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

Vol. 162 WASHINGTON, TUESDAY, JUNE 7, 2016 No. 89 House of Representatives The House met at noon and was If a carbon tax would be imposed, all In southern West Virginia, that means called to order by the Speaker pro tem- of this would change. According to the we might not be able to redevelop our pore (Mr. WOMACK). nonpartisan Congressional Budget Of- former mine sites to their full poten- f fice, a carbon tax would hurt our econ- tial. It could even halt the much-need- omy. It would raise prices and diminish ed Hobet mine redevelopment. DESIGNATION OF SPEAKER PRO people’s purchasing power. It would re- Noncompliant counties also might TEMPORE duce the number of hours people not be able to build new highways. For The SPEAKER pro tempore laid be- worked, resulting in lost wages. It southern West Virginia, that could fore the House the following commu- would also disproportionately hurt mean long planned highway projects nication from the Speaker: low-income families and raise energy are put on the back burner again. WASHINGTON, DC, prices for seniors and families. This week, we will vote in the House June 7, 2016. West Virginia already has one of the on a bill to put the brakes on the I hereby appoint the Honorable STEVE highest unemployment rates in the Na- EPA’s latest actions. We will give the WOMACK to act as Speaker pro tempore on tion. What we need are policies that States time to catch up before the EPA this day. create more jobs, encourage companies tries to impose yet another standard. PAUL D. RYAN, to expand and hire, diversify our econ- We will protect public health while en- Speaker of the House of Representatives. omy, and reinvest in our people. suring implementation of new ozone f Our coal miners and our coalfields standards that don’t cripple our econ- MORNING-HOUR DEBATE have suffered enough. They can’t afford omy. a tax on the very energy West Virginia This is a commonsense bill that de- The SPEAKER pro tempore. Pursu- produces. serves bipartisan support. ant to the order of the House of Janu- The message is clear: West Virginia f ary 5, 2016, the Chair will now recog- needs more jobs and reinvestment, not nize Members from lists submitted by a carbon tax. HONORING ANITA DATAR the majority and minority leaders for IMPLEMENTATION OF NEW OZONE STANDARDS The SPEAKER pro tempore. The morning-hour debate. Mr. JENKINS of West Virginia. Mr. Chair recognizes the gentlewoman from The Chair will alternate recognition Speaker, the EPA is at it again. It is New York (Mrs. LOWEY) for 5 minutes. between the parties, with each party writing yet another rule that will hurt Mrs. LOWEY. Mr. Speaker, I rise to limited to 1 hour and each Member our economy and could make it harder honor an extraordinary public servant, other than the majority and minority for us to build new roads and create Anita Datar, who was tragically killed leaders and the minority whip limited jobs. late last year during the despicable ter- to 5 minutes, but in no event shall de- In this economy, when West Virginia rorist attack at the Radisson Blu Hotel bate continue beyond 1:50 p.m. has one of the highest unemployment in Bamako, Mali. f rates in the Nation, the last thing we Anita, only 41 years old, was senior need is more red tape. We don’t need director for field programs for the CARBON TAX more bureaucrats getting in the way of international development firm, Palla- The SPEAKER pro tempore. The our State’s ability to develop our re- dium. She went to Mali on a USAID- Chair recognizes the gentleman from sources. supported research project focused on West Virginia (Mr. JENKINS) for 5 min- The new ozone standards the EPA women’s reproductive health. utes. wants to impose on States would hurt Raised in New Jersey, Anita devoted Mr. JENKINS of West Virginia. Mr. manufacturing, drilling, mining, and her entire career to international pub- Speaker, the House will vote this week agricultural operations, hurting the lic health and development. She start- on a resolution of disapproval on a car- families who depend on these jobs. ed as a Peace Corps volunteer in Sen- bon tax, a new tax that would greatly The EPA is ratcheting up its ozone egal, and then continued to travel hurt my State of West Virginia. standard on States. Most States and throughout sub-Saharan Africa, Latin West Virginia is the second largest counties haven’t even met the 2008 America, and the Caribbean, helping producer of coal in the United States. ozone standard, and now the bar is vulnerable communities escape poverty The coal mined in West Virginia made being raised again. This is unrealistic. and disease. this country what it is today. It made Counties not in compliance with the Anita founded a nonprofit organiza- the steel that built skyscrapers and the new standard could find it even harder tion that connects low-income women ships that won world wars. to attract and build new developments. in developing countries to quality

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

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VerDate Sep 11 2014 05:39 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A07JN7.000 H07JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3466 CONGRESSIONAL RECORD — HOUSE June 7, 2016 health services. She was especially children here in the U.S. but also son Institute, which helps fight addic- committed to expanding access to fam- across the world who are lacking in the tion. ily planning services and treating and nutrition to develop and grow as Wheelock Whitney was a man with a preventing HIV. human persons, fully alive. May we great heart. He lived to help others and Anita’s son, Rohan, is in the gallery who have so much work to provide strived to make Minnesota a wonderful today with his father, David. They will bread for the world, especially for place to live, and we will all miss him. join Anita’s friends and colleagues at a those in the first 1,000 days of their f reception this evening at the U.S. In- lives, from conception to early child- THE FAILURE OF HOUSE stitute of Peace to remember Anita hood. REPUBLICANS IN CONGRESS and celebrate the mark her work left As the Members of this people’s on so many. House return from the Memorial Day (Mr. KILDEE asked and was given Rohan recently moved to my home adjournment, bless them with the wis- permission to address the House for 1 district in New York. Rohan, we are dom and perseverance to attend to the minute.) proud and honored to have you in our pressing needs of all who hunger and Mr. KILDEE. Mr. Speaker, Repub- community. Your mom made the world thirst, for sustenance, and for justice. licans in Congress have failed to pass a a better place through her passion, May all that is done this day be for budget or to adequately address the spirit, and dedication to helping oth- Your greater honor and glory. health crises that we have brewing in ers. Her selfless commitment to service Amen. this country, including one in my own is one of the many indelible legacies f hometown of Flint, Michigan. Anita bestowed on Rohan and all those Now, this week, Speaker RYAN is try- who had the honor of knowing her. THE JOURNAL ing to distract the focus from Repub- I would also note that the Senate The SPEAKER. The Chair has exam- lican Party leader and presumptive passed, on February 1, 2016, a bipar- ined the Journal of the last day’s pro- nominee Donald Trump’s racist and tisan resolution, S. Res. 347, honoring ceedings and announces to the House bigoted remarks toward Mexican the memory and legacy of Anita Ashok his approval thereof. Americans and Muslim Americans. Datar; condemning the terrorist attack Pursuant to clause 1, rule I, the Jour- Releasing white papers is not enough in Bamako, Mali, on November 20, 2015; nal stands approved. to offset what the leader of your party and extending heartfelt condolences f is saying every day about American and prayers to the family, friends, and citizens. PLEDGE OF ALLEGIANCE colleagues of Anita Ashok Datar, par- Last week, for example, Donald ticularly her son, Rohan; and the indi- The SPEAKER. Will the gentleman Trump questioned the ability of an viduals touched by the life of Anita from Minnesota (Mr. EMMER) come for- American Federal judge to do his job— Ashok Datar or affected by her death, ward and lead the House in the Pledge this is a direct quote—because ‘‘he’s a including the dedicated development of Allegiance. Mexican.’’ He even doubled down on professionals and volunteers that con- Mr. EMMER of Minnesota led the this extreme position, questioning tinue to selflessly engage in critical Pledge of Allegiance as follows: whether a Muslim American judge humanitarian and development efforts. I pledge allegiance to the Flag of the could also properly do his job based on The text of S. Res. 347 can be found United States of America, and to the Repub- his religion, based on his beliefs. These on pages S134–S135 of the CONGRES- lic for which it stands, one nation under God, are deeply troubling, racist, un-Amer- indivisible, with liberty and justice for all. SIONAL RECORD, dated Wednesday, Jan- ican comments that cannot be toler- uary 20, 2016. f ated, that cannot be accepted. Honestly, if I felt as if the leadership We will continue to be inspired by REMEMBERING A TRUE in the House were doing its job to over- Anita’s dedication to helping others. MINNESOTAN come that so as to do its own job and f (Mr. EMMER of Minnesota asked and not align with those sorts of state- RECESS was given permission to address the ments by allowing its own legislation House for 1 minute.) The SPEAKER pro tempore. Pursu- to fail because of the willingness to fly Mr. EMMER of Minnesota. Mr. ant to clause 12(a) of rule I, the Chair the Confederate flag, it would be far Speaker, I rise to remember the life of declares the House in recess until 2 more acceptable. St. Cloud native Wheelock Whitney. p.m. today. The SPEAKER pro tempore (Mr. JEN- Mr. Whitney devoted his life to the Accordingly (at 12 o’clock and 8 min- KINS of West Virginia). The Chair will State of Minnesota and to our commu- utes p.m.), the House stood in recess. remind Members to refrain from engag- nity. ing in personalities towards presump- f Wheelock Whitney was born in St. tive nominees for the Office of the b 1400 Cloud, Minnesota, and joined the Navy President. following high school. After serving his f AFTER RECESS country, he attended Yale University The recess having expired, the House and went on to become the successful SPEAKER RYAN’S ‘‘A BETTER was called to order by the Speaker at 2 CEO of J.M. Dain & Company until he WAY’’ AGENDA p.m. retired in 1972. (Mr. WILSON of South Carolina f Wheelock’s passions, however, ex- asked and was given permission to ad- panded far past business. He served as dress the House for 1 minute and to re- PRAYER the mayor of Wayzata, Minnesota, and vise and extend his remarks.) The Chaplain, the Reverend Patrick ran for the U.S. Senate in 1964. He also Mr. WILSON of South Carolina. Mr. J. Conroy, offered the following prayer: ran for Governor of the State of Min- Speaker, this week, Speaker of the We give You thanks, O merciful God, nesota in 1982. Wheelock was active in House PAUL DAVIS RYAN presented a for giving us another day. politics throughout his long life. He positive program on what Republicans In these days after Memorial Day, we was also a baseball enthusiast and was support—A Better Way—which is our thank You again for the ultimate sac- instrumental in bringing our beloved vision for a confident America. rifices of so many of our citizen ances- Twins to Minnesota. Speaker RYAN has outlined a bold Re- tors. Bless their families with Your While Wheelock will, undoubtedly, be publican agenda that advances mean- consolation. Bless, as well, the men remembered for his successful career ingful reforms to address poverty, to and women who serve our Nation this and many endeavors, many of us will protect national security, to grow our day in our Armed Forces. remember him for his charity. Among economy and create jobs, to defend the O God, You have blessed every person his many charitable efforts, Wheelock Constitution, to improve health care, with the full measure of Your Grace served as the chairman of the National and to reform the Tax Code. The A Bet- and given us the bounty of Your Spirit. Council on Alcoholism and Drug De- ter Way program will provide positive We pray, especially today, for Your pendence, and he cofounded the John- opportunities for American families

VerDate Sep 11 2014 05:39 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.002 H07JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE June 7, 2016 CONGRESSIONAL RECORD — HOUSE H3467 and will chart the course that chal- dential academic intervention pro- curity Administration shall complete an as- lenges all Americans to reach their full gram. sessment of the Administration’s staffing al- potential. A grateful mother from Arkansas re- location model to determine the necessary The American Dream should be true cently shared with me the powerful im- staffing positions at all airports in the United States at which the Administration for everyone. All should have a chance pact that the camp has had on her operates passenger checkpoints. to make the most of their lives no mat- daughter’s development, allowing her (b) APPROPRIATE STAFFING.—The staffing ter how they start. The optimistic to better interact with her friends and allocation model described in subsection (a) agenda of creating jobs will get Amer- her classmates. Further, the camp has shall be based on necessary staffing levels to ica back on track while addressing provided critical guidance and informa- maintain minimal passenger wait times and some of the most serious challenges of tion to the mother to help her with her maximum security effectiveness. our time. I appreciate Speaker RYAN’s child’s development. (c) ADDITIONAL RESOURCES.—In assessing work to make this a positive and inclu- Under his leadership, the camp has necessary staffing for minimal passenger sive process by collecting feedback provided thousands of young Arkan- wait times and maximum security effective- from citizens across the country for A ness referred to in subsection (b), the Admin- sans with the opportunity to grow, istrator of the Transportation Security Ad- Better Way. learn, and build lasting friendships. I ministration shall include the use of canine In conclusion, God bless our troops, commend Mr. Tollette for his fruitful explosives detection teams and technology and may the President, by his actions, efforts, and I look forward to his con- to assist screeners conducting security never forget September the 11th in the tinued success. checks. (d) TRANSPARENCY.—The Administrator of global war on terrorism. f f the Transportation Security Administration RECESS shall share with aviation security stake- REMEMBERING COY LUTZ holders the staffing allocation model de- The SPEAKER pro tempore. Pursu- (Mr. THOMPSON of Pennsylvania scribed in subsection (a), as appropriate. ant to clause 12(a) of rule I, the Chair (e) EXCHANGE OF INFORMATION.—The Ad- asked and was given permission to ad- declares the House in recess until ap- dress the House for 1 minute and to re- ministrator of the Transportation Security proximately 3:45 p.m. today. Administration shall require each Federal vise and extend his remarks.) Accordingly (at 2 o’clock and 10 min- Security Director to engage on a regular Mr. THOMPSON of Pennsylvania. utes p.m.), the House stood in recess. basis with the appropriate aviation security Mr. Speaker, I rise in recognition of stakeholders to exchange information re- the tragic loss and in memory of 19- f garding airport operations, including secu- year-old Coy Lutz, a young man from b 1545 rity operations. my hometown of Howard, Pennsyl- (f) GAO REVIEW.—Not later than 180 days vania, who was killed in a New Jersey AFTER RECESS after the date of the enactment of this Act, the Comptroller General of the United States rodeo accident. The recess having expired, the House Coy was a four-time national quali- shall review the staffing allocation model de- was called to order by the Speaker pro scribed in subsection (a) and report to the fier and a two-time Pennsylvania State tempore (Mr. FARENTHOLD) at 3 o’clock Committee on Homeland Security of the champion in High School Rodeo Asso- and 45 minutes p.m. House of Representatives and the Committee ciations. He was also a 2015 graduate of on Commerce, Science, and Transportation f the Central Pennsylvania Institute of of the Senate on the results of such review. Science and Technology. He continued ANNOUNCEMENT BY THE SPEAKER SEC. 4. EFFECTIVE UTILIZATION OF STAFFING his education at the University of Ten- PRO TEMPORE RESOURCES. nessee at Martin, where he was major- (a) IN GENERAL.—To the greatest extent The SPEAKER pro tempore. Pursu- ing in criminal justice. practicable, the Administrator of the Trans- ant to clause 8 of rule XX, the Chair At the University of Tennessee, Coy portation Security Administration shall di- will postpone further proceedings was also pursuing his passion for rodeo. rect that Transportation Security Officers today on motions to suspend the rules Following his death, the university’s with appropriate certifications and training on which a recorded vote or the yeas are assigned to passenger and baggage secu- rodeo coach, John Luthi, said, ‘‘Even and nays are ordered, or on which the rity screening functions and that other Ad- though he was only here for 1 year, his vote incurs objection under clause 6 of ministration personnel who may not have impact will always be felt here at UT rule XX. certification and training to screen pas- Martin. He was a super human being sengers or baggage are utilized for tasks not Record votes on postponed questions who always took care of his business. directly related to security screening, in- will be taken later. It’s hard to imagine why something cluding restocking bins and providing in- like this had to happen, but we have f structions and support to passengers in secu- rity lines. faith that God is in control.’’ CHECKPOINT OPTIMIZATION AND My thoughts and prayers remain (b) ASSESSMENT AND REASSIGNMENT.—The EFFICIENCY ACT OF 2016 Administrator of the Transportation Secu- with the Lutz family, including Coy’s Mr. KATKO. Mr. Speaker, I move to rity Administration shall conduct an assess- parents, Doug and Sabine, along with ment of headquarters personnel and reassign his sisters, Melanie and Laura. suspend the rules and pass the bill appropriate personnel to assist with airport (H.R. 5338) to reduce passenger wait f security screening activities on a permanent times at airports, and for other pur- or temporary basis, as appropriate. PFEIFER KIWANIS CAMP AND EX- poses, as amended. SEC. 5. TSA STAFFING AND RESOURCE ALLOCA- ECUTIVE DIRECTOR SANFORD The Clerk read the title of the bill. TION. TOLLETTE The text of the bill is as follows: (a) IN GENERAL.—Not later than 30 days (Mr. HILL asked and was given per- H.R. 5338 after the date of the enactment of this Act, mission to address the House for 1 Be it enacted by the Senate and House of Rep- the Administrator of the Transportation Se- minute and to revise and extend his re- resentatives of the United States of America in curity Administration shall take the fol- marks.) Congress assembled, lowing actions: (1) Utilize the Administration’s Behavior Mr. HILL. Mr. Speaker, I rise to rec- SECTION 1. SHORT TITLE. Detection Officers for passenger and baggage ognize the dedicated and exceptional This Act may be cited as the ‘‘Checkpoint security screening, including the verification work of Mr. Sanford Tollette, the exec- Optimization and Efficiency Act of 2016’’. of traveler documents, particularly at des- utive director of the Joseph Pfeifer SEC. 2. SENSE OF CONGRESS. ignated PreCheck lanes to ensure that such Kiwanis Camp in Arkansas. It is the sense of Congress that airport lanes are operational for use and maximum The camp provides at-risk and under- checkpoint wait times should not take pri- efficiency. privileged children throughout Arkan- ority over the security of the Nation’s avia- (2) Make every practicable effort to grant tion system. sas with the opportunity to enhance additional flexibility and authority to Fed- SEC. 3. ENHANCED STAFFING ALLOCATION eral Security Directors in matters related to their education while experiencing na- MODEL. checkpoint and checked baggage staffing al- ture and the great outdoors. Originally (a) IN GENERAL.—Not later than 30 days location and employee overtime in further- a summer camp, Mr. Tollette has after the date of the enactment of this Act, ance of maintaining minimal passenger wait transformed it into a year-round resi- the Administrator of the Transportation Se- times and maximum security effectiveness.

VerDate Sep 11 2014 05:39 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.004 H07JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3468 CONGRESSIONAL RECORD — HOUSE June 7, 2016 (3) Disseminate to aviation security stake- There was no objection. by-airport basis, rather than a top- holders and appropriate Administration per- Mr. KATKO. Mr. Speaker, I yield my- down approach from TSA headquarters. sonnel a list of checkpoint optimization best self such time as I may consume. This bill will also direct the TSA to practices. We have all seen, heard about, or undergo a comprehensive workforce as- (4) Expand efforts to increase the public’s even experienced for ourselves the re- participation in the Administration’s sessment and report to Congress to en- PreCheck program, including deploying Ad- cent crisis of wait times at TSA check- sure that the agency is deploying per- ministration-approved ready-to-market pri- points at airports across this great Na- sonnel in the most risk-based manner. vate sector solutions and offering secure on- tion. With record passenger volumes, The TSA must also share its staffing line and mobile enrollment opportunities. inefficient staffing models, and col- practices with airport operators, air- (5) Request the Aviation Security Advisory laboration challenges with airports and lines, and labor organizations in order Committee (established pursuant to section airlines, the TSA has found itself to enhance the coordination between 44946 of title 49, United States Code) provide stretched way too thin. The fact of the peak travel times, flight schedules, and recommendations on best practices for matter is that security effectiveness checkpoint security operations optimization. TSA checkpoint staffing. (b) STAFFING ADVISORY COORDINATION.—Not and efficiency are not mutually exclu- Mr. Speaker, this wait time crisis is later than 30 days after the date of the enact- sive. an issue that touches airports across ment of this Act, the Administrator of the Now that the summer holiday season this great country, and a swift re- Transportation Security Administration is upon us, it is imperative that we sponse to problems like this is what shall— move to alleviate the nightmarish sce- the American people sent us here to ac- (1) direct each Federal Security Director to narios that have been playing out at complish. This legislation implements coordinate local representatives of aviation airports across the United States in re- security stakeholders to establish a staffing commonsense practices while pre- advisory working group at each airport at cent months. Passengers should not be venting a one-size-fits-all approach to which the Administration oversees or per- missing flights due to long security aviation security. Above all, the bill forms passenger security screening to pro- lines when they are arriving to the air- explicitly states that security is para- vide recommendations to the Administrator port 2 hours prior to their flights. mount and that wait times should not on Transportation Security Officer staffing Similarly, airports should not be ap- be prioritized at the expense of effec- numbers, for such airport; and proaching an operational ground stop tive security screening. (2) certify to the Committee on Homeland related to TSA checkpoint lines. Also, I thank the chairman of the full com- Security of the House of Representatives and they should not be having to sleep mittee, Mr. MCCAUL, for his strong sup- the Committee on Commerce, Science, and Transportation of the Senate that such staff- overnight on cots, in airports, because port of this legislation and for ensuring ing advisory working groups have been es- of TSA snafus. that it was a top priority for the com- tablished. The House has already passed impor- mittee. Additionally, I thank Ranking (c) REPORTING.—Not later than 60 days tant legislation to expand TSA Member RICE and Representative after the date of the enactment of this Act, PreCheck, which is still awaiting pas- KEATING for their bipartisan support on the Administrator of the Transportation Se- sage in the Senate. Getting more pas- this bill. I also thank the ranking mi- curity Administration shall— sengers enrolled in PreCheck is essen- (1) report to the Committee on Homeland nority member on the Homeland Secu- Security of the House of Representatives and tial to security and efficiency by iden- rity Committee, my colleague who the Committee on Commerce, Science, and tifying low-risk travelers and expe- works with us hand in hand again and Transportation of the Senate regarding how diting them through screening. Today, again on these matters, Mr. THOMPSON. the Administration’s Passenger Screening we have the opportunity to act again We are here, before Congress, passing Canine assets may be deployed and utilized and swiftly. When I came to Congress, yet another bill in a bipartisan man- for maximum efficiency to mitigate risk and I made a commitment to my constitu- ner. This is what Congress is supposed optimize checkpoint operations; and ents to tackle problems head-on and to do, and I thank Mr. THOMPSON for (2) report to the Committee on Homeland get things done. Security of the House of Representatives and his support. I also express thanks to the Committee on Commerce, Science, and A few weeks ago, my colleagues and each of the bill’s cosponsors for recog- Transportation of the Senate on the status I had convened representatives from nizing the importance of this issue. of the Administration’s Credential Authen- airports and airlines from across this Mr. Speaker, I reserve the balance of tication Technology Assessment program country to discuss this wait time crisis my time. and how deployment of such program might and to hear directly from them what Mr. THOMPSON of Mississippi. Mr. optimize checkpoint operations. they think needs to be done to help. Speaker, I yield myself such time as I SEC. 6. AVIATION SECURITY STAKEHOLDERS DE- The message was consistent, and it was may consume. FINED. loud: the TSA needs to collaborate I rise in support of H.R. 5338, the For purposes of this Act, the term ‘‘avia- tion security stakeholders’’ shall mean, at a with individual airlines and airport au- Checkpoint Optimization and Effi- minimum, air carriers, airport operators, thorities to coordinate sufficient staff- ciency Act of 2016. and labor organizations representing Trans- ing levels on a local basis. Over the past few months, the Trans- portation Security Officers or, where appli- We heard their message. This bill will portation Security Administration has cable, contract screeners. require the TSA to maximize all of its been scrutinized and criticized regard- SEC. 7. RULE OF CONSTRUCTION. available resources and give airports, ing wait times. As the peak travel sea- Nothing in this Act may be construed as airlines, and labor organizations a seat son began, there were several reports of authorizing or directing the Administrator wait times that exceeded 2 hours. of the Transportation Security Administra- at the table to ensure those resources tion to prioritize reducing wait times over are being utilized and allocated in the Those lengthy waits caused anxiety security effectiveness. most effective and efficient manner. and disappointment among travelers. The SPEAKER pro tempore. Pursu- The Checkpoint Optimization and Ef- At times, the prolonged wait times ant to the rule, the gentleman from ficiency Act will make a meaningful caused many passengers to miss their New York (Mr. KATKO) and the gen- impact in shortening the burdensome flights. tleman from Mississippi (Mr. THOMP- security wait times being experienced In response to this crisis, the Depart- SON) each will control 20 minutes. by Americans who travel through air- ment of Homeland Security and the The Chair recognizes the gentleman ports across this country. It is critical Transportation Security Administra- from New York. that Congress act to swiftly get this tion took a series of actions. The TSA GENERAL LEAVE bill to the President’s desk. deployed additional K–9 teams to Mr. KATKO. Mr. Speaker, I ask Specifically, this legislation rede- screen passengers at checkpoints; it in- unanimous consent that all Members ploys TSA assets, such as behavior de- tensified its efforts to promote partici- have 5 legislative days within which to tection officers, of which there are pation in the PreCheck program; it revise and extend their remarks and to 3,000, and K–9 teams so that more per- partnered more closely with airlines include any extraneous materials on sonnel are made available to perform and airports; and it increased research the bill under consideration. screening functions. Further, the bill and development efforts for tech- The SPEAKER pro tempore. Is there grants additional flexibility to local nologies that will improve screening. objection to the request of the gen- TSA supervisors in order to empower This bill codifies many of those ac- tleman from New York? them to make decisions on an airport- tions. However, it does not encompass

