States Code, to be incorporated in the SEC. 21. EMPLOYMENT EFFECTS. law or statutory theory. rule, except as part of the rulemaking Section 24(b)(2)(B)(ii) of the Toxic Sub- ‘‘(2) NO EFFECT ON PRIVATE REMEDIES.— record, taken as a whole.’’. stances Control Act (15 U.S.C. 2623(b)(2)(B)(ii)) is amended by striking ‘‘sec- ‘‘(A) IN GENERAL.—Nothing in this Act, nor SEC. 19. CITIZENS’ CIVIL ACTIONS. any amendments made by this Act, nor any tion 6(c)(3),’’ and inserting ‘‘the applicable rules, regulations, requirements, safety as- Section 20 of the Toxic Substances Control requirements of this Act;’’. sessments, safety determinations, scientific Act (15 U.S.C. 2619) is amended— SEC. 22. STUDIES. assessments, or orders issued pursuant to (1) in subsection (a)(1), by striking ‘‘or Section 25 of the Toxic Substances Control this Act shall be interpreted as, in either the order issued under section 5’’ and inserting Act (15 U.S.C. 2624) is repealed. plaintiff’s or defendant’s favor, dispositive in ‘‘or order issued under section 4 or 5’’; and SEC. 23. ADMINISTRATION. any civil action. (2) in subsection (b)— Section 26 of the Toxic Substances Control (A) in paragraph (1)(B), by striking ‘‘or’’ at ‘‘(B) AUTHORITY OF COURTS.—This Act does Act (15 U.S.C. 2625) is amended— not affect the authority of any court to the end; (1) by striking subsection (b) and inserting make a determination in an adjudicatory (B) in paragraph (2), by striking the period the following: proceeding under applicable State or Federal at the end and inserting ‘‘, except that no ‘‘(b) FEES.— law with respect to the admission into evi- prior notification shall be required in the ‘‘(1) IN GENERAL.—The Administrator shall dence or any other use of this Act or rules, case of a civil action brought to compel a de- establish, not later than 1 year after the date regulations, requirements, standards of per- cision by the Administrator pursuant to sec- of enactment of the Frank R. Lautenberg formance, safety assessments, scientific as- tion 18(f)(3)(B); or’’; and Chemical Safety for the 21st Century Act, by sessments, or orders issued pursuant to this (C) by adding at the end the following: rule— Act.’’. ‘‘(3) in the case of a civil action brought to ‘‘(A) the payment of 1 or more reasonable compel a decision by the Administrator pur- fees as a condition of submitting a notice or SEC. 18. JUDICIAL REVIEW. suant to section 18(f)(3)(B), after the date requesting an exemption under section 5; and Section 19 of the Toxic Substances Control that is 60 days after the deadline specified in ‘‘(B) the payment of 1 or more reasonable Act (15 U.S.C. 2618) is amended— section 18(f)(3)(B).’’. fees by a manufacturer or processor that— (1) in subsection (a)— SEC. 20. CITIZENS’ PETITIONS. ‘‘(i) is required to submit a notice pursuant (A) in paragraph (1)— to the rule promulgated under section (i) in subparagraph (A)— Section 21 of the Toxic Substances Control 8(b)(4)(A)(i) identifying a chemical substance (I) in the first sentence— Act (15 U.S.C. 2620) is amended— as active; (aa) by striking ‘‘Not’’ and inserting ‘‘Ex- (1) in subsection (a), by striking ‘‘an order ‘‘(ii) is required to submit a notice pursu- cept as otherwise provided in this title, not’’; under section 5(e) or 6(b)(2)’’ and inserting ant to section 8(b)(5)(B)(i) changing the sta- (bb) by striking ‘‘section 4(a), 5(a)(2), ‘‘an order under section 4 or 5(d)’’; and tus of a chemical substance from inactive to 5(b)(4), 6(a), 6(e), or 8, or under title II or IV’’ (2) in subsection (b)— active; and inserting ‘‘this title or title II or IV, or (A) in paragraph (1), by striking ‘‘an order ‘‘(iii) is required to report information pur- an order under section 6(c)(1)(A)’’; and under section 5(e), 6(b)(1)(A), or 6(b)(1)(B)’’ suant to the rules promulgated under para- (cc) by striking ‘‘judicial review of such and inserting ‘‘an order under section 4 or graph (1) or (4) of section 8(a); or rule’’ and inserting ‘‘judicial review of such 5(d)’’; and ‘‘(iv) manufactures or processes a chemical rule or order’’; and (B) in paragraph (4), by striking subpara- substance subject to a safety assessment and (II) in the second sentence, by striking graph (B) and inserting the following: safety determination pursuant to section 6. ‘‘such a rule’’ and inserting ‘‘such a rule or ‘‘(B) DE NOVO PROCEEDING.— ‘‘(2) UTILIZATION AND COLLECTION OF FEES.— order’’; and ‘‘(i) IN GENERAL.—In an action under sub- The Administrator shall— (ii) in subparagraph (B)— paragraph (A) to initiate a proceeding to ‘‘(A) utilize the fees collected under para- (I) by striking ‘‘Courts’’ and inserting ‘‘Ex- issue a rule pursuant to section 4, 5, 6, or 8 graph (1) only to defray costs associated with cept as otherwise provided in this title, or issue an order under section 4 or 5(d), the the actions of the Administrator— courts’’; and petitioner shall be provided an opportunity ‘‘(i) to collect, process, review, provide ac- (II) by striking ‘‘an order issued under sub- to have the petition considered by the court cess to, and protect from disclosure (where paragraph (A) or (B) of section 6(b)(1)’’ and in a de novo proceeding. appropriate) information on chemical sub- inserting ‘‘an order issued under this title’’; ‘‘(ii) DEMONSTRATION.— stances under this Act; (B) in paragraph (2), in the second sen- ‘‘(I) IN GENERAL.—The court in a de novo ‘‘(ii) to review notices and make deter- tence, by striking ‘‘the filing of the rule- proceeding under this subparagraph shall minations for chemical substances under making record of proceedings on which the order the Administrator to initiate the ac- paragraphs (1) and (3) of section 5(d) and im- Administrator based the rule being re- tion requested by the petitioner if the peti- pose any necessary restrictions under sec- viewed’’ and inserting ‘‘the filing of the tioner demonstrates to the satisfaction of tion 5(d)(4); record of proceedings on which the Adminis- the court by a preponderance of the evidence ‘‘(iii) to make prioritization decisions trator based the rule or order being re- that— under section 4A; viewed’’; and ‘‘(aa) in the case of a petition to initiate a ‘‘(iv) to conduct and complete safety as- (C) by striking paragraph (3) and inserting proceeding for the issuance of a rule or order sessments and determinations under section the following: under section 4, the information is needed 6; and ‘‘(3) JUDICIAL REVIEW OF LOW-PRIORITY DECI- for a purpose identified in section 4(a); ‘‘(v) to conduct any necessary rulemaking SIONS.— ‘‘(bb) in the case of a petition to issue an pursuant to section 6(d); ‘‘(A) IN GENERAL.—Not later than 60 days order under section 5(d), the chemical sub- ‘‘(B) insofar as possible, collect the fees de- after the publication of a designation under stance is not likely to meet the safety stand- scribed in paragraph (1) in advance of con- section 4A(b)(4), or a designation under sec- ard; ducting any fee-supported activity; tion 4A(b)(8) of a chemical substance as a ‘‘(cc) in the case of a petition to initiate a ‘‘(C) deposit the fees in the Fund estab- low-priority substance, any person may com- proceeding for the issuance of a rule under lished by paragraph (4)(A); and mence a civil action to challenge the des- section 6(d), the chemical substance does not ‘‘(D) insofar as possible, not collect excess ignation. meet the safety standard; or fees or retain a significant amount of unused ‘‘(B) JURISDICTION.—The United States ‘‘(dd) in the case of a petition to initiate a fees. Court of Appeals for the District of Columbia proceeding for the issuance of a rule under ‘‘(3) AMOUNT AND ADJUSTMENT OF FEES; RE- Circuit shall have exclusive jurisdiction over section 8, there is a reasonable basis to con- FUNDS.—In setting fees under this section, a civil action filed under this paragraph.’’; clude that the rule is necessary to protect the Administrator shall— and health or the environment or ensure that the ‘‘(A) prescribe lower fees for small business (2) in subsection (c)(1)(B)— chemical substance meets the safety stand- concerns, after consultation with the Admin- (A) in clause (i)— ard. istrator of the Small Business Administra- (i) by striking ‘‘section 4(a), 5(b)(4), 6(a), or ‘‘(II) DEFERMENT.—The court in a de novo tion; 6(e)’’ and inserting ‘‘section 4(a), 6(d), or 6(g), proceeding under this subparagraph may per- ‘‘(B) set the fees established under para- or an order under section 6(c)(1)(A)’’; and mit the Administrator to defer initiating the graph (1) at levels such that the fees will, in (ii) by striking ‘‘evidence in the rule- action requested by the petitioner until such aggregate, provide a sustainable source of making record (as defined in subsection time as the court prescribes, if the court funds to annually defray— (a)(3)) taken as a whole;’’ and inserting ‘‘evi- finds that— ‘‘(i) the lower of— dence (including any matter) in the rule- ‘‘(aa) the extent of the risk to health or the ‘‘(I) 25 percent of the costs of conducting making record, taken as a whole; and’’; and environment alleged by the petitioner is less the activities identified in paragraph (2)(A), (B) by striking clauses (ii) and (iii) and the than the extent of risks to health or the en- other than the costs to conduct and com- matter following clause (iii) and inserting vironment with respect to which the Admin- plete safety assessments and determinations the following: istrator is taking action under this Act; and under section 6 for chemical substances iden- ‘‘(ii) the court may not review the contents ‘‘(bb) there are insufficient resources avail- tified pursuant to section 4A(c); or and adequacy of any statement of basis and able to the Administrator to take the action ‘‘(II) $25,000,000 (subject to adjustment pur- purpose required by section 553(c) of title 5, requested by the petitioner.’’. suant to subparagraph (F)); and

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TEST METHODS AND SUSTAINABLE CHEMISTRY. safety determinations specified in subpara- ‘‘(ii) REQUIREMENTS.—Fees collected under graph (D); this section shall not— (a) IN GENERAL.—Section 27 of the Toxic Substances Control Act (15 U.S.C. 2626) is ‘‘(C) reflect an appropriate balance in the ‘‘(I) be made available or obligated for any amended— assessment of fees between manufacturers purpose other than to defray the costs of (1) in subsection (a), in the first sentence and processors, and allow the payment of conducting the activities identified in para- by striking ‘‘Health, Education, and Wel- fees by consortia of manufacturers or proc- graph (2)(A); fare’’ and inserting ‘‘Health and Human ‘‘(II) otherwise be available for any purpose essors; Services’’; and other than implementation of this Act; and ‘‘(D) notwithstanding subparagraph (B) and (2) by adding at the end the following: ‘‘(III) so long as amounts in the Fund re- paragraph (4)(D)— ‘‘(c) NATIONAL COORDINATING ENTITY FOR main available, be subject to restrictions on ‘‘(i) for substances designated pursuant to SUSTAINABLE CHEMISTRY.— expenditures applicable to the Federal gov- section 4A(c)(1), establish the fee at a level ‘‘(1) ESTABLISHMENT.—Not later than 180 sufficient to defray the full annual costs to ernment as a whole. days after the date of enactment of the the Administrator of conducting the safety ‘‘(C) UNUSED FUNDS.—Amounts in the Fund Frank R. Lautenberg Chemical Safety for assessment and safety determination under not currently needed to carry out this sub- the 21st Century Act, the Director of the Of- section 6; and section shall be— fice of Science and Technology Policy shall ‘‘(ii) for substances designated pursuant to ‘‘(i) maintained readily available or on de- convene an entity under the National section 4A(c)(3), establish the fee at a level posit; Science and Technology Council with the re- sufficient to defray 50 percent of the annual ‘‘(ii) invested in obligations of the United sponsibility to coordinate Federal programs costs to the Administrator of conducting the States or guaranteed by the United States; and activities in support of sustainable safety assessment and safety determination or chemistry, including, as appropriate, at the under section 6; ‘‘(iii) invested in obligations, participa- National Science Foundation, the Depart- ‘‘(E) prior to the establishment or amend- tions, or other instruments that are lawful ment of Energy, the Department of Agri- ment of any fees under paragraph (1), consult investments for fiduciary, trust, or public culture, the Environmental Protection Agen- and meet with parties potentially subject to funds. cy, the National Institute of Standards and the fees or their representatives, subject to ‘‘(D) MINIMUM AMOUNT OF APPROPRIA- Technology, the Department of Defense, the the condition that no obligation under the TIONS.—Fees may not be assessed for a fiscal National Institutes of Health, and other re- Federal Advisory Committee Act (5 U.S.C. year under this section unless the amount of lated Federal agencies. App.) or subchapter III of chapter 5 of title 5, appropriations for the Chemical Risk Review ‘‘(2) CHAIRMAN.—The entity described in United States Code, is applicable with re- and Reduction program project of the Envi- paragraph (1) shall be chaired by the Direc- spect to such meetings; ronmental Protection Agency for the fiscal tor of the National Science Foundation and ‘‘(F) beginning with the fiscal year that is year (excluding the amount of any fees ap- the Assistant Administrator for the Office of 3 years after the date of enactment of the propriated for the fiscal year) are equal to or Research and Development of the Environ- Frank R. Lautenberg Chemical Safety for greater than the amount of appropriations mental Protection Agency, or their des- the 21st Century Act, and every 3 years for that program project for fiscal year 2014. ignees. thereafter, after consultation with parties ‘‘(5) AUDITING.— ‘‘(3) DUTIES.— potentially subject to the fees and their rep- ‘‘(A) FINANCIAL STATEMENTS OF AGENCIES.— ‘‘(A) IN GENERAL.—The entity described in resentatives pursuant to subparagraph (E), For the purpose of section 3515(c) of title 31, paragraph (1) shall— increase or decrease the fees established United States Code, the Fund shall be con- ‘‘(i) develop a working definition of sus- under paragraph (1) as necessary to adjust sidered a component of an executive agency. tainable chemistry, after seeking advice and for inflation and to ensure, based on the ‘‘(B) COMPONENTS.—The annual audit re- input from stakeholders as described in audit analysis required under paragraph quired under sections 3515(b) and 3521 of that clause (v); (5)(B), that funds deposited in the Fund are title of the financial statements of activities ‘‘(ii) oversee the planning, management, sufficient to defray— under this subsection shall include an anal- and coordination of the Sustainable Chem- ‘‘(i) approximately but not more than 25 ysis of— istry Initiative described in subsection (d); percent of the annual costs to conduct the ‘‘(i) the fees collected under paragraph (1) ‘‘(iii) develop a national strategy for sus- activities identified in paragraph (2)(A), and disbursed; tainable chemistry as described in sub- other than the costs to conduct and com- ‘‘(ii) compliance with the deadlines estab- section (f); plete safety assessments and determinations lished in section 6 of this Act; ‘‘(iv) develop an implementation plan for under section 6 for chemical substances iden- ‘‘(iii) the amounts budgeted, appropriated, sustainable chemistry as described in sub- tified pursuant to section 4A(c); and collected from fees, and disbursed to meet section (g); and ‘‘(ii) the full annual costs and the 50-per- the requirements of sections 4, 4A, 5, 6, 8, and ‘‘(v) consult and coordinate with stake- cent portion of the annual costs of safety as- 14, including the allocation of full time holders qualified to provide advice and infor- sessments and safety determinations speci- equivalent employees to each such section or mation on the development of the initiative, fied in subparagraph (D); activity; and national strategy, and implementation plan ‘‘(G) adjust fees established under para- ‘‘(iv) the reasonableness of the allocation for sustainable chemistry, at least once per graph (1) as necessary to vary on account of of the overhead associated with the conduct year, to carry out activities that may in- differing circumstances, including reduced of the activities described in paragraph clude workshops, requests for information, fees or waivers in appropriate circumstances, (2)(A). and other efforts as necessary. to reduce the burden on manufacturing or ‘‘(C) INSPECTOR GENERAL.—The Inspector ‘‘(B) STAKEHOLDERS.—The stakeholders de- processing, remove barriers to innovation, or General of the Environmental Protection scribed in subparagraph (A)(v) shall include where the costs to the Administrator of col- Agency shall— representatives from— lecting the fees exceed the fee revenue an- ‘‘(i) conduct the annual audit required ‘‘(i) industry (including small- and me- ticipated to be collected; and under this subsection; and dium-sized enterprises from across the value ‘‘(H) if a notice submitted under section 5 ‘‘(ii) report the findings and recommenda- chain); is refused or subsequently withdrawn, refund tions of the audit to the Administrator and ‘‘(ii) the scientific community (including the fee or a portion of the fee if no substan- to the appropriate committees of Congress. the National Academy of Sciences, scientific tial work was performed on the notice. ‘‘(6) TERMINATION.—The authority provided professional societies, and academia); ‘‘(4) TSCA IMPLEMENTATION FUND.— by this section shall terminate at the con- ‘‘(iii) the defense community; ‘‘(A) ESTABLISHMENT.—There is established clusion of the fiscal year that is 10 years ‘‘(iv) State, tribal, and local governments; in the Treasury of the United States a fund, after the date of enactment of the Frank R. ‘‘(v) State or regional sustainable chem- to be known as the ‘TSCA Implementation Lautenberg Chemical Safety for the 21st istry programs; Fund’ (referred to in this subsection as the Century Act, unless otherwise reauthorized ‘‘(vi) nongovernmental organizations; and ‘Fund’), consisting of— or modified by Congress.’’; ‘‘(vii) other appropriate organizations. ‘‘(i) such amounts as are deposited in the (2) in subsection (e), by striking ‘‘Health, ‘‘(4) SUNSET.— Fund under paragraph (2)(C); and Education, and Welfare’’ each place it ap- ‘‘(A) IN GENERAL.—On completion of the ‘‘(ii) any interest earned on the investment pears and inserting ‘‘Health and Human national strategy and accompanying imple- of amounts in the Fund; and Services’’; and mentation plan for sustainable chemistry as ‘‘(iii) any proceeds from the sale or re- (3) adding at the end the following: described in paragraph (3), the Director of demption of investments held in the Fund. ‘‘(h) PRIOR ACTIONS.—Nothing in this Act the Office of Science and Technology Pol- ‘‘(B) CREDITING AND AVAILABILITY OF eliminates, modifies, or withdraws any rule icy— FEES.— promulgated, order issued, or exemption es- ‘‘(i) shall review the need for further work; ‘‘(i) IN GENERAL.—Fees authorized under tablished pursuant to this Act before the and this section shall be collected and available date of enactment of the Frank R. Lauten- ‘‘(ii) may disband the entity described in for obligation only to the extent and in the berg Chemical Safety for the 21st Century paragraph (1) if no further efforts are deter- amount provided in advance in appropria- Act.’’. mined to be necessary.

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‘‘(B) NOTICE AND JUSTIFICATION.—The Di- transfer, and commercialization programs; ‘‘(2) SUBMISSION TO GAO.—The entity de- rector of the Office of Science and Tech- and scribed in subsection (c)(1) shall submit the nology Policy shall provide notice and jus- ‘‘(B) to train students and retrain profes- national strategy described in paragraph (1) tification, including an analysis of options to sional scientists and engineers in the use of to the Government Accountability Office for establish the Sustainable Chemistry Initia- sustainable chemistry concepts and strate- consideration in future Congressional inquir- tive described in subsection (d) and the part- gies by methods including— ies. nerships described in subsection (e) within 1 ‘‘(i) developing curricular materials and ‘‘(g) IMPLEMENTATION PLAN.—Not later or more appropriate Federal agencies, re- courses for undergraduate and graduate lev- than 3 years after the date of enactment of garding a decision to disband the entity not els and for the professional development of the Frank R. Lautenberg Chemical Safety less than 90 days prior to the termination scientists and engineers; and for the 21st Century Act, the entity de- date to the Committee on Science, Space, ‘‘(ii) publicizing the availability of profes- scribed in subsection (c)(1) shall submit to and Technology and the Committee on En- sional development courses in sustainable the Committee on Science, Space, and Tech- ergy and Commerce of the House of Rep- chemistry and recruiting scientists and engi- nology and the Committee on Energy and resentatives and the Committee on Environ- neers to pursue those courses. Commerce of the House of Representatives ment and Public Works and the Committee ‘‘(2) PRIVATE SECTOR ENTITIES.—To be eligi- and the Committee on Environment and on Commerce, Science, and Transportation ble for support under this section, a partner- Public Works and the Committee on Com- of the Senate. ship in sustainable chemistry shall include merce, Science, and Transportation of the ‘‘(d) SUSTAINABLE CHEMISTRY INITIATIVE.— at least 1 private sector entity. Senate, an implementation plan, based on The entity described in subsection (c)(1) ‘‘(3) SELECTION OF PARTNERSHIPS.—In se- the findings of the national strategy and shall oversee the establishment of an inter- lecting partnerships for support under this other assessments, as appropriate, for sus- agency Sustainable Chemistry Initiative to section, the entity and the agencies de- tainable chemistry.’’. promote and coordinate activities designed— scribed in subsection (c)(1) shall also con- (b) SUSTAINABLE CHEMISTRY BASIC RE- ‘‘(1) to provide sustained support for sus- sider the extent to which the applicants are SEARCH.—Subject to the availability of ap- tainable chemistry research, development, willing and able to demonstrate evidence of propriated funds, the Director of the Na- demonstration, technology transfer, com- support for, and commitment— tional Science Foundation shall continue to mercialization, education, and training ‘‘(A) to achieving the goals of the Sustain- carry out the Green Chemistry Basic Re- through— able Chemistry Initiative described in sub- search program authorized under section 509 ‘‘(A) coordination and promotion of sus- section (d); and of the National Science Foundation Author- tainable chemistry research, development, ‘‘(B) to sustaining any new innovations, ization Act of 2010 (42 U.S.C. 1862p–3). demonstration, and technology transfer con- tools, and resources generated from funding ducted at Federal and national laboratories SEC. 25. STATE PROGRAMS. under the program. and Federal agencies and at public and pri- Section 28 of the Toxic Substances Control ‘‘(4) PROHIBITED USE OF FUNDS.—Financial vate institutions of higher education; and Act (15 U.S.C. 2627) is amended— support provided under this section may not ‘‘(B) to the extent practicable, encourage- (1) in subsection (b)(1)— be used— ment of consideration of sustainable chem- (A) in subparagraphs (A) through (D), by istry in, as appropriate— ‘‘(A) to support or expand a regulatory striking the comma at the end of each sub- ‘‘(i) the conduct of Federal, State, and pri- chemical management program at an imple- paragraph and inserting a semicolon; and vate science and engineering research and menting agency under a State law; or (B) in subparagraph (E), by striking ‘‘, development; and ‘‘(B) to construct or renovate a building or and’’ and inserting ‘‘; and’’; and ‘‘(ii) the solicitation and evaluation of ap- structure. (2) by striking subsections (c) and (d). plicable proposals for science and engineer- ‘‘(f) NATIONAL STRATEGY TO CONGRESS.— SEC. 26. AUTHORIZATION OF APPROPRIATIONS. ing research and development; ‘‘(1) IN GENERAL.—Not later than 2 years Section 29 of the Toxic Substances Control ‘‘(2) to examine methods by which the Fed- after the date of enactment of the Frank R. Act (15 U.S.C. 2628) is repealed. Lautenberg Chemical Safety for the 21st eral Government can offer incentives for SEC. 27. ANNUAL REPORT. Century Act, the entity described in sub- consideration and use of sustainable chem- Section 30 of the Toxic Substances Control section (c)(1) shall submit to the Committee istry processes and products that encourage Act (15 U.S.C. 2629) is amended by striking on Science, Space, and Technology and the competition and overcoming market bar- paragraph (2) and inserting the following: Committee on Energy and Commerce of the riers, including grants, loans, loan guaran- ‘‘(2)(A) the number of notices received dur- House of Representatives and the Committee tees, and innovative financing mechanisms; ing each year under section 5; and on Environment and Public Works and the ‘‘(3) to expand the education and training ‘‘(B) the number of the notices described in Committee on Commerce, Science, and of undergraduate and graduate students and subparagraph (A) for chemical substances Transportation of the Senate, a national professional scientists and engineers, includ- subject to a rule, testing consent agreement, strategy that shall include— ing through partnerships with industry as or order under section 4;’’. described in subsection (e), in sustainable ‘‘(A) a summary of federally funded sus- chemistry science and engineering; tainable chemistry research, development, SEC. 28. EFFECTIVE DATE. ‘‘(4) to collect and disseminate information demonstration, technology transfer, com- Section 31 of the Toxic Substances Control on sustainable chemistry research, develop- mercialization, education, and training ac- Act (15 U.S.C. 2601 note; Public Law 94–469) is ment, and technology transfer, including in- tivities; amended— formation on— ‘‘(B) a summary of the financial resources (1) by striking ‘‘Except as provided in sec- ‘‘(A) incentives and impediments to devel- allocated to sustainable chemistry initia- tion 4(f), this’’ and inserting the following: opment, manufacturing, and commercializa- tives; ‘‘(a) IN GENERAL.—This’’; and tion; ‘‘(C) an analysis of the progress made to- (2) by adding at the end the following: ‘‘(B) accomplishments; ward achieving the goals and priorities of ‘‘(b) RETROACTIVE APPLICABILITY.—Nothing ‘‘(C) best practices; and the Sustainable Chemistry Initiative de- in this Act shall be interpreted to apply ‘‘(D) costs and benefits; and scribed in subsection (d), and recommenda- retroactively to any State, Federal, or mari- ‘‘(5) to support (including through tech- tions for future initiative activities, includ- time legal action commenced prior to the ef- nical assistance, participation, financial sup- ing consideration of options to establish the fective date of the Frank R. Lautenberg port, or other forms of support) economic, Sustainable Chemistry Initiative and the Chemical Safety for the 21st Century Act.’’. legal, and other appropriate social science partnerships described in subsection (e) with- SEC. 29. ELEMENTAL MERCURY. research to identify barriers to commer- in 1 or more appropriate Federal agencies; (a) TEMPORARY GENERATOR ACCUMULA- cialization and methods to advance commer- ‘‘(D) an assessment of the benefits of ex- TION.—Section 5 of the Mercury Export Ban cialization of sustainable chemistry. panding existing, federally supported re- Act of 2008 (42 U.S.C. 6939f) is amended— ‘‘(e) PARTNERSHIPS IN SUSTAINABLE CHEM- gional innovation and manufacturing hubs (1) in subsection (a)(2), by striking ‘‘2013’’ ISTRY.— to include sustainable chemistry and the and inserting ‘‘2019’’; ‘‘(1) IN GENERAL.—The entity described in value of directing the establishment of 1 or (2) in subsection (b)— subsection (c)(1), itself or through an appro- more dedicated sustainable chemistry cen- (A) in paragraph (1)— priate subgroup designated or established by ters of excellence or hubs; (i) by redesignating subparagraphs (A), (B), the entity, shall work through the agencies ‘‘(E) an evaluation of steps taken and fu- and (C), as clauses (i), (ii), and (iii), respec- described in subsection (c)(1) to support, ture strategies to avoid duplication of ef- tively and indenting appropriately; through financial, technical, or other assist- forts, streamline interagency coordination, (ii) in the first sentence, by striking ‘‘After ance, the establishment of partnerships be- facilitate information sharing, and spread consultation’’ and inserting the following: tween institutions of higher education, non- best practices between participating agen- ‘‘(A) ASSESSMENT AND COLLECTION.—After governmental organizations, consortia, and cies in the Sustainable Chemistry Initiative; consultation’’; companies across the value chain in the and (iii) in the second sentence, by striking chemical industry, including small- and me- ‘‘(F) a framework for advancing sustain- ‘‘The amount of such fees’’ and inserting the dium-sized enterprises— able chemistry research, development, tech- following: ‘‘(A) to establish collaborative research, nology transfer, commercialization, and edu- ‘‘(B) AMOUNT.—The amount of the fees de- development, demonstration, technology cation and training. scribed in subparagraph (A)’’;