VerDate Sep 11 2014 05:39 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\A07JN7.002 H07JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE June 7, 2016 CONGRESSIONAL RECORD — HOUSE H3469 the entirety of the Department’s ef- dren is even more stressful, as my wife protect passengers from terrorist forts to address the wait times crisis. and I can empathize with. Missing a threats and to make sure that pas- DHS Secretary Johnson also re- flight because of ridiculously long lines sengers are screened in the most effi- quested that $34 million in appropria- at security is unacceptable. At the cient manner possible. This is, really, a tions be reprogrammed from other TSA same time, we need a system that two-pronged approach. In one, my accounts to help cover the costs for guarantees passenger safety. friend from Mississippi talked about overtime, converting part-time work- It is all of our jobs here in Congress the FASTER Act, which is, again, try- ers to full-time, and expediting the hir- to ensure that our constituents are ing to make sure that the resources ing of new transportation security offi- safe, and it is the responsibility of TSA that passengers pay are actually going cers. DHS’ request was approved. Just 2 officers to ensure travelers are thor- toward the TSA to make sure that it weeks after the reprogramming, Sec- oughly screened. This legislation will has the manpower necessary to do the retary Johnson requested an additional boost their efficiency in doing so. Re- screening. infusion of cash to TSA operations of viewing the TSA’s staffing model is Today’s bill, the Checkpoint Optimi- $28 million. That reprogramming re- necessary to determine best practices zation and Efficiency Act, will go a quest is pending. The infusion of $34 and implement them as soon as pos- long way towards ensuring that the million in additional resources into sible. This legislation increases trans- TSA updates the screening procedures TSA security operations has had a tre- parency and accountability. Examining to improve customer service at the Na- mendous impact on wait times at the big-picture problems with the current tion’s busiest airports. This bill will Nation’s airports. In fact, during the system and tackling the issues at the ensure that TSA position screeners are Memorial Day weekend, most airports source will help to reduce passenger where they are needed most, which, I reported wait times of less than 30 min- wait times and will ensure the safety of think, is absolutely critical. The bill utes during peak time. all of our constituents. will allow the TSA to reallocate K–9 If the TSA is to maintain the oper- This legislation presents a common- teams to the Nation’s busiest airports ational gains that have been realized in sense approach in addressing the air- or where they are needed. K–9 detect- recent weeks and keep wait times port wait times issue, and I urge my ing teams are a vital tool in ensuring down, it will require Congress’ stepping colleagues to support H.R. 5338. the quick and effective screening of Mr. THOMPSON of Mississippi. Mr. up and providing resources. Even passengers. Speaker, I reserve the balance of my though the measures within this bill Mr. Speaker, just this last week, I will codify much of what the TSA and time. Mr. KATKO. Mr. Speaker, I yield 3 was at O’Hare. I went down and had an the DHS are already doing to address minutes to the distinguished gen- opportunity to talk with some of the the issue, the only way to achieve long- K–9 screeners in Chicago. One actually tleman from Illinois (Mr. DOLD). term, measurable success is by giving Mr. DOLD. I, certainly, thank my came from Fairbanks, Alaska, and the the TSA the resources it needs on an good friend from New York for yielding other one came in from Cincinnati. ongoing basis. the time. b 1600 The TSA’s current staffing is out of I thank my friend from Mississippi, There is no question that there was a step with its own projection for vol- who talked a little bit before about the huge issue at O’Hare that needed to be umes in fiscal year 2016. As you can see bill that we are working on together, rectified, and what this legislation from the poster, the TSA’s staffing in that being the FASTER Act, which I do does—and the gentleman from New fiscal year 2016 was 42,525 TSOs, which believe is a step in the right direction. is nearly 2,500 fewer frontline staff Mr. Speaker, I represent a district York proposes—will allow that flexi- than in fiscal year 2011. The TSA is ex- just north of Chicago, so the airport bility to happen. pected to screen nearly 100 million that I go in and out of right now is Chi- Finally, I want to just talk about the more passengers in FY 2016, with about cago’s O’Hare—the busiest airport in TSA’s Federal Security Directors and 2,500 fewer staff. the country. In fact, we believe about making sure that they are placed at That is why I joined with Represent- 77 million passengers are going to go the busiest airports and have some of ative DEFAZIO and Representative through O’Hare this year—77 million. the flexibility that they need to make DOLD in introducing H.R. 5340, the It is not uncommon, obviously, for me the staffing decisions that are best for FASTER Act, which is bipartisan legis- to go there and have extremely long the people. lation that directs the money that is wait times at the TSA. Unfortunately, The bill today, I believe, will go a collected from the flying public what we have seen more recently is long way toward alleviating the crisis through the September 11 Security Fee these wait times continuing to build— at our busiest airports around the to actually be used to secure the Na- to build so much that, actually, the country and will help make sure that tion’s commercial aviation system. Un- wait time is longer than the flight, our hours-long wait times will be re- fortunately, a significant portion of itself, which, to me, is completely un- duced and diminished. the funds collected, which has totaled acceptable. Frankly, the American I certainly hope my colleagues on $12.6 billion over 10 years, is being di- public deserves a little bit more ac- both sides of the aisle will support this verted to offset the Federal budget. I countability. legislation. urge Members to support H.R. 5340, the Over the past few weeks, these long Mr. THOMPSON of Mississippi. Mr. FASTER Act. wait times, obviously, have been exac- Speaker, I yield myself the balance of Mr. Speaker, I reserve the balance of erbated, so we have put on a Band- my time to close. my time. Aid—a patch—to try to make sure that Mr. Speaker, the measure under con- Mr. KATKO. Mr. Speaker, I yield 1 we have a little bit more staffing at sideration will codify much of what the minute to the distinguished gentleman some of these busiest of airports Department and TSA have been doing from Ohio (Mr. JOYCE). around the country, and we have seen to address wait times at our Nation’s Mr. JOYCE. Mr. Speaker, I rise in those wait times come down. Yet what airports. Thankfully, through bipar- support of H.R. 5338, the Checkpoint we do know is that people are missing tisan negotiations on this measure, we Optimization and Efficiency Act of their flights. People who have missed were able to ensure that when local 2016. their flights, at least in the last couple airport working groups are stood up, Every week, when I come and go of weeks, have been able to be put on the voices of the airport operators, air from the Cleveland airport, I worry flights without too much inconven- carriers, and those who represent the about the chaotic lines and the long ience. If this were to happen this sum- men and women on the front lines of wait times in security. I am glad for mer, the chances are, at least from the aviation security would be heard. the opportunity to speak in support of airlines, they wouldn’t be able to get Also, I am pleased that the bill, as legislation that intends to alleviate on their flights for a week or more, amended, takes a broader view on how this ever-growing problem. I am in- which could completely disrupt family behavior detection officers could be creasingly hearing from constituents vacations and the like. used at our airports. I have long been about the frustration of subjecting one- The current screening procedures skeptical of TSA’s investment in the self to air travel. Traveling with chil- need to be updated to ensure that we Behavior Detection Officer program,

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given the risks of racial or ethnic ticular, I wish to thank Ranking Member RICE Sec. 302. Requirement for enrollment data profiling and the lack of science to and Representative KEATING for lending their reporting for Medicare. back TSA’s claim of this security effec- support to the bill and for their engagement Sec. 303. Updating the Welcome to Medicare package. tiveness. and work on enhancing transportation security. I am pleased that Chairman KATKO I urge my colleagues to support this critical TITLE I—PROVISIONS RELATING TO was receptive to repurposing this posi- legislation. MEDICARE PART A tion, at the Federal Security Director’s The SPEAKER pro tempore. The SEC. 101. DEVELOPMENT OF MEDICARE STUDY FOR HCPCS VERSION OF MS–DRG discretion, to any alternate position question is on the motion offered by CODES FOR SIMILAR HOSPITAL within TSA’s checkpoint screening the gentleman from New York (Mr. SERVICES. functions. KATKO) that the House suspend the Section 1886 of the Social Security Act (42 I, once again, urge Members to sup- rules and pass the bill, H.R. 5338, as U.S.C. 1395ww) is amended by adding at the port H.R. 5340, the FASTER Act, as it amended. end the following new subsection: will ensure that TSA receives funding The question was taken; and (two- ‘‘(t) RELATING SIMILAR INPATIENT AND OUT- it needs to acquire and maintain staff thirds being in the affirmative) the PATIENT HOSPITAL SERVICES.— and resources to efficiently carry out rules were suspended and the bill, as ‘‘(1) DEVELOPMENT OF HCPCS VERSION OF MS– DRG CODES.— its mission without compromising se- amended, was passed. ‘‘(A) IN GENERAL.—Not later than January curity effectiveness. A motion to reconsider was laid on 1, 2018, the Secretary shall develop HCPCS I yield back the balance of my time. the table. versions for MS–DRGs that is similar to the Mr. KATKO. Mr. Speaker, I yield my- f ICD–10–PCS for such MS–DRGs such that, to self the balance of my time to close. the extent possible, the MS–DRG assignment The threats facing our Nation’s avia- HELPING HOSPITALS IMPROVE shall be similar for a claim coded with the tion system are constantly changing PATIENT CARE ACT OF 2016 HCPCS version as an identical claim coded and adapting. For this reason, TSA’s Mr. TIBERI. Mr. Speaker, I move to with a ICD–10–PCS code. mission is not only difficult, but crit- suspend the rules and pass the bill ‘‘(B) COVERAGE OF SURGICAL MS–DRGS.—In (H.R. 5273) to amend title XVIII of the carrying out subparagraph (A), the Secretary ical to the national security of the shall develop HCPCS versions of MS–DRG United States and the safety of trav- Social Security Act to provide for reg- codes for not fewer than 10 surgical MS– eling Americans. ulatory relief under the Medicare pro- DRGs. I, again, wish to thank all of the bi- gram for certain providers of services ‘‘(C) PUBLICATION AND DISSEMINATION OF partisan cosponsors of this legislation, and suppliers and increased trans- THE HCPCS VERSIONS OF MS–DRGS.— and I urge my colleagues to support parency in hospital coding and enroll- ‘‘(i) IN GENERAL.—The Secretary shall de- this bill. ment data, and for other purposes, as velop a HCPCS MS–DRG definitions manual I yield back the balance of my time. amended. and software that is similar to the defini- tions manual and software for ICD–10–PCS Mr. MCCAUL. Mr. Speaker, the traveling The Clerk read the title of the bill. The text of the bill is as follows: codes for such MS–DRGs. The Secretary public is suffering from staggeringly long air- shall post the HCPCS MS–DRG definitions port wait times. As the busy summer travel H.R. 5273 manual and software on the Internet website season has begun, I am consistently hearing Be it enacted by the Senate and House of Rep- of the Centers for Medicare & Medicaid Serv- reports of missed flights, delays, and two-hour resentatives of the United States of America in ices. The HCPCS MS–DRG definitions man- plus wait times at TSA security checkpoints. Congress assembled, ual and software shall be in the public do- This bipartisan legislation includes meaningful SECTION 1. SHORT TITLE; TABLE OF CONTENTS. main and available for use and redistribution reforms that the Homeland Security Com- (a) SHORT TITLE.—This Act may be cited as without charge. the ‘‘Helping Hospitals Improve Patient Care ‘‘(ii) USE OF PREVIOUS ANALYSIS DONE BY mittee has identified to address wait times, Act of 2016’’. MEDPAC.—In developing the HCPCS MS–DRG while making sure that the traveling public re- (b) TABLE OF CONTENTS.—The table of con- definitions manual and software under mains safe. I also want to encourage the Sen- tents for this Act is as follows: clause (i), the Secretary shall consult with ate to act on other House-passed bills that Sec. 1. Short title; table of contents. the Medicare Payment Advisory Commission would help alleviate checkpoint wait times. TITLE I—PROVISIONS RELATING TO and shall consider the analysis done by such TSA’s Admiral Neffenger testified before my MEDICARE PART A Commission in translating outpatient sur- gical claims into inpatient surgical MS– committee that the provisions outlined in H.R. Sec. 101. Development of Medicare study for DRGs in preparing chapter 7 (relating to hos- 5338 would help optimize checkpoints and re- HCPCS version of MS–DRG pital short-stay policy issues) of its ‘Medi- duce the burden on TSA and passengers. Our codes for similar hospital serv- care and the Health Care Delivery System’ ices. bill has also received overwhelming support report submitted to Congress in June 2015. Sec. 102. Establishing beneficiary equity in from transportation stakeholders, such as the ‘‘(D) DEFINITION AND REFERENCE.—In this the Medicare hospital readmis- airport and airline community. paragraph: sion program. The Checkpoint Optimization and Efficiency Sec. 103. Five-year extension of the rural ‘‘(i) HCPCS.—The term ‘HCPCS’ means, Act redeploys TSA personnel to enhance staff- community hospital dem- with respect to hospital items and services, ing and increase operational capability, allow- onstration program. the code under the Healthcare Common Pro- ing more screening lanes to be open. The bill Sec. 104. Regulatory relief for LTCHs. cedure Coding System (HCPCS) (or a suc- ushers in a new era of transparency and ac- Sec. 105. Savings from IPPS MACRA pay-for cessor code) for such items and services. through not applying docu- ‘‘(ii) ICD–10–PCS.—The term ‘ICD–10–PCS’ countability between TSA and its airport and means the International Classification of airline stakeholders, while pushing continued mentation and coding adjust- ments. Diseases, 10th Revision, Procedure Coding expansion of TSA’s PreCheck program, which System, and includes a subsequent revision TITLE II—PROVISIONS RELATING TO the House has already sought to expand with of such International Classification of Dis- MEDICARE PART B the passage of the TSA PreCheck Expansion eases, Procedure Coding System.’’. Sec. 201. Continuing Medicare payment Act. SEC. 102. ESTABLISHING BENEFICIARY EQUITY under HOPD prospective pay- IN THE MEDICARE HOSPITAL READ- Mr. Speaker, the President’s recent budget ment system for services fur- requests have failed to predict the resources MISSION PROGRAM. nished by mid-build off-campus (a) TRANSITIONAL ADJUSTMENT FOR DUAL that were needed to mitigate this problem be- outpatient departments of pro- ELIGIBLE POPULATION.—Section 1886(q)(3) of fore it started. In fact, last year, TSA gave viders. the Social Security Act (42 U.S.C. $100 million back to the U.S. Treasury. Now, Sec. 202. Treatment of cancer hospitals in 1395ww(q)(3)) is amended— Secretary Johnson has had to ask Congress off-campus outpatient depart- (1) in subparagraph (A), by inserting ‘‘sub- for reprogramming requests to alleviate the ment of a provider policy. ject to subparagraph (D),’’ after ‘‘purposes of Sec. 203. Treatment of eligible professionals burden placed on TSA operations. While these paragraph (1),’’; and in ambulatory surgical centers (2) by adding at the end the following new reprogramming requests were necessary, I am for meaningful use and MIPS. pleased that this legislation will go a step fur- subparagraph: TITLE III—OTHER MEDICARE ‘‘(D) TRANSITIONAL ADJUSTMENT FOR DUAL ther by reallocating existing assets in a much PROVISIONS ELIGIBLES.— more effective manner. Sec. 301. Delay in authority to terminate ‘‘(i) IN GENERAL.—In determining a hos- I wish to thank Chairman KATKO for his contracts for Medicare Advan- pital’s adjustment factor under this para- leadership on this important issue, as well as tage plans failing to achieve graph for purposes of making payments for each of the cosponsors of the bill. In par- minimum quality ratings. discharges occurring during and after fiscal