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.027 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8815 (iv) in subparagraph (B) (as so des- of title 40, Code of Federal Regulations (as in (2) by inserting after paragraph (2) the fol- ignated)— effect on the date of enactment of this sub- lowing: (I) in clause (i) (as so redesignated), by paragraph). ‘‘(3) PROHIBITION ON EXPORT OF CERTAIN striking ‘‘publically available not later than ‘‘(E) MANAGEMENT STANDARDS FOR TEM- MERCURY COMPOUNDS.— October 1, 2012’’ and inserting ‘‘publicly PORARY STORAGE.—Not later than January 1, ‘‘(A) IN GENERAL.—Effective January 1, available not later than October 1, 2018’’; 2017, the Secretary, after consultation with 2020, the export of the following mercury (II) in clause (ii) (as so redesignated), by the Administrator of the Environmental compounds is prohibited: striking ‘‘and’’; Protection Agency and State agencies in af- ‘‘(i) Mercury (I) chloride or calomel. (III) in clause (iii) (as so redesignated), by fected States, shall develop and make avail- ‘‘(ii) Mercury (II) oxide. striking the period at the end and inserting able guidance that establishes procedures ‘‘(iii) Mercury (II) sulfate. ‘‘, subject to clause (iv); and’’; and and standards for the management and ‘‘(iv) Mercury (II) nitrate. (IV) by adding at the end the following: short-term storage of elemental mercury at ‘‘(v) Cinnabar or mercury sulphide. ‘‘(iv) for generators temporarily accumu- a generator covered under subparagraph (D), ‘‘(vi) Any mercury compound that the Ad- lating elemental mercury in a facility sub- including requirements to ensure appro- ministrator, at the discretion of the Admin- ject to subparagraphs (B) and (D)(iv) of sub- priate use of flasks or other suitable con- istrator, adds to the list by rule, on deter- section (g)(2) if the facility designated in tainers. Such procedures and standards shall mining that exporting that mercury com- subsection (a) is not operational by January be protective of human health and the envi- pound for the purpose of regenerating ele- 1, 2019, shall be adjusted to subtract the cost ronment and shall ensure that the elemental mental mercury is technically feasible. of the temporary accumulation during the mercury is stored in a safe, secure, and effec- ‘‘(B) PUBLICATION.—Not later than 90 days period in which the facility designated under tive manner. A generator may accumulate after the date of enactment of the Frank R. subsection (a) is not operational.’’; and mercury in accordance with subparagraph Lautenberg Chemical Safety for the 21st (v) by adding at the end the following: (D) immediately upon enactment of this Act, Century Act, and as appropriate thereafter, ‘‘(C) CONVEYANCE OF TITLE AND PERMIT- and notwithstanding that guidance called for the Administrator shall publish in the Fed- TING.—If the facility designated in sub- by this paragraph (E) has not been developed eral Register a list of the mercury com- section (a) is not operational by January 1, or made available.’’. pounds that are prohibited from export 2020, the Secretary— (b) INTERIM STATUS.—Section 5(d)(1) of the under this paragraph. ‘‘(i) shall immediately accept the convey- Mercury Export Ban Act of 2008 (42 U.S.C. ‘‘(C) PETITION.—Any person may petition ance of title to all elemental mercury that 6939f(d)(1)) is amended— the Administrator to add to the list of mer- has accumulated in facilities in accordance (1) in the fourth sentence, by striking ‘‘in cury compounds prohibited from export. existence on or before January 1, 2013,’’; and with subsection (g)(2)(D), before January 1, ‘‘(D) ENVIRONMENTALLY SOUND DISPOSAL.— 2020, and deliver the accumulated mercury to (2) in the last sentence, by striking ‘‘Janu- This paragraph does not prohibit the export the facility designated under subsection (a) ary 1, 2015’’ and inserting ‘‘January 1, 2020’’. of mercury (I) chloride or calomel for envi- (c) MERCURY INVENTORY.—Section 8(b) of on the date on which the facility becomes ronmentally sound disposal to member coun- the Toxic Substances Control Act (15 U.S.C. operational; tries of the Organization for Economic Co- 2607(b)) (as amended by section 10(2)) is ‘‘(ii) shall pay any applicable Federal per- operation and Development, on the condition amended by adding at the end the following: mitting costs, including the costs for per- that no mercury or mercury compounds are mits issued under section 3005(c) of the Solid ‘‘(10) MERCURY.— to be recovered, recycled, or reclaimed for Waste Disposal Act (42 U.S.C. 6925(c)); and ‘‘(A) DEFINITION OF MERCURY.—In this para- use, or directly reused. ‘‘(iii) shall store, or pay the cost of storage graph, notwithstanding section 3(2)(B), the ‘‘(E) REPORT.—Not later than 5 years after of, until the time at which a facility des- term ‘mercury’ means— the date of enactment of the Frank R. Lau- ignated in subsection (a) is operational, ac- ‘‘(i) elemental mercury; and tenberg Chemical Safety for the 21st Century cumulated mercury to which the Secretary ‘‘(ii) a mercury compound. Act, the Administrator shall evaluate any has title under this subparagraph in a facil- ‘‘(B) PUBLICATION.—Not later than April 1, exports of calomel for disposal that occurred ity that has been issued a permit under sec- 2017, and every 3 years thereafter, the Ad- since that date of enactment and shall sub- tion 3005(c) of the Solid Waste Disposal Act ministrator shall publish in the Federal Reg- mit to Congress a report that contains the (42 U.S.C. 6925(c)).’’; and ister an inventory of mercury supply, use, following: (B) in paragraph (2), in the first sentence, and trade in the United States. ‘‘(i) volumes and sources of calomel ex- by striking ‘‘paragraph (1)(C)’’ and inserting ‘‘(C) PROCESS.—In carrying out the inven- ported for disposal; ‘‘paragraph (1)(B)(iii)’’; and tory under subparagraph (B), the Adminis- ‘‘(ii) receiving countries of such exports; (3) in subsection (g)(2)— trator shall— ‘‘(iii) methods of disposal used; (A) in the undesignated material at the ‘‘(i) identify any remaining manufacturing ‘‘(iv) issues, if any, presented by the export end, by striking ‘‘This subparagraph’’ and in- processes or products that intentionally add of calomel; serting the following: mercury; and ‘‘(v) evaluation of calomel management op- ‘‘(C) Subparagraph (B)’’; ‘‘(ii) recommend actions, including pro- tions in the United States, if any, that are (B) in subparagraph (C) (as added by para- posed revisions of Federal law (including reg- commercially available and comparable in graph (1)), by inserting ‘‘of that subpara- ulations), to achieve further reductions in cost and efficacy to methods being utilized graph’’ before the period at the end; and mercury use. in the receiving countries; and (C) by adding at the end the following: ‘‘(D) REPORTING.— ‘‘(vi) a recommendation regarding whether ‘‘(D) A generator producing elemental mer- ‘‘(i) IN GENERAL.—To assist in the prepara- Congress should further limit or prohibit the cury incidentally from the beneficiation or tion of the inventory under subparagraph export of calomel for disposal. processing of ore or related pollution control (B), any person who manufactures mercury ‘‘(F) EFFECT ON OTHER LAW.—Nothing in activities, may accumulate the mercury pro- or mercury-added products or otherwise in- this paragraph shall be construed to affect duced onsite that is destined for a facility tentionally uses mercury in a manufacturing the authority of the Administrator under designated by the Secretary under sub- process shall make periodic reports to the Solid Waste Disposal Act (42 U.S.C. 6901 et section (a), for more than 90 days without a Administrator, at such time and including seq.).’’. permit issued under section 3005(c) of the such information as the Administrator shall Solid Waste Disposal Act (42 U.S.C. 6925(c)), determine by rule promulgated not later SEC. 30. TREVOR’S LAW. and shall not be subject to the storage prohi- than 2 years after the date of enactment of (a) PURPOSES.—The purposes of this section bition of section 3004(j) of that Act (42 U.S.C. this paragraph. are— 6924(j)), if— ‘‘(ii) COORDINATION.—To avoid duplication, (1) to provide the appropriate Federal ‘‘(i) the Secretary is unable to accept the the Administrator shall coordinate the re- agencies with the authority to help conduct mercury at a facility designated by the Sec- porting under this subparagraph with the investigations into potential cancer clusters; retary under subsection (a) for reasons be- Interstate Mercury Education and Reduction (2) to ensure that Federal agencies have yond the control of the generator; Clearinghouse. the authority to undertake actions to help ‘‘(ii) the generator certifies in writing to ‘‘(iii) EXEMPTION.—This subparagraph shall address cancer clusters and factors that may the Secretary that the generator will ship not apply to a person engaged in the genera- contribute to the creation of potential can- the mercury to a designated facility when tion, handling, or management of mercury- cer clusters; and the Secretary is able to accept the mercury; containing waste, unless that person manu- (3) to enable Federal agencies to coordi- ‘‘(iii) the generator certifies in writing to factures or recovers mercury in the manage- nate with other Federal, State, and local the Secretary that the generator is storing ment of that waste.’’. agencies, institutes of higher education, and only mercury the generator has produced or (d) PROHIBITION ON EXPORT OF CERTAIN the public in investigating and addressing recovered onsite and will not sell, or other- MERCURY COMPOUNDS.—Section 12(c) of the wise place into commerce, the mercury; and Toxic Substances Control Act (15 U.S.C. cancer clusters. ‘‘(iv) the generator has obtained an identi- 2611(c)) (as amended by section 13(3)) is (b) DESIGNATION AND INVESTIGATION OF PO- fication number under section 262.12 of title amended— TENTIAL CANCER CLUSTERS.—Part P of title 40, Code of Federal Regulations, and com- (1) in the subsection heading, by inserting III of the Public Health Service Act (42 plies with the requirements described in ‘‘AND MERCURY COMPOUNDS’’ after ‘‘MER- U.S.C. 280g et seq.) is amended by adding at paragraphs (1) through (4) of section 262.34(a) CURY’’; and the end the following:

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.027 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8816 CONGRESSIONAL RECORD — SENATE December 17, 2015 ‘‘SEC. 399V–6. DESIGNATION AND INVESTIGATION rely on all appropriate biomonitoring infor- Sec. 152. Duties. OF POTENTIAL CANCER CLUSTERS. mation collected under other Federal pro- Sec. 153. Performance of duties. ‘‘(a) DEFINITIONS.—In this section: grams, such as the National Health and Nu- Sec. 154. Reports. ‘‘(1) CANCER CLUSTER.—The term ‘cancer trition Examination Survey. The Secretary Sec. 155. Dissemination. cluster’ means the incidence of a particular may provide technical assistance for rel- Sec. 156. Cooperative education statistics cancer within a population group, a geo- evant biomonitoring studies of other Federal partnerships. graphical area, or a period of time that is agencies. PART D—NATIONAL CENTER FOR EDUCATION greater than expected for such group, area, ‘‘(e) DUTIES.—The Secretary shall— EVALUATION AND REGIONAL ASSISTANCE or period. ‘‘(1) ensure that appropriate staff of agen- Sec. 171. Establishment. ‘‘(2) PARTICULAR CANCER.—The term ‘par- cies within the Department of Health and Sec. 172. Commissioner for Education Eval- ticular cancer’ means one specific type of Human Services are prepared to provide uation and Regional Assist- cancer or a type of cancers scientifically timely assistance, to the extent practicable, ance. proven to have the same cause. upon receiving a request to investigate a po- Sec. 173. Evaluations. ‘‘(3) POPULATION GROUP.—The term ‘popu- tential cancer cluster from a State or local Sec. 174. Regional educational laboratories lation group’ means a group, for purposes of health authority; for research, development, dis- calculating cancer rates, defined by factors ‘‘(2) maintain staff expertise in epidemi- semination, and evaluation. such as race, ethnicity, age, or gender. ology, toxicology, data analysis, environ- PART E—NATIONAL CENTER FOR SPECIAL ‘‘(b) CRITERIA FOR DESIGNATION OF POTEN- mental health and cancer surveillance, expo- EDUCATION RESEARCH TIAL CANCER CLUSTERS.— sure assessment, pediatric health, pollution ‘‘(1) DEVELOPMENT OF CRITERIA.—The Sec- control, community outreach, health edu- Sec. 175. Establishment. retary shall develop criteria for the designa- cation, laboratory sampling and analysis, Sec. 176. Commissioner for Special Edu- tion of potential cancer clusters. spatial mapping, and informatics; cation Research. ‘‘(2) REQUIREMENTS.—The criteria devel- ‘‘(3) consult with community members as Sec. 177. Duties. oped under paragraph (1) shall consider, as investigations into potential cancer clusters PART F—GENERAL PROVISIONS appropriate— are conducted, as the Secretary determines Sec. 181. Prohibitions. ‘‘(A) a standard for cancer cluster identi- appropriate; Sec. 182. Confidentiality. fication and reporting protocols used to de- ‘‘(4) collect, store, and disseminate reports Sec. 183. Availability of data. termine when cancer incidence is greater on investigations of potential cancer clus- Sec. 184. Performance management. than would be typically observed; ters, the possible causes of such clusters, and Sec. 185. Authority to publish. ‘‘(B) scientific screening standards that en- the actions taken to address such clusters; Sec. 186. Repeals. sure that a cluster of a particular cancer in- and Sec. 187. Fellowships. volves the same type of cancer, or types of ‘‘(5) provide technical assistance for inves- Sec. 188. Authorization of appropriations. cancers; tigating cancer clusters to State and local PART G—TECHNICAL AND CONFORMING ‘‘(C) the population in which the cluster of health departments through existing pro- AMENDMENTS a particular cancer occurs by factors such as grams, such as the Epi-Aids program of the race, ethnicity, age, and gender, for purposes Sec. 191. Technical and conforming amend- Centers for Disease Control and Prevention ments to other laws. of calculating cancer rates; and the Assessments of Chemical Exposures ‘‘(D) the boundaries of a geographic area in program of the Agency for Toxic Substances TITLE II—EDUCATIONAL TECHNICAL which a cluster of a particular cancer occurs and Disease Registry.’’. ASSISTANCE so as not to create or obscure a potential Sec. 201. References. cluster by selection of a specific area; and SA 2933. Mr. MCCONNELL (for Mr. Sec. 202. Definitions. ‘‘(E) the time period over which the num- ALEXANDER) proposed an amendment to Sec. 203. Comprehensive centers. ber of cases of a particular cancer, or the cal- the bill S. 227, to strengthen the Fed- Sec. 204. Evaluations. culation of an expected number of cases, oc- Sec. 205. Existing technical assistance pro- curs. eral education research system to viders. ‘‘(c) GUIDELINES FOR INVESTIGATION OF PO- make research and evaluations more Sec. 206. Regional advisory committees. TENTIAL CANCER CLUSTERS.—The Secretary, timely and relevant to State and local Sec. 207. Priorities. in consultation with the Council of State needs in order to increase student Sec. 208. Grant program for statewide, longi- and Territorial Epidemiologists and rep- achievement; as follows: tudinal data systems. resentatives of State and local health de- Sec. 209. Authorization of appropriations. partments, shall develop, publish, and peri- Strike all after the enacting clause and in- TITLE III—NATIONAL ASSESSMENT OF odically update guidelines for investigating sert the following: EDUCATIONAL PROGRESS potential cancer clusters. The guidelines SECTION 1. SHORT TITLE. shall— This Act may be cited as the ‘‘Strength- Sec. 301. References. ‘‘(1) require that investigations of cancer ening Education through Research Act’’. Sec. 302. National Assessment Governing clusters— SEC. 2. TABLE OF CONTENTS. Board. ‘‘(A) use the criteria developed under sub- The table of contents for this Act is as fol- Sec. 303. National Assessment of Edu- section (b); lows: cational Progress. ‘‘(B) use the best available science; and Sec. 304. Definitions. Sec. 1. Short title. Sec. 305. Authorization of appropriations. ‘‘(C) rely on a weight of the scientific evi- Sec. 2. Table of contents. dence; Sec. 3. Nonduplication. TITLE IV—EVALUATION PLAN ‘‘(2) provide standardized methods of re- TITLE I—EDUCATION SCIENCES REFORM Sec. 401. Research and evaluation. viewing and categorizing data, including SEC. 3. NONDUPLICATION. from health surveillance systems and reports Sec. 101. References. (a) IN GENERAL.—The Act of November 5, of potential cancer clusters; and Sec. 102. Definitions. 2002 (Public Law 107–279; 116 Stat. 1940), is ‘‘(3) provide guidance for using appropriate PART A—THE INSTITUTE OF EDUCATION amended by inserting after section 1 the fol- epidemiological and other approaches for in- SCIENCES lowing: vestigations. Sec. 111. Establishment. ‘‘SEC. 2. NONDUPLICATION. ‘‘(d) INVESTIGATION OF CANCER CLUSTERS.— Sec. 112. Functions. ‘‘In collecting information and data under ‘‘(1) SECRETARY DISCRETION.—The Sec- Sec. 113. Delegation. retary— Sec. 114. Office of the Director. this Act, including requiring the reporting of ‘‘(A) in consultation with representatives Sec. 115. Priorities. information and data, the Secretary of Edu- of the relevant State and local health de- Sec. 116. National Board for Education cation shall, to the extent appropriate, not partments, shall consider whether it is ap- Sciences. duplicate other requirements and shall use propriate to conduct an investigation of a Sec. 117. Commissioners of the National information and data that are available from potential cancer cluster; and Education Centers. existing Federal, State, and local sources, in ‘‘(B) in conducting investigations shall Sec. 118. Transparency. order to reduce burden and cost to the De- have the discretion to prioritize certain po- Sec. 119. Competitive awards. partment of Education, States, local edu- cational agencies (as defined in section 9101 tential cancer clusters, based on the avail- PART B—NATIONAL CENTER FOR EDUCATION of the Elementary and Secondary Education ability of resources. RESEARCH ‘‘(2) COORDINATION.—In investigating po- Act of 1965 (20 U.S.C. 7801)), and other enti- Sec. 131. Establishment. tential cancer clusters, the Secretary shall ties.’’. Sec. 132. Duties. coordinate with agencies within the Depart- (b) CONFORMING AMENDMENT.—The table of Sec. 133. Standards for conduct and evalua- ment of Health and Human Services and contents in section 1 of the Act of November tion of research. other Federal agencies, such as the Environ- 5, 2002 (Public Law 107–279; 116 Stat. 1940), is mental Protection Agency. PART C—NATIONAL CENTER FOR EDUCATION amended by inserting after the item relating ‘‘(3) BIOMONITORING.—In investigating po- STATISTICS to section 1 the following: tential cancer clusters, the Secretary shall Sec. 151. Establishment. ‘‘Sec. 2. Nonduplication.’’.

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.027 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8817 TITLE I—EDUCATION SCIENCES REFORM ‘‘(vi) acceptance by a peer-reviewed journal (2) in subsection (b)— SEC. 101. REFERENCES. or critique by a panel of independent experts (A) in paragraph (1), by inserting before Except as otherwise expressly provided, through a comparably rigorous, objective, the period the following: ‘‘, except that if a whenever in this title an amendment or re- and scientific review; and successor to the Director has not been ap- peal is expressed in terms of an amendment ‘‘(vii) consistency of findings across mul- pointed as of the date of expiration of the Di- to, or repeal of, a section or other provision, tiple studies or sites to support the gen- rector’s term, the Director may serve for an the reference shall be considered to be made erality of results and conclusions.’’; additional 1-year period, beginning on the to a section or other provision of the Edu- (11) by inserting after paragraph (20), as re- day after the date of expiration of the Direc- cation Sciences Reform Act of 2002 (20 U.S.C. designated by paragraph (2), the following: tor’s term, or until a successor has been ap- 9501 et seq.). ‘‘(21) SCHOOL LEADER.—The term ‘school pointed under subsection (a), whichever oc- SEC. 102. DEFINITIONS. leader’ means a principal, assistant prin- curs first’’; Section 102 (20 U.S.C. 9501) is amended— cipal, or other individual who is— (B) by striking paragraph (2) and inserting (1) by striking paragraphs (13) and (18); ‘‘(A) an employee or officer of— the following: (2) by redesignating paragraphs (2) through ‘‘(i) an elementary school or secondary ‘‘(2) REAPPOINTMENT.—A Director may be (11), (12), (14), (15), (16), (17), and (19) through school; reappointed under subsection (a) for one ad- (23), as paragraphs (3) through (12), (14), (15), ‘‘(ii) a local educational agency serving an ditional term.’’; and (16), (18), (20), and (22) through (26), respec- elementary school or secondary school; or (C) in paragraph (3)— tively; ‘‘(iii) another entity operating the elemen- (i) in the heading, by striking ‘‘SUBSE- (3) by inserting after paragraph (1) the fol- tary school or secondary school; and QUENT DIRECTORS’’ and inserting ‘‘REC- lowing: ‘‘(B) responsible for the daily instructional OMMENDATIONS’’; and ‘‘(2) ADULT EDUCATION; ADULT EDUCATION leadership and managerial operations of the (ii) by striking ‘‘, other than a Director ap- AND LITERACY ACTIVITIES.—The terms ‘adult elementary school or secondary school.’’; pointed under paragraph (2)’’; education’ and ‘adult education and literacy and (3) in subsection (f)— activities’ have the meanings given the (12) in paragraph (23), as redesignated by (A) in paragraph (3), by inserting before terms in section 203 of the Adult Education paragraph (2), by striking ‘‘scientifically the period the following: ‘‘, and, as appro- and Family Literacy Act.’’; based research standards’’ and inserting ‘‘the priate, with such research and activities car- (4) in paragraph (6), as redesignated by principles of scientific research’’. ried out by public and private entities, to paragraph (2), by striking ‘‘Affairs’’ and in- PART A—THE INSTITUTE OF EDUCATION avoid duplicative or overlapping efforts’’; serting ‘‘Education’’; SCIENCES (B) in paragraph (4), by inserting ‘‘, and the (5) in paragraph (11), as redesignated by use of evidence’’ after ‘‘statistics activities’’; SEC. 111. ESTABLISHMENT. paragraph (2)— (C) in paragraph (5)— Section 111(b) (20 U.S.C. 9511(b)) is amend- (A) by inserting ‘‘or other information, in (i) by inserting ‘‘and maintain’’ after ‘‘es- ed— a timely manner and’’ after ‘‘evaluations,’’; tablish’’; and (1) in paragraph (1), in the matter pre- and (ii) by inserting ‘‘and subsection (h)’’ after ceding subparagraph (A), by inserting ‘‘in- (B) by inserting ‘‘school leaders,’’ after ‘‘section 116(b)(3)’’; cluding adult education,’’ after ‘‘postsec- ‘‘teachers,’’; (D) in paragraph (7), by inserting ‘‘dis- ondary study,’’; and (6) by inserting after paragraph (12), as re- ability,’’ after ‘‘gender,’’; (2) in paragraph (2)— designated by paragraph (2), the following: (E) in paragraph (8), by striking ‘‘histori- (A) in the matter preceding subparagraph ‘‘(13) ENGLISH LEARNER.—The term ‘English cally Black colleges or universities’’ and in- (A)— learner’ means an individual who is limited serting ‘‘minority-serving institutions’’; (i) by striking ‘‘and wide dissemination ac- English proficient, as defined in section 9101 (F) by striking paragraph (9) and inserting tivities’’ and inserting ‘‘and, consistent with of the Elementary and Secondary Education the following: section 114(j), wide dissemination and utili- Act of 1965 (20 U.S.C. 7801) or section 637 of ‘‘(9) To coordinate with the Secretary to zation activities’’; and the Head Start Act (42 U.S.C. 9832).’’; ensure that the results of the Institute’s (ii) by striking ‘‘(including in technology (7) in paragraph (14), as redesignated by work are coordinated with, and utilized by, areas)’’; and paragraph (2), by inserting ‘‘, school lead- the Department’s technical assistance pro- (B) in subparagraph (B), by inserting ‘‘dis- ers,’’ after ‘‘teachers’’; viders and dissemination networks.’’; ability,’’ after ‘‘gender,’’. (8) by inserting after paragraph (16), as re- (G) by striking paragraphs (10) and (11); designated by paragraph (2), the following: SEC. 112. FUNCTIONS. and ‘‘(17) MINORITY-SERVING INSTITUTION.—The Section 112 (20 U.S.C. 9512) is amended— (H) by redesignating paragraph (12) as term ‘minority-serving institution’ means an (1) in paragraph (1)— paragraph (10); institution of higher education described in (A) by inserting ‘‘(including evaluations of (4) by redesignating subsection (h) as sub- section 371(a) of the Higher Education Act of impact and implementation)’’ after ‘‘edu- section (i); 1965 (20 U.S.C. 1067q(a)).’’; cation evaluation’’; and (5) by inserting after subsection (g), the (9) in paragraph (18), as redesignated by (B) by inserting ‘‘and utilization’’ before following: paragraph (2), by striking ‘‘section 133(c)’’ the semicolon; and ‘‘(h) PEER-REVIEW SYSTEM.—The Director and inserting ‘‘section 133(d)’’; (2) in paragraph (2)— shall establish and maintain a peer-review (10) by inserting after paragraph (18), as re- (A) by inserting ‘‘, consistent with section system involving highly qualified individ- designated by paragraph (2), the following: 114(j),’’ after ‘‘disseminate’’; and uals, including practitioners, as appropriate, ‘‘(19) PRINCIPLES OF SCIENTIFIC RESEARCH.— (B) by inserting ‘‘and scientifically valid with an in-depth knowledge of the subject to The term ‘principles of scientific research’ education evaluations carried out under this be investigated, including, in the case of spe- means principles of research that— title’’ before the semicolon. cial education research, an understanding of ‘‘(A) apply rigorous, systematic, and objec- SEC. 113. DELEGATION. special education, for— tive methodology to obtain reliable and Section 113 (20 U.S.C. 9513) is amended— ‘‘(1) reviewing and evaluating each applica- valid knowledge relevant to education ac- (1) in subsection (a)— tion for a grant or cooperative agreement tivities and programs; (A) by striking paragraph (1); and under this title that exceeds $100,000; and ‘‘(B) present findings and make claims that (B) by redesignating paragraphs (2) ‘‘(2) evaluating and assessing all reports are appropriate to, and supported by, the through (5) as paragraphs (1) through (4), re- and other products that exceed $100,000 to be methods that have been employed; and spectively; published and publicly released by the Insti- ‘‘(C) include, appropriate to the research (2) in subsection (b), by striking ‘‘Sec- tute.’’; being conducted— retary may assign the Institute responsi- (6) in subsection (i), as redesignated by ‘‘(i) use of systematic, empirical methods bility for administering’’ and inserting ‘‘Di- paragraph (4)— that draw on observation or experiment; rector may accept requests from the Sec- (A) by striking ‘‘the products and’’; and ‘‘(ii) use of data analyses that are adequate retary for the Institute to administer’’; and (B) by striking ‘‘certify that evidence- to support the general findings; (3) by adding at the end the following: based claims about those products and’’ and ‘‘(iii) reliance on measurements or obser- ‘‘(c) CONTRACT ACQUISITION.—With respect inserting ‘‘determine whether evidence-based vational methods that provide reliable and to any contract entered into under this title, claims in those’’; and generalizable findings; the Director shall be consulted— (7) by adding at the end the following: ‘‘(iv) strong claims of causal relationships, ‘‘(1) during the procurement process; and ‘‘(j) RELEVANCE, DISSEMINATION, AND UTILI- only with research designs that eliminate ‘‘(2) in the management of such contract’s ZATION.—To ensure all activities authorized plausible competing explanations for ob- performance, which shall be consistent with under this title are rigorous, relevant, and served results, such as, but not limited to, the requirements of the performance man- useful for researchers, policymakers, practi- random-assignment experiments; agement system described in section 185.’’. tioners, and the public, the Director shall— ‘‘(v) presentation of studies and methods in SEC. 114. OFFICE OF THE DIRECTOR. ‘‘(1) ensure such activities address signifi- sufficient detail and clarity to allow for rep- Section 114 (20 U.S.C. 9514) is amended— cant challenges faced by practitioners, and lication or, at a minimum, to offer the op- (1) in subsection (a), by striking ‘‘Except as increase knowledge in the field of education; portunity to build systematically on the provided in subsection (b)(2), the’’ and insert- ‘‘(2) ensure that the information, products, findings of the research; ing ‘‘The’’; and publications of the Institute are—