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year 2019, and before the application of ‘‘(iii) REMOVAL OF CERTAIN READMISSIONS.— (b) CHANGE IN TIMING FOR REPORT.—Sub- clause (i) of subparagraph (E), the Secretary In promulgating regulations to carry out section (e) of such section 410A is amended— shall assign hospitals to groups (as defined this subsection, with respect to discharges (1) by striking ‘‘Not later than 6 months by the Secretary under clause (ii)) and apply occurring after fiscal year 2018, the Sec- after the completion of the demonstration the applicable provisions of this subsection retary may consider removal as a readmis- program under this section’’ and inserting using a methodology in a manner that allows sion of an admission that is classified within ‘‘Not later than August 1, 2018’’; and for separate comparison of hospitals within one or more of the following: transplants, (2) by striking ‘‘such program’’ and insert- each such group, as determined by the Sec- end-stage renal disease, burns, trauma, psy- ing ‘‘the demonstration program under this retary. chosis, or substance abuse. The Secretary section’’. ‘‘(ii) DEFINING GROUPS.—For purposes of may consider modifying measures under this SEC. 104. REGULATORY RELIEF FOR LTCHS. this subparagraph, the Secretary shall define subsection to remove readmissions at the (a) TECHNICAL CHANGE TO THE MEDICARE groups of hospitals based on their overall same time as other changes are being made LONG-TERM CARE HOSPITAL MORATORIUM EX- proportion, of the inpatients who are enti- under this subparagraph.’’. CEPTION.— tled to, or enrolled for, benefits under part SEC. 103. FIVE-YEAR EXTENSION OF THE RURAL (1) IN GENERAL.—Section 114(d)(7) of the A, who are full-benefit dual eligible individ- COMMUNITY HOSPITAL DEM- Medicare, Medicaid, and SCHIP Extension uals (as defined in section 1935(c)(6)). In de- ONSTRATION PROGRAM. Act of 2007 (42 U.S.C. 1395ww note), as amend- fining groups, the Secretary shall consult (a) EXTENSION.—Section 410A of the Medi- ed by sections 3106(b) and 10312(b) of Public the Medicare Payment Advisory Commission care Prescription Drug, Improvement, and Law 111–148, section 1206(b)(2) of the Pathway and may consider the analysis done by such Modernization Act of 2003 (Public Law 108– for SGR Reform Act of 2013 (division B of Commission in preparing the portion of its 173; 42 U.S.C. 1395ww note), as amended by Public Law 113–67), and section 112 of the report submitted to Congress in June 2013 re- sections 3123 and 10313 of the Patient Protec- Protecting Access to Medicare Act of 2014, is lating to readmissions. tion and Affordable Care Act (Public Law amended by striking ‘‘The moratorium under ‘‘(iii) MINIMIZING REPORTING BURDEN ON 111–148), is amended— paragraph (1)(A)’’ and inserting ‘‘Any mora- HOSPITALS.—In carrying out this subpara- (1) in subsection (a)(5), by striking ‘‘5-year graph, the Secretary shall not impose any extension period’’ and inserting ‘‘10-year ex- torium under paragraph (1)’’. additional reporting requirements on hos- tension period’’; and (2) EFFECTIVE DATE.—The amendment pitals. (2) in subsection (g)— made by paragraph (1) shall take effect as if ‘‘(iv) BUDGET NEUTRAL DESIGN METHOD- (A) in the subsection heading, by striking included in the enactment of section 112 of OLOGY.—The Secretary shall design the ‘‘FIVE-YEAR’’ and inserting ‘‘TEN-YEAR’’; the Protecting Access to Medicare Act of methodology to implement this subpara- (B) in paragraph (1), by striking ‘‘addi- 2014. graph so that the estimated total amount of tional 5-year’’ and inserting ‘‘additional 10- (b) MODIFICATION TO MEDICARE LONG-TERM reductions in payments under this sub- year’’; CARE HOSPITAL HIGH COST OUTLIER PAY- section equals the estimated total amount of (C) by striking ‘‘5-year extension period’’ MENTS.—Section 1886(m) of the Social Secu- reductions in payments that would otherwise and inserting ‘‘10-year extension period’’ rity Act (42 U.S.C. 1395ww(m)) is amended by occur under this subsection if this subpara- each place it appears; adding at the end the following new para- graph did not apply.’’. (D) in paragraph (4)(B)— graph: (b) SUBSEQUENT ADJUSTMENTS BASED ON (i) in the matter preceding clause (i), by in- ‘‘(7) TREATMENT OF HIGH COST OUTLIER PAY- IMPACT REPORTS.—Section 1886(q)(3) of the serting ‘‘each 5-year period in’’ after ‘‘hos- MENTS.— Social Security Act (42 U.S.C. 1395ww(q)(3)), pital during’’; and ‘‘(A) ADJUSTMENT TO THE STANDARD FED- as amended by subsection (a), is further (ii) in clause (i), by inserting ‘‘each appli- ERAL PAYMENT RATE FOR ESTIMATED HIGH amended by adding at the end the following cable 5-year period in’’ after ‘‘the first day COST OUTLIER PAYMENTS.—Under the system new subparagraph: of’’; and described in paragraph (1), for fiscal years ‘‘(E) CHANGES IN RISK ADJUSTMENT.— (E) by adding at the end the following new beginning on or after October 1, 2017, the ‘‘(i) CONSIDERATION OF RECOMMENDATIONS IN paragraphs: Secretary shall reduce the standard Federal IMPACT REPORTS.—The Secretary may take ‘‘(5) OTHER HOSPITALS IN DEMONSTRATION payment rate as if the estimated aggregate into account the studies conducted and the PROGRAM.—During the second 5 years of the amount of high cost outlier payments for recommendations made by the Secretary 10-year extension period, the Secretary shall standard Federal payment rate discharges under section 2(d)(1) of the IMPACT Act of apply the provisions of paragraph (4) to rural for each such fiscal year would be equal to 8 2014 (Public Law 113–185; 42 U.S.C. 1395lll community hospitals that are not described percent of estimated aggregate payments for note) with respect to the application under in paragraph (4) but are participating in the standard Federal payment rate discharges this subsection of risk adjustment meth- demonstration program under this section as for each such fiscal year. odologies. Nothing in this clause shall be of December 30, 2014, in a similar manner as ‘‘(B) LIMITATION ON HIGH COST OUTLIER PAY- construed as precluding consideration of the such provisions apply to rural community MENT AMOUNTS.—Notwithstanding subpara- use of groupings of hospitals.’’. hospitals described in paragraph (4). graph (A), the Secretary shall set the fixed (c) MEDPAC STUDY ON READMISSIONS PRO- ‘‘(6) EXPANSION OF DEMONSTRATION PRO- loss amount for high cost outlier payments GRAM.—The Medicare Payment Advisory GRAM TO RURAL AREAS IN ANY STATE.— such that the estimated aggregate amount of Commission shall conduct a study to review ‘‘(A) IN GENERAL.—The Secretary shall, high cost outlier payments made for stand- overall hospital readmissions described in notwithstanding subsection (a)(2) or para- ard Federal payment rate discharges for fis- section 1886(q)(5)(E) of the Social Security graph (2) of this subsection, not later than cal years beginning on or after October 1, Act (42 U.S.C. 1395ww(q)(5)(E)) and whether 120 days after the date of the enactment of 2017, shall be equal to 99.6875 percent of 8 per- such readmissions are related to any changes this paragraph, issue a solicitation for appli- cent of estimated aggregate payments for in outpatient and emergency services fur- cations to select up to the maximum number standard Federal payment rate discharges nished. The Commission shall submit to Con- of additional rural community hospitals lo- for each such fiscal year. gress a report on such study in its report to cated in any State to participate in the dem- ‘‘(C) WAIVER OF BUDGET NEUTRALITY.—Any Congress in June 2017. onstration program under this section for reduction in payments resulting from the ap- (d) ADDRESSING ISSUE OF CERTAIN PA- the second 5 years of the 10-year extension plication of subparagraph (B) shall not be TIENTS.—Subparagraph (E) of section 1886(q)(3) of the Social Security Act (42 period without exceeding the limitation taken into account in applying any budget U.S.C. 1395ww(q)(3)), as added by subsection under paragraph (3) of this subsection. neutrality provision under such system. (b), is further amended by adding at the end ‘‘(B) PRIORITY.—In determining which ‘‘(D) NO EFFECT ON SITE NEUTRAL HIGH COST the following new clause: rural community hospitals that submitted OUTLIER PAYMENT RATE.—This paragraph ‘‘(ii) CONSIDERATION OF EXCLUSION OF PA- an application pursuant to the solicitation shall not apply with respect to the computa- TIENT CASES BASED ON V OR OTHER APPRO- under subparagraph (A) to select for partici- tion of the applicable site neutral payment PRIATE CODES.—In promulgating regulations pation in the demonstration program, the rate under paragraph (6).’’. to carry out this subsection with respect to Secretary— SEC. 105. SAVINGS FROM IPPS MACRA PAY-FOR discharges occurring after fiscal year 2018, ‘‘(i) shall give priority to rural community THROUGH NOT APPLYING DOCU- the Secretary may consider the use of V or hospitals located in one of the 20 States with MENTATION AND CODING ADJUST- other ICD-related codes for removal of a re- the lowest population densities (as deter- MENTS. admission. The Secretary may consider mined by the Secretary using the 2015 Statis- Section 7(b)(1)(B)(iii) of the TMA, Absti- modifying measures under this subsection to tical Abstract of the United States); and nence Education, and QI Programs Extension incorporate V or other ICD-related codes at ‘‘(ii) may consider— Act of 2007 (Public Law 110–90), as amended the same time as other changes are being ‘‘(I) closures of hospitals located in rural by section 631(b) of the American Taxpayer made under this subparagraph.’’. areas in the State in which the rural commu- Relief Act of 2012 (Public Law 122–240) and (e) REMOVAL OF CERTAIN READMISSIONS.— nity hospital is located during the 5-year pe- section 414(1)(B)(iii) of the Medicare Access Subparagraph (E) of section 1886(q)(3) of the riod immediately preceding the date of the and CHIP Reauthorization Act of 2015 (Pub- Social Security Act (42 U.S.C. 1395ww(q)(3)), enactment of this paragraph; and lic Law 114–10), is amended by striking ‘‘an as added by subsection (b) and amended by ‘‘(II) the population density of the State in increase of 0.5 percentage points for dis- subsection (d), is further amended by adding which the rural community hospital is lo- charges occurring during each of fiscal years at the end the following new clause: cated.’’. 2018 through 2023’’ and inserting ‘‘an increase

VerDate Sep 11 2014 05:39 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\A07JN7.004 H07JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3472 CONGRESSIONAL RECORD — HOUSE June 7, 2016 of 0.4590 percentage points for discharges oc- ‘‘(III) For purposes of carrying out this account payment rates for applicable items curring during fiscal year 2018 and 0.5 per- subparagraph with respect to clauses (iii) and services described in paragraph (21)(C) centage points for discharges occurring dur- and (iv) (and clause (vii) insofar as it relates other than for services furnished by hos- ing each of fiscal years 2019 through 2023’’. to clause (iv)), $10,000,000 shall be available pitals described in section 1886(d)(1)(B)(v). In TITLE II—PROVISIONS RELATING TO from the Federal Supplementary Medical In- making any budget neutrality adjustments MEDICARE PART B surance Trust Fund under section 1841, to re- under this subsection for 2018 or a subse- SEC. 201. CONTINUING MEDICARE PAYMENT main available until December 31, 2018.’’; and quent year, the Secretary shall not take into UNDER HOPD PROSPECTIVE PAY- (2) in subparagraph (E), by adding at the account the reduced expenditures that result MENT SYSTEM FOR SERVICES FUR- end the following new clause: from the application of this subparagraph.’’. NISHED BY MID-BUILD OFF-CAMPUS ‘‘(iv) The determination of an audit under (c) EFFECTIVE DATE.—The amendments OUTPATIENT DEPARTMENTS OF subparagraph (B)(vii).’’. made by this section shall be effective as if PROVIDERS. (b) EFFECTIVE DATE.—The amendments included in the enactment of section 603 of (a) IN GENERAL.—Section 1833(t)(21) of the made by this section shall be effective as if the Bipartisan Budget Act of 2015 (Public Social Security Act (42 U.S.C. 1395l(t)(21)) is included in the enactment of section 603 of Law 114–74). amended— the Bipartisan Budget Act of 2015 (Public SEC. 203. TREATMENT OF ELIGIBLE PROFES- (1) in subparagraph (B)— Law 114–74). SIONALS IN AMBULATORY SURGICAL (A) in clause (i), by striking ‘‘clause (ii)’’ SEC. 202. TREATMENT OF CANCER HOSPITALS IN CENTERS FOR MEANINGFUL USE and inserting ‘‘the subsequent provisions of OFF-CAMPUS OUTPATIENT DEPART- AND MIPS. this subparagraph’’; and MENT OF A PROVIDER POLICY. (a) IN GENERAL.—Section 1848(a)(7)(D) of (B) by adding at the end the following new (a) IN GENERAL.—Section 1833(t)(21)(B) of the Social Security Act (42 U.S.C. 1395w– clauses: the Social Security Act (42 U.S.C. 4(a)(7)(D)) is amended— ‘‘(iii) DEEMED TREATMENT FOR 2017.—For 1395l(t)(21)(B)), as amended by section 201(a), (1) by striking ‘‘HOSPITAL-BASED ELIGIBLE purposes of applying clause (ii) with respect is amended— PROFESSIONALS’’ and all that follows through to applicable items and services furnished (1) by inserting after clause (v) the fol- ‘‘No payment’’ and inserting the following: during 2017, a department of a provider (as so lowing new clause: ‘‘HOSPITAL-BASED AND AMBULATORY SURGICAL defined) not described in such clause is ‘‘(vi) EXCLUSION FOR CERTAIN CANCER HOS- CENTER-BASED ELIGIBLE PROFESSIONALS.— deemed to be billing under this subsection PITALS.—For purposes of paragraph (1)(B)(v) ‘‘(i) HOSPITAL-BASED.—No payment’’; and with respect to covered OPD services fur- and this paragraph with respect to applicable (2) by adding at the end the following new nished prior to November 2, 2015, if the Sec- items and services furnished during 2017 or a clauses: retary received from the provider prior to subsequent year, the term ‘off-campus out- ‘‘(ii) AMBULATORY SURGICAL CENTER- December 2, 2015, an attestation (pursuant to patient department of a provider’ also shall BASED.—Subject to clause (iv), no payment section 413.65(b)(3) of title 42 of the Code of not include a department of a provider (as so adjustment may be made under subpara- Federal Regulations) that such department defined) that is not described in clause (ii) if graph (A) for 2017 and 2018 in the case of an was a department of a provider (as so de- the provider is a hospital described in sec- eligible professional with respect to whom fined). tion 1886(d)(1)(B)(v) and— substantially all of the covered professional ‘‘(iv) ALTERNATIVE EXCEPTION BEGINNING ‘‘(I) in the case of a department that met services furnished by such professional are WITH 2018.—For purposes of paragraph the requirements of section 413.65 of title 42 furnished in an ambulatory surgical center. (1)(B)(v) and this paragraph with respect to of the Code of Federal Regulations after No- ‘‘(iii) DETERMINATION.—The determination applicable items and services furnished dur- vember 1, 2015, and before the date of the en- of whether an eligible professional is an eli- ing 2018 or a subsequent year, the term ‘off- actment of this clause, the Secretary re- gible professional described in clause (ii) campus outpatient department of a provider’ ceives from the provider an attestation that may be made on the basis of— also shall not include a department of a pro- such department met such requirements not ‘‘(I) the site of service (as defined by the vider (as so defined) that is not described in later than 60 days after such date of enact- Secretary); or clause (ii) if— ment; or ‘‘(II) an attestation submitted by the eligi- ‘‘(I) the Secretary receives from the pro- ‘‘(II) in the case of a department that ble professional. vider an attestation (pursuant to such sec- meets such requirements after such date of Determinations made under subclauses (I) tion 413.65(b)(3)) not later than December 31, enactment, the Secretary receives from the and (II) shall be made without regard to any 2016 (or, if later, 60 days after the date of the provider an attestation that such depart- employment or billing arrangement between enactment of this clause), that such depart- ment meets such requirements not later the eligible professional and any other sup- ment met the requirements of a department than 60 days after the date such require- plier or provider of services. of a provider specified in section 413.65 of ments are first met with respect to such de- ‘‘(iv) SUNSET.—Clause (ii) shall no longer title 42 of the Code of Federal Regulations; partment.’’; apply as of the first year that begins more ‘‘(II) the provider includes such depart- (2) in clause (vii), by inserting after the than 3 years after the date on which the Sec- ment as part of the provider on its enroll- first sentence the following: ‘‘Not later than retary determines, through notice and com- ment form in accordance with the enroll- 2 years after the date the Secretary receives ment rulemaking, that certified EHR tech- ment process under section 1866(j); and an attestation under clause (vi) relating to nology applicable to the ambulatory surgical ‘‘(III) the department met the mid-build compliance of a department of a provider center setting is available.’’. requirement of clause (v) and the Secretary with requirements referred to in such clause, (b) CONTINUED APPLICATION OF CERTAIN receives, not later than 60 days after the the Secretary shall audit the compliance PROVISIONS UNDER MIPS.—Section date of the enactment of this clause, from with such requirements with respect to the 1848(o)(2)(D) of the Social Security Act (42 the chief executive officer or chief operating department.’’; and U.S.C. 1395w–4(o)(2)(D)) is amended by adding officer of the provider a written certification (3) in clause (viii)(III), by adding at the end at the end the following new sentence: ‘‘The that the department met such requirement. the following: ‘‘For purposes of carrying out provisions of subparagraphs (B) and (D) of ‘‘(v) MID-BUILD REQUIREMENT DESCRIBED.— this subparagraph with respect to clause (vi) subsection (a)(7), including the application of The mid-build requirement of this clause is, (and clause (vii) insofar as it relates to such clause (iv) of such subparagraph (D), shall with respect to a department of a provider, clause), $2,000,000 shall be available from the apply to assessments of MIPS eligible profes- that before November 2, 2015, the provider Federal Supplementary Medical Insurance sionals under subsection (q) with respect to had a binding written agreement with an Trust Fund under section 1841, to remain the performance category described in sub- outside unrelated party for the actual con- available until expended.’’. section (q)(2)(A)(iv) in a manner similar to struction of such department. (b) OFFSETTING SAVINGS.—Section the manner in which such provisions apply ‘‘(vii) AUDIT.—Not later than December 31, 1833(t)(18) of the Social Security Act (42 with respect to payment adjustments made 2018, the Secretary shall audit the compli- U.S.C. 1395l(t)(18)) is amended— under subsection (a)(7)(A).’’. ance with requirements of clause (iv) with (1) in subparagraph (B), by inserting ‘‘, sub- TITLE III—OTHER MEDICARE PROVISIONS respect to each department of a provider to ject to subparagraph (C),’’ after ‘‘shall’’; and SEC. 301. DELAY IN AUTHORITY TO TERMINATE which such clause applies. If the Secretary (2) by adding at the end the following new CONTRACTS FOR MEDICARE ADVAN- finds as a result of an audit under this clause subparagraph: TAGE PLANS FAILING TO ACHIEVE that the applicable requirements were not ‘‘(C) TARGET PCR ADJUSTMENT.—In applying MINIMUM QUALITY RATINGS. met with respect to such department, the de- section 419.43(i) of title 42 of the Code of Fed- (a) FINDINGS.—Consistent with the studies partment shall not be excluded from the eral Regulations to implement the appro- provided under the IMPACT Act of 2014 (Pub- term ‘off-campus outpatient department of a priate adjustment under this paragraph for lic Law 113–185), it is the intent of Congress— provider’ under such clause. services furnished on or after January 1, 2018, (1) to continue to study and request input ‘‘(viii) IMPLEMENTATION.—For purposes of the Secretary shall use a target PCR that is on the effects of socioeconomic status and implementing clauses (iii) through (vii): 1.0 percentage points less than the target dual-eligible populations on the Medicare ‘‘(I) Notwithstanding any other provision PCR that would otherwise apply. In addition Advantage STARS rating system before re- of law, the Secretary may implement such to the percentage point reduction under the forming such system with the input of stake- clauses by program instruction or otherwise. previous sentence, the Secretary may con- holders; and ‘‘(II) Subchapter I of chapter 35 of title 44, sider making an additional percentage point (2) pending the results of such studies and United States Code, shall not apply. reduction to such target PCR that takes into input, to provide for a temporary delay in

VerDate Sep 11 2014 05:39 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\A07JN7.004 H07JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE June 7, 2016 CONGRESSIONAL RECORD — HOUSE H3473 authority of the Centers for Medicare & Med- ment of this Act, the Secretary of Health gical centers relief in the electronic icaid Services (CMS) to terminate Medicare and Human Services shall request informa- health records program; Representa- Advantage plan contracts solely on the basis tion, including recommendations, from tive VERN BUCHANAN’s bill, ensuring of performance of plans under the STARS stakeholders (including patient advocates, full access to Medicare advantage rating system. issuers, and employers) on information in- plans; and finally, Representative MIKE (b) DELAY IN MA CONTRACT TERMINATION cluded in the Welcome to Medicare package, AUTHORITY FOR PLANS FAILING TO ACHIEVE including pertinent data and information re- KELLY’s bill requiring fair and trans- MINIMUM QUALITY RATINGS.—Section 1857(h) garding enrollment and coverage for Medi- parent reporting by congressional dis- of the Social Security Act (42 U.S.C. 1395w– care eligible individuals. trict on the enrollment of beneficiaries 27(h)) is amended by adding at the end the The SPEAKER pro tempore. Pursu- in both the traditional fee-for-service following new paragraph: ant to the rule, the gentleman from Medicare and Medicare Advantage pro- ‘‘(3) DELAY IN CONTRACT TERMINATION AU- Ohio (Mr. TIBERI) and the gentleman grams. All of these priorities have pre- THORITY FOR PLANS FAILING TO ACHIEVE MIN- viously passed the House during the IMUM QUALITY RATING.—During the period be- from Washington (Mr. MCDERMOTT) each will control 20 minutes. 114th Session. ginning on the date of the enactment of this Under the topic of access in rural paragraph and through the end of plan year The Chair recognizes the gentleman 2018, the Secretary may not terminate a con- from Ohio. areas, the bill allows for continuation and expansion of participation in the tract under this section with respect to the GENERAL LEAVE offering of an MA plan by a Medicare Advan- Mr. TIBERI. Mr. Speaker, I ask Rural Community Hospital Demonstra- tage organization solely because the MA unanimous consent that all Members tion Program. Championed by my col- plan has failed to achieve a minimum qual- leagues, Senator GRASSLEY in the Sen- may have 5 legislative days within ity rating under the 5-star rating system ate and Chairman DON YOUNG in the which to revise and extend their re- under section 1853(o)(4).’’. House, this policy is a continuation marks and include extraneous material SEC. 302. REQUIREMENT FOR ENROLLMENT from the Medicare Modernization Act DATA REPORTING FOR MEDICARE. on H.R. 5273. The SPEAKER pro tempore. Is there of 2003. Section 1874 of the Social Security Act (42 Under the topic of beneficiary access U.S.C. 1395kk) is amended by adding at the objection to the request of the gen- in Medicare, the bill requires the Sec- end the following new subsection: tleman from Ohio? retary to revise the pre-Medicare eligi- ‘‘(g) REQUIREMENT FOR ENROLLMENT DATA There was no objection. REPORTING.— Mr. TIBERI. Mr. Speaker, I yield my- bility notification, adding greater ‘‘(1) IN GENERAL.—Each year (beginning self such time as I may consume. transparency for beneficiaries, which with 2016), the Secretary shall submit to the Today I rise in support of H.R. 5273, was led by my colleagues, Dr. Committees on Ways and Means and Energy the Helping Hospitals Improve Patient MCDERMOTT and Representative PAT and Commerce of the House of Representa- Care Act, or ‘‘HIP-C’’ Act. This bill MEEHAN. tives and the Committee on Finance of the Finally, the bill includes two impor- truly represents a bipartisan effort, Senate a report on Medicare enrollment data tant Member priorities that advance and I want to thank the distinguished (and, in the case of part A, on data on indi- important Medicare hospital issues. viduals receiving benefits under such part) as gentleman from Washington State (Mr. The first requires the Secretary to en- of a date in such year specified by the Sec- MCDERMOTT) for working with me on sure there is proper adjustment for so- retary. Such data shall be presented— this bill. The bill also fully represents cioeconomic factors. The gentleman ‘‘(A) by Congressional district and State; what the Speaker has often called true from Ohio (Mr. RENACCI) has cham- and regular order. ‘‘(B) in a manner that provides for such pioned this issue for some time. Rep- Prior to introducing H.R. 5273, the data based on— resentative JIM RENACCI’s policy en- Ways and Means Committee held three ‘‘(i) fee-for-service enrollment (as defined sures that the hospital readmissions hearings on topics included in the bill in paragraph (2)); program provides an apples-to-apples during the 114th Congress, and the ‘‘(ii) enrollment under part C (including comparison based on the specific pa- separate for aggregate enrollment in MA–PD committee recently marked up the bill plans and aggregate enrollment in MA plans tient population a hospital treats. in a unanimous way. The second priority, led by our that are not MA–PD plans); and H.R. 5273 strikes the right balance of ‘‘(iii) enrollment under part D. Speaker, PAUL RYAN, is the establish- preserving site-neutral payment pol- ment of a crosswalk of hospital codes. ‘‘(2) FEE-FOR-SERVICE ENROLLMENT DE- icy, which I support, and providing es- FINED.—For purpose of paragraph (1)(B)(i), Back when Speaker RYAN was the the term ‘fee-for-service enrollment’ means sential relief for hospitals that were chairman of the Ways and Means Com- aggregate enrollment (including receipt of caught up in this policy change from mittee, he actively pursued Medicare benefits other than through enrollment) last year’s budget deal. Specifically, hospital issues. His crosswalk is an im- under— this bill helps many hospitals around portant building block of a future sys- ‘‘(A) part A only; the country and in my State of Ohio, tem that promises to streamline the ‘‘(B) part B only; and including a facility by OhioHealth and ‘‘(C) both part A and part B.’’. operation of hospital services. Nationwide Children’s Hospital that I encourage my colleagues to pass SEC. 303. UPDATING THE WELCOME TO MEDI- was started a year ago, last summer, this legislation, send it to the Senate, CARE PACKAGE. and will benefit from full outpatient (a) IN GENERAL.—Not later than 12 months and let’s get this to the President’s after the last day of the period for the re- payments under the bill, as they had desk. quest of information described in subsection planned to when they dug the hole for Mr. Speaker, I reserve the balance of (b), the Secretary of Health and Human their facility. my time. Services shall, taking into consideration in- Further, the James Cancer Hospital, Mr. MCDERMOTT. Mr. Speaker, I formation collected pursuant to subsection part of my alma mater at Ohio State yield myself such time as I may con- (b), update the information included in the University, will have their cancer des- sume. Welcome to Medicare package to include in- ignation protected under the bill, along I rise today in support of the Helping formation, presented in a clear and simple with other designated cancer centers. Hospitals Improve Patient Care Act. manner, about options for receiving benefits The bill also touches on three very This bill makes important changes under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. important themes in the Medicare pro- that will help hospitals continue to 1395 et seq.), including through the original gram: One, giving providers regulatory provide high-quality care to patients as medicare fee-for-service program under parts relief; two, ensuring access in rural they implement the recent payment re- A and B of such title (42 U.S.C. 1395c et seq., areas; and three, protecting Medicare forms. This is bipartisan legislation 42 U.S.C. 1395j et seq.), Medicare Advantage beneficiaries’ access to that important unique in itself that I am happy to plans under part C of such title (42 U.S.C. service that people like my mom and have introduced with the gentleman 1395w–21 et seq.), and prescription drug plans dad count on. from Ohio (Mr. TIBERI). under part D of such title (42 U.S.C. 1395w–101 Under the topic of regulatory relief, I thank the chairman for his willing- et seq.)). The Secretary shall make subse- ness to collaborate on this bill. I also quent updates to the information included in we have included three Ways and the Welcome to Medicare package as appro- Means member priorities: thank the staff of the Ways and Means priate. Representative DIANE BLACK’s bill Committee for their hard work in help- (b) REQUEST FOR INFORMATION.—Not later that provides physicians who primarily ing us come to an agreement on lan- than six months after the date of the enact- practice medicine in ambulatory sur- guage that Members of both parties