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.024 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8818 CONGRESSIONAL RECORD — SENATE December 17, 2015 ‘‘(A) prepared and widely disseminated— public and private entities to improve the tees to make recommendations to the Board ‘‘(i) in a timely fashion; and work of the Institute’’; and for carrying out activities authorized under ‘‘(ii) in forms that are understandable, eas- (F) by adding at the end the following: this title.’’; ily accessible, and usable, or adaptable for ‘‘(13) To conduct the evaluations required (3) by striking subsection (d); use in, the improvement of educational prac- under subsection (d).’’; (4) by redesignating subsection (e) as sub- tice; and (2) in subsection (c)— section (d); ‘‘(B) widely disseminated through elec- (A) in paragraph (2)— (5) in subsection (d), as redesignated by tronic transfer, and other means, such as (i) by inserting ‘‘Board,’’ before ‘‘National paragraph (4)— posting to the Institute’s website or other Academy’’; and (A) in the subsection heading, by striking relevant place; (ii) by striking ‘‘and the National Science ‘‘ANNUAL’’ and inserting ‘‘EVALUATION’’; ‘‘(3) promote the utilization of the infor- Advisor’’ and inserting ‘‘the National (B) by striking ‘‘The Board’’ and inserting mation, products, and publications of the In- Science Advisor, and other entities and orga- the following: stitute, including through the use of dissemi- nizations that have knowledge of individuals ‘‘(1) IN GENERAL.—The Board’’; nation networks and technical assistance who are highly qualified to appraise edu- (C) by striking ‘‘not later than July 1 of providers, within the Institute and the De- cation research, statistics, evaluations, or each year, a report’’ and inserting ‘‘and partment; and development’’; make widely available to the public (includ- ‘‘(4) monitor and manage the performance (B) in paragraph (4)— ing by electronic means such as posting in of all activities authorized under this title in (i) in subparagraph (A)— an easily accessible manner on the Insti- accordance with section 185.’’. (I) in clause (i), by striking ‘‘, which may tute’s website), a report once every 5 years’’; SEC. 115. PRIORITIES. include those researchers recommended by and Section 115 (20 U.S.C. 9515) is amended— the National Academy of Sciences’’; (D) by adding at the end the following: (1) in subsection (a)— (II) by redesignating clause (ii) as clause ‘‘(2) REQUIREMENTS.—An evaluation report (A) in the matter preceding paragraph (1)— (iii); described in paragraph (1) shall include— (i) by striking ‘‘(taking into consideration (III) by inserting after clause (i), the fol- ‘‘(A) subject to paragraph (3), an evalua- long-term research and development on core lowing: tion of the activities authorized for each of issues conducted through the national re- ‘‘(ii) Not fewer than 2 practitioners who the National Education Centers, which— search and development centers)’’ and insert- are knowledgeable about the education needs ‘‘(i) uses the performance management sys- ing ‘‘at least once every 6 years’’; and of the United States, who may include tem described in section 185; and (ii) by striking ‘‘such as’’ and inserting school-based professional educators, teach- ‘‘(ii) is conducted by an independent enti- ‘‘including’’; ers, school leaders, local educational agency ty; (B) in paragraph (1)— superintendents, and members of local ‘‘(B) a review of the Institute to ensure its (i) by inserting ‘‘ensuring that all students boards of education or Bureau-funded school work, consistent with the requirements of have the ability to obtain a high-quality boards.’’; and section 114(j), is timely, rigorous, and rel- education, particularly by’’ before ‘‘closing’’; (IV) in clause (iii), as redesignated by sub- evant; (ii) by striking ‘‘low-performing children’’ clause (II)— ‘‘(C) any recommendations regarding ac- and inserting ‘‘low-performing students’’; (aa) by striking ‘‘school-based professional tions that may be taken to enhance the abil- educators,’’; (iii) by striking ‘‘especially achievement ity of the Institute and the National Edu- (bb) by inserting ‘‘State leaders in adult gaps between’’; cation Centers to carry out their priorities education,’’ after ‘‘executives,’’; (iv) by striking ‘‘nonminority children’’ and missions; (cc) by striking ‘‘local educational agency and inserting ‘‘nonminority students, stu- ‘‘(D) a summary of the major research find- superintendents,’’; dents with disabilities and students without ings of the Institute and the activities car- disabilities,’’; (dd) by striking ‘‘principals,’’; ried out under section 113(b) during the 3 pre- (v) by striking ‘‘and between disadvan- (ee) by striking ‘‘or local’’; and ceding fiscal years; and taged children and such children’s’’ and in- (ff) by striking ‘‘or Bureau-funded school ‘‘(E) interim findings made widely avail- serting ‘‘and disadvantaged students and boards’’; able to the public (including by electronic such students’ ’’; and (ii) in subparagraph (B)— means such as posting in an easily accessible (vi) by striking ‘‘and’’ after the semicolon; (I) in the matter preceding clause (i), by in- manner on the Institute’s website) 3 years (C) by striking paragraph (2); and serting ‘‘beginning on the date of appoint- after the independent entity has begun re- (D) by adding at the end the following: ment of the member,’’ after ‘‘4 years,’’; viewing the work of the Institute. ‘‘(2) improving access to and the quality of (II) by striking clause (i); ‘‘(3) NATIONAL CENTER FOR EDUCATION EVAL- early childhood education; (III) by redesignating clause (ii) as clause UATION AND REGIONAL ASSISTANCE.—With re- ‘‘(3) improving education in elementary (i); schools and secondary schools, particularly (IV) in clause (i), as redesignated by sub- spect to the National Center for Education among low-performing students and schools; clause (III), by striking the period and in- Evaluation and Regional Assistance, an eval- and serting ‘‘; and’’; and uation report described in paragraph (1) shall ‘‘(4) improving access to, opportunities for, (V) by adding at the end the following: contain— and completion of postsecondary education ‘‘(ii) in a case in which a successor to a ‘‘(A) an evaluation described in paragraph and adult education.’’; and member has not been appointed as of the (2)(A) of the activities authorized for such (2) in subsection (d)(1), by striking ‘‘by date of expiration of the member’s term, the Center, except for the regional educational means of the Internet’’ and inserting ‘‘by member may serve for an additional 1-year laboratories established under section 174; electronic means such as posting in an easily period, beginning on the day after the date of and accessible manner on the Institute’s expiration of the member’s term, or until a ‘‘(B) a summative or interim evaluation, website’’. successor has been appointed under para- whichever is most recent, for each such lab- SEC. 116. NATIONAL BOARD FOR EDUCATION graph (1), whichever occurs first.’’; oratory conducted under section 174(i) on or SCIENCES. (iii) by striking subparagraph (C); and after the date of enactment of the Strength- Section 116 (20 U.S.C. 9516) is amended— (iv) by redesignating subparagraph (D) as ening Education through Research Act or, in (1) in subsection (b)— subparagraph (C); and a case in which such an evaluation is not (A) in paragraph (2), by striking ‘‘to guide (C) in paragraph (8)— available for a laboratory, the most recent the work of the Institute’’ and inserting ‘‘, (i) by redesignating subparagraphs (A) evaluation for the laboratory conducted and to advise, and provide input to, the Di- through (E) as subparagraphs (B) through prior to the date of enactment of such Act.’’; rector on the activities of the Institute on an (F), respectively; and ongoing basis’’; (ii) by inserting before subparagraph (B), (6) by striking subsection (f). (B) in paragraph (3), by inserting ‘‘under as redesignated by clause (i), the following: SEC. 117. COMMISSIONERS OF THE NATIONAL section 114(h)’’ after ‘‘procedures’’; ‘‘(A) IN GENERAL.—In the exercise of its du- EDUCATION CENTERS. (C) in paragraph (8), by inserting ‘‘dis- ties under subsection (b) and in accordance Section 117 (20 U.S.C. 9517) is amended— ability,’’ after ‘‘gender,’’; with the Federal Advisory Committee Act (5 (1) in subsection (a)— (D) in paragraph (9)— U.S.C. App.), the Board shall be independent (A) in paragraph (1), by striking ‘‘Except as (i) by striking ‘‘To solicit’’ and inserting of the Director and the other offices and offi- provided in subsection (b), each’’ and insert- ‘‘To ensure all activities of the Institute are cers of the Institute.’’; ing ‘‘Each’’; relevant to education policy and practice by (iii) in subparagraph (B), as redesignated (B) in paragraph (2)— soliciting, on an ongoing basis,’’; and by clause (i), by inserting before the period (i) by striking ‘‘Except as provided in sub- (ii) by striking ‘‘consistent with’’ and in- at the end the following: ‘‘for a term of not section (b), each’’ and inserting ‘‘Each’’; and serting ‘‘consistent with section 114(j) and’’; more than 6 years, and who may be re- (ii) by inserting ‘‘, statistics,’’ after ‘‘re- (E) in paragraph (11)— appointed by the Board for 1 additional term search’’; and (i) by inserting ‘‘the Institute’s’’ after ‘‘en- of not more than 6 years’’; and (C) in paragraph (3), by striking ‘‘Except as hance’’; and (iv) by adding at the end the following: provided in subsection (b), each’’ and insert- (ii) by striking ‘‘among other Federal and ‘‘(G) SUBCOMMITTEES.—The Board may es- ing ‘‘Each’’; State research agencies’’ and inserting ‘‘with tablish standing or temporary subcommit- (2) by striking subsection (b);

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.024 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8819 (3) by redesignating subsections (c) and (d) evaluate evidence, and communicate effec- in section 185, with respect to the activities as subsections (b) and (c), respectively; and tively,’’ after ‘‘gap,’’; that will be carried out under the grant, con- (4) in subsection (c), as redesignated by (J) by inserting after paragraph (7), as re- tract, or cooperative agreement.’’; and paragraph (3), by striking ‘‘, except the Com- designated by subparagraph (E), the fol- (5) in subsection (d), as redesignated by missioner for Education Statistics,’’. lowing: paragraph (3)— SEC. 118. TRANSPARENCY. ‘‘(8) to the extent time and resources (A) by striking paragraph (1) and inserting (a) IN GENERAL.—Section 119 (20 U.S.C. allow, when findings from previous research the following: 9519) is amended to read as follows: under this part provoke relevant follow up ‘‘(1) SUPPORT.—In carrying out activities ‘‘SEC. 119. TRANSPARENCY. questions, carry out research initiatives on under subsection (a)(2), the Research Com- ‘‘Not later than 120 days after awarding a such follow up questions;’’; missioner shall support national research grant, contract, or cooperative agreement (K) by redesignating paragraphs (10) and and development centers that address topics under this title in excess of $100,000, the Di- (11) as paragraphs (9) and (10), respectively; of importance and relevance in the field of (L) by striking paragraph (9), as redesig- rector shall make publicly available (includ- education across the country and are con- nated by subparagraph (K), and inserting the ing through electronic means such as posting sistent with the Institute’s priorities under following: in an easily accessible manner on the Insti- section 115.’’; ‘‘(9) carry out research initiatives, includ- tute’s website) a description of the grant, (B) by striking paragraphs (2), (3), and (5); ing rigorous, peer-reviewed, large-scale, contract, or cooperative agreement, includ- (C) by redesignating paragraphs (4), (6), and long-term, and broadly applicable empirical ing, at a minimum, the amount, duration, (7) as paragraphs (2), (3), and (4), respec- research, regarding the impact of technology recipient, and the purpose of the grant, con- tively; on education, including online education and tract, or cooperative agreement.’’. (D) in paragraph (2), as redesignated by hybrid learning;’’; (b) CONFORMING AMENDMENT.—The table of subparagraph (C)— (M) in paragraph (10), as redesignated by contents in section 1 of the Act of November (i) in the matter preceding subparagraph subparagraph (K), by striking the period at 5, 2002 (Public Law 107–279; 116 Stat. 1940), is (A)— the end and inserting ‘‘; and’’; and amended by striking the item relating to (I) by striking ‘‘5 additional’’ and inserting (N) by adding at the end the following: section 119 and inserting the following: ‘‘2 additional’’; and ‘‘(11) to the extent feasible, carry out re- (II) by striking ‘‘notwithstanding section ‘‘Sec. 119. Transparency.’’. search on the quality of implementation of 134(b),’’ and inserting ‘‘notwithstanding sec- SEC. 119. COMPETITIVE AWARDS. practices and strategies determined to be ef- tion 114(h),’’; Section 120 (20 U.S.C. 9520) is amended by fective through scientifically valid re- (ii) in subparagraph (A), by striking ‘‘and’’ striking ‘‘when practicable’’ and inserting search.’’; after the semicolon; ‘‘consistent with section 114(h)’’. (2) by striking subsection (b) and inserting (iii) in subparagraph (B), by striking the PART B—NATIONAL CENTER FOR the following: period and inserting ‘‘; and’’; and ‘‘(b) PLAN.—The Research Commissioner EDUCATION RESEARCH (iv) by adding at the end the following: shall propose to the Director and, subject to ‘‘(C) demonstrates progress on the require- SEC. 131. ESTABLISHMENT. the approval of the Director, implement a re- ments of the performance management sys- Section 131(b) (20 U.S.C. 9531(b)) is amend- search plan for the activities of the Research ed— Center that— tem described in section 185.’’; (1) by striking paragraph (1) and inserting ‘‘(1) is consistent with the priorities and (E) in paragraph (3), as redesignated by the following: mission of the Institute and the mission of subparagraph (C), by striking ‘‘paragraphs ‘‘(1) to sponsor sustained research that will the Research Center described in section (4) and (5)’’ and inserting ‘‘paragraph (2)’’; lead to the accumulation of knowledge and 131(b), and includes the activities described and understanding of education, consistent with in subsection (a); (F) by striking paragraph (4), as redesig- the priorities described in section 115;’’; ‘‘(2) is carried out and, as appropriate, up- nated by subparagraph (C), and inserting the (2) by striking ‘‘and’’ at the end of para- dated and modified, including through the following: graph (3); use of the results of the Research Center’s ‘‘(4) DISAGGREGATION.—To the extent fea- (3) in paragraph (4), by striking the period most recent evaluation report under section sible and when relevant to the research being and inserting ‘‘; and’’; and 116(d); conducted, research conducted under this (4) by adding at the end the following: ‘‘(3) describes how the Research Center will subsection shall be disaggregated and cross- ‘‘(5) consistent with section 114(j), to wide- use the performance management system de- tabulated by age, race, gender, disability sta- ly disseminate and promote utilization of scribed in section 185 to assess and improve tus, English learner status, socioeconomic the work of the Research Center.’’. the activities of the Center; background, and other population character- SEC. 132. DUTIES. ‘‘(4) meets the procedures for peer review istics as determined by the Research Com- Section 133 (20 U.S.C. 9533) is amended— established and maintained by the Director missioner, so long as any reported informa- (1) in subsection (a)— under section 114(f)(5) and the standards of tion does not reveal individually identifiable (A) in paragraph (1), by striking ‘‘peer-re- research described in section 134; and information.’’. view standards and’’; ‘‘(5) includes both basic research and ap- SEC. 133. STANDARDS FOR CONDUCT AND EVAL- (B) by striking paragraph (2); plied research, which shall include research UATION OF RESEARCH. Section 134 (20 U.S.C. 9534) is amended— (C) by redesignating paragraph (3) as para- conducted through field-initiated research (1) in subsection (a)— graph (2); and ongoing research initiatives.’’; (A) in paragraph (1), by striking ‘‘based’’ (D) by striking paragraph (4); (3) by redesignating subsection (c) as sub- and inserting ‘‘valid’’; and (E) by redesignating paragraphs (5) section (d); (B) in paragraph (2), by striking ‘‘and wide through (9) as paragraphs (3) through (7), re- (4) by inserting after subsection (b), the dissemination activities’’ and inserting spectively; following: ‘‘and, consistent with section 114(j), wide dis- (F) in paragraph (3), as redesignated by ‘‘(c) GRANTS, CONTRACTS, AND COOPERATIVE subparagraph (E), by inserting ‘‘in the imple- AGREEMENTS.— semination and utilization activities’’; mentation of programs carried out by the ‘‘(1) IN GENERAL.—The Research Commis- (2) by striking subsection (b); and Department and other agencies’’ before sioner may award grants to, or enter into (3) by redesignating subsection (c) as sub- ‘‘within the Federal Government’’; contracts or cooperative agreements with, section (b). (G) in paragraph (5), as redesignated by eligible applicants to carry out research PART C—NATIONAL CENTER FOR subparagraph (E), by striking ‘‘disseminate, under subsection (a). EDUCATION STATISTICS through the National Center for Education ‘‘(2) ELIGIBILITY.—For purposes of this sub- SEC. 151. ESTABLISHMENT. Evaluation and Regional Assistance,’’ and section, the term ‘eligible applicant’ means Section 151(b) (20 U.S.C. 9541(b)) is amend- inserting ‘‘widely disseminate, consistent an applicant that has the ability and capac- ed— with section 114(j),’’; ity to conduct scientifically valid research. (1) in paragraph (2), by inserting ‘‘and con- (H) in paragraph (6), as redesignated by ‘‘(3) APPLICATIONS.— sistent with the privacy protections under subparagraph (E)— ‘‘(A) IN GENERAL.—An eligible applicant section 183’’ after ‘‘manner’’; and (i) by striking ‘‘Director’’ and inserting that wishes to receive a grant, or enter into (2) in paragraph (3)— ‘‘Board’’; and a contract or cooperative agreement, under (A) in subparagraph (A), by inserting ‘‘dis- (ii) by striking ‘‘of a biennial report, as de- this section shall submit an application to ability,’’ after ‘‘cultural,’’; and scribed in section 119’’ and inserting ‘‘and the Research Commissioner at such time, in (B) by striking subparagraph (B) and in- dissemination of each evaluation report such manner, and containing such informa- serting the following: under section 116(d)’’; tion as the Research Commissioner may re- ‘‘(B) is consistent with section 114(j), is rel- (I) in paragraph (7), as redesignated by sub- quire. evant, timely, and widely disseminated.’’. paragraph (E), by inserting ‘‘and which may ‘‘(B) CONTENT.—An application submitted SEC. 152. DUTIES. include research on social and emotional under subparagraph (A) shall describe how Section 153 (20 U.S.C. 9543) is amended— learning, and the acquisition of com- the eligible applicant will address and dem- (1) in subsection (a)— petencies and skills, including the ability to onstrate progress on the requirements of the (A) in the matter preceding paragraph (1), think critically, solve complex problems, performance management system described by inserting ‘‘, consistent with the privacy

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.024 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8820 CONGRESSIONAL RECORD — SENATE December 17, 2015 protections under section 183,’’ after ‘‘Center (H) by striking paragraph (8) and inserting use of the data, how access to the data may shall’’; the following: meet such research intent, and how the Fed- (B) in paragraph (1)— ‘‘(8) assisting the Board in the preparation eral agency will protect the confidentiality (i) by striking subparagraph (D) and insert- and dissemination of each evaluation report of the data consistent with the requirements ing the following: under section 116(d).’’; and of section 183.’’; ‘‘(D) secondary school graduation and com- (I) by striking paragraph (9); (B) in paragraph (2)— pletion rates, including the four-year ad- (2) by redesignating subsection (b) as sub- (i) by inserting ‘‘and consistent with sec- justed cohort graduation rate (as defined in section (c); and tion 183’’ after ‘‘may prescribe’’; and section 200.19(b)(1)(i)(A) of title 34, Code of (3) by inserting after subsection (a) the fol- (ii) by adding at the end the following: Federal Regulations, as such section was in lowing: ‘‘Before receiving access to data under this effect on November 28, 2008) and the ex- ‘‘(b) PLAN.—The Statistics Commissioner paragraph, an interested party shall describe tended-year adjusted cohort graduation rate shall develop a plan in consultation with the to the Statistics Center the specific research (as defined in section 200.19(b)(1)(v)(A) of Director and implement a plan for activities intent for use of the data, how access to the title 34, Code of Federal Regulations, as such of the Statistics Center that— data may meet such research intent, and section was in effect on November 28, 2008), ‘‘(1) is consistent with the priorities and how the party will protect the confiden- and school dropout rates, and adult lit- mission of the Institute and the mission of tiality of the data consistent with the re- eracy;’’; the Statistics Center described in section quirements of section 183.’’; and (ii) in subparagraph (E), by striking ‘‘and 151(b); (C) by adding at the end the following: opportunity for,’’ and inserting ‘‘opportunity ‘‘(2) is carried out and, as appropriate, up- ‘‘(3) DENIAL AUTHORITY.—The Statistics for, and completion of’’; dated and modified, including through the Center shall have the authority to deny any (iii) by striking subparagraph (F) and in- use of the results of the Statistic Center’s requests for access to data under paragraph serting the following: most recent evaluation report under section (1) or (2) if the data requested would be un- ‘‘(F) teaching and school leadership, in- 116(d); and necessary for or unrelated to the proposed cluding information on teacher and school ‘‘(3) describes how the Statistics Center research design or research intent, or if the leader pre-service preparation, professional will use the performance management sys- request would introduce risk of a privacy development, teacher distribution, and tem described in section 185 to assess and im- violation or misuse of data. teacher and school leader evaluation;’’; prove the activities of the Center.’’. ‘‘(4) APPLICABILITY OF REQUIREMENTS.—The (iv) in subparagraph (G), by inserting ‘‘and SEC. 153. PERFORMANCE OF DUTIES. requirements described under the second school leaders’’ before the semicolon; Section 154 (20 U.S.C. 9544) is amended— sentence of paragraph (1) and the second sen- (v) in subparagraph (H), by inserting ‘‘, cli- (1) in subsection (a)— tence of paragraph (2) and the authority mate, and in- and out-of-school suspensions (A) by striking ‘‘In carrying’’ and inserting under paragraph (3) shall not apply to public and expulsions’’ before ‘‘, including informa- the following: use data sets.’’. tion regarding’’; ‘‘(1) IN GENERAL.—In carrying’’; (vi) by striking subparagraph (K) and in- SEC. 156. COOPERATIVE EDUCATION STATISTICS (B) by inserting ‘‘to eligible applicants’’ PARTNERSHIPS. serting the following: after ‘‘technical assistance’’; and ‘‘(K) the access to, and use of, technology (a) IN GENERAL.—Section 157 (20 U.S.C. (C) by adding at the end the following: to improve elementary schools and sec- 9547) is amended— ‘‘(2) ELIGIBILITY.—For purposes of this sec- ondary schools;’’; (1) in the section heading, by striking tion, the term ‘eligible applicant’ means an (vii) in subparagraph (L), by striking ‘‘and ‘‘SYSTEMS’’ and inserting ‘‘PARTNERSHIPS’’; applicant that has the ability and capacity opportunity for,’’ and inserting ‘‘opportunity (2) by striking ‘‘national cooperative edu- to carry out activities under this part. for, and quality of’’; cation statistics systems’’ and inserting ‘‘co- ‘‘(3) APPLICATIONS.— (viii) in subparagraph (M), by striking operative education statistics partnerships’’; ‘‘(A) IN GENERAL.—An eligible applicant ‘‘such programs during school recesses’’ and (3) by striking ‘‘producing and maintain- that wishes to receive a grant, or enter into inserting ‘‘summer school’’; ing, with the cooperation’’ and inserting ‘‘re- (ix) in subparagraph (N)— a contract or cooperative agreement, under viewing and improving, with the voluntary (I) by striking ‘‘vocational’’ and inserting this section shall submit an application to participation’’; ‘‘career’’; and the Statistics Commissioner at such time, in (4) by striking ‘‘comparable and uniform’’ (II) by striking ‘‘and’’ after the semicolon; such manner, and containing such informa- and inserting ‘‘data quality standards, which (x) in subparagraph (O), by inserting ‘‘and’’ tion as the Statistics Commissioner may re- may include establishing voluntary guide- after the semicolon; and quire. lines to standardize’’; (xi) by adding at the end the following: ‘‘(B) CONTENTS.—An application submitted (5) by striking ‘‘adult education, and li- ‘‘(P) access to, and opportunity for, adult under subparagraph (A) shall describe how braries,’’ and inserting ‘‘and adult edu- education and literacy activities;’’; the eligible applicant will address and dem- cation’’; and (C) in paragraph (3)— onstrate progress on the requirements of the (6) by adding at the end the following: ‘‘No (i) by striking ‘‘when such disaggregated performance management system described student data shall be collected by the part- information will facilitate educational and in section 185, with respect to the activities nerships established under this section, nor policy decisionmaking’’ and inserting ‘‘so that will be carried out under the grant, con- shall such partnerships establish a national long as any reported information does not tract, or cooperative agreement.’’; student data system.’’. reveal individually identifiable informa- (2) in subsection (b)(2)(A), by striking ‘‘vo- (b) CONFORMING AMENDMENT.—The table of tion’’; and cational and’’ and inserting ‘‘career and contents in section 1 of the Act of November (ii) by striking ‘‘limited English pro- technical education programs,’’; and 5, 2002 (Public Law 107–279; 116 Stat. 1940), is ficiency’’ and inserting ‘‘English learner sta- (3) in subsection (c), by striking ‘‘5 years’’ amended by striking the item relating to tus’’; the second place it appears and inserting ‘‘2 section 157 and inserting the following: years if the recipient demonstrates progress (D) in paragraph (4), by inserting before ‘‘Sec. 157. Cooperative education statistics on the requirements of the performance the semicolon the following: ‘‘, and the im- partnerships.’’. plementation (with the assistance of the De- management system described in section 185, partment and other Federal officials who with respect to the activities carried out PART D—NATIONAL CENTER FOR EDU- have statutory authority to provide assist- under the grant, contract, or cooperative CATION EVALUATION AND REGIONAL ance on applicable privacy laws, regulations, agreement received under this section’’. ASSISTANCE and policies) of appropriate privacy protec- SEC. 154. REPORTS. SEC. 171. ESTABLISHMENT. tions’’; Section 155 (20 U.S.C. 9545) is amended— Section 171 (20 U.S.C. 9561) is amended— (E) in paragraph (5)— (1) in subsection (a), by inserting ‘‘(con- (1) in subsection (b)— (i) by striking ‘‘determining voluntary sistent with section 114(h))’’ after ‘‘review’’; (A) by striking paragraph (1); standards and guidelines to assist’’ and in- and (B) by redesignating paragraphs (2), (3), serting ‘‘providing technical assistance to’’; (2) in subsection (b), by striking ‘‘2003’’ and and (4) as paragraphs (1), (2), and (3), respec- and inserting ‘‘2016’’. tively; (ii) by striking ‘‘promote linkages across SEC. 155. DISSEMINATION. (C) in paragraph (1), as redesignated by States,’’; Section 156 (20 U.S.C. 9546) is amended— subparagraph (B), by striking ‘‘of such pro- (F) in paragraph (6)— (1) in subsection (c), by adding at the end grams’’ and all that follows through (i) by striking ‘‘Third’’ and inserting the following: ‘‘Such projects shall adhere to ‘‘science)’’ and inserting ‘‘and to evaluate ‘‘Trends in’’; and student privacy requirements under section the implementation of such programs’’; and (ii) by inserting ‘‘and the Program for 183.’’; and (D) in paragraph (2), as redesignated by International Student Assessment’’ after (2) in subsection (e)— subparagraph (B), by striking ‘‘and wide dis- ‘‘Science Study’’; (A) in paragraph (1), by adding at the end semination of results of’’ and inserting ‘‘and, (G) in paragraph (7), by striking the semi- the following: ‘‘Before receiving access to consistent with section 114(j), the wide dis- colon and inserting the following: ‘‘and en- educational data under this paragraph, a semination and utilization of results of all’’; suring such collections protect student pri- Federal agency shall describe to the Statis- and vacy consistent with section 183; and’’; tics Center the specific research intent for (2) by striking subsection (c).

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COMMISSIONER FOR EDUCATION EVAL- and Regional Assistance Commissioner shall ‘‘(ii) review and supplement Federal edu- UATION AND REGIONAL ASSIST- make such awards to eligible applicants with cation program evaluations, particularly ANCE. the ability and capacity to conduct scientif- such evaluations by the Department, to de- Section 172 (20 U.S.C. 9562) is amended— ically valid education evaluations. termine or enhance the quality and rel- (1) in subsection (a)— ‘‘(4) APPLICATIONS.— evance of the evidence generated by those (A) by striking paragraph (2) and inserting ‘‘(A) IN GENERAL.—An eligible applicant evaluations; the following: that wishes to receive a grant, contract, or ‘‘(iii) conduct implementation evaluations ‘‘(2) widely disseminate, consistent with cooperative agreement under paragraph (1) that promote continuous improvement and section 114(j), all information on scientif- shall submit an application to the Evalua- inform policymaking; ically valid research and statistics supported tion and Regional Assistance Commissioner ‘‘(iv) evaluate the short- and long-term ef- by the Institute and all scientifically valid at such time, in such manner, and con- fects and cost efficiencies across programs education evaluations supported by the In- taining such information as the Commis- assisted or authorized under Federal law and stitute, particularly to State educational sioner may require. administrated by the Department; and agencies and local educational agencies, to ‘‘(B) CONTENTS.—An application submitted ‘‘(v) synthesize the results of evaluation institutions of higher education, and to the under subparagraph (A) shall describe how studies for and across Federal education pro- public, the media, voluntary organizations, the eligible applicant will address and dem- grams, policies, and practices.’’; and professional associations, and other con- onstrate progress on the requirements of the (B) in paragraph (2)— stituencies, especially with respect to the performance management system described (i) in subparagraph (A), by striking ‘‘and’’ priorities described in section 115;’’; in section 185, with respect to the activities at the end; (B) in paragraph (3)— carried out under such grant, contract, or (ii) in subparagraph (B), by striking the pe- (i) by inserting ‘‘, consistent with section cooperative agreement. riod and inserting ‘‘under section 114(h); 114(j)’’ after ‘‘timely, and efficient manner’’; ‘‘(5) DURATION.—Notwithstanding any and’’; and and other provision of law, the grants, contracts, (iii) by adding at the end the following: (ii) by striking ‘‘that shall include all top- and cooperative agreements under paragraph ‘‘(C) be widely disseminated, consistent ics covered in paragraph (2)(E)’’; (1) may be awarded, on a competitive basis, with section 114(j).’’; and (C) in paragraph (4)— for a period of not more than 5 years, and (2) in subsection (b), by striking ‘‘con- (i) by striking ‘‘development and dissemi- may be renewed at the discretion of the tracts’’ and inserting ‘‘grants, contracts, or nation’’ and inserting ‘‘development, dis- Evaluation and Regional Assistance Com- cooperative agreements’’. semination, and utilization’’; and missioner for an additional period of not SEC. 174. REGIONAL EDUCATIONAL LABORA- (ii) by striking ‘‘the provision of technical more than 2 years if the recipient dem- assistance,’’; TORIES FOR RESEARCH, DEVELOP- onstrates progress on the requirements of MENT, DISSEMINATION, AND EVAL- (D) in paragraph (5)— the performance management system de- UATION. (i) by striking ‘‘subsection (d)’’ and insert- scribed in section 185, with respect to the ac- (a) IN GENERAL.—Section 174 (20 U.S.C. ing ‘‘subsection (e)’’; and tivities carried out under the grant, con- 9564) is amended— (ii) by inserting ‘‘and’’ after the semicolon; tract, or cooperative agreement.’’; and (1) in the section heading, by striking (E) in paragraph (6)— (6) in subsection (e), as redesignated by ‘‘ ’’ and inserting ‘‘ (i) by striking ‘‘Director’’ and inserting TECHNICAL ASSISTANCE EVAL- paragraph (4)— ’’; ‘‘Board’’; UATION (A) in paragraph (1), by striking ‘‘There is (2) in subsection (a)— (ii) by striking ‘‘preparation of a biennial established’’ and all that follows through (A) by striking ‘‘The Director’’ and insert- report,’’ and inserting ‘‘preparation and dis- ‘‘Regional Assistance’’ and inserting ‘‘The ing ‘‘Except as provided in subsection (e)(8), semination of each evaluation report’’; and Evaluation and Regional Assistance Com- the Evaluation and Regional Assistance (iii) by striking ‘‘119; and’’ and inserting missioner may establish’’; Commissioner’’; and ‘‘116(d).’’; and (B) in paragraph (2)(A), by inserting ‘‘all’’ (B) by striking ‘‘contracts’’ and inserting (F) by striking paragraph (7); before ‘‘products’’; and ‘‘grants, contracts, or cooperative agree- (2) in subsection (b)(1)— (C) in paragraph (2)(B)(ii), by striking ments’’; (A) by inserting ‘‘all’’ before ‘‘information ‘‘2002’’ and all that follows through the pe- (3) in subsection (c)— disseminated’’; and riod and inserting ‘‘2002).’’. (A) by striking ‘‘The Director’’ and insert- (B) by striking ‘‘, which may include’’ and ing the following: all that follows through ‘‘of this Act)’’; SEC. 173. EVALUATIONS. ‘‘(1) IN GENERAL.—The Evaluation and Re- (3) by striking subsection (c); Section 173 (20 U.S.C. 9563) is amended— gional Assistance Commissioner’’; (4) by redesignating subsection (d) as sub- (1) in subsection (a)— (B) by striking ‘‘contracts under this sec- section (e); (A) in paragraph (1)— tion with research organizations, institu- (5) by inserting after subsection (b) the fol- (i) in the matter preceding subparagraph tions, agencies, institutions of higher edu- lowing: (A), by striking ‘‘may’’ and inserting cation,’’ and inserting ‘‘grants, contracts, or ‘‘(c) PLAN.—The Evaluation and Regional ‘‘shall’’; Assistance Commissioner shall propose to (ii) in subparagraph (A), by striking ‘‘eval- cooperative agreements under this section the Director and, subject to the approval of uations’’ and inserting ‘‘high-quality evalua- with public or private, nonprofit or for-profit the Director, implement a plan for the ac- tions, including impact evaluations that use research organizations, other organizations, tivities of the National Center for Education rigorous methodologies that permit the or institutions of higher education,’’; Evaluation and Regional Assistance that— strongest possible causal inferences,’’; (C) by striking ‘‘or individuals,’’; ‘‘(1) is consistent with the priorities and (iii) in subparagraph (B), by inserting be- (D) by striking ‘‘, including regional enti- mission of the Institute and the mission of fore the semicolon at the end the following: ties’’ and all that follows through ‘‘107– the Center described in section 171(b); ‘‘, including programs under part A of such 110))’’; and ‘‘(2) is carried out and, as appropriate, up- title (20 U.S.C. 6311 et seq.)’’; (E) by adding at the end the following: dated and modified, including through the (iv) by striking subparagraph (C); ‘‘(2) DEFINITION.—For purposes of this sec- use of the results of the Center’s most recent (v) by redesignating subparagraph (D) as tion, the term ‘eligible applicant’ means an evaluation report under section 116(d); and subparagraph (C); entity described in paragraph (1).’’; ‘‘(3) describes how the Center will use the (vi) by striking subparagraphs (E) and (G); (4) by striking subsections (d) through (j) performance management system described (vii) by redesignating subparagraph (F) as and inserting the following: in section 185 to assess and improve the ac- subparagraph (D); ‘‘(d) APPLICATIONS.— tivities of the Center. (viii) in subparagraph (D), as redesignated ‘‘(1) SUBMISSION.— ‘‘(d) GRANTS, CONTRACTS, AND COOPERATIVE by clause (vii), by striking ‘‘and’’ at the end; ‘‘(A) IN GENERAL.—Each eligible applicant AGREEMENTS.— and desiring a grant, contract, or cooperative ‘‘(1) IN GENERAL.—In carrying out the du- (ix) by inserting after subparagraph (D), as agreement under this section shall submit an ties under this part, the Evaluation and Re- redesignated by clause (vii), the following: application at such time, in such manner, gional Assistance Commissioner may— ‘‘(E) provide evaluation findings in an un- and containing such information as the Eval- ‘‘(A) award grants, contracts, or coopera- derstandable, easily accessible, and usable uation and Regional Assistance Commis- tive agreements to eligible applicants to format to support program improvement; sioner may reasonably require. carry out the activities under this part; and ‘‘(F) support the evaluation activities de- ‘‘(B) INPUT.—To ensure that applications ‘‘(B) provide technical assistance. scribed in section 401 of the Strengthening submitted under this paragraph are reflec- ‘‘(2) ELIGIBILITY.—For purposes of this sec- Education through Research Act that are tive of the needs of the regions to be served, tion, the term ‘eligible applicant’ means an carried out by the Director; and each eligible applicant submitting such an applicant that has the ability and capacity ‘‘(G) to the extent feasible— application shall seek input from State edu- to carry out activities under this part. ‘‘(i) examine evaluations conducted or sup- cational agencies and local educational ‘‘(3) ENTITIES TO CONDUCT EVALUATIONS.—In ported by others to determine the quality agencies in the region that the award will awarding grants, contracts, or cooperative and relevance of the evidence of effectiveness serve, and other individuals with knowledge agreements under paragraph (1) to carry out generated by those evaluations, with the ap- of the region’s needs. activities under section 173, the Evaluation proval of the Director; ‘‘(2) PLAN.—

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‘‘(A) IN GENERAL.—Each application sub- exchange information with the comprehen- ‘‘(ii) an insufficient number of laboratories mitted under paragraph (1) shall contain a sive centers (established in section 203) in are meeting the measurable performance in- plan for the activities of the regional edu- the region in which the laboratory is lo- dicators established under paragraph (5), as cational laboratory to be established under cated, and with comprehensive centers lo- determined by the Commissioner and the this section, which shall be updated, modi- cated outside of its region, as appropriate. most recent interim or summative evalua- fied, and improved, as appropriate, on an on- ‘‘(4) OUTREACH.—In conducting competi- tion under subsection (i); or going basis, including by using the results of tions for grants, contracts, or cooperative ‘‘(iii) an insufficient number of eligible ap- the laboratory’s interim evaluation under agreements under this section, the Evalua- plicants have the capacity to meet the meas- subsection (i)(3). tion and Regional Assistance Commissioner urable performance indicators established ‘‘(B) CONTENTS.—A plan described in sub- shall— under paragraph (5), as determined by the paragraph (A) shall address— ‘‘(A) by making information and technical Commissioner. ‘‘(i) the priorities for applied research, de- assistance relating to the competition wide- ‘‘(B) LIMITATION.—If the Evaluation and velopment, evaluations, and wide dissemina- ly available, actively encourage eligible ap- Regional Assistance Commissioner uses the tion established under section 207; plicants to compete for such an award; and determination authority described in sub- ‘‘(ii) the needs of State educational agen- ‘‘(B) seek input from the chief executive paragraph (A), there shall be no more than 10 cies and local educational agencies, on an officers of States, chief State school officers, regional educational laboratories estab- ongoing basis, using available State and educators, parents, superintendents, and lished. local data; and other individuals with knowledge of the ‘‘(f) MISSION.—Each regional educational ‘‘(iii) if available, demonstrated support needs of the regions to be served by the laboratory established under this section from State educational agencies and local awards, regarding— shall— educational agencies in the region, such as ‘‘(i) the needs in the regions for applied re- ‘‘(1) conduct applied research, develop- letters of support or signed memoranda of search, evaluation, development, and wide- ment, data analysis, and evaluation activi- understanding. dissemination activities authorized by this ties with State educational agencies, local ‘‘(3) NON-FEDERAL SUPPORT.—In conducting title; and educational agencies, and, as appropriate, a competition for grants, contracts, or coop- ‘‘(ii) how such needs may be addressed schools funded by the Bureau; erative agreements under subsection (a), the most effectively. ‘‘(2) widely disseminate such work, con- Evaluation and Regional Assistance Com- ‘‘(5) PERFORMANCE MANAGEMENT.—Before sistent with section 114(j); and missioner shall give priority to eligible ap- the Evaluation and Regional Assistance ‘‘(3) develop the capacity of State edu- plicants that will provide a portion of non- Commissioner awards a grant, contract, or cational agencies, local educational agen- Federal funds to maximize support for ac- cooperative agreement under this section, cies, and, as appropriate, schools funded by tivities of the regional educational labora- the Director shall establish measurable per- the Bureau to carry out the activities de- tories to be established under this section. formance indicators for assessing the ongo- scribed in paragraphs (1) and (2). ‘‘(e) AWARDING GRANTS, CONTRACTS, OR CO- ing progress and performance of the regional ‘‘(g) ACTIVITIES.—To carry out the mission OPERATIVE AGREEMENTS.— educational laboratories established with described in subsection (f), each regional ‘‘(1) ASSURANCES.—In awarding grants, con- such awards that address the requirements educational laboratory established under tracts, or cooperative agreements under this of the performance management system de- this section shall carry out the following ac- section, the Evaluation and Regional Assist- scribed in section 185. tivities: ance Commissioner shall— ‘‘(6) STANDARDS.—The Evaluation and Re- ‘‘(1) Conduct, widely disseminate, and pro- ‘‘(A) make such an award for not more gional Assistance Commissioner shall adhere mote utilization of applied research, develop- than a 5-year period; to the Institute’s system for technical and ment activities, evaluations, data analysis, ‘‘(B) ensure that regional educational lab- peer review under section 114(h) in reviewing and other scientifically valid research. oratories established under this section have the applied research activities and research- ‘‘(2) Develop and improve the plan for the strong and effective governance, organiza- based reports of the regional educational laboratory under subsection (d)(2) for serving tion, management, and administration, and laboratories. the region of the laboratory, and as appro- employ qualified staff; and ‘‘(7) REQUIRED CONSIDERATION.—In deter- priate, national needs, on an ongoing basis, ‘‘(C) ensure that each such laboratory has mining whether to award a grant, contract, which shall include seeking input and incor- the flexibility to respond in a timely fashion or cooperative agreement under this sec- porating feedback from the representatives to the needs of the laboratory’s region, in- tion— of State educational agencies and local edu- cluding— ‘‘(A) to an eligible applicant that pre- cational agencies in the region, and other in- ‘‘(i) through using the results of the lab- viously established a regional educational dividuals with knowledge of the region’s oratory’s interim evaluation under sub- laboratory under this section, the Evalua- needs. section (i)(3) to improve and modify the ac- tion and Regional Assistance Commissioner ‘‘(3) Ensure research and related products tivities of the laboratory before the end of shall— are relevant and responsive to the needs of the award period; and ‘‘(i) consider the results of such labora- the region. ‘‘(ii) through sharing preliminary results tory’s summative evaluation under sub- ‘‘(h) REGIONAL EDUCATIONAL LABORATORY of the laboratory’s research, as appropriate, section (i)(2), or, if not available, any in- ADVISORY BOARD.— to increase the relevance and usefulness of terim evaluation findings under subsection ‘‘(1) ESTABLISHMENT.—Each regional edu- the research. (i)(3); and cational laboratory established under this ‘‘(2) COORDINATION.—To ensure coordina- ‘‘(ii) ensure that only such laboratories de- section may establish an advisory board that tion and prevent unnecessary duplication of termined effective in their relevant interim shall support the priorities of such labora- activities among the regions, the Evaluation or summative evaluations, as described in tory. and Regional Assistance Commissioner subsection (i), are eligible to receive a new ‘‘(2) DUTIES.—Each advisory board estab- shall— grant, contract, or cooperative agreement; lished under paragraph (1) shall advise the ‘‘(A) share information about the activities and regional educational laboratory— of each regional educational laboratory with ‘‘(B) to any eligible applicant, the Evalua- ‘‘(A) concerning the activities described in each other regional educational laboratory, tion and Regional Assistance Commissioner subsection (g); the Department, the Director, and the Na- shall ensure that such applicant has— ‘‘(B) on strategies for monitoring and ad- tional Board for Education Sciences; ‘‘(i) a history of effectiveness in conducting dressing the educational needs of the region, ‘‘(B) ensure, where appropriate, that the high-quality applied research; and on an ongoing basis, and as appropriate, na- activities of each regional educational lab- ‘‘(ii) the capacity to meet the measurable tional needs; oratory established under this section also performance indicators established under ‘‘(C) on maintaining a high standard of serve national interests; paragraph (5). quality in the performance of the labora- ‘‘(C) ensure each such regional educational ‘‘(8) FLEXIBILITY IN LABORATORY NUMBER.— tory’s activities, especially in meeting the laboratory establishes strong partnerships ‘‘(A) DETERMINATION.—The Evaluation and measurable performance indicators estab- among practitioners, policymakers, re- Regional Assistance Commissioner, in con- lished under subsection (e)(5); searchers, and others, so that such partner- sultation with the regional educational lab- ‘‘(D) on carrying out the laboratory’s du- ships are continued in the absence of Federal oratory advisory boards described in sub- ties in a manner that promotes progress to- support; and section (h), may determine that establishing ward improving student academic achieve- ‘‘(D) enable, where appropriate, for such a 10 regional educational laboratories is un- ment; laboratory to work in a region being served necessary, as required in subsection (a), and ‘‘(E) on the activities undertaken by the by another laboratory or to carry out a grant an alternative number of awards or re- comprehensive center in the region, other project that extends beyond the region organize such laboratories, which may in- centers, as appropriate, and other labora- served by the laboratory. clude not basing the awards on the regions tories to align the work of such entities, re- ‘‘(3) COLLABORATION WITH TECHNICAL AS- described in subsection (b), if— duce redundancy, and increase collaboration SISTANCE PROVIDERS.—Each regional edu- ‘‘(i) an insufficient number of regional edu- and resource-sharing in such activities; and cational laboratory established under this cational laboratories are meeting the needs ‘‘(F) on joint activities with other com- section shall, on an ongoing basis, coordi- of the regions described in subsection (b), as prehensive centers or laboratories that nate its activities, collaborate, and regularly determined by the Commissioner; would meet the needs of multiple regions.

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‘‘(3) COMPOSITION.— ‘‘(B) be used to improve the effectiveness PART E—NATIONAL CENTER FOR SPECIAL ‘‘(A) IN GENERAL.—Each advisory board of such laboratory in carrying out its plan EDUCATION RESEARCH shall— under subsection (d)(2). SEC. 175. ESTABLISHMENT. ‘‘(i) not exceed 25 members; ‘‘(j) CONTINUATION OF AWARDS; RECOMPETI- Section 175(b) (20 U.S.C. 9567(b)) is amend- ‘‘(ii) include the chief State school officer, TION.— ed— or such officer’s designee, or other State offi- ‘‘(1) CONTINUATION OF AWARDS.—The Eval- (1) in paragraph (1), by striking ‘‘and chil- cial, of States within the region of the lab- uation and Regional Assistance Commis- dren’’ and inserting ‘‘children, and youth’’; oratory who have primary responsibility sioner shall continue awards made to each (2) in paragraph (2), by striking ‘‘and’’ at under State law for elementary and sec- eligible applicant for the support of regional the end; ondary education in the State; educational laboratories established under (3) in paragraph (3), by striking the period ‘‘(iii) include representatives of local edu- this section prior to the date of enactment of at the end and inserting a semicolon; and cational agencies, including rural and urban the Strengthening Education through Re- (4) by adding at the end the following: local educational agencies, that represent search Act, as such awards were in effect on ‘‘(4) to promote quality and integrity the geographic diversity of the region; the day before the date of enactment of such through the use of accepted practices of sci- ‘‘(iv) include researchers; and entific inquiry to obtain knowledge and un- ‘‘(v) include not less than 1 representative Act, for the duration of those awards, in ac- cordance with the terms and agreements of derstanding of the validity of education from an advisory board of a comprehensive theories, practices, or conditions with re- center serving the region, if applicable. such awards. ‘‘(2) RECOMPETITION.—Not later than the spect to special education research and eval- ‘‘(B) ELIGIBILITY.—The membership of each uation described in paragraphs (1) through regional educational laboratory advisory end of the period of the awards described in (3); and board may include the following: paragraph (1), the Evaluation and Regional ‘‘(5) to promote scientifically valid re- ‘‘(i) Representatives of institutions of Assistance Commissioner shall— search findings in special education that higher education. ‘‘(A) hold a competition to make grants, may provide the basis for improving aca- ‘‘(ii) Parents. contracts, or cooperative agreements under demic instruction and lifelong learning.’’. ‘‘(iii) Practicing educators, including class- this section to eligible applicants, which room teachers, school leaders, administra- may include eligible applicants that held SEC. 176. COMMISSIONER FOR SPECIAL EDU- CATION RESEARCH. tors, school board members, and other local awards described in paragraph (1); and Section 176 (20 U.S.C. 9567a) is amended by school officials. ‘‘(B) in determining whether to select an inserting ‘‘and youth’’ after ‘‘children’’. ‘‘(iv) Representatives of business. eligible applicant that held an award de- ‘‘(v) Policymakers. scribed in paragraph (1) for an award under SEC. 177. DUTIES. Section 177 (20 U.S.C. 9567b) is amended— ‘‘(4) RECOMMENDATIONS.—In choosing indi- subparagraph (A) of this paragraph, consider viduals for membership on a regional edu- the results of the summative evaluation (1) in subsection (a)— cational laboratory advisory board, the re- under subsection (i)(2) of the laboratory es- (A) in paragraph (1)(A), by inserting ‘‘and gional educational laboratory shall consult tablished with the eligible applicant’s award youth’’ after ‘‘children’’; with, and solicit recommendations from, the described in paragraph (1).’’; (B) in paragraph (2), by striking ‘‘scientif- Evaluation and Regional Assistance Com- (5) by striking subsection (l); ically based educational practices’’ and in- missioner, the chief executive officers of (6) by redesignating subsections (m), (n), serting ‘‘educational practices, including the States, chief State school officers, local edu- and (o) as subsections (l), (m), and (n), re- use of technology based on scientifically cational agencies, and other education spectively; valid research,’’; stakeholders within the applicable region. (7) in subsection (l), as redesignated by (C) in paragraph (4)— ‘‘(5) SPECIAL RULE.—The total number of paragraph (6), by inserting ‘‘and local’’ after (i) by striking ‘‘scientifically based’’; and members on each regional educational lab- ‘‘achieve State’’; (ii) by inserting ‘‘are based on scientif- oratory advisory board who are selected (8) by striking subsection (m), as redesig- ically valid research and’’ after ‘‘interven- under clauses (ii) and (iii) of paragraph nated by paragraph (6), and inserting the fol- tions that’’; (3)(A), in the aggregate, shall exceed the lowing: (D) in paragraph (10), by inserting before the semicolon the following: ‘‘, including total number of members who are selected ‘‘(m) ANNUAL REPORT.—Each regional edu- how secondary school credentials are related under paragraph (3)(B), collectively. cational laboratory established under this ‘‘(i) EVALUATIONS.— to postsecondary and employment out- section shall submit to the Evaluation and ‘‘(1) IN GENERAL.—The Evaluation and Re- comes’’; Regional Assistance Commissioner an an- gional Assistance Commissioner shall— (E) by redesignating paragraphs (11) nual report containing such information as ‘‘(A) provide for ongoing summative and through (15) and paragraphs (16) and (17) as the Commissioner may require, but which interim evaluations described in paragraphs paragraphs (12) through (16), respectively, shall include, at a minimum, the following: (2) and (3), respectively, of each of the re- and paragraphs (18) and (19), respectively; ‘‘(1) A summary of the laboratory’s activi- gional educational laboratories established (F) by inserting after paragraph (10), the ties and products developed during the pre- under this section in carrying out the full following: vious year. range of duties described in this section; and ‘‘(11) examine the participation and out- ‘‘(2) A listing of the State educational ‘‘(B) transmit the results of such evalua- comes of students with disabilities in sec- agencies, local educational agencies, and tions, through appropriate means, to the ap- ondary and postsecondary career and tech- schools the laboratory assisted during the propriate congressional committees, the Di- nical education programs;’’; previous year. rector, and the public. (G) in paragraph (14), as redesignated by ‘‘(3) Using the measurable performance in- ‘‘(2) SUMMATIVE EVALUATIONS.—The Eval- subparagraph (E), by inserting ‘‘and profes- dicators established under subsection (e)(5), uation and Regional Assistance Commis- sional development’’ after ‘‘preparation’’; a description of how well the laboratory is sioner shall ensure each regional educational (H) in paragraph (16), as redesignated by meeting educational needs of the region laboratory established under this section is subparagraph (E), by striking ‘‘help parents’’ served by the laboratory. evaluated by an independent entity at the and inserting ‘‘examine the methods by ‘‘(4) Any changes to the laboratory’s plan end of the period of the grant, contract, or which parents may’’; under subsection (d)(2) to improve its activi- cooperative agreement that established such (I) by inserting after paragraph (16), as re- ties in the remaining years of the grant, con- laboratory, and such evaluation shall— designated by subparagraph (E), the fol- tract, or cooperative agreement.’’; and ‘‘(A) be completed in a timely fashion; lowing: (9) by adding at the end the following: ‘‘(B) assess how well the laboratory is ‘‘(17) assist the Board in the preparation meeting the measurable performance indica- ‘‘(o) APPROPRIATIONS RESERVATION.—Of the and dissemination of each evaluation report tors established under subsection (e)(5); and amounts appropriated under section 194(a), under section 116(d);’’; ‘‘(C) consider the extent to which the lab- the Evaluation and Regional Assistance (J) in paragraph (18), as redesignated by oratory ensures that the activities of such Commissioner shall reserve 16.13 percent of subparagraph (E), by striking ‘‘and’’ at the laboratory are relevant and useful to the such funds to carry out this section, of which end; work of State and local practitioners and the Commissioner shall use not less than 25 (K) by striking paragraph (19), as redesig- policymakers. percent to serve rural areas (including nated by subparagraph (E), and inserting the ‘‘(3) INTERIM EVALUATIONS.—The Evalua- schools funded by the Bureau which are lo- following: tion and Regional Assistance Commissioner cated in rural areas).’’. ‘‘(19) examine the needs of children with shall ensure each regional educational lab- (b) CONFORMING AMENDMENT.—The table of disabilities who are English learners, are oratory established under this section is contents in section 1 of the Act of November gifted and talented, or have other unique evaluated at the midpoint of the period of 5, 2002 (Public Law 107–279; 116 Stat. 1940), is learning needs; and’’; and the grant, contract, or cooperative agree- amended by striking the item relating to (L) by adding at the end the following: ment that established such laboratory, and section 174 and inserting the following: ‘‘(20) examine innovations in the field of such evaluation shall— special education, such as multi-tiered sys- ‘‘(A) assess how well such laboratory is ‘‘Sec. 174. Regional educational laboratories tems of support.’’; meeting the performance indicators de- for research, development, dis- (2) in subsection (c)— scribed in subsection (e)(5); and semination, and evaluation.’’. (A) in the matter preceding paragraph (1)—