VerDate Sep 11 2014 05:39 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\A07JN7.004 H07JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3474 CONGRESSIONAL RECORD — HOUSE June 7, 2016 can fully support. This final bill isn’t Mr. TIBERI. Mr. Speaker, I yield 2 complex need all of the protection that perfect, but it is truly a bipartisan minutes to the gentleman from Alaska they can get, and we need to have a product that reflects the spirit of com- (Mr. YOUNG). better understanding of readmission promise. (Mr. YOUNG of Alaska asked and was policies and practices and why some Whenever we head back to our dis- given permission to revise and extend are different than others. tricts, we all hear from our hospitals his remarks.) These gentlemen have put together a about the effects that our policies are Mr. YOUNG of Alaska. Mr. Speaker, piece of legislation that all of us can be having back home. Although we made first I want to thank Chairman TIBERI proud of. I strongly support it and a smart change to hospital payments for his kind work. We will miss the thank them for their diligence, for when we passed the Bipartisan Budget gentleman from Washington (Mr. their cooperation, and for their tre- Act last year, we are beginning to rec- MCDERMOTT), and I thank him for this mendous efforts to do a good bill. ognize the unintended consequences of bipartisan effort because this is a good Mr. TIBERI. Mr. Speaker, I yield 3 the legislation. We did not really ex- bill and I strongly support it. minutes to the gentleman from north- pect everything that is happening. This measure includes many impor- eastern Ohio (Mr. RENACCI), a good Many hospitals that were in the proc- tant provisions as you have spoken friend, an important member of the ess of constructing outpatient depart- about. But especially important to Committee on Ways and Means, and a ments will be hit with unexpected pay- Alaska is section 103 language from leader on the readmission policy deal- ment cuts due to the BBA. In addition, legislation, H.R. 672, a 5-year extension ing with hospitalization. many cancer hospitals would be of the Rural Community Hospital Dem- Mr. RENACCI. Mr. Speaker, I rise in harmed by the new payment rules. This onstration Program. This demonstra- support of H.R. 5273, the Helping Hos- bill fixes these problems in a narrowly tion program has worked well and has pitals Improve Patient Care Act of tailored way that doesn’t undermine come to the aid of seniors in Alaska 2016. I want to thank Chairman BRADY the goals of the BBA. and healthcare providers across rural and my good friend and colleague, Sub- Moving forward, hospitals will no America. committee Chairman TIBERI, for all longer be encouraged to consolidate by Congress created the program to pro- their great work to advance this bill, buying up physician practices for the vide increased Medicare reimburse- which addresses many concerns in pay- purpose of billing Medicare at an in- ments for hospitals across the Nation ments to hospitals, and especially out- flated rate. This is a good policy that is that are too large to be considered patient departments. consistent with the recommendations Critical Access Hospitals, but too small I heard from many of the hospitals in of a GAO report that was released last to be supported by traditional low northeast Ohio, including MetroHealth, year. But facilities that were under de- Medicare margins on inpatient serv- about the impact this payment policy velopment when we passed the BBA, as ices. had on their new facility. I am happy we are able to correct these issues for well as cancer hospitals, will be pro- b 1615 those facilities already under construc- tected from these changes. This isn’t a This program has helped three hos- giveaway to hospitals. The industry tion. pitals in Alaska: Central Peninsula of I also want to thank my colleague will pay the full cost. Soldotna, the Bartlett Regional Hos- from Ohio for including my bill, H.R. In addition, this bill makes refine- pital in Juneau, and Mt. Edgecumbe in 1343—the Establishing Beneficiary Eq- ments to the readmissions reduction Sitka. These hospitals serve a wide va- uity in Hospital Readmission Pro- program. To ensure that hospitals that riety of patients all across those vast gram—in the underlying legislation. serve a large number of low-income pa- areas. The Hospital Readmission Program tients are not unfairly penalized, the I do believe this is one of the better was created due to concerns that too bill will require CMS to make apples- bipartisan efforts. Go back to the old few resources were being spent on re- to-apples comparisons between similar days when we accomplished things to- ducing acute care hospital readmis- facilities. As we await additional data gether by talking with one another. It sions. that will soon be available thanks to is vital we pass this bipartisan legisla- While we do want to make sure hos- the IMPACT Act, this will ensure that tion and that the Senate act on it. I pitals are reducing acute care readmis- the hospitals are not hit with would suggest, respectfully, to both my sions, we also want to make sure we undeserved penalties due to a flawed chairman and ranking member, let’s are not disproportionately penalizing methodology. talk to the Senate and see if we can’t those who see a large number of our Finally, I am happy that we are also get something done. Four hundred bills most vulnerable patient populations, able to come to an agreement on a bi- over there is wrong. This is one that especially those teaching hospitals who partisan improvement to the bene- shouldn’t be hung up. see a large number of dual-eligible ficiary enrollment process. Each year, I urge all my colleagues to support beneficiaries, low-income seniors, or thousands of people enroll in Medicare; the passage of this legislation. young people with disabilities who are and thanks to this bill, seniors will Mr. MCDERMOTT. Mr. Speaker, I eligible for both Medicare and Medicaid have more information about their yield 3 minutes to the gentleman from who would have been unintentionally benefit options when they become eli- Illinois (Mr. DANNY K. DAVIS). hurt under the current program. gible for Medicare. Providing complete Mr. DANNY K. DAVIS of Illinois. Mr. Again, I want to thank the chairman and easy-to-understand information is Speaker, I want to commend and con- for working with me on this readmis- critical. The decisions that bene- gratulate Chairman TIBERI and Rank- sion component of this bill, but also all ficiaries make when they enroll in ing Member MCDERMOTT for having put of the other important provisions in- Medicare have serious, long-term im- together an outstanding piece of legis- cluded in this legislation. These are plications, including a potential life- lation. While we applaud it for being commonsense, bipartisan reforms to time penalty if they fail to sign up for bipartisan, I applaud it because it is improve our healthcare system. part B. This bill will also help bene- good. It actually helps to meet needs I urge all Members to support the ficiaries make informed decisions by that exist. It protects hospitals and Helping Hospitals Improve Patient improving the Welcome to Medicare gives them the opportunity to provide Care Act of 2016. package. a better level of patient care. Mr. MCDERMOTT. Mr. Speaker, I re- I, again, thank my colleagues on I attended, just last week, the open- serve the balance of my time. both sides of the aisle for working to- ing of an outpatient center that St. Mr. TIBERI. Mr. Speaker, I yield my- gether on this bill. I am pleased we Bernard Hospital in the Englewood self such time as I may consume to tell were able to craft a bipartisan com- community of Chicago had put to- you a little bit about some of the hos- promise, and I look forward to con- gether. Of course, everybody in the pital networks in my State of Ohio. tinuing to work together on these and community was there because every- Mr. RENACCI talked about some in other important issues in the weeks body recognized that inner-city hos- northeastern Ohio that support this ahead. pitals, disproportionate share hos- legislation. Let me just name a few I reserve the balance of my time. pitals, and medical centers that are hospitals in my State of Ohio that are

VerDate Sep 11 2014 05:39 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.011 H07JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE June 7, 2016 CONGRESSIONAL RECORD — HOUSE H3475 supportive of this legislation: Aultman, Our bill includes straightforward solutions to The Clerk read the title of the con- headquartered in his district in Can- help hospitals and health care providers tran- current resolution. ton; the Cleveland Clinic, Kettering sition to—and preserve—the new site-neutral The text of the concurrent resolution Health Network in the Dayton area; payment policies. This will give providers the is as follows: Mercy Canton Sisters of Charity; certainty they need to best serve their pa- H. CON. RES. 129 MetroHealth System in Cleveland; tients, now and into the future. Whereas the annihilation of 6,000,000 Jews OhioHealth, headquartered in Colum- This bill is an excellent illustration of what during the Holocaust and the murder of mil- bus; Ohio State University Wexner we can accomplish through regular order. It’s lions of others by the Nazi German state Medical Center in Columbus; the Uni- the product of many innovative solutions, pro- constitutes one of the most tragic and hei- versity of Cincinnati Health System in posed by many members on both sides of the nous crimes in human history; Whereas hundreds of thousands of Jews Cincinnati; and University Hospitals, aisle. survived persecution by the Nazi regime de- headquartered in Cleveland. As was The solutions in this bill will make a real dif- spite being imprisoned, subjected to slave mentioned, this legislation passed the ference when it comes to the delivery of high- labor, moved into ghettos, forced to live in Committee on Ways and Means in a bi- quality care for the people of our districts. hiding or under false identity, forced to live partisan manner. In fact, the University of Texas’ MD Ander- under curfew, or required to wear the ‘‘yel- Mr. Speaker, I reserve the balance of son Cancer Center located in Houston has al- low star’’; my time. ready embraced this bill. MD Anderson offi- Whereas in fear of the oncoming Nazi Mr. MCDERMOTT. Mr. Speaker, oc- cials said, ‘‘This ensures our ability to continue Einsatzgruppen (‘‘Nazi Killing Squads’’) and casionally we have an extra minute on providing the highest quality and level of can- the likelihood of extermination, hundreds of thousands of Jewish Nazi victims fled for the floor, and it makes sense to ac- cer care to patients in the communities we their lives; knowledge some people that we trust serve.’’ Whereas whatever type of persecution suf- and rely upon and we don’t ever men- And MD Anderson is just one of many hos- fered by Jews during the Holocaust, the com- tion, so I would like to just say thank pitals and cancer treatment centers throughout mon thread that binds these Holocaust vic- you to the Democratic staff: Sarah the country that we help with H.R. 5273. tims is that they were targeted for extermi- Levin, Melanie Egorin, Daniel Foster, This bill is particularly personal for me be- nation and that they lived with a constant JC Cannon, and Daniel Jackson; on the cause it builds from the hospital discussion fear for their lives and the lives of their Republican side: Emily Murry, Lisa draft I released as Health Subcommittee loved ones; Whereas Holocaust victims immigrated to Grabert, Nick Uehlecke, Taylor Trott; Chairman back in November 2014. the United States from Europe, the Middle to the staff at the CMS who helped put In the Helping Hospitals Improve Patient East and North Africa, and the former Soviet this bill together: Ira Burney, Anne Care Act, we push forward two critical building Union from 1933 to today; Scott, Lisa Yen. And to the staff at blocks of that discussion draft. Whereas it is estimated that there are at legislative counsel: Ed Grossman—Ed First, Speaker RYAN’s crosswalk bill that least 100,000 Holocaust victims living in the has been there for as long as I have better coordinates care between inpatient and United States and approximately 500,000 liv- been here, so any bill that gets out of outpatient settings. ing around the world today, including child here without Ed looking at it is a pret- Second, Congressman JIM RENACCI’s read- survivors; mission policy, which helps hospitals in low-in- Whereas tens of thousands of Holocaust ty rare bill—and Jessica Shapiro is his victims are in their 80s or 90s or are more assistant. come communities serve their patients. There are still many policies from our hos- than 100 years in age, and the number of Hol- The Congressional Budget Office gets ocaust victims is diminishing; in on these deals as well: Tom Bradley, pital discussion draft that are worthy of de- Whereas at least 50 percent of Holocaust Lori Housman, Kevin McNellis, and bate. We’ll continue to work with Members victims alive today will pass away within Jamease Kowalczyk. I am from Chi- and stakeholders to pursue additional reforms the next decade, and those alive are becom- cago. I should be able to pronounce a that make our health care system work better ing frailer and have increasing health and Polish name. We appreciate their hard for patients and providers in our communities. welfare needs; work. I’m grateful to all the members—on and off Whereas Holocaust victims throughout the world continue to suffer from permanent Mr. Speaker, I yield back the balance our committee—who worked hard to craft and advance the Helping Hospitals Improve Pa- physical and psychological injuries and dis- of my time. abilities and live with the emotional scars of Mr. TIBERI. Mr. Speaker, let me just tient Care Act. this systematic genocide against the Jewish close by saying thank you to Dr. The SPEAKER pro tempore. The people; MCDERMOTT. It has been enjoyable to question is on the motion offered by Whereas many of the emotional and psy- work with his team, led by Amy, and the gentleman from Ohio (Mr. TIBERI) chological scars of Holocaust victims are ex- we appreciate the bipartisanship. You that the House suspend the rules and acerbated in their old age, the past haunts mentioned all those names—stole my pass the bill, H.R. 5273, as amended. and overwhelms many aspects of their lives thunder—Emily and her team, and my The question was taken; and (two- when their health fails them; Whereas Holocaust victims suffer par- staff, Whitney Koch Daffner and Abi- thirds being in the affirmative) the rules were suspended and the bill, as ticular trauma when their emotional and gail Finn, too, for yeoman’s work. physical circumstances force them to leave Mr. Speaker, I urge a unanimous amended, was passed. A motion to reconsider was laid on the security of their own home and enter in- vote. stitutional or other group living residential I yield back the balance of my time. the table. facilities; Mr. BRADY of Texas. Mr. Speaker, I rise f Whereas tens of thousands of Holocaust today in support of H.R. 5273, the Helping SUPPORTING GOAL OF ENSURING victims live in poverty, cannot afford and do not receive sufficient medical care, home Hospitals Improve Patient Care Act of 2016. ALL HOLOCAUST VICTIMS LIVE First, I’d like to thank Chairman TIBERI and care, mental health care, medicine, food, WITH DIGNITY, COMFORT, AND transportation, and other vital life-sus- Ranking Member MCDERMOTT for their leader- SECURITY ship on this important legislation. taining services that allow them to live their At the Ways and Means Committee, we are Ms. ROS-LEHTINEN. Mr. Speaker, I final years with comfort and dignity; Whereas Holocaust victims often lack fam- working to deliver health care solutions that move to suspend the rules and agree to the concurrent resolution (H. Con. Res ily support networks and require social will expand access, increase choices, and im- worker-supported case management in order prove the quality of care for the American peo- 129), expressing support for the goal of to manage their daily lives and access gov- ple. ensuring that all Holocaust victims ernment funded services; The Helping Hospitals Improve Patient Care live with dignity, comfort, and security Whereas in response to a letter sent by Act helps advance all three of those goals. in their remaining years, and urging Members of Congress to Germany’s Minister And the bill does so in a fiscally responsible the Federal Republic of Germany to re- of Finance in December 2015 regarding in- manner that helps strengthen and preserve affirm its commitment to this goal creased funding for Holocaust victims, Ger- Medicare for the long-term. through a financial commitment to man officials acknowledged that ‘‘recent ex- comprehensively address the unique perience has shown that the care financed by At its core, our bipartisan legislation is about the German Government to date is insuffi- supporting the delivery of high-quality, afford- health and welfare needs of vulnerable cient’’ and that ‘‘it is imperative to expand able care to families and seniors throughout Holocaust victims, including home these assistance measures quickly given the the country. It will especially help people who care and other medically prescribed advanced age of many of the affected per- live in low-income and rural communities. needs, as amended. sons’’;

VerDate Sep 11 2014 05:39 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.013 H07JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3476 CONGRESSIONAL RECORD — HOUSE June 7, 2016 Whereas German Chancellor Konrad Ade- include extraneous material on this Rubin said before our subcommittee in nauer acknowledged in 1951 Germany’s re- resolution. the year 2014: the existing system has sponsibility to provide moral and financial The SPEAKER pro tempore. Is there fallen tragically short of what sur- compensation to Holocaust victims world- objection to the request of the gentle- vivors need and deserve. wide; Whereas every successive German Chan- woman from Florida? The current funding and care deliv- cellor has reaffirmed this position, including There was no objection. ery systems are difficult for survivors Chancellor Angela Merkel, who in 2007 re- Ms. ROS-LEHTINEN. Mr. Speaker, I to access, and they are severely under- affirmed that ‘‘only by fully accepting its en- yield myself such time as I may con- funded. That is why it is so important during responsibility for this most appalling sume. that we pass this resolution and urge period and for the cruelest crimes in its his- Mr. Speaker, first I would like to our friends in Germany, our good part- tory, can Germany shape the future’’; thank my good friend and south Flor- ners in Germany, to honor the obliga- Whereas in 2015 Chancellor Merkel’s ida colleague, Mr. TED DEUTCH, for his tions and the commitments that they spokesperson again confirmed ‘‘all Germans work on this resolution and for co- have made to provide for the needs of know the history of the murderous race introducing it together. It is an impor- mania of the Nazis that led to the break with Holocaust survivors. civilization that was the Holocaust. . . we tant resolution, Mr. Speaker. I also German Governments have provided know that responsibility for this crime want to thank our chairman, Chairman some support through income assist- against humanity is German and very much ROYCE, and the ranking member, Mr. ance programs and have doubled fund- our own’’; and ENGEL, for always working in a bipar- ing for home care services in the past 5 Whereas Congress believes it is Germany’s tisan manner, for recognizing the im- years, so they are trying. They want to moral and historical responsibility to com- portance of this resolution, and for do better. In fact, even by Germany’s prehensively, permanently, and urgently moving this bill out of our Committee own admission, the care financed by provide the resources for all Holocaust vic- on Foreign Affairs in an expeditious tims’ medical, mental health, and long-term the German Government to date has care needs: Now, therefore, be it manner. been insufficient for those in need of Resolved by the House of Representatives (the This resolution, simply put, Mr. intensive long-term care. Senate concurring), That Congress— Speaker, urges Germany to honor its Mr. Speaker, because of the horrors (1) acknowledges the financial and moral moral and historical obligations to that these survivors have endured and commitment of the Federal Republic of Ger- Holocaust survivors and to provide for the emotional and physical scars they many over the past seven decades to provide their unmet needs immediately and continue to carry with them, their a measure of justice for Holocaust victims; comprehensively. I know that for Mr. medical, mental, and home care needs (2) supports the goal of ensuring that all DEUTCH and for me, this is an issue are far more complex, far more exten- Holocaust victims in the United States and that deeply impacts many of our con- around the world are able to live with dig- sive than those of other elderly individ- nity, comfort, and security in their remain- stituents in south Florida. uals. There are just over 500,000 Holocaust ing years; b 1630 (3) applauds the nonprofit organizations survivors worldwide. About a quarter and agencies that work tirelessly to honor of that number live right here in the These survivors have endured the and assist Holocaust victims in their com- United States, with over 15,000 living in torture; they have endured the labor munities; our south Florida communities, Mr. camps, experiments, the loss of loved (4) acknowledges the ongoing process of ne- Speaker. I have had the honor and ones, and even the loss of entire fami- gotiations between the Federal Republic of privilege to work closely with sur- lies. We owe these survivors the oppor- Germany and the Conference on Jewish Ma- tunity to live out the remainder of terial Claims Against Germany (Claims Con- vivors from south Florida, many of ference) in order to secure funding for Holo- whom I have come to call dear friends: their days in the dignity and comfort caust victims and for vital social services my friends David Mermelstein, David they deserve. provided through nonprofit organizations Schaecter, Herbie Karliner, Joe Sachs, Germany owes it to the survivors to and agencies around the world; and Alex Gross; and Jack Rubin, who alleviate and end the continuing inju- (5) acknowledges that the Federal Republic has testified before Congress on issues ries inflicted by the Nazi regime by of Germany and the Claims Conference have related to Holocaust survivors, includ- finding a way to provide for all of their established a new high-level working group ing a hearing that I chaired alongside medical, mental health, and home care that will develop proposals for extensive as- needs, directly and without delay. sistance for homecare and other social wel- Mr. DEUTCH in the year 2014. fare needs of Holocaust victims; There are also many more to thank, I urge my colleagues to join Mr. (6) urges the working group to recognize those who have made justice for Holo- DEUTCH and to join me in urging Ger- the imperative of immediately and fully caust survivors their life’s work, indi- many to do the right thing, because funding victims’ medical, mental health, and viduals like Sam Dubbin, Mark Talis- time is of the essence. long-term care needs and to do so with full man, and the list goes on and on, Mr. Mr. Speaker, I reserve the balance of transparency and accountability to ensure Speaker. my time. all funds for Holocaust victims from the Fed- It has been my close relationship Mr. DEUTCH. Mr. Speaker, I yield eral Republic of Germany are administered with these individuals that has really myself such time as I may consume. efficiently, fairly, and without delay; and (7) urges the Federal Republic of Germany helped me to understand the realities I rise in support of this resolution. to continue to reaffirm its commitment and that survivors have endured during hu- And I thank Chairman ROYCE and fulfill its moral responsibility to Holocaust manity’s darkest period and, unfortu- Ranking Member ENGEL for moving so victims by ensuring that every Holocaust nately, the sad reality that they face quickly to pass this resolution through victim receives all of the prescribed medical today—today—Mr. Speaker, especially committee and bring it to the floor, be- care, home care, mental health care, and when it comes to their home cause time is, sadly, very much of the other vital services necessary to live in dig- healthcare needs, to their mental essence. nity and by providing, without delay, addi- health needs, to their medical care Today we will vote on H. Con. Res. tional financial resources to address the unique needs of Holocaust victims. needs. 129, which calls upon Germany to fully Do you know, Mr. Speaker, that fund the needs of aging Holocaust sur- The SPEAKER pro tempore. Pursu- nearly half of all survivors worldwide vivors. I want to thank my friend, ant to the rule, the gentlewoman from live at or below the poverty level? Chairman Emeritus ROS-LEHTINEN, for Florida (Ms. ROS-LEHTINEN) and the After going through what is almost in- her steadfast leadership and for her gentleman from Florida (Mr. DEUTCH) describable horror, these survivors are longstanding commitment to cham- each will control 20 minutes. living at or below the poverty level. pioning the needs of Holocaust sur- The Chair recognizes the gentle- Many survivors are unable to maintain vivors. woman from Florida. even a modest and dignified standard of More than anything else, I want to GENERAL LEAVE living: they lack funds for home care; thank the survivors in south Florida Ms. ROS-LEHTINEN. Mr. Speaker, I they don’t have the money for medi- and throughout the Nation. You are ask unanimous consent that all Mem- cine; they don’t have the funds for my constituents, my friends, and my bers may have 5 legislative days to re- food; they can’t pay the utilities; and heroes. This includes Jack Rubin, vise and extend their remarks and to they can’t pay their rent. As Jack whose tireless advocacy through trips