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.024 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8824 CONGRESSIONAL RECORD — SENATE December 17, 2015 (i) by inserting ‘‘for the activities of the (5) in subsection (f), by striking ‘‘part such ber 5, 2002 (Public Law 107–279; 116 Stat. 1940), Special Education Research Center’’ after ‘‘a sums as may be necessary for each of fiscal is amended by striking the items relating to research plan’’; and years 2005 through 2010.’’ and inserting the sections 187 and 193. (ii) by striking ‘‘Services, that—’’ and in- following: ‘‘part— SEC. 187. FELLOWSHIPS. serting ‘‘Services, and, subject to the ap- ‘‘(1) for fiscal year 2016, $54,000,000; Section 189 (20 U.S.C. 9579) is amended— proval of the Director, implement the re- ‘‘(2) for fiscal year 2017, $55,242,000; (1) by inserting ‘‘and the mission of each search plan. The research plan shall be a ‘‘(3) for fiscal year 2018, $56,512,566; National Education Center authorized under plan that—’’; ‘‘(4) for fiscal year 2019, $57,812,355; this title’’ after ‘‘related to education’’; and (B) in paragraph (1), by inserting ‘‘de- ‘‘(5) for fiscal year 2020, $59,142,039; and (2) by striking ‘‘historically Black colleges scribed in section 175(b)’’ after ‘‘Center’’; ‘‘(6) for fiscal year 2021, $66,922,118.’’. and universities’’ and inserting ‘‘minority- (C) by striking paragraph (2) and inserting PART F—GENERAL PROVISIONS serving institutions’’. the following: SEC. 181. PROHIBITIONS. SEC. 188. AUTHORIZATION OF APPROPRIATIONS. ‘‘(2) is carried out, and, as appropriate, up- Section 182 (20 U.S.C. 9572) is amended— Section 194 (20 U.S.C. 9584) is amended— dated and modified, including by using the (1) in subsection (b), by inserting ‘‘specific (1) by striking subsection (a) and inserting results of the Special Education Research academic achievement or content standards the following: Center’s most recent evaluation report under or assessments,’’ after ‘‘the curriculum,’’; ‘‘(a) IN GENERAL.—There are authorized to section 116(d);’’; and be appropriated to administer and carry out (D) by striking paragraph (5); (2) in subsection (c), by striking ‘‘an ele- this title (except part E)— (E) by redesignating paragraphs (3), (4), mentary school or secondary school’’ and in- ‘‘(1) for fiscal year 2016, $337,343,000; and (6) as paragraphs (4), (5), and (7), respec- serting ‘‘early education, or in an elemen- ‘‘(2) for fiscal year 2017, $345,101,889; tively; tary school, secondary school, or institution ‘‘(3) for fiscal year 2018, $353,039,232; (F) by inserting after paragraph (2) the fol- of higher education’’. ‘‘(4) for fiscal year 2019, $361,159,135; ‘‘(5) for fiscal year 2020, $369,465,795; and lowing: SEC. 182. CONFIDENTIALITY. ‘‘(3) provides for research that addresses Section 183 (20 U.S.C. 9573) is amended— ‘‘(6) for fiscal year 2021, $376,225,846.’’; and significant questions of practice where such (1) in subsection (b)— (2) by striking subsection (b) and inserting research is lacking;’’; (A) by striking ‘‘their families, and infor- the following: ‘‘(b) RESERVATIONS.—Of the amounts ap- (G) in paragraph (5), as redesignated by mation with respect to individual schools,’’ propriated under subsection (a) for each fis- subparagraph (E), by striking ‘‘and types of and inserting ‘‘and their families’’; and cal year— children with’’ and inserting ‘‘, student sub- (B) by inserting before the period at the ‘‘(1) not less than the amount provided to groups, and types of’’; and end the following: ‘‘, and that any disclosed the National Center for Education Statistics (H) by inserting after paragraph (5), as re- information with respect to individual (as such Center was in existence on the day designated by subparagraph (E), the fol- schools not reveal such individually identifi- before the date of enactment of the lowing: able information’’; Strengthening Education through Research ‘‘(6) describes how the Special Education (2) in subsection (d)(2), by inserting ‘‘, in- Act) for fiscal year 2015 shall be provided to Research Center will use the performance cluding voluntary and uncompensated serv- the National Center for Education Statistics, management system described in section 185 ices under section 190’’ after ‘‘providing serv- as authorized under part C; and to assess and improve the activities of the ices’’; and ‘‘(2) not more than the lesser of 2 percent Center; and’’; (3) in subsection (e)(1), in the matter pre- of such appropriated amounts or $2,000,000 (3) in subsection (d)— ceding subparagraph (A), by inserting ‘‘and shall be made available to carry out section (A) in paragraph (1), by striking ‘‘Direc- Director’’ after ‘‘Secretary’’. tor’’ and inserting ‘‘Special Education Re- 116 (relating to the National Board for Edu- SEC. 183. AVAILABILITY OF DATA. cation Sciences).’’. search Commissioner’’; Section 184 (20 U.S.C. 9574) is amended by (B) by striking paragraph (3) and inserting striking ‘‘use of the Internet’’ and inserting PART G—TECHNICAL AND CONFORMING the following: ‘‘electronic means, such as posting in an eas- AMENDMENTS ‘‘(3) APPLICATIONS.— ily accessible manner on the Institute’s SEC. 191. TECHNICAL AND CONFORMING AMEND- ‘‘(A) IN GENERAL.—An eligible applicant website’’. MENTS TO OTHER LAWS. that wishes to receive a grant, or enter into SEC. 184. PERFORMANCE MANAGEMENT. (a) CARL D. PERKINS CAREER AND TECH- a contract or cooperative agreement, under Section 185 (20 U.S.C. 9575) is amended to NICAL EDUCATION ACT OF 2006.—Section 3(25) this section shall submit an application to read as follows: of the Carl D. Perkins Career and Technical the Special Education Research Commis- ‘‘SEC. 185. PERFORMANCE MANAGEMENT. Education Act of 2006 (20 U.S.C. 2302(25)) is sioner at such time, in such manner, and ‘‘The Director shall establish a system for amended by striking ‘‘using scientifically containing such information as the Special managing the performance of all activities based research standards, as defined in sec- Education Research Commissioner may re- authorized under this title to promote con- tion 102’’ and inserting ‘‘in accordance with quire. tinuous improvement of the activities and to the principles of scientific research, as de- ‘‘(B) CONTENTS.—An application submitted ensure the effective use of Federal funds by— fined in section 102’’. under subparagraph (A) shall describe how ‘‘(1) developing and using measurable per- (b) ELEMENTARY AND SECONDARY EDUCATION the eligible applicant will address and dem- formance indicators, including timelines, to ACT OF 1965.—Section 9529(b) of the Elemen- onstrate progress on the requirements of the evaluate and improve the effectiveness of the tary and Secondary Education Act of 1965 (20 performance management system described activities; U.S.C. 7909(b)) is amended by striking ‘‘sec- in section 185, with respect to the activities ‘‘(2) using the performance indicators de- tion 153(a)(5)’’ and inserting ‘‘section that will be carried out under such grant, scribed in paragraph (1) to inform funding 153(a)(6)’’. (c) INDIVIDUALS WITH DISABILITIES EDU- contract, or cooperative agreement.’’; and decisions, including the awarding and con- CATION ACT.—Section 681(a)(1) of the Individ- (C) by adding at the end the following: tinuation of all grants, contracts, and coop- uals with Disabilities Education Act (20 ‘‘(4) DURATION.—Notwithstanding any erative agreements under this title; U.S.C. 1481(a)(1)) is amended by striking other provision of law, the grants, contracts, ‘‘(3) establishing and improving formal ‘‘section 178(c)’’ and inserting ‘‘section and cooperative agreements under this sec- feedback mechanisms to— 177(c)’’. tion may be awarded or entered into, on a ‘‘(A) anticipate and meet stakeholder competitive basis, for a period of not more needs; and TITLE II—EDUCATIONAL TECHNICAL than 5 years, and may be renewed at the dis- ‘‘(B) incorporate, on an ongoing basis, the ASSISTANCE cretion of the Special Education Research feedback of such stakeholders into the ac- SEC. 201. REFERENCES. Commissioner for an additional period of not tivities authorized under this title; and Except as otherwise expressly provided, more than 2 years if the recipient dem- ‘‘(4) promoting the wide dissemination and whenever in this title an amendment or re- onstrates progress on the requirements of utilization, consistent with section 114(j), of peal is expressed in terms of an amendment the performance management system de- all information, products, and publications to, or repeal of, a section or other provision, scribed in section 185, with respect to the ac- of the Institute.’’. the reference shall be considered to be made tivities carried out under the grant, con- SEC. 185. AUTHORITY TO PUBLISH. to a section or other provision of the Edu- tract, or cooperative agreement received or Section 186(b) (20 U.S.C. 9576(b)) is amended cational Technical Assistance Act of 2002 (20 entered into under this section.’’; by striking ‘‘any information to be published U.S.C. 9601 et seq.). (4) by striking subsection (e) and inserting under this section before publication’’ and SEC. 202. DEFINITIONS. the following: inserting ‘‘any publication under this section Section 202 (20 U.S.C. 9601) is amended— ‘‘(e) DISSEMINATION.—The Special Edu- before the public release of such publica- (1) by redesignating paragraph (2) as para- cation Research Center shall synthesize and, tion’’. graph (3); and consistent with section 114(j), widely dis- SEC. 186. REPEALS. (2) by inserting after paragraph (1) the fol- seminate and promote utilization of the find- (a) REPEALS.—Sections 187 (20 U.S.C. 9577) lowing: ings and results of special education research and 193 (20 U.S.C. 9583) are repealed. ‘‘(2) SCHOOL LEADER.—The term ‘school conducted or supported by the Special Edu- (b) CONFORMING AMENDMENTS.—The table leader’ has the meaning given the term in cation Research Center.’’; and of contents in section 1 of the Act of Novem- section 102.’’.

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.024 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8825 SEC. 203. COMPREHENSIVE CENTERS. ‘‘(A) by making widely available informa- before the date of enactment of such Act, for Section 203 (20 U.S.C. 9602) is amended— tion and technical assistance relating to the the duration of those awards, in accordance (1) by striking subsection (a) and inserting competition, actively encourage eligible ap- with the terms and agreements of such the following: plicants to compete for such awards; and awards. ‘‘(a) AUTHORIZATION.— ‘‘(B) seek input from chief executive offi- ‘‘(B) RECOMPETITION.—Not later than the ‘‘(1) IN GENERAL.—Subject to paragraph (3) cers of States, chief State school officers, end of the period of the awards described in and except as provided in subsection (b)(5), educators, parents, superintendents, and subparagraph (A), the Secretary shall— the Secretary shall award 17 grants, con- other individuals with knowledge of the ‘‘(i) hold a competition to make grants, tracts, or cooperative agreements to eligible needs of the regions to be served by the contracts, or cooperative agreements under applicants to establish comprehensive cen- awards, regarding— this section to eligible applicants, which ters. ‘‘(i) the needs in the regions for technical may include eligible applicants that held ‘‘(2) MISSION.—The mission of the com- assistance authorized under this title; and awards described in subparagraph (A); and prehensive centers is to provide State edu- ‘‘(ii) how such needs may be addressed ‘‘(ii) in determining whether to select an cational agencies and local educational most effectively. eligible applicant that held an award de- agencies technical assistance, analysis, and ‘‘(3) PERFORMANCE MANAGEMENT.—Before scribed in subparagraph (A) for an award training to build their capacity in imple- awarding a grant, contract, or cooperative under clause (i) of this subparagraph, con- menting the requirements of the Elementary agreement under this section, the Secretary sider the results of the summative evalua- and Secondary Education Act of 1965 (20 shall establish measurable performance indi- tion under section 204(b) of the center estab- U.S.C. 6301 et seq.) and other Federal edu- cators to be used to assess the ongoing lished with the eligible applicant’s award de- cation laws, and research-based practices. progress and performance of the comprehen- scribed in subparagraph (A). ‘‘(3) REGIONS.—In awarding grants, con- sive centers to be established under this title ‘‘(7) ELIGIBLE APPLICANT DEFINED.—For tracts, or cooperative agreements under that address paragraphs (1) through (3) of the purposes of this section, the term ‘eligible paragraph (1), the Secretary— performance management system described applicant’ means an entity described in para- ‘‘(A) shall establish at least one com- in section 185. graph (1).’’; prehensive center for each of the 10 geo- ‘‘(4) REQUIRED CONSIDERATION.—In deter- (3) by striking subsection (c) and inserting graphic regions served by the regional edu- mining whether to award or enter into a the following: cational laboratories established under sec- grant, contract, or cooperative agreement tion 941(h) of the Educational Research, De- under this section— ‘‘(c) APPLICATIONS.— velopment, Dissemination, and Improvement ‘‘(A) to an eligible applicant that pre- ‘‘(1) SUBMISSION.— Act of 1994 (20 U.S.C. 6041(h)) (as such provi- viously established a comprehensive center ‘‘(A) IN GENERAL.—Each eligible applicant sion existed on the day before the date of en- under this section, the Secretary shall— seeking a grant, contract, or cooperative actment of this Act); ‘‘(i) consider the results of such center’s agreement under this section shall submit an ‘‘(B) may establish additional comprehen- summative evaluation under section 204(b) application at such time, in such manner, sive centers— or, if not available, any interim evaluation and containing such additional information ‘‘(i) for one or more of the regions de- results under section 204(c); and as the Secretary may reasonably require. scribed in subparagraph (A); or ‘‘(ii) ensure that only centers determined ‘‘(B) INPUT.—To ensure that applications ‘‘(ii) to serve the Nation as a whole by pro- effective in the centers’ relevant interim or submitted under this paragraph are reflec- viding technical assistance on a particular summative evaluations, as described in sec- tive of the needs of the regions to be served, content area of importance to the Nation, as tion 204, are eligible to receive a new grant, each eligible applicant submitting such an determined by the Secretary; and contract, or cooperative agreement; and application shall seek input from— ‘‘(C) may make such arrangements as the ‘‘(B) to any eligible applicant, the Sec- ‘‘(i) State educational agencies and local Secretary determines necessary to ensure retary shall ensure that such applicant has— educational agencies in the region that the that the Bureau of Indian Education and ‘‘(i) a history of effectiveness in providing award will serve; and States or local educational agencies serving high-quality technical assistance; and ‘‘(ii) other individuals with knowledge of significant numbers of American Indian, ‘‘(ii) the capacity to meet the measurable the region’s needs. Alaska Native, or Native Hawaiian students performance indicators established under ‘‘(2) PLAN.— have access to services provided under this paragraph (3). ‘‘(A) IN GENERAL.—Each application sub- section. ‘‘(5) FLEXIBILITY IN COMPREHENSIVE CENTER mitted under paragraph (1) shall contain a ‘‘(4) NATION.—In the case of a comprehen- NUMBER.— plan for the comprehensive center to be es- sive center established to serve the Nation as ‘‘(A) DETERMINATION.—The Secretary, in tablished under this section, which shall be described in paragraph (3)(B)(ii), the Nation consultation with the comprehensive center updated, modified, and improved, as appro- shall be considered to be a region served by advisory boards described in subsection (f), priate, on an ongoing basis, including by such Center. may determine that establishing 17 com- using the results of the center’s interim ‘‘(5) AWARD PERIOD.—A grant, contract, or prehensive centers under this section is un- evaluation under section 204(c). cooperative agreement under this section necessary, as required in subsection (a)(1), ‘‘(B) CONTENTS.—A plan described in sub- may be awarded, on a competitive basis, for and grant an alternative number of awards paragraph (A) shall address— a period of not more than 5 years. or reorganize such centers, which may in- ‘‘(i) the priorities for technical assistance ‘‘(6) RESPONSIVENESS.—The Secretary shall clude organizing the centers around content established under section 207; ensure that each comprehensive center es- area instead of by the regions described in ‘‘(ii) the needs of State educational agen- tablished under this section has the ability subsection (a)(3), if— cies and local educational agencies, on an to respond in a timely fashion to the needs of ‘‘(i) an insufficient number of such com- ongoing basis, using available State and State educational agencies and local edu- prehensive centers are meeting the needs of local data, including how the needs of cational agencies, including through using the regions described in paragraphs (3) and schools identified for improvement and the results of the center’s interim evaluation (4) of subsection (a), as determined by the schools and local educational agencies with under section 204(c), to improve and modify Secretary; a high percentage or number of low-income the activities of the center before the end of ‘‘(ii) an insufficient number of such com- students will be prioritized and served; and the award period.’’; prehensive centers are meeting the measur- ‘‘(iii) if available, demonstrated support (2) in subsection (b)— able performance indicators established from State educational agencies and local (A) in paragraph (1)— under paragraph (3), as determined by the educational agencies, such as letters of sup- (i) by inserting ‘‘, contracts, or cooperative Secretary and the most recent interim or port or signed memoranda of understanding. agreements’’ after ‘‘Grants’’; summative evaluation under section 204; or ‘‘(3) NON-FEDERAL SUPPORT.—In conducting (ii) by striking ‘‘research organizations, in- ‘‘(iii) an insufficient number of eligible ap- a competition for grants, contracts, or coop- stitutions, agencies, institutions of higher plicants have the capacity to meet the meas- erative agreements under subsection (a), the education,’’ and inserting ‘‘public or private, urable performance indicators established Secretary shall give priority to eligible ap- nonprofit or for-profit research organiza- under paragraph (3), as determined by the plicants that will provide a portion of non- tions, other organizations, or institutions of Secretary. Federal funds to maximize support for ac- higher education,’’; ‘‘(B) LIMITATION.—The Secretary shall not tivities of the comprehensive centers to be (iii) by striking ‘‘, or individuals,’’; use the determination authority described in established under this section.’’; (iv) by striking ‘‘subsection (f)’’ and insert- subparagraph (A) to establish more than 17 (4) in subsection (d), by inserting ‘‘the ing ‘‘subsection (e)’’; and comprehensive centers under this section. number of low-performing schools in the re- (v) by striking ‘‘, including regional’’ and ‘‘(6) CONTINUATION OF AWARDS.— gion,’’ after ‘‘economically disadvantaged all that follows through ‘‘107–110))’’; and ‘‘(A) CONTINUATION OF AWARDS.—The Sec- students,’’; (B) by striking paragraphs (2) and (3) and retary shall continue awards made to each (5) by striking subsections (e), (g), and (h); inserting the following: eligible applicant for the support of com- (6) by redesignating subsection (f) as sub- ‘‘(2) OUTREACH.—In conducting competi- prehensive centers established under this section (e); tions for grants, contracts, or cooperative section prior to the date of enactment of the (7) in subsection (e), as redesignated by agreements under this section, the Secretary Strengthening Education through Research paragraph (6)— shall— Act, as such awards were in effect on the day (A) in paragraph (1)—

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.024 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8826 CONGRESSIONAL RECORD — SENATE December 17, 2015 (i) in the matter preceding subparagraph the comprehensive center who have primary ‘‘(2) assess how well the center is meeting (A), by striking ‘‘support dissemination and responsibility under State law for elemen- the measurable performance indicators es- technical assistance activities by’’ and in- tary and secondary education in the State; tablished under section 203(b)(3); and serting ‘‘support State educational agencies ‘‘(iii) include representatives of local edu- ‘‘(3) consider the extent to which the cen- and local educational agencies, including cational agencies, including rural and urban ter ensures that the technical assistance of by’’; local educational agencies, that represent such center is relevant and useful to the (ii) in subparagraph (A)— the geographic diversity of the region; work of State and local practitioners and (I) in clause (i), by inserting ‘‘and other ‘‘(iv) include researchers; and policymakers. Federal education laws’’ before the semi- ‘‘(v) include not less than 1 representative ‘‘(c) INTERIM EVALUATION.—The Secretary colon; from the advisory board of a regional edu- shall ensure that each comprehensive center (II) in clause (ii)— cational laboratory in the region being established under this title is evaluated at (aa) in the matter preceding subclause (I), served by the comprehensive center. the midpoint of the period of the grant, con- by striking ‘‘and assessment tools’’ and in- ‘‘(B) ELIGIBILITY.—The membership of each tract, or cooperative agreement that estab- serting ‘‘, assessment tools, and other edu- comprehensive center advisory board may lished such center, which shall— cational strategies’’; include the following: ‘‘(1) assess how well such center is meeting (bb) in subclause (I), by striking ‘‘mathe- ‘‘(i) Representatives of institutions of the measurable performance indicators es- matics, science,’’ and inserting ‘‘mathe- higher education. tablished under section 203(b)(3); and matics and science, which may include com- ‘‘(ii) Parents. ‘‘(2) be used to improve the effectiveness of puter science or engineering,’’; and ‘‘(iii) Practicing educators, including class- such center in carrying out its plan under (cc) in subclause (III), by inserting ‘‘, in- room teachers, school leaders, administra- section 203(c)(2).’’. cluding innovative tools and methods’’ be- tors, school board members, and other local SEC. 205. EXISTING TECHNICAL ASSISTANCE fore the semicolon; and school officials. PROVIDERS. (III) by striking clause (iii) and inserting ‘‘(iv) Representatives of business. (a) REPEAL.—Section 205 (20 U.S.C. 9604) is the following: ‘‘(v) Policymakers. repealed. (b) CONFORMING AMENDMENT.—The table of ‘‘(iii) the replication and adaptation of ex- ‘‘(4) RECOMMENDATIONS.—In choosing indi- emplary practices and innovative methods viduals for membership on a comprehensive contents in section 1 of the Act of November 5, 2002 (Public Law 107–279; 116 Stat. 1940), is that have an evidence base of effectiveness; center advisory board, the comprehensive amended by striking the item relating to and’’; center shall consult with, and solicit rec- section 205. (iii) in subparagraph (B)— ommendations from, the Secretary, chief ex- (I) by inserting ‘‘, consistent with section ecutive officers of States, chief State school SEC. 206. REGIONAL ADVISORY COMMITTEES. 114(j),’’ after ‘‘disseminating’’; and officers, local educational agencies, and (a) REPEAL.—Section 206 (20 U.S.C. 9605) is repealed. (II) by striking ‘‘(as described’’ and all that other education stakeholders within the ap- (b) CONFORMING AMENDMENT.—The table of follows through ‘‘is located’’; and plicable region. (iv) by striking subparagraph (C) and in- contents in section 1 of the Act of November ‘‘(5) SPECIAL RULE.—The total number of serting the following: 5, 2002 (Public Law 107–279; 116 Stat. 1940), is members on each board who are selected amended by striking the item relating to ‘‘(C) ensuring activities carried out under under clauses (ii) and (iii) of paragraph this section are relevant and responsive to section 206. (3)(A), in the aggregate, shall exceed the the needs of the region being served.’’; and SEC. 207. PRIORITIES. total number of members who are selected (B) in paragraph (2)— Section 207 (20 U.S.C. 9606) is amended— under paragraph (3)(B), collectively. (i) by inserting ‘‘, on an ongoing basis,’’ (1) by inserting ‘‘Director and’’ before after ‘‘this section shall’’; and ‘‘(g) REPORT TO THE SECRETARY.—Each ‘‘Secretary shall establish’’; (ii) by striking ‘‘in which the center is lo- comprehensive center established under this (2) by striking ‘‘of the Education Sciences cated’’ and inserting ‘‘served by the center section shall submit to the Secretary an an- Reform Act of 2002’’; or other regional educational laboratories or nual report, at such time, in such manner, (3) by striking ‘‘of this title’’; comprehensive centers, as appropriate’’; and and containing such information as the Sec- (4) by striking ‘‘to address, taking onto ac- (8) by adding at the end the following: retary may require, which shall include the count the regional assessments conducted ‘‘(f) COMPREHENSIVE CENTER ADVISORY following: under section 206 and other’’ and inserting ‘‘, BOARD.— ‘‘(1) A summary of the center’s activities respectively, using the results of’’; and ‘‘(1) ESTABLISHMENT.—Each comprehensive and products developed during the previous (5) by striking ‘‘relevant regional’’ and all center established under this section may es- year. that follows through ‘‘Secretary deems ap- tablish an advisory board that shall support ‘‘(2) A listing of the State educational propriate’’ and inserting ‘‘relevant regional the priorities of such center. agencies, local educational agencies, and and national surveys of educational needs’’. schools the center assisted during the pre- ‘‘(2) DUTIES.—Each advisory board estab- SEC. 208. GRANT PROGRAM FOR STATEWIDE, lished under paragraph (1) shall advise the vious year. LONGITUDINAL DATA SYSTEMS. comprehensive center— ‘‘(3) Using the measurable performance in- Section 208 (20 U.S.C. 9607) is amended— ‘‘(A) concerning the activities described in dicators established under subsection (b)(3), (1) in subsection (a)— subsection (e); a description of how well the center is meet- (A) by inserting before the period at the ‘‘(B) on strategies for monitoring and ad- ing educational needs of the region served by end the following: ‘‘, the Higher Education dressing the educational needs of the region the center. Act of 1965 (20 U.S.C. 1001 et seq.), and the In- being served on an ongoing basis and, as ap- ‘‘(4) Any changes to the center’s plan under dividuals with Disabilities Education Act (20 propriate, national needs; subsection (c)(2) to improve its activities in U.S.C. 1400 et seq.)’’; and ‘‘(C) on maintaining a high standard of the remaining years of the grant, contract, (B) by adding at the end the following: quality in the performance of the center’s or cooperative agreement.’’. ‘‘State educational agencies receiving a activities, especially in meeting the measur- SEC. 204. EVALUATIONS. grant under this section may provide sub- able performance indicators established Section 204 (20 U.S.C. 9603) is amended to grants to local educational agencies to im- under subsection (b)(3); read as follows: prove the capacity of local educational agen- ‘‘(D) on carrying out the center’s duties in cies to carry out the activities authorized a manner that promotes progress toward im- ‘‘SEC. 204. EVALUATIONS. under this section.’’; proving student academic achievement; ‘‘(a) IN GENERAL.—The Secretary shall— (2) by redesignating subsections (c), (d), ‘‘(E) on the activities undertaken by re- ‘‘(1) provide for ongoing summative and in- and (e) as subsections (d), (e), and (g), respec- gional educational laboratories of the region terim evaluations described in subsections tively; being served, other regional educational lab- (b) and (c), respectively, of each of the com- (3) by inserting after subsection (b), the oratories, as appropriate, and other com- prehensive centers established under this following: prehensive centers to align the work of the title in carrying out the full range of duties ‘‘(c) PERFORMANCE MANAGEMENT.—Before laboratories and centers, reduce redundancy, of the center under this title; and awarding a grant under this section, the Sec- and increase collaboration and resource- ‘‘(2) transmit the results of such evalua- retary shall establish measurable perform- sharing in such activities; and tions, through appropriate means, to the ap- ance indicators— ‘‘(F) on joint activities, with other com- propriate congressional committees, the Di- ‘‘(1) to be used to assess the ongoing prehensive centers or regional educational rector of the Institute of Education Sciences, progress and performance of State edu- laboratories from other regions, that would and the public. cational agencies receiving a grant under meet the needs of multiple regions. ‘‘(b) SUMMATIVE EVALUATION.—The Sec- this section; and ‘‘(3) COMPOSITION.— retary shall ensure each comprehensive cen- ‘‘(2) that address paragraphs (1) through (3) ‘‘(A) IN GENERAL.—Each advisory board ter established under this title is evaluated of the performance management system de- shall— by an independent entity at the end of the scribed in section 185.’’; ‘‘(i) not exceed 25 members; period of the grant, contract, or cooperative (4) in subsection (d), as redesignated by ‘‘(ii) include the chief State school officer, agreement that established such center, paragraph (2)— or such officer’s designee, or other State offi- which shall— (A) in paragraph (1), by striking ‘‘, pro- cial, of States within the region served by ‘‘(1) be completed in a timely fashion; motes linkages across States,’’;