VerDate Sep 11 2014 05:39 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A07JN7.006 H07JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE June 7, 2016 CONGRESSIONAL RECORD — HOUSE H3477 to Washington to educate and testify that these current negotiations are that they can have dignity in their twi- in Congress shaped this very effort; and likely the last opportunity for Ger- light years. Norman Frajman, whose dedication to many to comprehensively address the How can we ignore that plight? How educating students in our own commu- unique health and welfare needs of sur- can we say to that generation, You nity helped ensure that they will never vivors before it is too late. should go without? forget. Mr. Speaker, the resolution before us They are living reminders of the dark My friend, Congresswoman ROS- today urges our German partners to side of human nature and of how his- LEHTINEN, mentioned so many of the fulfill the moral and financial commit- tory can go so terribly wrong. Hon- people that she is so close to. I want to ment to the victims of the Holocaust. oring them with this resolution and en- thank her for giving me the oppor- The shortfall is the most dramatic gaging our partner, our ally, Germany, tunity and the blessing of getting to when it comes to home care. For sur- in this one last endeavor is a noble know and spend time with David vivors, the need to stay in their homes cause. Schaecter, David Mermelstein, and as they age is critical. The thought of I am pleased to support H. Con. Res. others. institutionalized care or being removed 129, and I applaud the leadership of my It breaks my heart that today in the from their home is a devastatingly colleagues from Florida in reminding United States there are tens of thou- painful reminder of the past. As they this House of the duty still in front of sands of survivors who live in poverty age, they rely more on home care serv- us. and cannot afford, and thus do not re- ices. Mr. DEUTCH. Mr. Speaker, I yield ceive, sufficient medical care, home Under the current system, home care myself such time as I may consume. care, and other vital life-sustaining is capped so that even the most Mr. Speaker, today we are talking services. infirmed, isolated, and poor Nazi vic- about the frailest people in our com- Today we have an opportunity to tims can only receive a maximum of 25 munity who have endured the worst, send a clear message that these sur- hours of home care per week. That is 5 most unimaginable horrors. They are vivors, who made it through the dark- hours a day for 5 days a week. There is people whose entire families were de- est time in history, deserve to live out no funding for additional hours. stroyed. their lives with the dignity that they In committee I spoke about my 91- Mr. Speaker, Hitler tried to destroy are so worthy of and have long been year-old constituent who survived Ber- them. He succeeded in killing millions, promised. gen-Belsen. He fell and suffered a frac- but his goal was genocide. His goal was Some of my colleagues might won- ture. He requires assistance with all of to wipe the Jewish people from the face der: Why is this resolution needed? the activities of daily living. He now of the Earth. It is simple: Holocaust survivors are needs round-the-clock care, but the We can’t imagine the magnitude of not receiving the care that they need. current funding system does not pro- that evil, but we have just a few years For decades, the German Govern- vide it. left with those who managed to sur- ment has remained committed to fund- Many of those who survived also lack vive, to escape death—sometimes mul- ing survivor needs. This is something I family support to help with transpor- tiple times—to endure concentration know Chancellor Merkel cares a great tation to doctors’ appointments or help camps when everyone around them was deal about, as she has reaffirmed that preparing meals. They deserve to have sent to the gas chambers, and to flee commitment. But the survivor popu- these most basic needs met. They de- death squads that roamed the Euro- lation is aging into their eighties, their serve to be able to access care for all of pean countryside killing—and mass nineties, and hundreds. Their needs are their mental and medical health needs. killings—again and again and again. greater. And they deserve our support. For them to live through all of that, Unfortunately, despite the payments Today I urge my colleagues to join to survive all of that, should we tell of the German Government over dec- me in supporting the passage of this them that we are sorry, we must cap ades, significant gaps in survivor care resolution and for Germany to seize the amount of care you can receive in remain. And German officials have ac- upon this opportunity to alleviate the your home? Or that the social service knowledged that shortfall. Right now suffering of survivors. While no amount agencies and their employees and their there are special negotiations going on of money can ever erase the horrors volunteers who know what their cli- with the German Government. In the faced by Nazi victims, there is a moral ents need should tell them to need less? coming days, decisions will be made in responsibility to ensure that they can Mr. Speaker, let’s pass this resolu- Berlin that will determine whether or receive all of the vital services and tion and tell every person sitting at not survivors will receive the funding medical care necessary to live out the the negotiating table in Berlin that we and the care that they so desperately remainder of their days with dignity. will not accept half measures. The Ger- need. No more limitations on home care man Government has reiterated its But I am worried. I am worried that hours. Complete the negotiations. And moral obligation to act. This resolu- time is running out. I am worried that fund the needs now, once and for all. tion calls for action. The time to act is this is our last chance to ensure that, Mr. Speaker, I reserve the balance of now. Survivors of the Holocaust de- once and for all, survivors have what my time. serve dignity. they need. Every survivor deserves to Ms. ROS-LEHTINEN. Mr. Speaker, I I would like to again thank my dear receive the care needed to live in com- reserve the balance of my time. friend and fierce advocate for sur- fort. Mr. DEUTCH. Mr. Speaker, I yield 2 vivors, Congresswoman ILEANA ROS- So many survivors are struggling. minutes to the gentleman from Vir- LEHTINEN. We have stood together on And, again, while we appreciate the ginia (Mr. CONNOLLY), my friend. their behalf for years. She is remark- decades-long commitment of the Ger- Mr. CONNOLLY. Mr. Speaker, I ably committed to justice. man Government, I am not certain thank my friend, TED DEUTCH, for his Mr. Speaker, in closing, there are that our ally, Germany, understands leadership, and also my good friend, Holocaust survivors who are watching the scope of the true need—the needs ILEANA ROS-LEHTINEN, the Florida us now. When we pass this resolution, that Chairman ROS-LEHTINEN and I see twins who have so steadfastly brought many will cry. They told me that. I in our communities in south Florida this matter of conscience and history cannot and I will not go back to south every day. That is why passing this res- to the floor of the House of Representa- Florida on Friday and look into the olution here will send a message that is tives. eyes of these sweet people whom we are unmistakable; and that is that Con- It was said about the Holocaust that so fortunate to know, so privileged to gress is fully united. ‘‘we should never forget’’ and ‘‘never have in our community, and tell them We stand at a decisive moment in the again.’’ What a legacy it would be that that Congress passed a resolution to lives of our aging survivor population. those who survived the darkest chapter make them feel better. They don’t need Each month it seems that there is an- of human history should live out the symbolism. other funeral in my community and remainder of their years in want—in What I will tell them is that the another survivor passes. So it is with a want of basic medical care, in want of United States House of Representatives heavy heart that we must acknowledge home health care and caregiving so overwhelmingly spoke on their behalf—

VerDate Sep 11 2014 05:39 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.016 H07JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3478 CONGRESSIONAL RECORD — HOUSE June 7, 2016 a group that 80 years ago had no one advocate and work on behalf of sur- urging the Federal Republic of Germany to speaking for them. And we expect the vivors. The Claims Conference provides further fulfill its commitment to support the German Government to hear what we artificial caps on survivors’ needs. welfare of Holocaust survivors by ensuring are saying. When those caps are reached, good that they receive the medical, mental health, Mr. Speaker, I yield back the balance luck. and long-term care they require. of my time. Just recently, a survivor from our In 1952, the West German government con- Ms. ROS-LEHTINEN. Mr. Speaker, I own area right here in D.C. was told by cluded an agreement with representatives yield myself such time as I may con- a local service agency that the Claims from major Jewish national and international sume. Conference would no longer fund her organizations and the State of Israel to pro- I want to thank Mr. DEUTCH and Mr. Lifeline button. This woman lives vide indemnification and restitution directly to CONNOLLY. What a joy it has been for alone, Mr. Speaker. She needs this survivors of the Holocaust. This agreement re- me to have worked with them, espe- service, but she was cut off. flected an overdue but basic recognition at the cially with my twin. The poor guy. The Conference stops assistance for time by many, including then-German Chan- That was a low blow by Mr. CONNOLLY. many, and many others receive no as- cellor Konrad Adenauer who saw such restitu- Mr. DEUTCH might not forgive him for sistance at all, while their pleas fall on tion as, quote, ‘‘easing the way to the spiritual that. But what heartfelt words from deaf ears. settlement of infinite suffering.’’ Mr. DEUTCH. I thank him for that. With the Claims Conference, there is We are indeed fortunate, Mr. Speak- Mr. Speaker, that infinite suffering inflicted no transparency, little accountability, by the genocidal Nazi regime continues to this er, that we have so many constituents and a shocking disregard for the actual in our districts for whom this issue is day. It is a daily reality for the aging survivors survivors, themselves; but I believe of that infamous crime who live with the men- so important. We are blessed that we Chancellor Merkel’s heartfelt expres- have so many Holocaust survivors in tal and sometimes physical consequences of sion of concern about Germany’s re- being tortured and abused. our districts. But, sadly, as Mr. sponsibility to survivors and her lead- DEUTCH, Mr. CONNOLLY, and I have There are over 500,000 Holocaust survivors ership on moral issues, and this will fi- living around the world today, and over pointed out, time is of the essence. nally resolve this longstanding tragedy These survivors are passing away with- 100,000 live here in the United States—wit- for survivors. nesses to both the stunning evil and miracu- out the urgent care that they have That is why our resolution, Mr. been promised and without the com- lous resilience of which humanity is capable. Speaker, to fund, directly, survivors’ Their quiet presence in our midst is a treasure forts that they need. needs is so important. We have seen So I want to close by saying, Mr. seldom sufficiently cherished. Today, as they what happens when the Claims Con- Speaker, just how important this age, they are increasingly in need of support ference gets involved. Survivors are measure is. Mr. DEUTCH talked about and assistance that will allow them to live their just not afforded the assistance they how our constituents are watching in remaining days with access to quality care desperately need. south Florida. And it is so true. How and the peace that comes with it. So I urge my colleagues to join Mr. important it is that we send a clear Mr. Speaker, I support H. Con. Res 129 be- DEUTCH and me in urging Germany to message to the German Government cause I think it is right that the Federal Repub- fund, directly and comprehensively, all that time is of the essence. lic of Germany deliver direct support to Holo- of the needs of survivors like it has For over 70 years, Holocaust sur- caust survivors to guarantee that they live the pledged. There is no time to waste. vivors have had to live with the painful rest of their lives with the dignity, comfort, and Mr. Speaker, I yield back the balance memories and the toll that their expe- security that was deprived them decades ago. the balance of my time. riences have had on their minds and The resolution calls on the German govern- Mr. ROYCE. Mr. Speaker, I want to thank their bodies. ment to make every effort—whether through Chairman ROS-LEHTINEN and Ranking Member direct assistance or negotiated arrange- b 1645 DEUTCH for their work on this resolution, and ments—to support the medical, mental health, their continued work on Holocaust issues. Successive German Governments and long-term care needs of Holocaust vic- The horrors wrought by the Nazi regime did have acknowledged Germany’s respon- tims. This support would be fully consistent not end when prisoners finally walked out from sibility for the Nazi regime’s atroc- with the German government’s longstanding behind the barbed wire fences in 1945. Today, ities. Most recently, Chancellor commitment to Holocaust survivors and it can- the after-effects of Hitler’s death camps still Merkel’s office stated: ‘‘We know the not wait. haunt the lives of those who survived. responsibility for this crime against It is important, Mr. Speaker, to also note the humanity is German and very much Tens of thousands of Holocaust survivors throughout the world live in poverty, forced to important steps already taken by the Federal our own.’’ Republic of Germany and the tremendous ef- I agree with Chancellor Merkel’s of- choose between feeding themselves and pur- forts and achievements it has made in making fice. We don’t have time for negotia- chasing necessary medication. amends for the genocide committed under the tions, Mr. Speaker. How long will those The problem is staggering. Five hundred Nazi dictatorship. H. Con. Res. 129 urges negotiations take while, every day, yet thousand survivors remain—most of them in Germany to continue on this path and as such another Holocaust survivor passes their 80s. Today, more than one in four lack deserves our support in the House. away. sufficient access to the care they need to live We don’t need Germany to engage their final years in comfort and in dignity. Finally, I would like to thank my friend and with the bureaucratic nightmare that For decades, Germany has instituted and colleague Rep. ILEANA ROS-LEHTINEN, for intro- is the Claims Conference. This was a funded a number of aid programs in recogni- ducing this laudable resolution. process that was set up to deal with tion of its obligation to these survivors. How- The SPEAKER pro tempore. The these issues, but it has not worked out ever, Germany’s own evaluations made clear question is on the motion offered by that way. Why add another layer to the that more needs to be done. the gentlewoman from Florida (Ms. process when Germany can and should We urge the German government to imme- ROS-LEHTINEN) that the House suspend provide this assistance directly? diately and fully fund programming for victims’ the rules and agree to the concurrent The proof that this Claims Con- medical, mental health, and long-term care resolution, H. Con. Res. 129, as amend- ference process has been nothing short needs. ed. of an abject failure is that nearly half Time is of the essence. Every day that deci- The question was taken. of the survivors today, Mr. Speaker, sions are stalled, we lose another survivor, an- The SPEAKER pro tempore. In the are living at or below the poverty level. other story, another chance to show our re- opinion of the Chair, two-thirds being Under this current system, many have spect for these individuals who have already in the affirmative, the ayes have it. died well before their time as a result endured what no one should. Ms. ROS-LEHTINEN. Mr. Speaker, of this current broken system, to say Today’s resolution recognizes the moral im- on that I demand the yeas and nays. nothing about the fraud, the corrup- perative for us—all of us—to work to ensure a The yeas and nays were ordered. tion, and the embezzlement that has life of dignity, security, and comfort for Holo- The SPEAKER pro tempore. Pursu- been documented. caust survivors. ant to clause 8 of rule XX, further pro- Mr. Speaker, the Claims Conference Mr. SMITH of New Jersey. Mr. Speaker, I ceedings on this motion will be post- has failed to live up to its mandate to rise in strong support of H. Con. Res. 129, poned.

VerDate Sep 11 2014 05:39 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.017 H07JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE June 7, 2016 CONGRESSIONAL RECORD — HOUSE H3479 CLARIFYING ELIGIBILITY OF necessary due to recent guidance of the I thank my friend and colleague from LAND MANAGEMENT AGENCY Office of Personnel Management, or Oklahoma for his leadership and his TIME-LIMITED EMPLOYEES FOR OPM. H.R. 4906 clarifies that Congress support on this important bill. PERMANENT APPOINTMENTS intended to remove restrictions on Mr. Speaker, I rise in strong support Mr. RUSSELL. Mr. Speaker, I move temporary seasonal employees that of a bipartisan bill, H.R. 4906, which I to suspend the rules and pass the bill would otherwise hinder their ability to am pleased to cosponsor with Chair- (H.R. 4906) to amend title 5, United compete for merit promotion vacancies man MEADOWS of the Government Op- States Code, to clarify the eligibility of open to other Federal employees. erations Subcommittee. employees of a land management agen- Seasonal work of land management This simple bill makes, as my friend cy in a time-limited appointment to agencies is accomplished by a mix of indicated, a technical correction to bi- compete for a permanent appointment both permanent and temporary em- partisan legislation known as the Land at any Federal agency, and for other ployees. Before the Land Management Management Workforce Flexibility purposes. Workforce Flexibility Act, regardless Act, on which I was pleased to work The Clerk read the title of the bill. of how many seasons served, temporary with the committee in passing into law The text of the bill is as follows: employees could not compete for per- just last year. That bill originally manent jobs under the merit pro- passed the House by a voice vote and H.R. 4906 motion procedures available to other then went on to pass the Senate by Be it enacted by the Senate and House of Rep- unanimous consent. As my colleagues resentatives of the United States of America in Federal employees. Under the bill en- Congress assembled, acted last year, long-serving temporary will recall, that bill was intended to give temporary seasonal employees an SECTION 1. ELIGIBILITY OF EMPLOYEES IN A employees were given this opportunity, TIME-LIMITED APPOINTMENT TO and their employing agencies are pro- opportunity to compete for permanent COMPETE FOR A PERMANENT AP- vided with better applicant pools as a full-time employment within all agen- POINTMENT AT ANY FEDERAL AGEN- result. cies across the entire Federal Govern- CY. For instance, experienced seasonal ment. Section 9602 of title 5, United States Code, is amended— wildland firefighters are well qualified Merit promotion procedures provide (1) in subsection (a) by striking ‘‘any land for permanent leadership roles within an important career advancement path management agency or any other agency (as agencies that work to combat for Federal employees, and many defined in section 101 of title 31) under the wildfires. Mr. Speaker, the Land Man- nonentry-level jobs are filled using this internal merit promotion procedures of the agement Workforce Flexibility Act rec- process. Yet, no matter how long an in- applicable agency’’ and inserting ‘‘such land ognized their service as employees and dividual has served, temporary sea- management agency when such agency is ac- afforded them opportunities for pro- sonal employees never get access to cepting applications from individuals within motion. merit promotion procedures. the agency’s workforce under merit pro- Now, who are those people? Those are motion procedures, or any agency, including However, recent guidance from the a land management agency, when the agency Office of Personnel Management se- men and women on the front line of is accepting applications from individuals verely limits temporary employees’ wildfires in the West, who put their outside its own workforce under the merit ability to compete for permanent jobs. lives on the line to contain forest fires promotion procedures of the applicable agen- OPM’s guidance declares temporary during the fire season out west—dan- cy’’; and employees eligible to compete for per- gerous work, arduous work. We are (2) in subsection (d) by inserting ‘‘of the manent jobs only in situations where simply trying to give them a fair agency from which the former employee was the hiring agency plans to prepare a shake, a fair shake that is available to most recently separated’’ after ‘‘deemed a all other Federal employees. This was time-limited employee’’. list of candidates under merit pro- motion procedures and accepts applica- intended to put them on an equal foot- The SPEAKER pro tempore. Pursu- tions only from individuals inside its ing for vacant jobs in the civil service, ant to the rule, the gentleman from own workforce. including permanent seasonal jobs. Oklahoma (Mr. RUSSELL) and the gen- This bill today makes a technical God knoweth why, but the Office of tleman from Virginia (Mr. CONNOLLY) correction to clarify the temporary Personnel Management recently issued each will control 20 minutes. seasonal employees of land manage- guidance to the agency, based on a nar- The Chair recognizes the gentleman ment agencies are eligible for the same row reading never intended by our from Oklahoma. opportunities for consideration under committee or by this Congress, of the GENERAL LEAVE merit promotion procedures that apply legislative language that would actu- Mr. RUSSELL. Mr. Speaker, I ask to other Federal employees. ally limit the positions to which these unanimous consent that all Members The bill also makes clear that eligi- temporary employees may apply to may have 5 legislative days in which to ble former employees are deemed to be just those within the current agency. revise and extend their remarks and in- employees of the agency from which That was never the intent of this Con- clude extraneous material on the bill they were most recently separated for gress, and I, frankly, feel, if you looked under consideration. instances where the position is limited at the legislative history both in com- The SPEAKER pro tempore. Is there to employees of the hiring agency. mittee and on the floor, that would objection to the request of the gen- Mr. Speaker, this straightforward have been clear. tleman from Oklahoma? bill will help to establish a more effec- Our bill, which reflects a collabo- There was no objection. tive, efficient, and qualified Federal rative effort with the majority and mi- Mr. RUSSELL. Mr. Speaker, I yield workforce. nority, as well as with OPM and em- myself such time as I may consume. I thank the ranking member of the ployee groups such as the National Mr. Speaker, the Land Management Subcommittee on Government Oper- Federation of Federal Employees, Workforce Flexibility Act enacted last ations, my friend, the gentleman from clarifies the intent, I hope, once and year removed a barrier to the career Virginia (Mr. CONNOLLY), for authoring for all. advancement opportunities of long- this key legislation. The barrier to merit promotion faced serving temporary and seasonal em- I would also like to highlight the by our temporary seasonal employees ployees of land management agencies great work of the chairman of the Sub- demoralizes the dedicated and coura- across the Federal Government. committee on Government Operations, geous corps that serves in land man- I want to thank my friend from Vir- the gentleman from North Carolina agement agencies, contributes to in- ginia (Mr. CONNOLLY) for his com- (Mr. MEADOWS), who is an original co- creased attrition, and ultimately leads panion work in the Committee on sponsor of H.R. 4906 and cares deeply to higher training costs and a less-ex- Oversight and Government Reform. I about remedying this situation. perienced, capable workforce. am proud to not only support it, but I I support this bill. Last year, Mr. Speaker, a record 10 authored a similar measure in the na- Mr. Speaker, I reserve the balance of million acres burned across these tional defense authorization. my time. United States, about 4 million more The bill we are considering today Mr. CONNOLLY. Mr. Speaker, I yield than average. In Arizona alone, 294 makes a technical correction that is myself such time as I may consume. fires burned in the first quarter of this