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(B) in paragraph (2)— ‘‘(2) SUCCEEDING REPORTS.—Every suc- (D) by striking ‘‘and’’ at the end of sub- (i) in the matter preceding subparagraph ceeding 3 years after the report is made pub- paragraph (I); (A), by inserting ‘‘supports school improve- licly available under paragraph (1), the Sec- (E) by redesignating subparagraph (J) as ment and’’ after ‘‘data that’’; retary shall prepare and make publicly subparagraph (K); (ii) in subparagraph (A), by striking ‘‘and available a report on the implementation (F) by inserting after subparagraph (I), the other reporting requirements and close and effectiveness of the activities carried out following: achievement gaps; and’’ and inserting ‘‘and by State educational agencies receiving a ‘‘(J) provide input to the Director on an- other reporting requirements, close achieve- grant under this section, including— nual budget requests for the National Assess- ment gaps, and improve teaching and school ‘‘(A) information on the requirements of ment of Educational Progress; and’’; leadership;’’; subparagraphs (A) through (C) of paragraph (G) in subparagraph (K), as redesignated by (iii) in subparagraph (B), by striking ‘‘and (1); and subparagraph (E)— close achievement gaps; and’’ and by insert- ‘‘(B) the progress, in the aggregate, State (i) by striking ‘‘plan and execute the ini- ing ‘‘, close achievement gaps, and improve educational agencies are making on the tial public release of’’; and teaching and school leadership; and’’; and measurable performance indicators estab- (ii) by inserting ‘‘release the initial’’ be- (iv) by inserting after subparagraph (B) the lished under subsection (c).’’. fore ‘‘National’’; and following: SEC. 209. AUTHORIZATION OF APPROPRIATIONS. (H) in the matter following subparagraph ‘‘(C) to align statewide, longitudinal data Section 209 (20 U.S.C. 9608) is amended to (K), as redesignated by subparagraph (E), by systems from early education through post- read as follows: striking ‘‘subparagraph (J)’’ and inserting secondary education (including pre-service ‘‘SEC. 209. AUTHORIZATION OF APPROPRIATIONS. ‘‘subparagraph (K)’’. preparation programs), and the workforce, ‘‘There are authorized to be appropriated SEC. 303. NATIONAL ASSESSMENT OF EDU- consistent with privacy protections under to carry out this title— CATIONAL PROGRESS. section 183;’’; and ‘‘(1) for fiscal year 2016, $82,984,000; Section 303 (20 U.S.C. 9622) is amended— (C) by striking paragraph (3) and inserting ‘‘(2) for fiscal year 2017, $84,892,632; (1) in subsection (a), by striking ‘‘with the the following: ‘‘(3) for fiscal year 2018, $86,845,163; advice of the Assessment Board established ‘‘(3) ensures the protection of student pri- ‘‘(4) for fiscal year 2019, $88,842,601; under section 302’’ and inserting ‘‘in a man- ner consistent with accepted professional vacy, and includes a review of how State ‘‘(5) for fiscal year 2020, $90,885,981; and standards and the policies set forth by the educational agencies, local educational agen- ‘‘(6) for fiscal year 2021, $92,548,906.’’. cies, and others that will have access to the Assessment Board under section 302(a)’’; statewide, longitudinal data systems under TITLE III—NATIONAL ASSESSMENT OF (2) in subsection (b)— this section will adhere to Federal privacy EDUCATIONAL PROGRESS (A) in paragraph (2)— laws and protections, consistent with section SEC. 301. REFERENCES. (i) in subparagraph (D), by inserting ‘‘and 183, in the building, maintenance, and use of Except as otherwise expressly provided, consistent with section 302(e)(1)(A)’’ after such data systems; whenever in this title an amendment or re- ‘‘resources allow’’; ‘‘(4) ensures State educational agencies re- peal is expressed in terms of an amendment (ii) in subparagraph (G)— ceiving a grant under this section support to, or repeal of, a section or other provision, (I) by striking ‘‘limited English pro- professional development that builds the ca- the reference shall be considered to be made ficiency’’ and inserting ‘‘English learner sta- pacity of teachers and school leaders to use to a section or other provision of the Na- tus’’; and data effectively; and tional Assessment of Educational Progress (II) by striking ‘‘and’’ at the end of sub- ‘‘(5) gives priority to State educational Authorization Act (20 U.S.C. 9621 et seq.). paragraph (G); agencies that leverage the use of statewide, SEC. 302. NATIONAL ASSESSMENT GOVERNING (iii) in subparagraph (H), by striking the longitudinal data systems to improve stu- BOARD. period at the end and inserting ‘‘; and’’; and dent achievement and growth, including Section 302 (20 U.S.C. 9621) is amended— (iv) by adding at the end the following: such State educational agencies that— (1) in subsection (a), by striking ‘‘shall for- ‘‘(I) determine, after taking into account ‘‘(A) are carrying out the activities de- mulate policy guidelines’’ and inserting section 302(e)(1)(I), the content of initial and scribed in section 153(a)(5); ‘‘shall oversee and set policies, in a manner subsequent reports of all assessments au- ‘‘(B) define the roles of State educational consistent with subsection (e) and accepted thorized under this section and ensure that agencies, local educational agencies, and professional standards,’’; such reports are valid and reliable.’’; and others in providing timely access to data (2) in subsection (b)(1)(L)— (B) in paragraph (5)(C), by striking ‘‘lim- under the statewide, longitudinal data sys- (A) by striking ‘‘principals’’ and inserting ited English proficiency’’ and inserting tems, consistent with privacy protections in ‘‘leaders’’; and ‘‘English learner status’’; section 183; and (B) by striking ‘‘principal’’ both places it (3) in subsection (c)(2)— ‘‘(C) demonstrate the capacity to share appears and inserting ‘‘leader’’; (A) in subparagraph (B), by striking ‘‘of teacher and school leader performance data, (3) in subsection (c), by striking paragraph Education’’ after ‘‘Secretary’’; and including student achievement and growth (4); (B) in subparagraph (D)— data, with local educational agencies and (4) in subsection (d)— (i) by striking ‘‘Chairman of the House’’ teacher and school leader preparation pro- (A) in paragraph (1)— before ‘‘Committee on Education’’; grams.’’; (i) in subparagraph (A), by inserting ‘‘the (ii) by inserting ‘‘of the House of Rep- (5) by inserting after subsection (e), as re- Assessment Board after consultation with’’ resentatives’’ after ‘‘Workforce’’; designated by paragraph (2), the following: before ‘‘organizations’’; and (iii) by striking ‘‘Chairman of the Senate’’ ‘‘(f) RENEWAL OF AWARDS.—The Secretary (ii) in subparagraph (B)— before ‘‘Committee on Health’’; and may renew a grant awarded to a State edu- (I) by striking ‘‘Each organization submit- (iv) by inserting ‘‘of the Senate’’ after cational agency under this section for a pe- ting nominations to the Secretary with’’ and ‘‘Pensions’’; riod not to exceed 3 years, if the State edu- inserting ‘‘With’’; and (4) in subsection (d)(1), by inserting before cational agency has demonstrated progress (II) by inserting ‘‘, the Assessment Board’’ the period, the following: ‘‘, except as re- on the measurable performance indicators after ‘‘particular vacancy’’; and quired under section 1112(b)(1)(F) of the Ele- established under subsection (c).’’; and (B) in paragraph (2)— mentary and Secondary Education Act of (6) by striking subsection (g), as redesig- (i) by striking ‘‘that each organization de- 1965 (20 U.S.C. 6312(b)(1)(F))’’; nated by paragraph (2), and inserting the fol- scribed in paragraph (1)(A) submit additional (5) in subsection (e)— lowing: nominations’’ and inserting ‘‘additional (A) in paragraph (1), by striking ‘‘or age’’; ‘‘(g) REPORTS.— nominations from the Assessment Board or and ‘‘(1) FIRST REPORT.—Not later than 1 year each organization described in paragraph (B) in paragraph (2)— after the date of enactment of the Strength- (1)(A)’’; and (i) in subparagraph (A)— ening Education through Research Act, the (ii) by striking ‘‘such organization’’ and in- (I) by striking ‘‘shall’’ and all that follows Secretary shall prepare and make publicly serting ‘‘the Assessment Board’’; and through ‘‘be’’ and insert ‘‘shall be’’; available a report on the implementation (5) in subsection (e)(1)— (II) by redesignating subclauses (I) and (II) and effectiveness of the activities carried out (A) in subparagraph (A)— as clauses (i) and (ii), respectively (and by by State educational agencies receiving a (i) by inserting ‘‘in consultation with the moving the margins 2 ems to the left); and grant under this section, including— Commissioner for Education Statistics,’’ be- (III) in clause (ii), as redesignated by sub- ‘‘(A) information on progress in the devel- fore ‘‘select’’; clause (II), by striking ‘‘, or the age of the opment and use of statewide, longitudinal (ii) by inserting ‘‘and grades or ages’’ be- students, as the case may be’’; data systems described in this section; fore ‘‘to be’’; and (ii) in subparagraph (B)— ‘‘(B) information on best practices and (iii) by inserting ‘‘, and determine the year (I) by striking ‘‘After the determinations areas for improvement in such development in which such assessments will be con- described in subparagraph (A), devising’’ and and use; and ducted’’ after ‘‘assessed’’; inserting ‘‘The Assessment Board shall, in ‘‘(C) how the State educational agencies (B) in subparagraph (D), by inserting making the determination described in sub- are adhering to Federal privacy laws and ‘‘school leaders,’’ after ‘‘teachers,’’; paragraph (A), use’’; and protections in the building, maintenance, (C) in subparagraph (E), by striking ‘‘de- (II) by inserting ‘‘, providing for the active and use of such data systems. sign’’ and inserting ‘‘provide input on’’; participation of teachers, school leaders,

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curriculum specialists, local school adminis- (b) FLEXIBLE AUTHORITY.— (4) CONSOLIDATION.—The Secretary of Edu- trators, parents, and concerned members of (1) RESERVATION.—Notwithstanding any cation, in consultation with the Director of the general public’’ after ‘‘approach’’; and other provision of law in the Elementary and the Institute of Education Sciences— (iii) in subparagraph (D), by inserting ‘‘As- Secondary Education Act of 1965 (20 U.S.C. (A) may consolidate the funds reserved sessment’’ before ‘‘Board’’; and 6301 et seq.) related to evaluation, the Sec- under paragraph (1) for purposes of carrying (6) in subsection (g)(2)— retary of Education, in consultation with the out the activities under paragraph (2)(B); and (A) in the heading, by striking ‘‘AFFAIRS’’ Director of the Institute of Education (B) shall not be required to evaluate under and inserting ‘‘EDUCATION’’; and Sciences— paragraph (2)(B)(i) each program authorized (B) by striking ‘‘Affairs’’ and inserting (A) may, for purposes of carrying out the under the Elementary and Secondary Edu- ‘‘Education’’. activities described in paragraph (2)(B)— cation Act of 1965 (20 U.S.C. 6301 et seq.) each SEC. 304. DEFINITIONS. (i) reserve not more than 0.5 percent of the year. Section 304 (20 U.S.C. 9623) is amended by total amount of funds appropriated for each (c) EVALUATION PLAN.—The Director of the striking paragraphs (1) and (2) and inserting program authorized under the Elementary Institute of Education Sciences, in consulta- the following: and Secondary Education Act of 1965 (20 tion with the Secretary of Education, shall, ‘‘(1) IN GENERAL.—The terms ‘elementary U.S.C. 6301 et seq.), other than part A of title on a biennial basis, develop, submit to Con- school’, ‘local educational agency’, and ‘sec- I of such Act (20 U.S.C. 6311 et seq.) and sec- gress, and make publicly available an eval- ondary school’ have the meanings given tion 1501 of such Act (20 U.S.C. 6491); and uation plan, that— those terms in section 9101 of the Elemen- (ii) reserve, in the manner described in sub- (1) describes the specific activities that tary and Secondary Education Act of 1965 (20 paragraph (B), an amount equal to not more will be carried out under subsection (b)(2)(B) U.S.C. 7801). than 0.1 percent of the total amount of funds for the 2-year period applicable to the plan, ‘‘(2) DIRECTOR.—The term ‘Director’ means appropriated for— and the timelines of such activities; the Director of the Institute of Education (I) part A of title I of the Elementary and (2) contains the results of the activities Sciences. Secondary Education Act of 1965 (20 U.S.C. carried out under subsection (b)(2)(B) for the ‘‘(3) SCHOOL LEADER.—The term ‘school 6311 et seq.); and most recent 2-year period; and leader’ has the meaning given the term in (II) section 1501 of such Act (20 U.S.C. 6491); (3) describes how programs authorized section 102. and under the Elementary and Secondary Edu- ‘‘(4) SECRETARY.—The term ‘Secretary’ (B) in reserving the amount described in cation Act of 1965 (20 U.S.C. 6301 et seq.) will means the Secretary of Education. subparagraph (A)(ii)— be regularly evaluated. (i) shall reserve not more than the total ‘‘(5) STATE.—The term ‘State’ means each (d) RULE OF CONSTRUCTION.—Nothing in of the 50 States, the District of Columbia, amount of funds appropriated for section 1501 this section shall be construed to affect sec- and the Commonwealth of Puerto Rico.’’. of the Elementary and Secondary Education tion 173(b) of the Education Sciences Reform Act of 1965 (20 U.S.C. 6491); and SEC. 305. AUTHORIZATION OF APPROPRIATIONS. Act of 2002 (20 U.S.C. 9563(b)), as amended by (ii) may, in a case in which the total Section 305(a) (20 U.S.C. 9624(a)) is amended this Act. amount of funds appropriated for such sec- to read as follows: tion 1501 (20 U.S.C. 6491) is less than the Mr. MCCONNELL (for Mr. ‘‘(a) IN GENERAL.—There are authorized to SA 2934. be appropriated— amount described in subparagraph (A)(ii), re- KIRK) proposed an amendment to the ‘‘(1) for fiscal year 2016— serve the amount of funds appropriated for resolution S. Res. 148, condemning the ‘‘(A) $8,235,000 to carry out section 302 (re- part A of title I of the Elementary and Sec- Government of Iran’s state-sponsored lating to the National Assessment Governing ondary Education Act of 1965 (20 U.S.C. 6311 persecution of its Baha’i minority and Board); and et seq.) that is needed for the sum of the total amount of funds appropriated for such its continued violation of the Inter- ‘‘(B) $129,000,000 to carry out section 303 section 1501 (20 U.S.C. 6491) and such amount national Covenants on Human Rights; (relating to the National Assessment of Edu- of funds appropriated for such part A of title as follows: cational Progress); I (20 U.S.C. 6311 et seq.) to equal the amount On page 5, line 8, strike ‘‘12’’ and insert ‘‘(2) for fiscal year 2017— described in subparagraph (A)(ii). ‘‘9’’. ‘‘(A) $8,424,405 to carry out section 302 (re- (2) AUTHORIZED ACTIVITIES.—If funds are re- lating to the National Assessment Governing served under paragraph (1)— SA 2935. Mr. MCCONNELL (for Mr. Board); and (A) neither the Secretary of Education nor KIRK) proposed an amendment to the ‘‘(B) $131,967,000 to carry out section 303 the Director of the Institute of Education resolution S. Res. 148, condemning the (relating to the National Assessment of Edu- Sciences shall— cational Progress); Government of Iran’s state-sponsored (i) carry out evaluations under section 1501 persecution of its Baha’i minority and ‘‘(3) for fiscal year 2018— of the Elementary and Secondary Education ‘‘(A) $8,618,166 to carry out section 302 (re- Act of 1965 (20 U.S.C. 6491); or its continued violation of the Inter- lating to the National Assessment Governing (ii) reserve funds for evaluation activities national Covenants on Human Rights; Board); and under section 3111(c)(1)(C) of such Act (20 as follows: ‘‘(B) $135,002,241 to carry out section 303 U.S.C. 6821(c)(1)(C)); and In the tenth whereas clause of the pre- (relating to the National Assessment of Edu- (B) the Secretary of Education, in con- amble, strike ‘‘12’’ and insert ‘‘9’’. cational Progress); sultation with the Director of the Institute In the thirteenth whereas clause of the ‘‘(4) for fiscal year 2019— of Education Sciences— preamble, strike ‘‘100’’ and insert ‘‘71’’. ‘‘(A) $8,816,384 to carry out section 302 (re- (i) shall use the funds reserved under para- lating to the National Assessment Governing graph (1) to carry out high-quality evalua- SA 2936. Mr. MCCONNELL (for Mr. Board); and tions (consistent with the requirements of CORKER (for himself and Mr. SHELBY)) ‘‘(B) $138,107,293 to carry out section 303 section 173(a) of the Education Sciences Re- proposed an amendment to the bill (relating to the National Assessment of Edu- form Act of 2002 (20 U.S.C. 9563(a)), as amend- H.R. 515, to protect children and others cational Progress); ed by this Act, and the evaluation plan de- ‘‘(5) for fiscal year 2020— from sexual abuse and exploitation, in- scribed in subsection (c) of this section) of cluding sex trafficking and sex tour- ‘‘(A) $9,019,161 to carry out section 302 (re- programs authorized under the Elementary lating to the National Assessment Governing and Secondary Education Act of 1965 (20 ism, by providing advance notice of in- Board); and U.S.C. 6301 et seq.); and tended travel by registered sex offend- ‘‘(B) $141,283,760 to carry out section 303 (ii) may use the funds reserved under para- ers outside the United States to the (relating to the National Assessment of Edu- graph (1) to— government of the country of destina- cational Progress); and (I) increase the usefulness of the evalua- tion, requesting foreign governments ‘‘(6) for fiscal year 2021— tions conducted under clause (i) to promote to notify the United States when a ‘‘(A) $9,184,183 to carry out section 302 (re- continuous improvement of programs under lating to the National Assessment Governing known sex offender is seeking to enter the Elementary and Secondary Education the United States, and for other pur- Board); and Act of 1965 (20 U.S.C. 6301 et seq.); or ‘‘(B) $143,868,805 to carry out section 303 (II) assist grantees of such programs in col- poses; as follows: (relating to the National Assessment of Edu- lecting and analyzing data and other activi- On page 42, strike lines 13 through 17 and cational Progress).’’. ties related to conducting high-quality eval- insert the following: TITLE IV—EVALUATION PLAN uations under clause (i). SEC. 11. AUTHORIZATION OF APPROPRIATIONS. SEC. 401. RESEARCH AND EVALUATION. (3) DISSEMINATION.—The Secretary of Edu- There are authorized to be appropriated to (a) IN GENERAL.—The Institute of Edu- cation or the Director of the Institute of carry out this Act $6,000,000 for each of fiscal cation Sciences shall be the primary entity Education Sciences shall disseminate eval- years 2017 and 2018. for conducting research on and evaluations uation findings, consistent with section of Federal education programs within the 114(j) of the Education Sciences Reform Act SA 2937. Mr. MCCONNELL (for Mr. Department of Education to ensure the rigor of 2002 (20 U.S.C. 9514(j)), as amended by this CARDIN) proposed an amendment to the and independence of such research and eval- Act, of evaluations carried out under para- bill S. 284, to impose sanctions with re- uation. graph (2)(B)(i). spect to foreign persons responsible for

VerDate Sep 11 2014 06:32 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.024 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8829 gross violations of internationally rec- (B) INAPPLICABILITY OF NATIONAL EMER- (2) the person has been prosecuted appro- ognized human rights, and for other GENCY REQUIREMENT.—The requirements of priately for the activity for which sanctions purposes; as follows: section 202 of the International Emergency were imposed; Economic Powers Act (50 U.S.C. 1701) shall (3) the person has credibly demonstrated a Strike all after the enacting clause and in- not apply for purposes of this section. significant change in behavior, has paid an sert the following: (C) EXCEPTION RELATING TO IMPORTATION OF appropriate consequence for the activity for SECTION 1. SHORT TITLE. GOODS.— which sanctions were imposed, and has This Act may be cited as the ‘‘Global (i) IN GENERAL.—The authority to block credibly committed to not engage in an ac- Magnitsky Human Rights Accountability and prohibit all transactions in all property tivity described in subsection (a) in the fu- Act’’. and interests in property under subpara- ture; or SEC. 2. DEFINITIONS. graph (A) shall not include the authority to (4) the termination of the sanctions is in In this Act: impose sanctions on the importation of the vital national security interests of the (1) FOREIGN PERSON.—The term ‘‘foreign goods. United States. person’’ means a person that is not a United (ii) GOOD.—In this subparagraph, the term (h) REGULATORY AUTHORITY.—The Presi- States person. ‘‘good’’ has the meaning given that term in dent shall issue such regulations, licenses, (2) PERSON.—The term ‘‘person’’ means an section 16 of the Export Administration Act and orders as are necessary to carry out this individual or entity. of 1979 (50 U.S.C. App. 2415) (as continued in section. (3) UNITED STATES PERSON.—The term effect pursuant to the International Emer- (i) IDENTIFICATION OF SANCTIONABLE FOR- ‘‘United States person’’ means— gency Economic Powers Act (50 U.S.C. 1701 EIGN PERSONS.—The Assistant Secretary of (A) a United States citizen or an alien law- et seq.)). State for Democracy, Human Rights, and fully admitted for permanent residence to Labor, in consultation with the Assistant (c) CONSIDERATION OF CERTAIN INFORMATION the United States; or Secretary of State for Consular Affairs and IN IMPOSING SANCTIONS.—In determining (B) an entity organized under the laws of whether to impose sanctions under sub- other bureaus of the Department of State, as the United States or of any jurisdiction section (a), the President shall consider— appropriate, is authorized to submit to the within the United States, including a foreign Secretary of State, for review and consider- (1) information provided by the chair- branch of such an entity. ation, the names of foreign persons who may person and ranking member of each of the SEC. 3. AUTHORIZATION OF IMPOSITION OF meet the criteria described in subsection (a). appropriate congressional committees; and SANCTIONS. (j) APPROPRIATE CONGRESSIONAL COMMIT- (2) credible information obtained by other (a) IN GENERAL.—The President may im- TEES DEFINED.—In this section, the term pose the sanctions described in subsection (b) countries and nongovernmental organiza- ‘‘appropriate congressional committees’’ with respect to any foreign person the Presi- tions that monitor violations of human means— dent determines, based on credible evi- rights. (1) the Committee on Banking, Housing, dence— (d) REQUESTS BY CHAIRPERSON AND RANKING and Urban Affairs and the Committee on (1) is responsible for extrajudicial killings, MEMBER OF APPROPRIATE CONGRESSIONAL Foreign Relations of the Senate; and torture, or other gross violations of inter- COMMITTEES.—Not later than 120 days after (2) the Committee on Financial Services nationally recognized human rights com- receiving a written request from the chair- and the Committee on Foreign Affairs of the mitted against individuals in any foreign person and ranking member of one of the ap- House of Representatives. propriate congressional committees with re- country who seek— SEC. 4. REPORTS TO CONGRESS. spect to whether a foreign person has en- (A) to expose illegal activity carried out by (a) IN GENERAL.—The President shall sub- government officials; or gaged in an activity described in subsection mit to the appropriate congressional com- (B) to obtain, exercise, defend, or promote (a), the President shall— mittees, in accordance with subsection (b), a internationally recognized human rights and (1) determine if that person has engaged in report that includes— freedoms, such as the freedoms of religion, such an activity; and (1) a list of each foreign person with re- expression, association, and assembly, and (2) submit a report to the chairperson and spect to which the President imposed sanc- the rights to a fair trial and democratic elec- ranking member of that committee with re- tions pursuant to section 3 during the year tions; spect to that determination that includes— preceding the submission of the report; (2) acted as an agent of or on behalf of a (A) a statement of whether or not the (2) a description of the type of sanctions foreign person in a matter relating to an ac- President imposed or intends to impose sanc- imposed with respect to each such person; tivity described in paragraph (1); tions with respect to the person; and (3) the number of foreign persons with re- (3) is a government official, or a senior as- (B) if the President imposed or intends to spect to which the President— sociate of such an official, that is responsible impose sanctions, a description of those (A) imposed sanctions under section 3(a) for, or complicit in, ordering, controlling, or sanctions. during that year; and otherwise directing, acts of significant cor- (e) EXCEPTION TO COMPLY WITH UNITED NA- (B) terminated sanctions under section 3(g) ruption, including the expropriation of pri- TIONS HEADQUARTERS AGREEMENT AND LAW during that year; vate or public assets for personal gain, cor- ENFORCEMENT OBJECTIVES.—Sanctions under (4) the dates on which such sanctions were ruption related to government contracts or subsection (b)(1) shall not apply to an indi- imposed or terminated, as the case may be; the extraction of natural resources, bribery, vidual if admitting the individual into the (5) the reasons for imposing or terminating or the facilitation or transfer of the proceeds United States would further important law such sanctions; and of corruption to foreign jurisdictions; or enforcement objectives or is necessary to (6) a description of the efforts of the Presi- (4) has materially assisted, sponsored, or permit the United States to comply with the dent to encourage the governments of other provided financial, material, or techno- Agreement regarding the Headquarters of countries to impose sanctions that are simi- logical support for, or goods or services in the United Nations, signed at Lake Success lar to the sanctions authorized by section 3. support of, an activity described in para- June 26, 1947, and entered into force Novem- (b) DATES FOR SUBMISSION.— graph (3). ber 21, 1947, between the United Nations and (1) INITIAL REPORT.—The President shall (b) SANCTIONS DESCRIBED.—The sanctions the United States, or other applicable inter- submit the initial report under subsection described in this subsection are the fol- national obligations of the United States. (a) not later than 120 days after the date of lowing: (f) ENFORCEMENT OF BLOCKING OF PROP- the enactment of this Act. (1) INADMISSIBILITY TO UNITED STATES.—In ERTY.—A person that violates, attempts to (2) SUBSEQUENT REPORTS.— the case of a foreign person who is an indi- violate, conspires to violate, or causes a vio- (A) IN GENERAL.—The President shall sub- vidual— lation of subsection (b)(2) or any regulation, mit a subsequent report under subsection (a) (A) ineligibility to receive a visa to enter license, or order issued to carry out sub- on December 10, or the first day thereafter the United States or to be admitted to the section (b)(2) shall be subject to the pen- on which both Houses of Congress are in ses- United States; or alties set forth in subsections (b) and (c) of sion, of— (B) if the individual has been issued a visa section 206 of the International Emergency (i) the calendar year in which the initial or other documentation, revocation, in ac- Economic Powers Act (50 U.S.C. 1705) to the report is submitted if the initial report is cordance with section 221(i) of the Immigra- same extent as a person that commits an un- submitted before December 10 of that cal- tion and Nationality Act (8 U.S.C. 1201(i)), of lawful act described in subsection (a) of that endar year; and the visa or other documentation. section. (ii) each calendar year thereafter. (2) BLOCKING OF PROPERTY.— (g) TERMINATION OF SANCTIONS.—The Presi- (B) CONGRESSIONAL STATEMENT.—Congress (A) IN GENERAL.—The blocking, in accord- dent may terminate the application of sanc- notes that December 10 of each calendar year ance with the International Emergency Eco- tions under this section with respect to a has been recognized in the United States and nomic Powers Act (50 U.S.C. 1701 et seq.), of person if the President determines and re- internationally since 1950 as ‘‘Human Rights all transactions in all property and interests ports to the appropriate congressional com- Day’’. in property of a foreign person if such prop- mittees not later than 15 days before the ter- (c) FORM OF REPORT.— erty and interests in property are in the mination of the sanctions that— (1) IN GENERAL.—Each report required by United States, come within the United (1) credible information exists that the per- subsection (a) shall be submitted in unclassi- States, or are or come within the possession son did not engage in the activity for which fied form, but may include a classified or control of a United States person. sanctions were imposed; annex.