VerDate Sep 11 2014 05:39 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.019 H07JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3480 CONGRESSIONAL RECORD — HOUSE June 7, 2016 year, double that of the same period b 1700 Oklahoma (Mr. RUSSELL) and the gen- last year. Our country cannot afford to MAKING ELECTRONIC GOVERN- tleman from Pennsylvania (Mr. CART- degrade its wildland firefighting and MENT ACCOUNTABLE BY YIELD- WRIGHT) each will control 20 minutes. emergency response capabilities. ING TANGIBLE EFFICIENCIES The Chair recognizes the gentleman An individual that successfully com- ACT OF 2016 from Oklahoma. GENERAL LEAVE petes for a vacant permanent posi- Mr. RUSSELL. Mr. Speaker, I move tion—we are not creating new ones— Mr. RUSSELL. Mr. Speaker, I ask to suspend the rules and pass the bill unanimous consent that all Members under the clarified intent of this bill (H.R. 4904) to require the Director of would, upon appointment, become a ca- may have 5 legislative days in which to the Office of Management and Budget revise and extend their remarks and in- reer-conditional employee—unless the to issue a directive on the management employee had otherwise completed clude extraneous material on the bill of software licenses, and for other pur- under consideration. service requirements for career ten- poses. ure—and acquire competitive status The SPEAKER pro tempore. Is there The Clerk read the title of the bill. objection to the request of the gen- upon appointment. The text of the bill is as follows: tleman from Oklahoma? H.R. 4906 defines land management H.R. 4904 There was no objection. agencies to include the Forest Service, Be it enacted by the Senate and House of Rep- Mr. RUSSELL. Mr. Speaker, I yield Bureau of Land Management, National resentatives of the United States of America in myself such time as I may consume. Park Service, Fish and Wildlife Serv- Congress assembled, Mr. Speaker, I thank my friend from SECTION 1. SHORT TITLE. ice, Bureau of Reclamation, and Bu- Pennsylvania (Mr. CARTWRIGHT) on the reau of Indian Affairs. This Act may be cited as the ‘‘Making Electronic Government Accountable By Oversight and Government Reform The legislative fix will finally give Yielding Tangible Efficiencies Act of 2016’’ or Committee for introducing H.R. 4904, temporary seasonal firefighters and the ‘‘MEGABYTE Act of 2016’’. the Making Electronic Government Ac- other land management temporary sea- SEC. 2. OMB DIRECTIVE ON MANAGEMENT OF countable By Yielding Tangible Effi- sonal employees the chance to compete SOFTWARE LICENSES. ciencies Act of 2016, or the MEGABYTE for vacant permanent positions, sea- (a) DEFINITION.—In this section— Act of 2016, to improve the Federal sonal or full-time, under the same (1) the term ‘‘Director’’ means the Director Government’s management of software merit promotion procedures available of the Office of Management and Budget; and licenses. I am a proud cosponsor of this to other Federal employees. (2) the term ‘‘executive agency’’ has the straightforward legislation. meaning given that term in section 105 of Last year, I stated that our bipar- title 5, United States Code. Importantly, this bill is the House tisan bill was consistent with OPM’s (b) OMB DIRECTIVE.—The Director shall companion to Senator CASSIDY’s own support for the concept that ‘‘long- issue a directive to require the Chief Infor- MEGABYTE Act, S. 2340, and I am glad term temporaries who have dem- mation Officer of each executive agency to to see this proposal has found bipar- onstrated their abilities on the job develop a comprehensive software licensing tisan support in both Chambers and has should not have to compete with the policy, which shall— moved forward. (1) identify clear roles, responsibilities, public for permanent vacancies.’’ H.R. 4904 requires the Chief Informa- and central oversight authority within the tion Officer for each Federal agency to Despite their misinterpretation of executive agency for managing enterprise maintain a software license inventory H.R. 1531, the original land manage- software license agreements and commercial as well as analyze the use of software ment bill, I remain confident OPM still software licenses; and to inform decisionmaking. supports that sentiment. (2) require the Chief Information Officer of each executive agency to— Mr. Speaker, the Government Ac- In closing, I strongly urge my col- (A) establish a comprehensive inventory, countability Office has expressed re- leagues to support the bipartisan Land including 80 percent of software license peated concerns on software license Management Workforce Flexibility spending and enterprise licenses in the exec- management and its costs. In fact, the Act, ensuring that our Nation’s hard- utive agency, by identifying and collecting Government Accountability Office, or working, temporary, seasonal employ- information about software license agree- ments using automated discovery and inven- GAO, listed IT software license man- ees may compete to serve the Amer- agement as a potential cost savings ican people on a permanent basis, if tory tools; (B) regularly track and maintain software area on its 2015 duplication report. In they so choose. That will improve gov- licenses to assist the executive agency in im- our never-ending effort to cut waste, I ernment efficiency and effectiveness plementing decisions throughout the soft- agree with the GAO that it believes im- and, I believe, provide a safety valve ware license management life cycle; plementing sound, comprehensive soft- when it comes to the fire season out (C) analyze software usage and other data ware management policies has already west. But it is simply the right thing to make cost-effective decisions; achieved at least $250 million in sav- (D) provide training relevant to software to do, in the final analysis, on behalf of ings to the Federal Government. But this dedicated workforce. license management; (E) establish goals and objectives of the there is more work to be done. There Mr. Speaker, I yield back the balance software license management program of the are other savings that the government of my time. executive agency; and could and should be capturing. Mr. RUSSELL. Mr. Speaker, I urge (F) consider the software license manage- A 2014 GAO report found that only 2 the adoption of the bill. ment life cycle phases, including the requisi- of 24 major agencies had comprehen- tion, reception, deployment and mainte- sive software licensing policies in I yield back the balance of my time. nance, retirement, and disposal phases, to place. In fact, only 2 of the 24 agencies The SPEAKER pro tempore. The implement effective decisionmaking and in- had comprehensive license inventories. corporate existing standards, processes, and question is on the motion offered by Agencies cannot effectively manage the gentleman from Oklahoma (Mr. metrics. (c) REPORT ON SOFTWARE LICENSE MANAGE- the software licenses they have if they USSELL R ) that the House suspend the MENT.— don’t know what they have in the first rules and pass the bill, H.R. 4906. (1) IN GENERAL.—Beginning in the first fis- place. The question was taken. cal year beginning after the date of enact- Maintaining a thorough inventory is The SPEAKER pro tempore. In the ment of this Act, and in each of the fol- vital to ensure that agencies make lowing 5 fiscal years, the Chief Information opinion of the Chair, two-thirds being cost-effective decisions with respect to Officer of each executive agency shall submit software licensing and avoid duplica- in the affirmative, the ayes have it. to the Director a report on the financial sav- tive measures. Mr. RUSSELL. Mr. Speaker, on that ings or avoidance of spending that resulted The MEGABYTE Act will force agen- I demand the yeas and nays. from improved software license manage- ment. cies to focus on their software license The yeas and nays were ordered. (2) AVAILABILITY.—The Director shall make policies and their inventories, leading The SPEAKER pro tempore. Pursu- each report submitted under paragraph (1) to savings to the American taxpayer. ant to clause 8 of rule XX, further pro- publically available. These are straightforward steps that ceedings on this motion will be post- The SPEAKER pro tempore. Pursu- should already be happening, and this poned. ant to the rule, the gentleman from bill ensures that they will.

VerDate Sep 11 2014 05:39 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.020 H07JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE June 7, 2016 CONGRESSIONAL RECORD — HOUSE H3481 This legislation is about responsible the GAO, and that ends now with this health record system. But after nearly stewardship of the tax dollars of hard- legislation. two decades and spending over $560 mil- working Americans. I thank my friend, The Making Electronic Government lion toward that effort, DOD and VA Mr. CARTWRIGHT, and also Senator CAS- Accountable By Yielding Tangible Effi- ditched the plan and continued on with SIDY for their collective work on the ciencies Act, the MEGABYTE Act, is their separate systems. MEGABYTE Act. comprised of necessary reforms to the Now, our soldiers, sailors, airmen, Mr. Speaker, I urge my colleagues to Federal Government’s management of and marines who are making their not only support this legislation, but IT software licenses. In particular, the transition from DOD to VA health care all legislation in our continued quest MEGABYTE Act achieves cost savings are told to print out hard copies of to cut waste in government. by seven action items: their medical records and bring them Mr. Speaker, I reserve the balance of Number one, it requires the Office of to the VA. That is an enormous sum of my time. Management and Budget to issue direc- money to have spent with absolutely Mr. CARTWRIGHT. Mr. Speaker, I tives requiring agencies to identify nothing to show for it. rise in support of H.R. 4904, and I yield clear roles, responsibilities, and cen- Mr. Speaker, it is my hope that the myself such time as I may consume. tral oversight authority for managing MEGABYTE Act is the first in a series Mr. Speaker, let me first begin by IT software licenses; of steps we can take to minimize thanking our chairman of the Over- Number two, it requires having agen- wasteful software spending and to pro- sight and Government Reform Com- cies establish comprehensive records of mote efficient procurement of tech- mittee, JASON CHAFFETZ, for bringing software license spending and inven- nology. Our software and technology this bill forward for a vote. I also want tories of enterprise licenses in the must promote interoperability across to thank the gentleman from Mary- agency, as I just mentioned; multiple platforms—and this starts land, ELIJAH CUMMINGS, my friend and Number three, regularly track and with effective decisionmaking. By en- the ranking member; as well as the efficiently and effectively utilize soft- couraging the use of open standards other two lead cosponsors who are ware licenses to assist the executive that are technology neutral, we can en- here, Congressman WILL HURD of Texas agency in implementing decisions courage innovation when we create and Congressman STEVE RUSSELL of throughout the software license man- connected, interoperable components Oklahoma who just spoke for their sup- agement life cycle; and systems, driving down costs and port. Number four, analyze software usage avoiding unnecessary lock-in to any Additionally, I also want to join him and other data to make cost-effective one particular technology platform. in thanking Senator BILL CASSIDY— decisions in the purchase of software; Mr. Speaker, I am proud of the bipar- lately our colleague here in the House, Number five, provide relevant train- tisan and bicameral effort behind this but now over in the minor leagues—for ing for software license management; bill. I thank, again, our chairman, his support and his authorship of this Number six, establish broad objec- JASON CHAFFETZ, for advancing the bill. tives and targeted implementation bill. Mr. Speaker, we are always looking strategies of the software license man- Mr. Speaker, I reserve the balance of for ways to curb waste in the Federal agement program of the agency; my time. Mr. RUSSELL. Mr. Speaker, I am Government, and sometimes it is sur- And, finally, number seven, consider pleased to yield 3 minutes to the gen- prising the places you find it. It is a the software license management life tleman from Texas (Mr. HURD), my cycle phases, including the requisition, changing world. Fifty years ago, no- friend and colleague. body used the acronym IT, but now reception, deployment and mainte- Mr. HURD of Texas. Mr. Speaker, the they do, and there is waste to be found nance, retirement, and disposal phases Federal Government spends more than in the IT procurement mechanism. in order to implement effective deci- $80 billion a year on IT procurement, Mr. Speaker, the Federal Govern- sionmaking, again, in the purchase and and 80 percent of that is on legacy sys- ment spends $82 billion a year on infor- handling of software. tems, old and outdated systems that mation technology. Right now, for the The GAO found that when imple- all of us would think should be gone. second year in a row, our GAO has menting these oversight and manage- Every time I hear this stat, I get upset identified IT software license manage- ment practices reflected in the MEGA- because it is outrageous. This is a ment as a top priority in its annual du- BYTE Act, a Federal agency—one Fed- waste of Americans’ hard-earned tax plication report. A duplication report eral agency—saved 181 million tax dol- dollars. is something that is really good at lars in a single year. Enacting MEGA- In 2015, the Office of Management and identifying waste because duplication BYTE across the entire executive Budget noted that Federal agencies means what it says: you are dupli- branch promises potentially yielding spent about $9 billion on software li- cating purchases in the Federal Gov- billions of savings to the American tax- censes alone. But guess what? Many ernment. payer footing the bill for all of this. agencies are not managing these soft- Of the 24 major Federal agencies, as Mr. Speaker, improving the manage- ware licenses properly. I know—nobody you just heard, only two have imple- ment of agency contracts and licensing is surprised. mented policies of comprehensive and for commercial software is critical to The Government Accountability Of- clear management of software licenses. ensuring the procurement process fice did a report last year that ex- It is like this: anybody in the private works effectively for both the Federal plained agencies could achieve hun- sector knows that when you go to buy Government and industry that provides dreds of millions of dollars in govern- a suite of software from a major ven- the software. mentwide savings if they managed dor, they sell it in blocks with a price An obvious example of how effective their software licenses better. Agencies point. So you might buy a block of 25 software management could save not should already have a comprehensive copies of a particular brand of software only dollars and cents, but improve the inventory of what software they use. even though your office only needs 19 lives of Americans is in the health Agencies should already be utilizing copies. That means you have six extra records of our servicemembers. their spending power to get good deals licenses left over. Mr. Speaker, the Oversight and Gov- on software licenses. Agencies should The Federal Government buys soft- ernment Reform Committee has held already be getting rid of old software ware the same way. What we found is hearings on the failure by the Depart- they don’t use. But this isn’t hap- they are not doing a good enough job of ment of Defense and the Department of pening, so Congress is acting. keeping track of the unused licenses. Veterans Affairs to implement a fully In 2015, Congress passed landmark IT This bill codifies current administra- integrated electronic health record reform legislation called FITARA, tion efforts to do things like that to system for our Active Duty soldiers which gave agency CIOs greater au- save the Federal taxpayers their tax and our veterans. As early as 1998, DOD thority over IT decisions and changed dollars. and VA began an effort to create the way that the Federal Government Right now none of the 24 agencies health records that could work to- procures technology. have fully implemented all of these in- gether, with an initiative to create a The MEGABYTE Act, H.R. 4904, dustry best practices recommended by joint system—an integrated electronic builds upon the important work that

VerDate Sep 11 2014 05:39 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.024 H07JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3482 CONGRESSIONAL RECORD — HOUSE June 7, 2016 FITARA started. When enacted, this how the Federal Government procures (1) AVAILABILITY OF SPECIAL ACCOUNT UNDER bill would require CIOs to develop com- and manages its information tech- LINCOLN COUNTY LAND ACT OF 2000.—Section 5(b) prehensive inventories on their soft- nology portfolio. I urge its passage, and of the Lincoln County Land Act of 2000 (Public ware license agreements. Additionally, I am proud to be an original cosponsor. Law 106–298; 114 Stat. 1048) is amended— (A) in paragraph (1)— this measure would require agency Mr. RUSSELL. Mr. Speaker, I re- (i) in subparagraph (B), by inserting ‘‘and im- CIOs to provide OMB with annual re- serve the balance of my time. plementation’’ after ‘‘development’’; and ports on any realized savings, which Mr. CARTWRIGHT. Mr. Speaker, I (ii) in subparagraph (C)— OMB must make publicly available. yield myself such time as I may con- (I) in clause (i), by striking ‘‘; and’’ at the end It is simple, it is straightforward, sume. and inserting a semicolon; and and it makes sense. IT procurement is I urge my fellow Members of the (II) by adding at the end the following: ‘‘(iii) development and implementation of com- not a sexy topic. Nobody goes to a rally United States House of Representatives to vote ‘‘yes’’ on H.R. 4904, a common- prehensive, cost-effective, and multijuris- for IT procurement. But getting this dictional hazardous fuels reduction projects and right will save money, and when we cut sense, bipartisan, bicameral effort to wildfire prevention planning activities (particu- waste, we allow hardworking Ameri- save the American taxpayers money in larly for pinyon-juniper dominated landscapes) cans to keep more of their money in the purchase of software. It is our and other rangeland and woodland restoration their own pockets. chance to nip this problem in the bud projects within the County, consistent with the Mr. Speaker, I thank the gentleman before it gets bigger and bigger and Ely Resource Management Plan or a subsequent from Pennsylvania for his leadership bigger. It is an opportunity to save a amendment to the plan; and’’; and (B) by adding at the end the following: on this issue, and I look forward to whopping amount of money for the American taxpayer. ‘‘(3) COOPERATIVE AGREEMENTS.—Establish- continuing our work together. I urge ment of cooperative agreements between the Bu- my colleagues to support H.R. 4904. I yield back the balance of my time. reau of Land Management and the County shall Mr. CARTWRIGHT. Mr. Speaker, I Mr. RUSSELL. Mr. Speaker, I yield be required for any County-provided law en- yield 3 minutes to the gentleman from myself such time as I may consume. forcement and planning related activities ap- I also urge not only support and Virginia (Mr. CONNOLLY.) proved by the Secretary regarding— Mr. CONNOLLY. Mr. Speaker, I adoption of this bill, but I think it is ‘‘(A) wilderness in the County designated by thank my good friend from Pennsyl- crucial, as we continue to fight and the Lincoln County Conservation, Recreation, combat waste in government, that we and Development Act of 2004 (Public Law 108– vania (Mr. CARTWRIGHT) especially for 424; 118 Stat. 2403); his leadership on this bill, the MEGA- look at measures that are so ripe and so effective, if we pass them, that they ‘‘(B) cultural resources identified, protected, BYTE Act. and managed pursuant to that Act; Mr. Speaker, as has been indicated, will have an immediate impact on tax ‘‘(C) planning, management, and law enforce- we spend over $80 billion a year on IT dollars that are wasted. Here we have a ment associated with the Silver State OHV Trail procurement across the Federal Gov- measure that literally will save bil- designated by that Act; and ernment, 80 percent of which maybe is lions of dollars in the very short term. ‘‘(D) planning associated with land disposal used to maintain old and legacy sys- It is very, very important that we pass and related land use authorizations required for utility corridors and rights-of-way to serve land tems, some of those systems going it. I urge adoption of the bill. I yield back the balance of my time. that has been, or is to be, disposed of pursuant back to the 1960s. We are still funding The SPEAKER pro tempore. The to that Act (other than rights-of-way granted COBOL, DOS, and many multiple sys- question is on the motion offered by pursuant to that Act) and this Act.’’. tems that aren’t integrated and aren’t (2) AVAILABILITY OF SPECIAL ACCOUNT UNDER the gentleman from Oklahoma (Mr. interoperable. LINCOLN COUNTY CONSERVATION, RECREATION, RUSSELL) that the House suspend the AND DEVELOPMENT ACT OF 2004.—Section 103 of b 1715 rules and pass the bill, H.R. 4904. the Lincoln County Conservation, Recreation, My friend, Mr. CARTWRIGHT, gave The question was taken. and Development Act of 2004 (Public Law 108– what I think is one of the most glaring The SPEAKER pro tempore. In the 424; 118 Stat. 2406) is amended— examples of how, even when we move opinion of the Chair, two-thirds being (A) in subsection (b)(3)— (i) in subparagraph (E), by striking ‘‘; and’’ to update, because of the stovepipe na- in the affirmative, the ayes have it. Mr. RUSSELL. Mr. Speaker, on that at the end and inserting a semicolon; ture of decisionmaking all too often in I demand the yeas and nays. (ii) in subparagraph (F), by striking the pe- the Federal Government, bad decisions The yeas and nays were ordered. riod at the end and inserting ‘‘; and’’; and get made. The SPEAKER pro tempore. Pursu- (iii) by adding at the end the following: The Pentagon has one system for ‘‘(G) development and implementation of com- ant to clause 8 of rule XX, further pro- prehensive, cost-effective, and multijuris- medical recordkeeping and the Vet- ceedings on this motion will be post- erans Administration has another. dictional hazardous fuels reduction and wildfire poned. prevention planning activities (particularly for When one individual moves from Ac- f pinyon-juniper dominated landscapes) and tive Duty to retired status, they have other rangeland and woodland restoration to take their records with them, phys- EASTERN NEVADA LAND IMPLE- projects within the County, consistent with the ically, because the two systems, up- MENTATION IMPROVEMENT ACT Ely Resource Management Plan or a subsequent graded recently, are not compatible. A Mr. HARDY. Mr. Speaker, I move to amendment to the plan.’’; and third procurement contract had to be suspend the rules and pass the bill (B) by adding at the end the following: ‘‘(d) COOPERATIVE AGREEMENTS.—Establish- issued for the private sector to try to (H.R. 1815) to facilitate certain pinyon- see if they could bridge these two sys- ment of cooperative agreements between the Bu- juniper related projects in Lincoln reau of Land Management and the County shall tems, and the taxpayer had to pay a County, Nevada, to modify the bound- be required for any County-provided law en- third time. Why couldn’t we get that aries of certain wilderness areas in the forcement and planning related activities ap- right the first time? State of Nevada, and to provide for the proved by the Secretary regarding— Making sure these investments serve implementation of a conservation plan ‘‘(1) wilderness in the County designated by the purpose for which they are in- for the Virgin River, Nevada, as this Act; tended is really critical. This act helps amended. ‘‘(2) cultural resources identified, protected, codify that. and managed pursuant to this Act; The Clerk read the title of the bill. ‘‘(3) planning, management, and law enforce- My friend, Mr. HURD from Texas, was The text of the bill is as follows: ment associated with the Silver State OHV Trail gracious in bringing up the FITARA, H.R. 1815 designated by this Act; and the Federal Information Technology Be it enacted by the Senate and House of Rep- ‘‘(4) planning associated with land disposal Acquisition Reform Act, which I think resentatives of the United States of America in and related land use authorizations required for sets the construct, the structure, for Congress assembled, utility corridors and rights-of-way to serve land every Federal agency to modernize SECTION 1. SHORT TITLE. that has been, or is to be, disposed of pursuant itself to improve efficiency, to stream- This Act may be cited as the ‘‘Eastern Nevada to this Act (other than rights-of-way granted line management, and to make sure Land Implementation Improvement Act’’. pursuant to this Act) and the Lincoln County Land Act of 2000 (Public Law 106–298; 114 Stat. that these investments are efficacious. SEC. 2. FACILITATION OF PINYON-JUNIPER RE- LATED PROJECTS IN LINCOLN 1046).’’. The MEGABYTE Act is a wonderful COUNTY, NEVADA. (b) DISPOSITION OF PROCEEDS.— complement to that when it comes to (a) FACILITATION OF PINYON-JUNIPER RE- (1) DISPOSITION OF PROCEEDS UNDER LINCOLN software. I think it will help transform LATED PROJECTS.— COUNTY LAND ACT OF 2000.—Section 5(a)(2) of the