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.025 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8830 CONGRESSIONAL RECORD — SENATE December 17, 2015 (2) EXCEPTION.—The name of a foreign per- ized to meet during the session of the The PRESIDING OFFICER. The son to be included in the list required by sub- Senate on December 17, 2015, at 2:30 clerk will report the concurrent resolu- section (a)(1) may be submitted in the classi- p.m. tion by title. fied annex authorized by paragraph (1) only The PRESIDING OFFICER. Without The senior assistant legislative clerk if the President— read as follows: (A) determines that it is vital for the na- objection, it is so ordered. A concurrent resolution (H. Con. Res. 102) tional security interests of the United States f to do so; providing for a joint session of Congress to (B) uses the annex in a manner consistent NOMINATIONS DISCHARGED receive a message from the President. with congressional intent and the purposes Mr. MCCONNELL. Mr. President, as There being no objection, the Senate of this Act; and in executive session, I ask unanimous proceeded to consider the concurrent (C) not later than 15 days before submit- consent that the Homeland Security resolution. ting the name in a classified annex, provides Mr. MCCONNELL. Mr. President, I to the appropriate congressional committees and Governmental Affairs Committee be discharged and the Senate proceed ask unanimous consent that the con- notice of, and a justification for, including current resolution be agreed to and the the name in the classified annex despite any to the consideration of the following publicly available credible information indi- nominations en bloc: PN645 and PN424. motion to reconsider be laid upon the cating that the person engaged in an activity The PRESIDING OFFICER. Without table with no intervening action or de- described in section 3(a). objection, it is so ordered. bate. (d) PUBLIC AVAILABILITY.— The PRESIDING OFFICER. Without (1) IN GENERAL.—The unclassified portion f objection, it is so ordered. of the report required by subsection (a) shall EXECUTIVE SESSION The concurrent resolution (H. Con. be made available to the public, including Res. 102) was agreed to. through publication in the Federal Register. f (2) NONAPPLICABILITY OF CONFIDENTIALITY REQUIREMENT WITH RESPECT TO VISA PRESIDENTIAL NOMINATIONS CONVENING OF THE SECOND SES- RECORDS.—The President shall publish the The PRESIDING OFFICER. The Sen- SION OF THE ONE HUNDRED list required by subsection (a)(1) without re- ate will proceed now to executive ses- FOURTEENTH CONGRESS gard to the requirements of section 222(f) of sion to consider the following nomina- the Immigration and Nationality Act (8 Mr. MCCONNELL. Mr. President, I U.S.C. 1202(f)) with respect to confidentiality tions, which the clerk will report en ask unanimous consent that the Sen- of records pertaining to the issuance or re- bloc. ate proceed to the immediate consider- fusal of visas or permits to enter the United The senior assistant legislative clerk ation of H.J. Res. 76, which was re- States. read the nominations of Darlene ceived from the House. (e) APPROPRIATE CONGRESSIONAL COMMIT- Michele Soltys, of the District of Co- The PRESIDING OFFICER. The TEES DEFINED.—In this section, the term lumbia, to be an Associate Judge of the clerk will report the joint resolution ‘‘appropriate congressional committees’’ Superior Court of the District of Co- by title. means— lumbia for the term of fifteen years; The senior assistant legislative clerk (1) the Committee on Appropriations, the Committee on Banking, Housing, and Urban and Robert A. Salerno, of the District read as follows: Affairs, the Committee on Foreign Rela- of Columbia, to be an Associate Judge A joint resolution (H.J. Res. 76) appointing tions, and the Committee on the Judiciary of of the Superior Court of the District of the day for the convening of the second ses- the Senate; and Columbia for the term of fifteen years. sion of the One Hundred Fourteenth Con- (2) the Committee on Appropriations, the Thereupon, the Senate proceeded to gress. Committee on Financial Services, the Com- consider the nominations en bloc. There being no objection, the Senate mittee on Foreign Affairs, and the Com- Mr. MCCONNELL. Mr. President, I proceeded to consider the joint resolu- mittee on the Judiciary of the House of Rep- ask unanimous consent that the Sen- tion. resentatives. ate vote en bloc without intervening Mr. MCCONNELL. Mr. President, I f action or debate on the nominations in ask unanimous consent that the joint NOTICES OF INTENT TO OBJECT the order listed; that following disposi- resolution be read a third time and TO PROCEEDING tion of the nominations, the motion to passed, the motion to reconsider be considered made and laid upon the I, Senator CHARLES E. GRASSLEY, in- reconsider be considered made and laid table, and that any statements relating tend to object to proceeding to the upon the table with no intervening ac- tion or debate; that no further motions to the bill be printed in the RECORD. nomination of David Malcolm Robin- The PRESIDING OFFICER. Without son to be Coordinator for Reconstruc- be in order to any of the nominations; that any statements related to the objection, it is so ordered. tion and Stabilization, PN336, dated The joint resolution (H.J. Res. 76) nominations be printed in the RECORD; December 17, 2015. was ordered to a third reading, was I, Senator CHARLES E. GRASSLEY, in- that the President be immediately no- tified of the Senate’s action and the read the third time, and passed, as fol- tend to object to proceeding to the lows: nomination of David Malcolm Robin- Senate then resume legislative session. H.J. RES. 76 son to be Assistant Secretary of State The PRESIDING OFFICER. Without Resolved by the Senate and House of Rep- (Conflict and Stabilization Operations), objection, it is so ordered. If there is no further debate, the resentatives of the United States of America in PN337, dated December 17, 2015. Congress assembled, That the second regular question is, Will the Senate advise and f session of the One Hundred Fourteenth Con- consent to the Salerno and Soltys gress shall begin at noon on Monday, Janu- AUTHORITY FOR COMMITTEES TO nominations en bloc? ary 4, 2016. MEET The nominations were confirmed en f COMMITTEE ON FOREIGN RELATIONS bloc. STRENGTHENING EDUCATION Mr. THUNE. Mr. President, I ask f THROUGH RESEARCH ACT unanimous consent that the Com- mittee on Foreign Relations be author- LEGISLATIVE SESSION Mr. MCCONNELL. Mr. President, I ized to meet during the session of the The PRESIDING OFFICER. The Sen- ask unanimous consent that the Sen- Senate on December 17, 2015, at 9:30 ate will now resume legislative session. ate proceed to the immediate consider- ation of Calendar No. 13, S. 227. a.m., to conduct a hearing entitled f ‘‘The Status of JCPOA Implementation The PRESIDING OFFICER. The and Related Issues.’’ PROVIDING FOR A JOINT SESSION clerk will report the bill by title. The PRESIDING OFFICER. Without OF CONGRESS TO RECEIVE A The senior assistant legislative clerk objection, it is so ordered. MESSAGE FROM THE PRESIDENT read as follows: A bill (S. 227) to strengthen the Federal SELECT COMMITTEE ON INTELLIGENCE Mr. MCCONNELL. Mr. President, I education research system to make research Mr. THUNE. Mr. President, I ask ask unanimous consent that the Sen- and evaluations more timely and relevant to unanimous consent that the Select ate proceed to the consideration of H. State and local needs in order to increase Committee on Intelligence be author- Con. Res. 102, which is at the desk. student achievement.

VerDate Sep 11 2014 06:46 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.025 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8831 There being no objection, the Senate religious persecution by the Government of sweeping raids on the homes of dozens of in- proceeded to consider the bill. Iran of the Baha’i community and would dividuals associated with the Baha’i Insti- Mr. MCCONNELL. I ask unanimous hold the Government of Iran responsible for tute for Higher Education (BIHE) and ar- consent that the Alexander substitute upholding the rights of all Iranian nationals, rested and detained several educators associ- including members of the Baha’i Faith; ated with BIHE, and 9 BIHE educators are amendment be agreed to; the bill, as Whereas the United States Commission on now serving 4- or 5-year prison terms; amended, be read a third time and International Religious Freedom 2014 Report Whereas scores of Baha’i cemeteries have passed; and that the motion to recon- stated, ‘‘The Baha’i community, the largest been attacked, and, in April 2014, Revolu- sider be considered made and laid upon non-Muslim religious minority in Iran, long tionary Guards began excavating a Baha’i the table. has been subject to particularly severe reli- cemetery in Shiraz, which is the site of 950 The PRESIDING OFFICER. Without gious freedom violations. The government graves; objection, it is so ordered. views Baha’is, who number at least 300,000, Whereas the Baha’i International Commu- as ‘heretics’ and consequently they face re- The amendment (No. 2933) in the na- nity reported that there has been a recent pression on the grounds of apostasy.’’; surge in anti-Baha’i hate propaganda in Ira- ture of a substitute was agreed to. Whereas the United States Commission on nian state-sponsored media outlets, noting (The amendment is printed in today’s International Religious Freedom 2014 Report that, in 2010 and 2011, approximately 22 anti- RECORD under ‘‘Text of Amendments.’’) stated that ‘‘[s]ince 1979, authorities have Baha’i articles were appearing every month, The bill (S. 227), as amended, was or- killed or executed more than 200 Baha’i lead- and, in 2014, the number of anti-Baha’i arti- dered to be engrossed for a third read- ers, and more than 10,000 have been dis- cles rose to approximately 401 per month—18 ing, was read the third time, and missed from government and university times the previous level; jobs’’ and ‘‘[m]ore than 700 Baha’is have been passed. Whereas there are currently 71 Baha’is in arbitrarily arrested since 2005’’; prison in Iran; f Whereas the Department of State 2013 Whereas the Government of Iran is party International Religious Freedom Report to the International Covenants on Human CONDEMNING THE GOVERNMENT stated that the Government of Iran ‘‘pro- Rights and is in violation of its obligations OF IRAN’S STATE-SPONSORED hibits Baha’is from teaching and practicing under the Covenants; and PERSECUTION OF ITS BAHA’I MI- their faith and subjects them to many forms Whereas the Comprehensive Iran Sanc- NORITY AND ITS CONTINUED of discrimination not faced by members of tions, Accountability, and Divestment Act of VIOLATION OF THE INTER- other religious groups’’ and ‘‘since the 1979 2010 (Public Law 111–195) authorizes the Islamic Revolution, formally denies Baha’i President and the Secretary of State to im- NATIONAL COVENANTS ON students access to higher education’’; HUMAN RIGHTS pose sanctions on individuals ‘‘responsible Whereas the Department of State 2013 for or complicit in, or responsible for order- Mr. MCCONNELL. Mr. President, I International Religious Freedom Report ing, controlling, or otherwise directing, the ask unanimous consent that the Sen- stated, ‘‘The government requires Baha’is to commission of serious human rights abuses register with the police,’’ and ‘‘The govern- against citizens of Iran or their family mem- ate proceed to the immediate consider- ment raided Baha’i homes and businesses bers on or after June 12, 2009’’: Now, there- ation of Calendar No. 263, S. Res. 148. and confiscated large amounts of private and The PRESIDING OFFICER. The fore, be it commercial property, as well as religious Resolved, That the Senate— clerk will report the resolution by materials.’’; (1) condemns the Government of Iran’s title. Whereas the Department of State 2013 state-sponsored persecution of its Baha’i mi- The senior assistant legislative clerk International Religious Freedom Report nority and its continued violation of the read as follows: stated, ‘‘Baha’is are regularly denied com- International Covenants on Human Rights; pensation for injury or criminal victimiza- (2) calls on the Government of Iran to im- A resolution (S. Res. 148) condemning the tion and the right to inherit property.’’; mediately release the 7 imprisoned Baha’i Government of Iran’s state-sponsored perse- Whereas, on August 27, 2014, the United Na- leaders, the 9 imprisoned Baha’i educators, cution of its Baha’i minority and its contin- tions Special Rapporteur on the situation of and all other prisoners held solely on ac- ued violation of the International Covenants human rights in the Islamic Republic of Iran count of their religion; on Human Rights. issued a report (A/69/356), which stated, ‘‘The (3) calls on the President and Secretary of human rights situation in the Islamic Re- There being no objection, the Senate State, in cooperation with responsible na- public of Iran remains of concern. Numerous proceeded to consider the resolution. tions, to immediately condemn the Govern- issues flagged by the General Assembly, the Mr. MCCONNELL. I ask unanimous ment of Iran’s continued violation of human United Nations human rights mechanisms consent that the Kirk amendment to rights and demand the immediate release of and the Secretary-General persist, and in the resolution be agreed to; the resolu- some cases appear to have worsened, some prisoners held solely on account of their reli- tion, as amended, be agreed to; the recent overtures made by the Administra- gion; and Kirk amendment to the preamble be tion and the parliament notwithstanding.’’; (4) urges the President and Secretary of agreed to; the preamble, as amended, Whereas, on December 18, 2014, the United State to utilize available authorities, includ- ing the Comprehensive Iran Sanctions, Ac- be agreed to; and that the motions to Nations General Assembly adopted a resolu- tion (A/RES/69/190), which ‘‘[e]xpresse[d] deep countability, and Divestment Act of 2010, to reconsider be considered made and laid impose sanctions on officials of the Govern- upon the table. concern’’ over ‘‘[c]ontinued discrimination, persecution and human rights violations ment of Iran and other individuals directly The PRESIDING OFFICER. Without against persons belonging to unrecognized responsible for serious human rights abuses, objection, it is so ordered. religious minorities, particularly members including abuses against the Baha’i commu- The amendment (No. 2934) was agreed of the Baha’i [F]aith . . . and the effective nity of Iran. to, as follows: criminalization of membership in the Baha’i f (Purpose: To make a technical correction) [F]aith,’’ and called upon the Government of INTERNATIONAL MEGAN’S LAW TO Iran to ‘‘emancipate the Baha’i community On page 5, line 8, strike ‘‘12’’ and insert . . . and to accord all Baha’is, including PREVENT DEMAND FOR CHILD ‘‘9’’. those imprisoned because of their beliefs, the SEX TRAFFICKING The resolution (S. Res. 148), as due process of law and the rights that they Mr. MCCONNELL. Mr. President, I amended, was agreed to. are constitutionally guaranteed’’; ask unanimous consent that the Sen- The amendment (No. 2935) was agreed Whereas, since May of 2008, the Govern- ate proceed to the consideration of Cal- to, as follows: ment of Iran has imprisoned the seven mem- endar No. 296, H.R. 515. bers of the former ad hoc leadership group of (Purpose: To make technical corrections) the Baha’i community in Iran, known as the The PRESIDING OFFICER. The In the tenth whereas clause of the pre- Yaran-i-Iran, or ‘‘friends of Iran’’—Mrs. clerk will report the bill by title. amble, strike ‘‘12’’ and insert ‘‘9’’. Fariba Kamalabadi, Mr. Jamaloddin The senior assistant legislative clerk In the thirteenth whereas clause of the Khanjani, Mr. Afif Naeimi, Mr. Saeid Rezaie, read as follows: preamble, strike ‘‘100’’ and insert ‘‘71’’. Mr. Behrouz Tavakkoli, Mrs. Mahvash Sabet, A bill (H.R. 515) to protect children from The preamble, as amended, was and Mr. Vahid Tizfahm—and these individ- exploitation, especially sex trafficking in agreed to. uals are serving 20-year prison terms, the tourism, by providing advance notice of in- The resolution, as amended, with its longest sentences given to any current pris- tended travel by registered child-sex offend- preamble, as amended, reads as follows: oner of conscience in Iran, on charges includ- ers outside the United States to the govern- ing ‘‘spying for Israel, insulting religious ment of the country of destination, request- S. RES. 148 sanctities, propaganda against the regime ing foreign governments to notify the United Whereas, in 1982, 1984, 1988, 1990, 1992, 1993, and spreading corruption on earth’’; States when a known child-sex offender is 1994, 1996, 2000, 2004, 2006, 2008, 2009, 2012, and Whereas, beginning in May 2011, officials of seeking to enter the United States, and for 2013, Congress declared that it deplored the the Government of Iran in 4 cities conducted other purposes.

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.091 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8832 CONGRESSIONAL RECORD — SENATE December 17, 2015 There being no objection, the Senate (A) a State; (2) The Commissioner of U.S. Customs and proceeded to consider the bill, which (B) the District of Columbia; Border Protection. had been reported from the Committee (C) the Commonwealth of Puerto Rico; (3) Individuals who are designated as analysts (D) Guam; on Foreign Relations, with an amend- in U.S. Immigration and Customs Enforcement (E) American Samoa; or U.S. Customs and Border Protection. ment and an amendment to the title. (F) the Northern Mariana Islands; (4) Individuals who are designated as program (Strike out all after the enacting (G) the United States Virgin Islands; and managers in U.S. Immigration and Customs En- clause and insert the part printed in (H) to the extent provided in, and subject to forcement or U.S. Customs and Border Protec- italic.) the requirements of, section 127 of the Adam tion. SECTION 1. SHORT TITLE AND TABLE OF CON- Walsh Child Protection and Safety Act of 2006 (e) ACTIVITIES.— TENTS. (42 U.S.C. 16927), a Federally recognized Indian (1) IN GENERAL.—In carrying out this section, (a) SHORT TITLE.—This Act may be cited as tribe. the Center shall, using all relevant databases, the ‘‘International Megan’s Law to Prevent (7) MINOR.—The term ‘‘minor’’ means an indi- systems and sources of information, not later Child Exploitation and Other Sexual Crimes vidual who has not attained the age of 18 years. than 48 hours before scheduled departure, or as Through Advanced Notification of Traveling (8) NATIONAL SEX OFFENDER REGISTRY.—The soon as practicable before scheduled departure— Sex Offenders’’. term ‘‘National Sex Offender Registry’’ means (A) determine if individuals traveling abroad (b) TABLE OF CONTENTS.—The table of con- the National Sex Offender Registry established are listed on the National Sex Offender Reg- tents for this Act is as follows: by section 119 of the Adam Walsh Child Protec- istry; Sec. 1. Short title and table of contents. tion and Safety Act of 2006 (42 U.S.C. 16919). (B) review the United States Marshals Serv- Sec. 2. Findings. (9) SEX OFFENDER UNDER SORNA.—The term ice’s National Sex Offender Targeting Center Sec. 3. Definitions. ‘‘sex offender under SORNA’’ has the meaning case management system or other system that Sec. 4. Angel Watch Center. given the term ‘‘sex offender’’ in section 111 of provides access to a list of individuals who have Sec. 5. Notification by the United States Mar- the Adam Walsh Child Protection and Safety provided advanced notice of international travel shals Service. Act of 2006 (42 U.S.C. 16911). to identify any individual who meets the criteria Sec. 6. International travel. (10) SEX OFFENSE AGAINST A MINOR.— described in subparagraph (A) and is not in a Sec. 7. Reciprocal notifications. (A) IN GENERAL.—The term ‘‘sex offense system reviewed pursuant to this subparagraph; Sec. 8. Unique passport identifiers for covered against a minor’’ means a specified offense and sex offenders. against a minor, as defined in section 111 of the (C) provide a list of individuals identified Sec. 9. Implementation plan. Adam Walsh Child Protection and Safety Act of under subparagraph (B) to the United States Sec. 10. Technical assistance. 2006 (42 U.S.C. 16911). Marshals Service’s National Sex Offender Tar- Sec. 11. Authorization of appropriations. (B) OTHER OFFENSES.—The term ‘‘sex offense geting Center to determine compliance with title Sec. 12. Rule of construction. against a minor’’ includes a sex offense de- I of the Adam Walsh Child Protection and Safe- SEC. 2. FINDINGS. scribed in section 111(5)(A) of the Adam Walsh ty Act of 2006 (42 U.S.C. 16901 et seq.). Congress finds the following: Child Protection and Safety Act of 2006 (42 (2) PROVISION OF INFORMATION TO CENTER.— (1) Megan Nicole Kanka, who was 7 years old, U.S.C. 16911(5)(A)) that is a specified offense Twenty-four hours before the intended travel, or was abducted, sexually assaulted, and murdered against a minor, as defined in paragraph (7) of thereafter, not later than 72 hours after the in- in 1994, in the State of New Jersey by a violent such section, or an attempt or conspiracy to tended travel, the United States Marshals Serv- predator living across the street from her home. commit such an offense. ice’s National Sex Offender Targeting Center Unbeknownst to Megan Kanka and her family, (C) FOREIGN CONVICTIONS; OFFENSES INVOLV- shall provide, to the Angel Watch Center, infor- he had been convicted previously of a sex of- ING CONSENSUAL SEXUAL CONDUCT.—The limita- mation pertaining to any sex offender described fense against a child. tions contained in subparagraphs (B) and (C) of in subparagraph (C) of paragraph (1). (2) In 1996, Congress adopted Megan’s Law section 111(5) of the Adam Walsh Child Protec- (3) ADVANCE NOTICE TO DESTINATION COUN- (Public Law 104–145) as a means to encourage tion and Safety Act of 2006 (42 U.S.C. 16911(5)) TRY.— States to protect children by identifying the shall apply with respect to a sex offense against (A) IN GENERAL.—The Center may transmit whereabouts of sex offenders and providing the a minor for purposes of this Act to the same ex- relevant information to the destination country means to monitor their activities. tent and in the same manner as such limitations about a sex offender if— (3) In 2006, Congress passed the Adam Walsh apply with respect to a sex offense for purposes (i) the individual is identified by a review con- Child Protection and Safety Act of 2006 (Public of the Adam Walsh Child Protection and Safety ducted under paragraph (1)(B) as having pro- Law 109–248) to protect children and the public Act of 2006. vided advanced notice of international travel; or at large by establishing a comprehensive na- SEC. 4. ANGEL WATCH CENTER. (ii) after completing the activities described in tional system for the registration and notifica- (a) ESTABLISHMENT.—Not later than 90 days paragraph (1), the Center receives information tion to the public and law enforcement officers after the date of the enactment of this Act, the pertaining to a sex offender under paragraph of convicted sex offenders. Secretary of Homeland Security shall establish (2). (4) Law enforcement reports indicate that within the Child Exploitation Investigations (B) EXCEPTIONS.—The Center may imme- known child-sex offenders are traveling inter- Unit of U.S. Immigrations and Customs Enforce- diately transmit relevant information on a sex nationally. ment a Center, to be known as the ‘‘Angel offender to the destination country if— (5) The commercial sexual exploitation of mi- Watch Center’’, to carry out the activities speci- (i) the Center becomes aware that a sex of- nors in child sex trafficking and pornography is fied in subsection (e). fender is traveling outside of the United States a global phenomenon. The International Labour (b) INCOMING NOTIFICATION.— within 24 hours of intended travel, and simulta- Organization has estimated that 1,8000,000 chil- (1) IN GENERAL.—The Center may receive in- neously completes the activities described in dren worldwide are victims of child sex traf- coming notifications concerning individuals paragraph (1); or ficking and pornography each year. seeking to enter the United States who have (ii) the Center has not received a transmission (6) Child sex tourism, where an individual committed offenses of a sexual nature. pursuant to paragraph (2), provided it is not travels to a foreign country and engages in sex- (2) NOTIFICATION.—Upon receiving an incom- more than 24 hours before the intended travel. ual activity with a child in that country, is a ing notification under paragraph (1), the Center (C) CORRECTIONS.—Upon receiving informa- form of child exploitation and, where commer- shall— tion that a notification sent by the Center re- cial, child sex trafficking. (A) immediately share all information received garding an individual was inaccurate, the Cen- SEC. 3. DEFINITIONS. relating to the individual with the Department ter shall immediately— In this Act: of Justice; and (i) send a notification of correction to the des- (1) CENTER.—The term ‘‘Center’’ means the (B) share all relevant information relating to tination country notified; Angel Watch Center established pursuant to sec- the individual with other Federal, State, and (ii) correct all data collected pursuant to tion 4(a). local agencies and entities, as appropriate. paragraph (6); and (2) CONVICTED.—The term ‘‘convicted’’ has (3) COLLABORATION.—The Secretary of Home- (iii) if applicable, notify the Secretary of State the meaning given the term in section 111 of the land Security shall collaborate with the Attor- for purposes of the passport review and marking Adam Walsh Child Protection and Safety Act of ney General to establish a process for the re- processes described in section 240 of Public Law 2006 (42 U.S.C. 16911). ceipt, dissemination, and categorization of in- 110–457. (3) COVERED SEX OFFENDER.—Except as other- formation relating to individuals and specific of- (D) FORM.—The notification under this para- wise provided, the term ‘‘covered sex offender’’ fenses provided herein. graph may be transmitted through such means means an individual who is a sex offender by (c) LEADERSHIP.—The Center shall be headed as are determined appropriate by the Center, in- reason of having been convicted of a sex offense by the Assistant Secretary of U.S. Immigration cluding through U.S. Immigration and Customs against a minor. and Customs Enforcement, in collaboration with Enforcement attaches. (4) DESTINATION COUNTRY.—The term ‘‘des- the Commissioner of U.S. Customs and Border (4) MEMORANDUM OF AGREEMENT.—Not later tination country’’ means a destination or transit Protection and in consultation with the Attor- than 6 months after the date of enactment of country. ney General and the Secretary of State. this Act, the Secretary of Homeland Security (5) INTERPOL.—The term ‘‘INTERPOL’’ means (d) MEMBERS.—The Center shall consist of the shall enter into a Memorandum of Agreement the International Criminal Police Organization. following: with the Attorney General to facilitate the ac- (6) JURISDICTION.—The term ‘‘jurisdiction’’ (1) The Assistant Secretary of U.S. Immigra- tivities of the Angel Watch Center in collabora- means— tion and Customs Enforcement. tion with the United States Marshals Service’s