VerDate Sep 11 2014 05:39 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4634 Sfmt 6333 E:\CR\FM\K07JN7.025 H07JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE June 7, 2016 CONGRESSIONAL RECORD — HOUSE H3483 Lincoln County Land Act of 2000 (Public Law tablished under section 2(13) of the Nevada Wil- conservation plan to protect several 106–298; 114 Stat. 1047) is amended by inserting derness Protection Act of 1989 (16 U.S.C. 1132 species in the Lower Virgin River ‘‘and the Lincoln County Regional Development note; Public Law 101–195) is adjusted to in- Basin before moving ahead with two Authority’’ after ‘‘schools’’. clude— land acquisitions. The city planned to (2) DISPOSITION OF PROCEEDS UNDER LINCOLN ‘‘(1) the land identified as the ‘Mount Moriah COUNTY CONSERVATION, RECREATION, AND DEVEL- Wilderness Area’ and ‘Mount Moriah Additions’ use these funds from the Mesquite OPMENT ACT OF 2004.—Section 103(b)(2) of the on the map entitled ‘Eastern White Pine Coun- Lands Act, a law passed by Congress in Lincoln County Conservation, Recreation, and ty’ and dated November 29, 2006; and 1986 that allowed the city to acquire Development Act of 2004 (Public Law 108–424; ‘‘(2) the land identified as ‘NFS Lands’ on the and develop lands from the Federal 118 Stat. 2405) is amended by striking ‘‘and map entitled ‘Proposed Wilderness Boundary Government, to complete the plan. transportation’’ and inserting ‘‘transportation, Adjustment Mt. Moriah Wilderness Area’ and FWS signed a memorandum of agree- and the Lincoln County Regional Development dated June 18, 2014. ment with the city of Mesquite to Authority or any other County economic devel- ‘‘(f) HIGH SCHELLS WILDERNESS ADJUST- carry out the law. opment organization’’. MENT.—The boundary of the High Schells Wil- (c) REALIGN A PORTION OF THE LCCRDA derness established under subsection (a)(11) is This agreement expired in 2014. The UTILITY CORRIDOR.—Section 301(a) of the Lin- adjusted to include the land identified as ‘In- Fish and Wildlife Service refused to coln County Conservation, Recreation, and De- clude as Wilderness’ on the map entitled ‘McCoy sign a new memorandum of agreement velopment Act of 2004 (Public Law 108–424; 118 Creek Adjustment’ and dated November 3, 2014, or to allow the city to access the nec- Stat. 2413) establishes a 2,640-foot wide utility and to exclude the land identified as ‘NFS essary funding because it didn’t feel corridor as depicted on a map dated October 1, Lands’ on the map entitled ‘Proposed Wilder- that the current legislation enabled 2004. The Secretary of the Interior shall realign ness Boundary Adjustment High Schells Wilder- them to implement the conservation a portion of the corridor by removing the des- ness Area’ and dated June 17, 2014.’’. plan. As a result, all efforts to advance ignation in sections 5, 6, 7, 8, 9, 10, 11, 14, and (b) AMENDMENTS TO THE NEVADA WILDERNESS 15, T. 7 N., R. 68 E. and realigning the corridor PROTECTION ACT OF 1989.—The Nevada Wilder- the conservation plan and expand the to sections 31, 32, and 33, T. 8 N., R. 68 E.; sec- ness Protection Act of 1989 (16 U.S.C. 1132 note; city are at a standstill. tions 4, 5, and 6, T. 7 N., R. 68 E.; and sections Public Law 101–195; 103 Stat. 1784) is amended This bill remedies the problem by 1 and 12, T. 7 N., 67 E. as shown on the October by adding at the end the following: making a technical correction to the 1, 2004, map. ‘‘SEC. 12. ARC DOME BOUNDARY ADJUSTMENT. Mesquite Lands Act of 1988 that will (d) FINAL CORRECTIVE PATENT IN CLARK ‘‘The boundary of the Arc Dome Wilderness provide the necessary authority to the COUNTY, NEVADA.— established under section 2(2) is adjusted to ex- Fish and Wildlife Service to implement (1) VALIDATION OF PATENT.—Patent number clude the land identified as ‘Exclude from Wil- 27-2005-0081 issued by the Bureau of Land Man- the conservation plan, after signing the derness’ on the map entitled ‘Arc Dome Adjust- new agreement with the city of Mes- agement on February 18, 2005, is affirmed and ment’ and dated November 3, 2014.’’. quite. validated as having been issued pursuant to, SEC. 4. IMPLEMENTATION OF CONSERVATION and in compliance with, the Nevada-Florida PLAN, VIRGIN RIVER, NEVADA. Lastly, the bill makes several bound- Land Exchange Authorization Act of 1988 (Pub- Section 3(d)(3)(B) of Public Law 99–548 (100 ary adjustments that collectively re- lic Law 100–275; 102 Stat. 52), the National Envi- Stat. 3061; 116 Stat. 2018) is amended by striking duce three wilderness areas to improve ronmental Policy Act of 1969 (42 U.S.C. 4321 et ‘‘development of a multispecies habitat con- public access to the Big Canyon Trail- seq.), and the Federal Land Policy and Man- servation plan for’’ and inserting ‘‘development head, provide land to the existing Girl agement Act of 1976 (43 U.S.C. 1701 et seq.) for and implementation of a conservation plan to Scouts camp, and release a small dam the benefit of the desert tortoise, other species, benefit fish and wildlife species of’’. and the habitat of the desert tortoise and other owned and operated by the Yamba SEC. 5. TECHNICAL AMENDMENT. species to increase the likelihood of the recovery Tribe. Section 3(f)(2)(B) of Public Law 99-548 (100 of the desert tortoise and other species. It is important to know that all of Stat. 3061) is amended by striking ‘‘(v) Sec. 7.’’. (2) RATIFICATION OF RECONFIGURATION.—The the money that would be spent to exe- process used by the United States Fish and The SPEAKER pro tempore. Pursu- cute these programs in this bill would Wildlife Service and the Bureau of Land Man- ant to the rule, the gentleman from come from special accounts that al- agement in reconfiguring the land described in Nevada (Mr. HARDY) and the gentleman ready exist. Not a single taxpayer dol- paragraph (1), as depicted on Exhibit 1-4 of the from Missouri (Mr. CLAY) each will Final Environmental Impact Statement for the lar would go to pay for this bill. These control 20 minutes. special accounts are funded by the pro- Planned Development Project MSHCP, Lincoln The Chair recognizes the gentleman County, NV (FWS-R8-ES-2008-N0136) and the ceeds of the Federal land sales in Ne- reconfiguration provided for in Special Condi- from Nevada. vada and, in total, have a balance of tion 10 of the Army Corps of Engineers Permit GENERAL LEAVE $270 million in unobligated funds. The No. 000005042 are ratified. Mr. HARDY. Mr. Speaker, I ask $2 million predicted to be used for the (e) FINAL LAND RECONFIGURATION IN LINCOLN unanimous consent that all Members purposes in H.R. 1815—protecting com- COUNTY, NEVADA.— may have 5 legislative days to revise munities from catastrophic wildfires (1) DEFINITIONS.—In this subsection: and extend their remarks and include (A) MAP.—The term ‘‘Map’’ means the map by reducing hazardous fuels and imple- prepared by the Bureau of Land Management extraneous materials on the bill under menting a habitat conservation plan— entitled ‘‘Proposed Lincoln County Land Recon- consideration. would come directly from those ac- figuration’’ and dated January 28, 2016. The SPEAKER pro tempore. Is there counts at no cost to the taxpayer. (B) SECRETARY.—The term ‘‘Secretary’’ means objection to the request of the gen- This is a well-balanced, bipartisan the Secretary of the Interior, acting through the tleman from Nevada? piece of legislation that will reduce Director of the Bureau of Land Management. There was no objection. wildland fire threat and greatly benefit (2) ISSUANCE OF LINCOLN COUNTY CORRECTIVE Mr. HARDY. Mr. Speaker, I yield my- local communities, wildlife and its PATENT.— self such time as I may consume. (A) IN GENERAL.—The Secretary may issue a habitat, and the future management of corrective patent for 7,548 acres of land in Lin- H.R. 1815, the Eastern Nevada Land public lands in Nevada. coln County, Nevada, that is depicted on the Implementation Improvement Act, I urge my colleagues to support H.R. Map. which I introduced last year, makes 1815. (B) APPLICABLE LAW.—A corrective patent several changes to the existing Federal I reserve the balance of my time. issued under subparagraph (A) shall be consid- land laws. The bill authorizes haz- Mr. CLAY. Mr. Speaker, I yield my- ered to have been issued pursuant to, and in ardous fuels reduction projects and self such time as I may consume. compliance with, the Nevada-Florida Land Ex- wildfire planning for rangeland and H.R. 1815 clarifies and updates sev- change Authorization Act of 1988 (Public Law woodland restoration projects in Lin- 100–275; 102 Stat. 52). eral laws related to the management of coln County, Nevada. These projects Federal land in eastern Nevada. This SEC. 3. MT. MORIAH WILDERNESS, HIGH SCHELLS WILDERNESS, AND ARC DOME WIL- will help reduce the risk of cata- bill is cosponsored by the entire Ne- DERNESS BOUNDARY ADJUST- strophic wildfire and improve and pro- vada delegation, and I recognize its MENTS. tect habitat for the greater sage- passage is important to the people of (a) AMENDMENTS TO THE PAM WHITE WILDER- grouse. eastern Nevada. NESS ACT.—Section 323 of the Pam White Wil- The bill also authorizes the imple- I want to thank the majority and the derness Act of 2006 (16 U.S.C. 1132 note; Public Law 109–432; 120 Stat. 3031) is amended by strik- mentation of a conservation plan in sponsor for working with the Bureau of ing subsection (e) and inserting the following: Nevada’s Virgin River region. In 2002, Land Management to address many of ‘‘(e) MT. MORIAH WILDERNESS ADJUSTMENT.— the U.S. Fish and Wildlife Service re- their concerns. Resolving those con- The boundary of the Mt. Moriah Wilderness es- quired the city of Mesquite to create a cerns and working with the BLM turn

VerDate Sep 11 2014 05:39 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A07JN7.013 H07JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3484 CONGRESSIONAL RECORD — HOUSE June 7, 2016 this bill into a proposal we can sup- lished as an affiliated area of the National Park the potential for archeological re- port. System. search. Mr. Speaker, I urge my colleagues to (b) DESCRIPTION.—The affiliated area shall This bill passed out of committee by vote in support of this legislation. consist of the area generally depicted within the unanimous consent. I urge my col- I yield back the balance of my time. ‘‘Proposed Boundary’’ on the map entitled leagues to vote in favor of its passage. Mr. HARDY. Mr. Speaker, I urge my ‘‘Parker’s Crossroads Battlefield, Proposed Boundary’’, numbered 903/80,073, and dated I reserve the balance of my time. colleagues to vote in support of this July 2014. Mr. CLAY. Mr. Speaker, I yield my- legislation also. (c) ADMINISTRATION.—The affiliated area self such time as I may consume. I yield back the balance of my time. shall be managed in accordance with this Act By expanding the boundaries of the The SPEAKER pro tempore. The and all laws generally applicable to units of the Shiloh National Military Park in the question is on the motion offered by National Park System. State of Tennessee, H.R. 87 will assist the gentleman from Nevada (Mr. (d) MANAGEMENT ENTITY.—The City of Park- the National Park Service in its efforts HARDY) that the House suspend the ers Crossroads and the Tennessee Historical to preserve and interpret resources as- rules and pass the bill, H.R. 1815, as Commission shall jointly be the management en- sociated with the Civil War. amended. tity for the affiliated area. The bill adjusts the boundary of the (e) COOPERATIVE AGREEMENTS.—The Sec- The question was taken. retary may provide technical assistance and park to include several sites identified The SPEAKER pro tempore. In the enter into cooperative agreements with the man- in the 2004 boundary expansion study opinion of the Chair, two-thirds being agement entity for the purpose of providing fi- conducted by the National Park Serv- in the affirmative, the ayes have it. nancial assistance with marketing, marking, in- ice. This bill also establishes the Park- Mr. HARDY. Mr. Speaker, on that I terpretation, and preservation of the affiliated er’s Crossroads Battlefield as an associ- demand the yeas and nays. area. ated area of the National Park System, The yeas and nays were ordered. (f) LIMITED ROLE OF THE SECRETARY.—Noth- providing even broader opportunities The SPEAKER pro tempore. Pursu- ing in this Act authorizes the Secretary to ac- to interpret the Civil War story. ant to clause 8 of rule XX, further pro- quire property at the affiliated area or to as- Associated sites, such as Parker’s sume overall financial responsibility for the op- ceedings on this motion will be post- Crossroads Battlefield, continue to poned. eration, maintenance, or management of the af- filiated area. highlight the value of State and local f (g) GENERAL MANAGEMENT PLAN.— partnerships in the preservation of our SHILOH NATIONAL MILITARY (1) IN GENERAL.—The Secretary, in consulta- national heritage. By incorporating PARK BOUNDARY ADJUSTMENT tion with the management entity, shall develop three additional sites related to the a general management plan for the affiliated Siege of Corinth into the park and AND PARKER’S CROSSROADS area. The plan shall be prepared in accordance BATTLEFIELD DESIGNATION ACT under the management of the National with section 100502 of title 54, United States Park Service, this bill guarantees the Mr. HARDY. Mr. Speaker, I move to Code. (2) TRANSMITTAL.—Not later than 3 years lasting conservation of these places of suspend the rules and pass the bill knowledge and remembrance. (H.R. 87) to modify the boundary of the after the date that funds are made available for this Act, the Secretary shall provide a copy of The emphasis that we all need to Shiloh National Military Park located the completed general management to the Com- place on preserving our country’s his- in Tennessee and Mississippi, to estab- mittee on Natural Resources of the House of tory cannot be overstated, and the lish Parker’s Crossroads Battlefield as Representatives and the Committee on Energy Civil War is a chapter in our national an affiliated area of the National Park and Natural Resources of the Senate. story that continues to shape the System, and for other purposes, as The SPEAKER pro tempore. Pursu- thoughts and actions of this country amended. ant to the rule, the gentleman from over 150 years after its conclusion. The Clerk read the title of the bill. Nevada (Mr. HARDY) and the gentleman b 1730 The text of the bill is as follows: from Missouri (Mr. CLAY) each will H.R. 87 control 20 minutes. The struggles and personal conflicts Be it enacted by the Senate and House of Rep- The Chair recognizes the gentleman that were faced by millions of soldiers resentatives of the United States of America in from Nevada. and the impact on families throughout Congress assembled, and after the war have provided us GENERAL LEAVE SECTION 1. SHORT TITLE. with many lessons—lessons that con- Mr. HARDY. Mr. Speaker, I ask This Act may be cited as the ‘‘Shiloh National tinue to remain relevant today. We can unanimous consent that all Members Military Park Boundary Adjustment and Park- only ensure that we continue to learn er’s Crossroads Battlefield Designation Act’’. may have 5 legislative days to revise from past struggles, triumphs, and mis- SEC. 2. DEFINITIONS. and extend their remarks and include takes if we make the effort to set aside In this Act, the following definitions apply: extraneous materials on the bill under special places for future generations. (1) AFFILIATED AREA.—The term ‘‘affiliated consideration. area’’ means the Parker’s Crossroads Battlefield Parks, such as Shiloh National Mili- established as an affiliated area of the National The SPEAKER pro tempore. Is there tary Park, offer countless opportuni- Park System under section 4. objection to the request of the gen- ties for us to explore the rich history (2) PARK.—The term ‘‘Park’’ means Shiloh tleman from Nevada? and lessons of the past. These opportu- National Military Park, a unit of the National There was no objection. nities are most effective when visitors Park System. Mr. HARDY. Mr. Speaker, I yield my- (3) SECRETARY.—The term ‘‘Secretary’’ means to these sites can immerse themselves self such time as I may consume. in the full setting of the area and gain the Secretary of the Interior. H.R. 87, introduced by Representative SEC. 3. AREAS TO BE ADDED TO SHILOH NA- a true understanding of the historical MARSHA BLACKBURN of Tennessee, ex- TIONAL MILITARY PARK. context, which is something that this (a) ADDITIONAL AREAS.—The boundary of pands the boundaries of the Shiloh Na- expansion of the Shiloh National Mili- Shiloh National Military Park is modified to in- tional Military Park and designates tary Park will achieve. clude the areas that are generally depicted on the Parker’s Crossroads Battlefield as I thank Representative BLACKBURN the map entitled ‘‘Shiloh National Military an affiliated area of the National Park for her hard work and commitment to Park, Proposed Boundary Adjustment’’, num- System. Located in Corinth, Mis- protecting the historical resources in bered 304/80,011, and dated July 2014, as follows: sissippi, the Battle of Shiloh was a (1) Fallen Timbers Battlefield. her State, and I urge my colleagues to (2) Russell House Battlefield. flash point in the Western theater dur- support the bill. (3) Davis Bridge Battlefield. ing the Civil War. Mr. Speaker, I reserve the balance of (b) ACQUISITION AUTHORITY.—The Secretary This bill would preserve three crit- my time. may acquire lands described in subsection (a) by ical battlefields, covering approxi- Mr. HARDY. Mr. Speaker, I yield 3 donation, purchase from willing sellers with do- mately 2,126 acres, associated with the minutes to the gentlewoman from Ten- nated or appropriated funds, or exchange. Siege of Corinth, including the Fallen (c) ADMINISTRATION.—Any lands acquired nessee (Mrs. BLACKBURN). under this section shall be administered as part Timbers, Russell House, and Davis Mrs. BLACKBURN. I thank my col- of the Park. Bridge Battlefields. The National Park leagues for the work that they have SEC. 4. ESTABLISHMENT OF AFFILIATED AREA. Service determined that each of these done on this issue. (a) IN GENERAL.—Parker’s Crossroads Battle- sites provides extensive opportunities Mr. Speaker, they have each men- field in the State of Tennessee is hereby estab- for visitor use and interpretation or tioned the public-private partnership

VerDate Sep 11 2014 05:39 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.028 H07JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE June 7, 2016 CONGRESSIONAL RECORD — HOUSE H3485 that has taken place in Tennessee and SEC. 3. CONVEYANCE OF LAND TO BE HELD IN 11, 2014, and on file and available for public in- Mississippi and at the Shiloh National TRUST FOR CERTAIN INDIAN spection in the appropriate offices of the Bureau TRIBES. Military Park. I think it is so signifi- of Land Management. (a) CONVEYANCE OF LAND TO BE HELD IN (2) CONVEYANCE OF LAND.—Subject to valid cant that we have seen our local elect- TRUST FOR THE FORT MCDERMITT PAIUTE AND existing rights, all right, title, and interest of ed officials work with our State and SHOSHONE TRIBE.— the United States in and to the land described in Federal officials. (1) DEFINITION OF MAP.—In this subsection, paragraph (3)— I do have to commend the employees the term ‘‘map’’ means the map entitled ‘‘Fort (A) is held in trust by the United States for of the National Park Service who have McDermitt Indian Reservation Expansion Act’’, the benefit of the Reno-Sparks Indian Colony; done a phenomenal job as they have dated February 21, 2013, and on file and avail- and able for public inspection in the appropriate of- worked toward the preservation of (B) shall be part of the reservation of the fices of the Bureau of Land Management. Reno-Sparks Indian Colony. these entities, as Mr. CLAY said so very (2) CONVEYANCE OF LAND.—Subject to valid (3) DESCRIPTION OF LAND.—The land referred well, and who have looked at how we existing rights, all right, title, and interest of to in paragraph (2) is the approximately 13,434 adjust the boundaries, expand the the United States in and to the land described in acres of land administered by the Bureau of boundaries, and then preserve these paragraph (3)— Land Management as generally depicted on the areas. It is a part of the historical leg- (A) is held in trust by the United States for map as ‘‘RSIC Amended Boundary’’. acy, as has been said, not only of Ten- the benefit of the Fort McDermitt Paiute and (e) CONVEYANCE OF LAND TO BE HELD IN nessee’s and Mississippi’s, but of the Shoshone Tribe; and TRUST FOR THE PYRAMID LAKE PAIUTE TRIBE.— (B) shall be part of the reservation of the Fort (1) MAP.—In this subsection, the term ‘‘map’’ United States’. McDermitt Paiute and Shoshone Tribe. means the map entitled ‘‘Pyramid Lake Indian Indeed, over a half million visitors a (3) DESCRIPTION OF LAND.—The land referred Reservation Expansion’’, dated April 13, 2015, year come to the Shiloh National Mili- to in paragraph (2) is the approximately 19,094 and on file and available for public inspection tary Park. This will give the National acres of land administered by the Bureau of in the appropriate offices of the Bureau of Land Park Service the flexibility that it Land Management as generally depicted on the Management. needs to look at adding in the addi- map as ‘‘Reservation Expansion Lands’’. (2) CONVEYANCE OF LAND.—Subject to valid tional 2,100 acres into this park. It (b) CONVEYANCE OF LAND TO BE HELD IN existing rights, all right, title, and interest of TRUST FOR THE SHOSHONE PAIUTE TRIBES.— would encompass the Fallen Timbers, the United States in and to the land described in (1) DEFINITION OF MAP.—In this subsection, paragraph (3)— the Russell House, and the Davis the term ‘‘map’’ means the map entitled ‘‘Moun- (A) is held in trust by the United States for Bridge battlefields, and would provide tain City Administrative Site Proposed Acquisi- the benefit of the Pyramid Lake Paiute Tribe; that consideration for Parker’s Cross- tion’’, dated July 29, 2013, and on file and avail- and roads. As I said, it is an important part able for public inspection in the appropriate of- (B) shall be part of the reservation of the Pyr- of the National Park Service. fices of the Forest Service. amid Lake Paiute Tribe. This legislation is the product of (2) CONVEYANCE OF LAND.—Subject to valid (3) DESCRIPTION OF LAND.—The land referred work from our local, State, and Fed- existing rights and paragraph (4), all right, title, to in paragraph (2) is the approximately 6,357 and interest of the United States in and to the acres of land administered by the Bureau of eral officials and from the community land described in paragraph (3)— Land Management as generally depicted on the groups and organizations that support (A) is held in trust by the United States for map as ‘‘Reservation Expansion Lands’’. this. the benefit of the Shoshone Paiute Tribes of the (f) CONVEYANCE OF LAND TO BE HELD IN I thank my colleagues for their sup- Duck Valley Indian Reservation; and TRUST FOR THE DUCKWATER SHOSHONE TRIBE.— port. (B) shall be part of the reservation of the Sho- (1) MAP.—In this subsection, the term ‘‘map’’ Mr. CLAY. Mr. Speaker, I urge my shone Paiute Tribes of the Duck Valley Indian means the map entitled ‘‘Duckwater Reservation colleagues to support this legislation. Reservation. Expansion’’, dated October 15, 2015, and on file (3) DESCRIPTION OF LAND.—The land referred and available for public inspection in the appro- I yield back the balance of my time. to in paragraph (2) is the approximately 82 acres priate offices of the Bureau of Land Manage- Mr. HARDY. Mr. Speaker, I yield of land administered by the Forest Service as ment. back the balance of my time. generally depicted on the map as ‘‘Proposed Ac- (2) CONVEYANCE OF LAND.—Subject to valid The SPEAKER pro tempore. The quisition Site’’. existing rights, all right, title, and interest of question is on the motion offered by (4) CONDITION ON CONVEYANCE.—The convey- the United States in and to the land described in the gentleman from Nevada (Mr. ance under paragraph (2) shall be subject to the paragraph (3)— reservation of an easement on the conveyed (A) is held in trust by the United States for HARDY) that the House suspend the land for a road to provide access to adjacent the benefit of the Duckwater Shoshone Tribe; rules and pass the bill, H.R. 87, as National Forest System land for use by the For- and amended. est Service for administrative purposes. (B) shall be part of the reservation of the The question was taken; and (two- (5) FACILITIES AND IMPROVEMENTS.—The Sec- Duckwater Shoshone Tribe. thirds being in the affirmative) the retary of Agriculture (acting through the Chief (3) DESCRIPTION OF LAND.—The land referred rules were suspended and the bill, as of the Forest Service) shall convey to the Sho- to in paragraph (2) is the approximately 31,229 amended, was passed. shone Paiute Tribes of the Duck Valley Indian acres of land administered by the Bureau of A motion to reconsider was laid on Reservation any existing facilities or improve- Land Management as generally depicted on the map as ‘‘Reservation Expansion Lands’’. the table. ments to the land described in paragraph (3). (c) CONVEYANCE OF LAND TO BE HELD IN (g) REVOCATION OF PUBLIC LAND ORDERS.— TRUST FOR THE SUMMIT LAKE PAIUTE TRIBE.— Any public land order that withdraws any por- f (1) DEFINITION OF MAP.—In this section, the tion of land conveyed to an Indian tribe under term ‘‘map’’ means the map entitled ‘‘Summit this section shall be revoked to the extent nec- NEVADA NATIVE NATIONS LAND Lake Indian Reservation Conveyance’’, dated essary to permit the conveyance of the land. ACT February 28, 2013, and on file and available for SEC. 4. ADMINISTRATION. public inspection in the appropriate offices of (a) SURVEY.—Not later than 180 days after the Mr. HARDY. Mr. Speaker, I move to the Bureau of Land Management. date of enactment of this Act, the Secretary suspend the rules and pass the bill (2) CONVEYANCE OF LAND.—Subject to valid shall complete a survey of the boundary lines to (H.R. 2733) to require the Secretary of existing rights, all right, title, and interest of establish the boundaries of the land taken into the Interior to take land into trust for the United States in and to the land described in trust for each Indian tribe under section 3. certain Indian tribes, and for other paragraph (3)— (b) USE OF TRUST LAND.— (A) is held in trust by the United States for (1) GAMING.—Land taken into trust under sec- purposes, as amended. the benefit of the Summit Lake Paiute Tribe; tion 3 shall not be eligible, or considered to have The Clerk read the title of the bill. and been taken into trust, for class II gaming or The text of the bill is as follows: (B) shall be part of the reservation of the class III gaming (as those terms are defined in H.R. 2733 Summit Lake Paiute Tribe. section 4 of the Indian Gaming Regulatory Act (3) DESCRIPTION OF LAND.—The land referred (25 U.S.C. 2703)). Be it enacted by the Senate and House of Rep- to in paragraph (2) is the approximately 941 (2) THINNING; LANDSCAPE RESTORATION.—With resentatives of the United States of America in acres of land administered by the Bureau of respect to the land taken into trust under sec- Congress assembled, Land Management as generally depicted on the tion 3, the Secretary, in consultation and co- SECTION 1. SHORT TITLE. map as ‘‘Reservation Conveyance Lands’’. ordination with the applicable Indian tribe, may This Act may be cited as the ‘‘Nevada Native (d) CONVEYANCE OF LAND TO BE HELD IN carry out any fuel reduction and other land- Nations Land Act’’. TRUST FOR THE RENO-SPARKS INDIAN COLONY.— scape restoration activities, including restora- SEC. 2. DEFINITION OF SECRETARY. (1) DEFINITION OF MAP.—In this subsection, tion of sage grouse habitat, on the land that is In this Act, the term ‘‘Secretary’’ means the the term ‘‘map’’ means the map entitled ‘‘Reno- beneficial to the Indian tribe and the Bureau of Secretary of the Interior. Sparks Indian Colony Expansion’’, dated June Land Management.