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00100 Fmt 0624 Sfmt 6333 E:\CR\FM\G17DE6.094 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8833 National Sex Offender Targeting Center, includ- erning the activities authorized under this Act, (1) a record of each notification sent under ing the exchange of information, the sharing of in carrying out this Act. subsection (a); personnel, access to information and databases (9) INFORMATION REQUIRED.—The Center shall (2) the response of the destination country to in accordance with paragraph (1)(B), and the make available to the United States Marshals notifications under paragraphs (1) and (2) of establishment of a process to share notifications Service’s National Sex Offender Targeting Cen- subsection (a), where available; from the international community in accordance ter information on travel by sex offenders in a (3) any decision not to transmit a notification with subsection (b)(1). timely manner. abroad, to the extent practicable; (5) PASSPORT APPLICATION REVIEW.— (f) DEFINITION.—In this section, the term ‘‘sex (4) the number of transmissions made under (A) IN GENERAL.—The Center shall provide a offender’’ means— paragraphs (1) and (2) of subsection (a) and the written determination to the Department of (1) a covered sex offender; or countries to which they are transmitted; State regarding the status of an individual as a (2) an individual required to register under (5) whether the information was transmitted covered sex offender (as defined in section 240 of the sex offender registration program of any ju- to the destination country before scheduled com- Public Law 110–457) when appropriate. risdiction or included in the National Sex Of- mencement of sex offender travel; and (B) EFFECTIVE DATE.—Subparagraph (A) shall fender Registry, on the basis of an offense (6) any other information deemed necessary take effect upon certification by the Secretary of against a minor. and appropriate by the Attorney General. State, the Secretary of Homeland Security, and SEC. 5. NOTIFICATION BY THE UNITED STATES (g) COMPLAINT REVIEW.— MARSHALS SERVICE. the Attorney General that the process developed (1) IN GENERAL.—The United States Marshals and reported to the appropriate congressional (a) IN GENERAL.—The United States Marshals Service’s National Sex Offender Targeting Cen- committees under section 9 has been successfully Service’s National Sex Offender Targeting Cen- ter shall— implemented. ter may— (A) establish a mechanism to receive com- (1) transmit notification of international trav- (6) COLLECTION OF DATA.—The Center shall plaints from individuals affected by erroneous el of a sex offender to the destination country of collect all relevant data, including— notifications under this section; the sex offender, including to the visa-issuing (A) a record of each notification sent under (B) ensure that any complaint is promptly re- agent or agents in the United States of the paragraph (3); viewed; and (B) the response of the destination country to country; (2) share information relating to traveling sex (C) in the case of a complaint that involves a notifications under paragraph (3), where avail- notification sent by another Federal Govern- able; offenders with other Federal, State, local, and foreign agencies and entities, as appropriate; ment entity, notify the individual of the contact (C) any decision not to transmit a notification information for the appropriate entity and for- abroad, to the extent practicable; (3) receive incoming notifications concerning individuals seeking to enter the United States ward the complaint to the appropriate entity for (D) the number of transmissions made under prompt review and response pursuant to this subparagraphs (A),(B), and (C) of paragraph (3) who have committed offenses of a sexual nature and shall share the information received imme- section. and the countries to which they are transmitted, (2) RESPONSE TO COMPLAINTS.—The United respectively; diately with the Department of Homeland Secu- rity; and States Marshals Service’s National Sex Offender (E) whether the information was transmitted Targeting Center shall, as applicable— to the destination country before scheduled com- (4) perform such other functions at the Attor- ney General or the Director of the United States (A) provide the individual with notification in mencement of sex offender travel; and writing that the individual was erroneously sub- (F) any other information deemed necessary Marshals Service may direct. (b) CONSISTENT NOTIFICATION.—In making no- jected to international notification; and appropriate by the Secretary of Homeland tifications under subsection (a)(1), the United (B) take action to ensure that a notification Security. States Marshals Service’s National Sex Offender or information regarding the individual is not (7) COMPLAINT REVIEW.— Targeting Center shall, to the extent feasible erroneously transmitted to a destination country (A) IN GENERAL.—The Center shall— in the future; and (i) establish a mechanism to receive com- and appropriate, ensure that the destination (C) submit an additional written notification plaints from individuals affected by erroneous country is consistently notified in advance to the individual explaining why a notification notifications under this section; about sex offenders under SORNA identified or information regarding the individual was er- (ii) ensure that any complaint is promptly re- through their inclusion in sex offender registries roneously transmitted to the destination country viewed; and of jurisdictions or the National Sex Offender and describing the actions that the United (iii) in the case of a complaint that involves a Registry. States Marshals Service’s National Sex Offender notification sent by another Federal Govern- (c) INFORMATION REQUIRED.—For purposes of Targeting Center has taken or is taking under ment entity, notify the individual of the contact carrying out this Act, the United States Mar- subparagraph (B). information for the appropriate entity and for- shals Service’s National Sex Offender Targeting (3) PUBLIC AWARENESS.—The United States ward the complaint to the appropriate entity for Center shall— (1) make the case management system or other Marshals Service’s National Sex Offender Tar- prompt review and response pursuant to this system that provides access to a list of individ- geting Center shall make publicly available in- section. uals who have provided advanced notice of formation on how an individual may submit a (B) RESPONSE TO COMPLAINTS.—The Center international travel available to the Angel complaint under this section. shall, as applicable— (i) provide the individual with notification in Watch Center; (4) REPORTING REQUIREMENT.—The Attorney (2) provide the Angel Watch Center a deter- writing that the individual was erroneously sub- General shall submit an annual report to the mination of compliance with title I of the Adam jected to international notification; appropriate congressional committees (as de- Walsh Child Protection and Safety Act of 2006 (ii) take action to ensure that a notification or fined in section 9) that includes— (42 U.S.C. 16901 et seq.) for the list of individ- information regarding the individual is not erro- (A) the number of instances in which a notifi- uals transmitted under section 4(e)(1)(C); neously transmitted to a destination country in cation or information was erroneously trans- (3) make available to the Angel Watch Center mitted to the destination country of an indi- the future; and information on travel by sex offenders in a time- (iii) submit an additional written notification vidual under subsection (a); and ly manner; and (B) the actions taken to prevent similar errors to the individual explaining why a notification (4) consult with the Department of State re- or information regarding the individual was er- from occurring in the future. garding operation of the international notifica- (h) DEFINITION.—In this section, the term ‘‘sex roneously transmitted to the destination country tion program authorized under this Act. and describing the actions that the Center has offender’’ means— (d) CORRECTIONS.—Upon receiving informa- (1) a sex offender under SORNA; or taken or is taking under clause (ii). tion that a notification sent by the United (C) PUBLIC AWARENESS.—The Center shall (2) a person required to register under the sex States Marshals Service’s National Sex Offender offender registration program of any jurisdic- make publicly available information on how an Targeting Center regarding an individual was individual may submit a complaint under this tion or included in the National Sex Offender inaccurate, the United States Marshals Service’s Registry. section. National Sex Offender Targeting Center shall (D) REPORTING REQUIREMENT.—The Secretary immediately— SEC. 6. INTERNATIONAL TRAVEL. of Homeland Security shall submit an annual (1) send a notification of correction to the des- (a) REQUIREMENT THAT SEX OFFENDERS PRO- report to the appropriate congressional commit- tination country notified; VIDE INTERNATIONAL TRAVEL RELATED INFOR- tees (as defined in section 9) that includes— (2) correct all data collected in accordance MATION TO SEX OFFENDER REGISTRIES.—Section (i) the number of instances in which a notifi- with subsection (f); and 114 of the Adam Walsh Child Protection and cation or information was erroneously trans- (3) if applicable, send a notification of correc- Safety Act of 2006 (42 U.S.C. 16914) is amended— mitted to the destination country of an indi- tion to the Angel Watch Center. (1) in subsection (a)— vidual under paragraph (3); and (e) FORM.—The notification under this section (A) by redesignating paragraph (7) as para- (ii) the actions taken to prevent similar errors may be transmitted through such means as are graph (8); and; from occurring in the future. determined appropriate by the United States (B) by inserting after paragraph (6) the fol- (8) ANNUAL REVIEW PROCESS.—The Center Marshals Service’s National Sex Offender Tar- lowing: shall establish, in coordination with the Attor- geting Center, including through the ‘‘(7) Information relating to intended travel of ney General, the Secretary of State, and INTERPOL notification system and through the sex offender outside the United States, in- INTERPOL, an annual review process to ensure Federal Bureau of Investigation Legal attaches. cluding any anticipated dates and places of de- that there is appropriate coordination and col- (f) COLLECTION OF DATA.—The Attorney Gen- parture, arrival, or return, carrier and flight laboration, including consistent procedures gov- eral shall collect all relevant data, including— numbers for air travel, destination country and

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address or other contact information therein, ‘‘(b) AUTHORITY TO USE UNIQUE PASSPORT (4) the Committee on Homeland Security of means and purpose of travel, and any other IDENTIFIERS.— the House of Representatives; itinerary or other travel-related information re- ‘‘(1) IN GENERAL.—Except as provided under (5) the Committee on the Judiciary of the Sen- quired by the Attorney General.’’; and paragraph (2), the Secretary of State shall not ate; (2) by adding at the end the following: issue a passport to a covered sex offender unless (6) the Committee on the Judiciary of the ‘‘(c) TIME AND MANNER.—A sex offender shall the passport contains a unique identifier, and House of Representatives; provide and update information required under may revoke a passport previously issued without (7) the Committee on Appropriations of the subsection (a), including information relating to such an identifier of a covered sex offender. Senate; and intended travel outside the United States re- ‘‘(2) AUTHORITY TO REISSUE.—Notwith- (8) the Committee on Appropriations of the quired under paragraph (7) of that subsection, standing paragraph (1), the Secretary of State House of Representatives. in conformity with any time and manner re- may reissue a passport that does not include a SEC. 10. TECHNICAL ASSISTANCE. quirements prescribed by the Attorney Gen- unique identifier if an individual described in The Secretary of State, in consultation with eral.’’. subsection (a) reapplies for a passport and the the Attorney General and the Secretary of ONFORMING AMENDMENTS TO SECTION (b) C Angel Watch Center provides a written deter- Homeland Security, may provide technical as- 2250 OF TITLE 18, UNITED STATES CODE.—Sec- mination, through the process developed for sistance to foreign authorities in order to enable tion 2250 of title 18, United States Code, is that purpose under section 9 of the Inter- such authorities to participate more effectively amended— national Megan’s Law to Prevent Child Exploi- in the notification program system established (1) by redesignating subsections (b) and (c) as tation and Other Sexual Crimes Through Ad- under this Act. subsections (c) and (d), respectively; vanced Notification of Traveling Sex Offenders, (2) by inserting after subsection (a) the fol- SEC. 11. AUTHORIZATION OF APPROPRIATIONS. to the Secretary of State that the individual is lowing: There are authorized to be appropriated to the no longer required to register as a covered sex ‘‘(b) INTERNATIONAL TRAVEL REPORTING VIO- Secretary of State, the Attorney General, and offender. LATIONS.—Whoever— the Secretary of Homeland Security such sums ‘‘(1) is required to register under the Sex Of- ‘‘(c) DEFINED TERMS.—In this section— as may be necessary to carry out this Act. fender Registration and Notification Act (42 ‘‘(1) the term ‘covered sex offender’ means an individual who— SEC. 12. RULE OF CONSTRUCTION. U.S.C. 16901 et seq.); Nothing in this Act shall be construed to limit ‘‘(2) knowingly fails to provide information re- ‘‘(A) is a sex offender, as defined in section 4(f) of the International Megan’s Law to Pre- international information sharing or law en- quired by the Sex Offender Registration and No- forcement cooperation relating to any person tification Act relating to intended travel in for- vent Child Exploitation and Other Sexual Crimes Through Advanced Notification of Trav- pursuant to any authority of the Department of eign commerce; and Justice, the Department of Homeland Security, ‘‘(3) engages or attempts to engage in the in- eling Sex Offenders; and or any other department or agency. tended travel in foreign commerce; ‘‘(B) is currently required to register under the sex offender registration program of any ju- Mr. MCCONNELL. I ask unanimous shall be fined under this title, imprisoned not consent that the committee-reported more than 10 years, or both.’’; and risdiction; (3) in subsections (c) and (d), as redesignated, ‘‘(2) the term ‘unique identifier’ means any substitute be agreed to; that the by striking ‘‘subsection (a)’’ each place it ap- visual designation affixed to a conspicuous loca- Corker amendment at the desk be pears and inserting ‘‘subsection (a) or (b)’’. tion on the passport indicating that the indi- agreed to; that the bill, as amended, be (c) IMPLEMENTATION.—In carrying out this vidual is a covered sex offender; and read a third time and passed; and that Act, and the amendments made by this Act, the ‘‘(3) the term ‘passport’ means a passport book the motion to reconsider be considered or passport card. Attorney General may use the resources and ca- made and laid upon the table. pacities of any appropriate agencies of the De- ‘‘(d) PROHIBITION.—The Secretary of State, partment of Justice, including the Office of Sex the Secretary of Homeland Security, and the At- The PRESIDING OFFICER. Without Offender Sentencing, Monitoring, Appre- torney General, and their agencies, officers, em- objection, it is so ordered. hending, Registering, and Tracking, the United ployees, and agents, shall not be liable to any The committee-reported amendment States Marshals Service, INTERPOL Wash- person for any action taken under this section. in the nature of a substitute was ington-U.S. National Central Bureau, the Fed- ‘‘(e) DISCLOSURE.—In furtherance of this sec- agreed to. eral Bureau of Investigation, the Criminal Divi- tion, the Secretary of State may require a pass- The amendment (No. 2936) was agreed sion, and the United States Attorneys’ Offices. port applicant to disclose that they are a reg- to, as follows: SEC. 7. RECIPROCAL NOTIFICATIONS. istered sex offender. (Purpose: To modify the authorization of It is the sense of Congress that the Secretary ‘‘(f) EFFECTIVE DATE.—This section shall take appropriations) of State, in consultation with the Attorney Gen- effect upon certification by the Secretary of eral and the Secretary of Homeland Security, State, the Secretary of Homeland Security, and On page 42, strike lines 13 through 17 and should seek reciprocal international agreements the Attorney General, that the process devel- insert the following: or arrangements to further the purposes of this oped and reported to the appropriate congres- SEC. 11. AUTHORIZATION OF APPROPRIATIONS. Act and the Sex Offender Registration and Noti- sional committees under section 9 of the Inter- There are authorized to be appropriated to fication Act (42 U.S.C. 16901 et seq.). Such national Megan’s Law to Prevent Child Exploi- carry out this Act $6,000,000 for each of fiscal agreements or arrangements may establish tation and Other Sexual Crimes Through Ad- years 2017 and 2018. mechanisms and undertakings to receive and vanced Notification of Traveling Sex Offenders has been successfully implemented.’’. The amendments were ordered to be transmit notices concerning international travel engrossed, and the bill to be read a by sex offenders, through the Angel Watch Cen- SEC. 9. IMPLEMENTATION PLAN. ter, the INTERPOL notification system, and (a) IN GENERAL.—Not later than 90 days after third time. such other means as may be appropriate, in- the date of enactment of this Act, the Secretary The bill was read the third time. cluding notification by the United States to of Homeland Security, the Secretary of State, The bill (H.R. 515), as amended, was other countries relating to the travel of sex of- and the Attorney General shall develop a proc- passed. fenders from the United States, reciprocal notifi- ess by which to implement section 4(e)(5) and f cation by other countries to the United States the provisions of section 240 of Public Law 110– relating to the travel of sex offenders to the 457, as added by section 8 of this Act. RURAL ACO PROVIDER EQUITY United States, and mechanisms to correct and, (b) REPORTING REQUIREMENT.—Not later than ACT OF 2015 as applicable, remove from any other records, 90 days after the date of enactment of this Act, Mr. MCCONNELL. Mr. President, I any inaccurate information transmitted through the Secretary of Homeland Security, the Sec- such notifications. retary of State, and the Attorney General shall ask unanimous consent that the Com- SEC. 8. UNIQUE PASSPORT IDENTIFIERS FOR jointly submit a report to, and shall consult mittee on Finance be discharged from COVERED SEX OFFENDERS. with, the appropriate congressional committees further consideration of S. 2261 and the (a) AMENDMENT TO PUBLIC LAW 110-457.— on the process developed under subsection (a), Senate proceed to its immediate con- Title II of Public Law 110–457 is amended by which shall include a description of the pro- sideration. adding at the end the following: posed process and a timeline and plan for imple- The PRESIDING OFFICER. Without ‘‘SEC. 240. UNIQUE PASSPORT IDENTIFIERS FOR mentation of that process, and shall identify the objection, it is so ordered. COVERED SEX OFFENDERS. resources required to effectively implement that The clerk will report the bill by title. ‘‘(a) IN GENERAL.—Immediately after receiving process. a written determination from the Angel Watch (c) ‘‘APPROPRIATE CONGRESSIONAL COMMIT- The senior assistant legislative clerk Center that an individual is a covered sex of- TEES’’ DEFINED.—In this section, the term ‘‘ap- read as follows: fender, through the process developed for that propriate congressional committees’’ means— A bill (S. 2261) to amend title XVIII of the purpose under section 9 of the International (1) the Committee on Foreign Relations of the Social Security Act to improve the way Megan’s Law to Prevent Child Exploitation and Senate; beneficiaries are assigned under the Medi- Other Sexual Crimes Through Advanced Notifi- (2) the Committee on Foreign Affairs of the care shared savings program by also basing cation of Traveling Sex Offenders, the Secretary House of Representatives; such assignment on services furnished by of State shall take appropriate action under (3) the Committee on Homeland Security and Federally qualified health centers and rural subsection (b). Governmental Affairs of the Senate; health clinics.

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\CR\FM\A17DE6.036 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 17, 2015 CONGRESSIONAL RECORD — SENATE S8835 There being no objection, the Senate ate proceed to the immediate consider- (b) SANCTIONS DESCRIBED.—The sanctions proceeded to consider the bill. ation of Calendar No. 174, S. 284. described in this subsection are the fol- lowing: Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. The (1) INADMISSIBILITY TO UNITED STATES.—In ask unanimous consent that the bill be clerk will report the bill by title. the case of a foreign person who is an indi- read a third time and passed and the The senior assistant legislative clerk vidual— motion to reconsider be considered read as follows: (A) ineligibility to receive a visa to enter made and laid upon the table. A bill (S. 284) to impose sanctions with re- the United States or to be admitted to the The PRESIDING OFFICER. Without spect to foreign persons responsible for gross United States; or objection, it is so ordered. violations of internationally recognized (B) if the individual has been issued a visa The bill (S. 2261) was ordered to be human rights, and for other purposes. or other documentation, revocation, in ac- cordance with section 221(i) of the Immigra- engrossed for a third reading, was read There being no objection, the Senate tion and Nationality Act (8 U.S.C. 1201(i)), of the third time, and passed, as follows: proceeded to consider the bill, which the visa or other documentation. S. 2261 had been reported from the Committee (2) BLOCKING OF PROPERTY.— Be it enacted by the Senate and House of Rep- on Foreign Relations, with an amend- (A) IN GENERAL.—The blocking, in accord- resentatives of the United States of America in ment. ance with the International Emergency Eco- Congress assembled, (Insert the part printed in italic.) nomic Powers Act (50 U.S.C. 1701 et seq.), of all transactions in all property and interests SECTION 1. SHORT TITLE. S. 284 in property of a foreign person if such prop- This Act may be cited as the ‘‘Rural ACO SECTION 1. SHORT TITLE. erty and interests in property are in the Provider Equity Act of 2015’’. This Act may be cited as the ‘‘Global United States, come within the United SEC. 2. IMPROVEMENTS TO THE ASSIGNMENT OF Magnitsky Human Rights Accountability States, or are or come within the possession BENEFICIARIES UNDER THE MEDI- or control of a United States person. CARE SHARED SAVINGS PROGRAM. Act’’. (B) INAPPLICABILITY OF NATIONAL EMER- Section 1899(c) of the Social Security Act SEC. 2. DEFINITIONS. GENCY REQUIREMENT.—The requirements of In this Act: (42 U.S.C. 1395jjj(c)) is amended— section 202 of the International Emergency (1) APPROPRIATE CONGRESSIONAL COMMIT- (1) by striking ‘‘utilization of primary’’ Economic Powers Act (50 U.S.C. 1701) shall TEES.—The term ‘‘appropriate congressional and inserting ‘‘utilization of— not apply for purposes of this section. committees’’ means— ‘‘(1) in the case of performance years begin- (c) CONSIDERATION OF CERTAIN INFORMATION (A) the Committee on Banking, Housing, ning on or after April 1, 2012, primary’’; IN IMPOSING SANCTIONS.—In determining (2) in paragraph (1), as added by paragraph and Urban Affairs and the Committee on whether to impose sanctions under sub- (1) of this section, by striking the period at Foreign Relations of the Senate; and section (a), the President shall consider— the end and inserting ‘‘; and’’; and (B) the Committee on Financial Services (1) information provided by the chair- (3) by adding at the end the following new and the Committee on Foreign Affairs of the person and ranking member of each of the paragraph: House of Representatives. appropriate congressional committees; and ‘‘(2) in the case of performance years begin- (2) FOREIGN PERSON.—The term ‘‘foreign (2) credible information obtained by other ning on or after January 1, 2018, services pro- person’’ means a person that is not a United countries and nongovernmental organiza- vided under this title by a Federally quali- States person. tions that monitor violations of human fied health center or rural health clinic (as (3) PERSON.—The term ‘‘person’’ means an rights. those terms are defined in section 1861(aa)), individual or entity. (d) REQUESTS BY CHAIRPERSON AND RANKING as may be determined by the Secretary.’’. (4) UNITED STATES PERSON.—The term MEMBER OF APPROPRIATE CONGRESSIONAL ‘‘United States person’’ means— COMMITTEES.—Not later than 120 days after f (A) a United States citizen or an alien law- receiving a written request from the chair- NATIONAL GUARD AND RESERV- fully admitted for permanent residence to person and ranking member of one of the ap- IST DEBT RELIEF EXTENSION the United States; or propriate congressional committees with re- (B) an entity organized under the laws of spect to whether a foreign person has en- ACT OF 2015 the United States or of any jurisdiction gaged in an activity described in subsection Mr. MCCONNELL. Mr. President, I within the United States, including a foreign (a), the President shall— ask unanimous consent that the Sen- branch of such an entity. (1) determine if that person has engaged in ate proceed to the immediate consider- SEC. 3. AUTHORIZATION OF IMPOSITION OF such an activity; and SANCTIONS. (2) submit a report to the chairperson and ation of H.R. 4246, which was received ranking member of that committee with re- from the House. (a) IN GENERAL.—The President may im- pose the sanctions described in subsection (b) spect to that determination that includes— The PRESIDING OFFICER. The with respect to any foreign person the Presi- (A) a statement of whether or not the clerk will report the bill by title. dent determines, based on credible evi- President imposed or intends to impose sanc- The senior assistant legislative clerk dence— tions with respect to the person; and read as follows: (1) is responsible for extrajudicial killings, (B) if the President imposed or intends to impose sanctions, a description of those A bill (H.R. 4246) to exempt for an addi- torture, or other gross violations of inter- sanctions. tional 4-year period, from the application of nationally recognized human rights com- (e) WAIVER FOR NATIONAL SECURITY INTER- the means-test presumption of abuse under mitted against individuals in any foreign country who seek— ESTS.—The President may waive the applica- chapter 7, qualifying members of reserve tion of sanctions under this section with re- components of the Armed Forces and mem- (A) to expose illegal activity carried out by government officials; or spect to a person if the President— bers of the National Guard who, after Sep- (1) determines that such a waiver is in the tember 11, 2001, are called to active duty or (B) to obtain, exercise, defend, or promote internationally recognized human rights and national security interests of the United to perform a homeland defense activity for States; and not less than 90 days. freedoms, such as the freedoms of religion, expression, association, and assembly, and (2) before granting the waiver, submits to There being no objection, the Senate the rights to a fair trial and democratic elec- the appropriate congressional committees proceeded to consider the bill. tions; notice of, and a justification for, the waiver. (f) EXCEPTION TO COMPLY WITH UNITED NA- Mr. MCCONNELL. Mr. President, I (2) acted as an agent of or on behalf of a TIONS HEADQUARTERS AGREEMENT.—Sanc- ask unanimous consent that the bill be foreign person in a matter relating to an ac- tions under subsection (b)(1) shall not apply tivity described in paragraph (1); read a third time and passed and that to an individual if admitting the individual the motion to reconsider be considered (3) is a government official, or a senior as- into the United States is necessary to permit made and laid upon the table. sociate of such an official, that is responsible the United States to comply with the Agree- The PRESIDING OFFICER. Without for, or complicit in, ordering, controlling, or ment regarding the Headquarters of the otherwise directing, acts of significant cor- United Nations, signed at Lake Success June objection, it is so ordered. ruption, including the expropriation of pri- The bill (H.R. 4246) was ordered to a 26, 1947, and entered into force November 21, vate or public assets for personal gain, cor- 1947, between the United Nations and the third reading, was read the third time, ruption related to government contracts or United States, or other applicable inter- and passed. the extraction of natural resources, bribery, national obligations of the United States. or the facilitation or transfer of the proceeds f (g) ENFORCEMENT OF BLOCKING OF PROP- of corruption to foreign jurisdictions; or ERTY.—A person that violates, attempts to GLOBAL MAGNITSKY HUMAN (4) has materially assisted, sponsored, or violate, conspires to violate, or causes a vio- RIGHTS ACCOUNTABILITY ACT provided financial, material, or techno- lation of subsection (b)(2) or any regulation, logical support for, or goods or services in license, or order issued to carry out sub- Mr. MCCONNELL. Mr. President, I support of, an activity described in para- section (b)(2) shall be subject to the pen- ask unanimous consent that the Sen- graph (3). alties set forth in subsections (b) and (c) of

VerDate Sep 11 2014 06:08 Dec 18, 2015 Jkt 059060 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\CR\FM\G17DE6.097 S17DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S8836 CONGRESSIONAL RECORD — SENATE December 17, 2015 section 206 of the International Emergency (b) FORM OF REPORT.— ORDERS FOR FRIDAY, DECEMBER Economic Powers Act (50 U.S.C. 1705) to the (1) IN GENERAL.—The report required by 18, 2015 same extent as a person that commits an un- subsection (a) shall be submitted in unclassi- lawful act described in subsection (a) of that fied form, but may include a classified Mr. MCCONNELL. Mr. President, I section. annex. ask unanimous consent that when the (h) TERMINATION OF SANCTIONS.—The Presi- (2) EXCEPTION.—The name of a foreign per- Senate completes its business today, it dent may terminate the application of sanc- son to be included in the list required by sub- adjourn until 9:30 a.m., Friday, Decem- tions under this section with respect to a section (a)(1) may be submitted in the classi- ber 18; that following the prayer and person if the President determines and re- fied annex authorized by paragraph (1) only pledge, the morning hour be deemed ports to the appropriate congressional com- if the President— expired, the Journal of proceedings be mittees not later than 15 days before the ter- (A) determines that it is vital for the na- mination of the sanctions that— tional security interests of the United States approved to date, and the time for the (1) credible information exists that the per- to do so; two leaders be reserved for their use son did not engage in the activity for which (B) uses the annex in a manner consistent later in the day; further, that following sanctions were imposed; with congressional intent and the purposes leader remarks, the Senate be in a pe- (2) the person has been prosecuted appro- of this Act; and riod of morning business, with Sen- priately for the activity for which sanctions (C) not later than 15 days before submit- ators permitted to speak therein for up were imposed; or ting the name in a classified annex, provides to 10 minutes each. (3) the person has credibly demonstrated a to the appropriate congressional committees The PRESIDING OFFICER. Without significant change in behavior, has paid an notice of, and a justification for, including appropriate consequence for the activity for the name in the classified annex despite any objection, it is so ordered. which sanctions were imposed, and has publicly available credible information indi- f credibly committed to not engage in an ac- cating that the person engaged in an activity tivity described in subsection (a) in the fu- described in section 3(a). ADJOURNMENT UNTIL 9:30 A.M. ture. (c) PUBLIC AVAILABILITY.— TOMORROW (i) REGULATORY AUTHORITY.—The President (1) IN GENERAL.—The unclassified portion shall issue such regulations, licenses, and or- Mr. MCCONNELL. Mr. President, if of the report required by subsection (a) shall there is no further business to come be- ders as are necessary to carry out this sec- be made available to the public, including tion. through publication in the Federal Register. fore the Senate, I ask unanimous con- (j) IDENTIFICATION OF SANCTIONABLE FOREIGN (2) NONAPPLICABILITY OF CONFIDENTIALITY sent that it stand adjourned under the PERSONS.—The Assistant Secretary of State for REQUIREMENT WITH RESPECT TO VISA previous order. Democracy, Human Rights, and Labor, in con- RECORDS.—The President shall publish the There being no objection, the Senate, sultation with the Assistant Secretary of State list required by subsection (a)(1) without re- at 7:17 p.m., adjourned until Friday, for Consular Affairs and other bureaus of the gard to the requirements of section 222(f) of December 18, 2015, at 9:30 a.m. Department of State, as appropriate, is author- the Immigration and Nationality Act (8 ized to submit to the Secretary of State, for re- U.S.C. 1202(f)) with respect to confidentiality f view and consideration, the names of foreign of records pertaining to the issuance or re- persons who may meet the criteria described in fusal of visas or permits to enter the United DISCHARGED NOMINATIONS subsection (a). States. The Senate Committee on Homeland SEC. 4. REPORTS TO CONGRESS. Mr. MCCONNELL. Mr. President, I Security and Governmental Affairs was (a) IN GENERAL.—Not later than 120 days ask unanimous consent that the com- discharged from further consideration after the date of the enactment of this Act, of the following nominations by unani- and annually thereafter, the President shall mittee-reported amendment be with- submit to the appropriate congressional drawn; that the Cardin amendment mous consent and the nominations committees a report that includes— which is at the desk be agreed to; that were confirmed: (1) a list of each foreign person with re- the bill, as amended, be read a third ROBERT A. SALERNO, OF THE DISTRICT OF COLUMBIA, spect to which the President imposed sanc- time and passed; and that the motion TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA FOR THE TERM OF FIF- tions pursuant to section 3 during the year to reconsider be considered made and TEEN YEARS. preceding the submission of the report; laid upon the table with no intervening DARLENE MICHELE SOLTYS, OF THE DISTRICT OF CO- (2) a description of the type of sanctions LUMBIA, TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR action or debate. COURT OF THE DISTRICT OF COLUMBIA FOR THE TERM imposed with respect to each such person; OF FIFTEEN YEARS. (3) the number of foreign persons with re- The PRESIDING OFFICER. Without spect to which the President— objection, it is so ordered. f (A) imposed sanctions under section 3(a) The committee-reported amendment CONFIRMATIONS during that year; and was withdrawn. (B) terminated sanctions under section 3(h) Executive nominations confirmed by The amendment (No. 2937) in the na- during that year; the Senate December 17, 2015: (4) the dates on which such sanctions were ture of a substitute was agreed to. THE JUDICIARY imposed or terminated, as the case may be; (The amendment is printed in today’s ROBERT A. SALERNO, OF THE DISTRICT OF COLUMBIA, (5) the reasons for imposing or terminating RECORD under ‘‘Text of Amendments.’’) such sanctions; and TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT The bill (S. 284), as amended, was or- OF THE DISTRICT OF COLUMBIA FOR THE TERM OF FIF- (6) a description of the efforts of the Presi- TEEN YEARS. dent to encourage the governments of other dered to be engrossed for a third read- DARLENE MICHELE SOLTYS, OF THE DISTRICT OF CO- ing, was read the third time, and LUMBIA, TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR countries to impose sanctions that are simi- COURT OF THE DISTRICT OF COLUMBIA FOR THE TERM lar to the sanctions authorized by section 3. passed. OF FIFTEEN YEARS.

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