VerDate Sep 11 2014 05:39 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4634 Sfmt 6333 E:\CR\FM\K07JN7.031 H07JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3486 CONGRESSIONAL RECORD — HOUSE June 7, 2016 The SPEAKER pro tempore. Pursu- from the Show Me State. I appreciate SEC. 2. RECREATIONAL FISHING IN BLOCK IS- ant to the rule, the gentleman from the background. LAND SOUND TRANSIT ZONE. (a) IN GENERAL.—The Secretary of Commerce, Nevada (Mr. HARDY) and the gentleman Mr. Speaker, this is the return of a in consultation with the Atlantic States Marine from Missouri (Mr. CLAY) each will bill that was passed in the 114th Con- Fisheries Commission, may issue regulations to control 20 minutes. gress by a voice vote in the House of permit and regulate recreational Atlantic striped The Chair recognizes the gentleman Representatives. It went to the Senate. bass fishing in the Block Island Sound Transit from Nevada. I can’t tell you what happened there, Zone. Mr. HARDY. Mr. Speaker, I yield my- but the good news is that the 114th (b) BLOCK ISLAND SOUND TRANSIT ZONE DE- self such time as I may consume. Congress, the Senate, has moved on a FINED.—In this section the term ‘‘Block Island I rise in support of H.R. 2733, the Ne- companion bill; so we might actually Sound transit zone’’ means the area of the ex- vada Native Nations Land Act. get some resolution of this. clusive economic zone north of a line connecting I note that my colleague from the Montauk Light, Montauk Point, New York, and I commend my colleague from Ne- Block Island Southeast Light, Block Island, vada (Mr. AMODEI), the sponsor of this Show Me State mentioned patience and Rhode Island; and west of a line connecting bill, for his tireless work on this impor- hard work. I want to point out that, for Point Judith Light, Point Judith, Rhode Island, tant piece of legislation. Because he the folks of the Fort McDermitt Paiute and Block Island Southeast Light, Block Island, will speak further on the details that and Shoshone Tribe, the 19,000-acre Rhode Island. affect his district, I will provide a brief transfer that is proposed in this piece (c) SAVINGS CLAUSE.—Nothing in this section summary of the bill. of legislation was first before the or the regulations issued under this section shall H.R. 2733, as amended, would require United States Congress in a bill that affect— (1) any permit that— the Secretary of the Interior to place, was introduced in 1972 by then-Nevada (A) is issued under any other provision of law approximately, 71,000 acres of Federal Senators Alan Bible and Howard Can- by the National Oceanic and Atmospheric Ad- land into trust for six tribes in the non. Certainly, that tribe gets the ‘‘pa- ministration, including a permit issued before State of Nevada. Gaming would be pro- tience’’ award in terms of waiting to the date of the enactment of this Act; and hibited on these lands. fill in what is largely checkerboard- (B) authorizes fishing in the Block Island Located in my district, the type holdings to consolidate their hold- Sound Transit Zone; or Duckwater Shoshone Tribe would have, ings in the whole thing. (2) any activity authorized by such a permit. approximately, 31,000 acres of land As a whole, about 31,000 acres are in The SPEAKER pro tempore. Pursu- placed into trust by the Secretary of my colleague’s CD4 district, and 40,000 ant to the rule, the gentleman from the Interior. The tribe intends to uti- acres are in the rest of CD2. There is a Nevada (Mr. HARDY) and the gentleman lize these lands for economic develop- variety of things to provide housing to from Missouri (Mr. CLAY) each will ment and community growth. Specifi- attract healthcare facility givers and control 20 minutes. cally, the additional lands will allow cultural resource preservation buffer The Chair recognizes the gentleman the tribe to expand agricultural oper- zones. It has been through the planning from Nevada. ations, additional housing and facili- process in those counties in which it is. GENERAL LEAVE ties development, and to protect cul- Many off-road vehicle organizations Mr. HARDY. Mr. Speaker, I ask tural sites and wildlife. support this. It can hardly be said to unanimous consent that all Members Over 85 percent of the land that is lo- have been sprung on anybody. have 5 legislative days to revise and ex- cated in Nevada is federally controlled, I urge my colleagues’ support. tend their remarks and to include ex- and tribes continue to have a small Mr. CLAY. Mr. Speaker, I urge my traneous materials on the bill under land base. This bill is an important colleagues to vote in favor of the legis- consideration. step in promoting economic activity lation. The SPEAKER pro tempore. Is there that will generate jobs in the tribal I yield back the balance of my time. objection to the request of the gen- communities, benefitting both reserva- Mr. HARDY. Mr. Speaker, I yield tleman from Nevada? tion economies. back the balance of my time. There was no objection. I thank Mr. AMODEI for his efforts in The SPEAKER pro tempore. The Mr. HARDY. Mr. Speaker, I yield my- getting this legislation to the floor. question is on the motion offered by self such time as I may consume. Mr. Speaker, I reserve the balance of the gentleman from Nevada (Mr. H.R. 3070, which was introduced by my time. HARDY) that the House suspend the my colleague, Congressman LEE ZELDIN Mr. CLAY. Mr. Speaker, I yield my- rules and pass the bill, H.R. 2733, as of New York, aims to eliminate Federal self such time as I may consume. amended. regulatory confusion around the Block The six Nevada tribes that are af- The question was taken; and (two- Island Sound. His bill authorizes the fected by this legislation want to ex- thirds being in the affirmative) the Secretary of Commerce to permit pand their reservations for a variety of rules were suspended and the bill, as striped bass fishing in the Block Island purposes, including for recreational amended, was passed. Transit Zone between Montauk, New use, residential construction, and en- A motion to reconsider was laid on York, and Point Judith, Rhode Island. ergy and mineral development. H.R. the table. The bill before us today is the result 2733 will allow the tribes to pursue f of extensive input from area stake- these goals. By passing this bill, they EEZ TRANSIT ZONE holders and congressional deliberation. will be able to preserve their cultural CLARIFICATION AND ACCESS ACT Following a Natural Resources Com- heritage and traditions, expand hous- Mr. HARDY. Mr. Speaker, I move to mittee’s oversight field hearing and a ing for their members, and realize new suspend the rules and pass the bill subsequent legislative hearing, the bill economic development opportunities. (H.R. 3070) to clarify that for purposes has been amended to resolve any con- The final legislation is the result of of all Federal laws governing marine cerns about the unintended impacts of years of negotiations between the fisheries management, the landward other federally permitted activities. As tribes, the Federal Government, the boundary of the exclusive economic such, the Natural Resources Com- State of Nevada, and local stake- zone between areas south of Montauk, mittee passed this bill earlier this year holders. New York, and Point Judith, Rhode Is- by unanimous consent. I urge my colleagues to support this I commend my colleague from Ne- land, and for other purposes, as amend- MODEI bill, and I commend Mr. ZELDIN for his vada (Mr. A ) for his work on be- ed. half of the Nevada tribes and on this The Clerk read the title of the bill. leadership on this bill. legislation. I urge its quick adoption. The text of the bill is as follows: I reserve the balance of my time. Mr. Speaker, I reserve the balance of H.R. 3070 Mr. CLAY. Mr. Speaker, I yield my- my time. self such time as I may consume. Be it enacted by the Senate and House of Rep- Mr. HARDY. Mr. Speaker, I yield 3 resentatives of the United States of America in As introduced, H.R. 3070 would have minutes to the gentleman from Nevada Congress assembled, had sweeping negative impacts. It (Mr. AMODEI). SECTION 1. SHORT TITLE. would have redrawn the boundary of Mr. AMODEI. I thank my colleague This Act may be cited as the ‘‘EEZ Transit the exclusive economic zone in an area from the Silver State and my colleague Zone Clarification and Access Act’’. between Montauk Point, New York,

VerDate Sep 11 2014 05:39 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.033 H07JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE June 7, 2016 CONGRESSIONAL RECORD — HOUSE H3487 and Block Island, Rhode Island, allow- passing this legislation on behalf of the I yield back the balance of my time. ing for the State management of fish- amazing fishermen on the east end of Mr. HARDY. Mr. Speaker, I yield ery resources that are currently man- Long Island. back the balance of my time. aged by the Federal Government. It Long Island striped bass fisherman The SPEAKER pro tempore. The would have barred Connecticut fisher- have lost 60 percent of their traditional question is on the motion offered by men from using the area at all, and it fishing grounds due to Federal restric- the gentleman from Nevada (Mr. would have eliminated a key sanctuary tions that my bill intends to reform. HARDY) that the House suspend the for striped bass at the very time the Additionally, the geography of our re- rules and pass the bill, H.R. 3070, as species needs stronger conservation gion means that making the 15-mile amended. measures. journey by boat from Montauk Point The question was taken; and (two- Fortunately, the Natural Resources to Block Island requires passing thirds being in the affirmative) the Committee was able to address those through a small strip of waters consid- rules were suspended and the bill, as flaws at markup and is able to bring ered to be part of the EEZ. The shift in amended, was passed. forward a bill today that does not have jurisdiction can mean the difference The title of the bill was amended so any unintended consequences. The cur- between a nice day on the water and as to read: ‘‘A bill to authorize the Sec- rent version of H.R. 3070 simply clari- committing a Federal offense. retary of Commerce to permit striped fies that the Secretary of Commerce My bill, H.R. 3070, clarifies the Fed- bass fishing in the Exclusive Economic has the authority to issue regulations eral laws currently governing the man- Zone transit zone between Montauk, that govern recreational fishing for agement of the striped bass fishery be- New York, and Point Judith, Rhode Is- striped bass in the Block Island Transit tween Montauk and Block Island, per- land, and for other purposes.’’. Zone. This area is currently closed to mitting striped bass fishing in these A motion to reconsider was laid on striped bass fishing, and I join the vast waters and allowing for local regula- the table. tions to manage this important fish- majority of recreational anglers in the f region in urging fisheries’ managers to ery. This legislation is a commonsense re- keep it that way. MOUNT HOOD COOPER SPUR LAND form that offers a simple solution to a That said, we do support the bill be- EXCHANGE CLARIFICATION ACT unique local issue, providing regu- fore us today. Mr. HARDY. Mr. Speaker, I move to latory relief and more certainty to our Mr. Speaker, I reserve the balance of suspend the rules and pass the bill region’s fishermen, while restoring my time. (H.R. 3826) to amend the Omnibus Pub- local control to a critical fishery that Mr. HARDY. Mr. Speaker, I yield 5 lic Land Management Act of 2009 to must be properly managed and pre- minutes to the gentleman from New modify provisions relating to certain served for future generations. York (Mr. ZELDIN). Late last year, on December 7, 2015, I land exchanges in the Mt. Hood Wilder- Mr. ZELDIN. I thank Mr. HARDY and cohosted a House Natural Resources ness in the State of Oregon, as amend- Mr. CLAY for their comments and for Committee field hearing within my dis- ed. their support of this legislation. trict in Riverhead, New York, with The Clerk read the title of the bill. Mr. Speaker, I rise in support of my The text of the bill is as follows: Chairman ROB BISHOP of Utah. The bill, H.R. 3070, the EEZ Transit Zone hearing was held to discuss important H.R. 3826 Clarification and Access Act, which local fishing issues, including this leg- Be it enacted by the Senate and House of Rep- would clarify the Federal laws that islation. Chairman BISHOP and mem- resentatives of the United States of America in govern the management of the striped bers of the committee were able to Congress assembled, bass fishery in the exclusive economic hear firsthand the concerns of those on SECTION 1. SHORT TITLE. zone, or the EEZ, between Montauk, Long Island who rely upon fishing as This Act may be cited as the ‘‘Mount Hood New York, and Block Island, Rhode Is- an occupation and way of life. A few Cooper Spur Land Exchange Clarification Act’’. land. months later, on March 17, 2016, work- SEC. 2. COOPER SPUR LAND EXCHANGE CLARI- One of the most pressing issues that FICATION AMENDMENTS. ing closely with the committee, my Section 1206(a) of the Omnibus Public Land is faced by Long Island fishermen is bill passed this committee with unani- the urgent need to clarify the Federal Management Act of 2009 (Public Law 111–11; 123 mous bipartisan support. Stat. 1018) is amended— regulations regarding striped bass fish- I thank House Majority Leader KEVIN (1) in paragraph (1)— ing in the small area of federally con- MCCARTHY for having the bill placed on (A) in subparagraph (C), by striking ‘‘120 trolled waters between Montauk Point today’s agenda on the House floor. A acres’’ and inserting ‘‘107 acres’’; and and Block Island. big thank you to House Natural Re- (B) in subparagraph (E)(ii), by inserting ‘‘im- Between New York State waters, sources Committee Chairman ROB provements,’’ after ‘‘buildings,’’; and which end 3 miles off of Montauk BISHOP; Subcommittee on Water, (2) in paragraph (2)— (A) in subparagraph (D)— Point, and the Rhode Island boundary, Power and Oceans Chairman JOHN which begins 3 miles off of Block Is- (i) in clause (i), by striking ‘‘As soon as prac- FLEMING; and Subcommittee on Water, ticable after the date of enactment of this Act, land, there is a small area of federally Power and Oceans Vice Chairman PAUL the Secretary and Mt. Hood Meadows shall se- controlled water that is considered Gosar for recognizing the urgency in lect’’ and inserting ‘‘Not later than 120 days part of the EEZ. The EEZ, which ex- passing this bill. I also thank Congress- after the date of the enactment of the Mount tends up to 200 miles from the coast, man JOE COURTNEY, my colleague Hood Cooper Spur Land Exchange Clarification are waters that are patrolled by the across Long Island Sound, who worked Act, the Secretary and Mt. Hood Meadows shall Coast Guard, where the United States with us to make this a bipartisan bill. jointly select’’; has exclusive jurisdiction over fisheries I also commend the steadfast com- (ii) in clause (ii), in the matter preceding sub- and other natural resources. Since 1990, mitment and activism of Long Island’s clause (I), by striking ‘‘An appraisal under clause (i) shall’’ and inserting ‘‘Except as pro- striped bass fishing has been banned in fishing community, which championed vided under clause (iii), an appraisal under the EEZ even though fishermen can this issue for nearly two decades and is clause (i) shall assign a separate value to each currently fish for striped bass in adja- standing up for Long Island’s coastal tax lot to allow for the equalization of values cent State waters. way of life. The dedicated men and and’’; and women who fish in these local waters (iii) by adding at the end the following: b 1745 and the tens of thousands of Long Is- ‘‘(iii) FINAL APPRAISED VALUE.— Fishing is an industry in and around landers who depend upon the coastal ‘‘(I) IN GENERAL.—Subject to subclause (II), my district. It is getting more and economy of the east end deserve no less after the final appraised value of the Federal more difficult to survive in this indus- than this commonsense reform pro- land and the non-Federal land are determined and approved by the Secretary, the Secretary try if you are a businessowner. Fisher- moted by this proposal. men are desperately pleading for com- shall not be required to reappraise or update the I encourage all of my colleagues to final appraised value for a period of up to 3 monsense relief, and this is one way vote in support of this critical bill. years, beginning on the date of the approval by Congress can help. Mr. CLAY. Mr. Speaker, I have no the Secretary of the final appraised value. To my colleagues in this Chamber, I further speakers, and I urge the body ‘‘(II) EXCEPTION.—Subclause (I) shall not ask you to vote in favor of this bill, to adopt H.R. 3070. apply if the condition of either the Federal land

VerDate Sep 11 2014 05:39 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4634 Sfmt 6333 E:\CR\FM\K07JN7.034 H07JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3488 CONGRESSIONAL RECORD — HOUSE June 7, 2016 or the non-Federal land referred to in subclause In 2009, the Omnibus Public Land very sensitive part around Mount Hood (I) is significantly and substantially altered by Management Act authorized a land ex- in the Crystal Springs watershed was fire, windstorm, or other events. change in Government Camp, Oregon. exchanged out so that the development ‘‘(iv) PUBLIC REVIEW.—Before completing the This land exchange was supposed to be didn’t occur there and it occurred in an land exchange under this Act, the Secretary shall make available for public review the com- completed within 16 months; however, area that already has development, a plete appraisals of the land to be exchanged.’’; this still has not occurred more than 7 more appropriate setting. That is what and years later. The long delay, primarily this is really all about. (B) by striking subparagraph (G) and insert- due to disagreements surrounding ease- The legislation that ultimately ing the following: ment terms, has frustrated local com- passed the Congress was a little dif- ‘‘(G) REQUIRED CONVEYANCE CONDITIONS.— munities such as Mount Hood Meadows ferent than what Representative BLU- Prior to the exchange of the Federal and non- and other local groups. Federal land— MENAUER and I started with because we ‘‘(i) the Secretary and Mt. Hood Meadows H.R. 3826 comes as a result of a suc- feared this very result could happen, may mutually agree for the Secretary to reserve cessful mediation session held by the that it would be delayed for years and a conservation easement to protect the identified Forest Service to resolve the long- years and years because we have seen wetland in accordance with applicable law, sub- standing issues between the agency and it happen before. Be that as it may, we ject to the requirements that— the local community. As a result of are here today, 7 years later, after the ‘‘(I) the conservation easement shall be con- this exercise, H.R. 3826 updates the de- Congress had told the agency to get sistent with the terms of the September 30, 2015, tails and process for the land exchange this done in 16 months, which should be mediation between the Secretary and Mt. Hood to clarify issues relating to land ap- Meadows; and all the time that is necessary. Seven ‘‘(II) in order to take effect, the conservation praisals and the parameters of a wet- years later, we are back with a second easement shall be finalized not later than 120 land conservation easement on the piece of legislation, confirming the me- days after the date of enactment of the Mount Federal land in the conveyance. diation, working this through so that Hood Cooper Spur Land Exchange Clarification The bill was amended in committee we can get this exchange done thought- Act; and to address concerns raised by the For- fully, completely, and finally get this ‘‘(ii) the Secretary shall reserve a 24-foot-wide est Service, including clarifying lan- done. nonexclusive trail easement at the existing trail guage for the easement allowed in the I see I am joined by the gentleman locations on the Federal land that retains for bill and the length of time allowed for the United States existing rights to construct, from Oregon (Mr. BLUMENAUER), who the Forest Service to implement this reconstruct, maintain, and permit nonmotorized has been a real partner in this. legislation. It is frustrating that the use by the public of existing trails subject to the The legislation directs the Forest right of the owner of the Federal land— Forest Service has not already carried ‘‘(I) to cross the trails with roads, utilities, out the provisions of the 2009 act. I ap- Service to move ahead on imple- and infrastructure facilities; and preciate Congressman WALDEN’s work menting the underlying exchange. This ‘‘(II) to improve or relocate the trails to ac- to see this issue is addressed once and is critical as it protects the Crystal commodate development of the Federal land. for all. Springs area, the water source for ‘‘(H) EQUALIZATION OF VALUES.— I hope my colleagues will join in sup- much of Hood River and the rest of the ‘‘(i) IN GENERAL.—Notwithstanding subpara- porting this bill. upper Hood River Valley as well. So it graph (A), in addition to or in lieu of monetary really does provide a much more compensation, a lesser area of Federal land or I reserve the balance of my time. non-Federal land may be conveyed if necessary Mr. CLAY. Mr. Speaker, I yield my- thoughtful place where Mount Hood to equalize appraised values of the exchange self such time as I may consume. Meadows does their development and properties, without limitation, consistent with H.R. 3826 clarifies the terms of a land protects this very sensitive watershed the requirements of this Act and subject to the exchange between the Forest Service from development. approval of the Secretary and Mt. Hood Mead- and Mount Hood Meadows, a privately I urge my colleagues to support this ows. held ski resort. Last year, the Forest legislation when it comes up for a vote. ‘‘(ii) TREATMENT OF CERTAIN COMPENSATION Service and Mount Hood Meadows en- Let’s get this done once and for all. OR CONVEYANCES AS DONATION.—If, after pay- ment of compensation or adjustment of land gaged in mediation to resolve the Mr. CLAY. Mr. Speaker, I yield 3 area subject to exchange under this Act, the issues that have held up the exchange. minutes to the gentleman from Oregon amount by which the appraised value of the This bill is the result of that medi- (Mr. BLUMENAUER). land and other property conveyed by Mt. Hood ation, and its passage will ensure that, Mr. BLUMENAUER. Mr. Speaker, I Meadows under subparagraph (A) exceeds the after 6 long years, the exchange will fi- want to pick up where my friend, the appraised value of the land conveyed by the nally move forward. gentleman from Oregon (Mr. WALDEN), Secretary under subparagraph (A) shall be con- I want to thank the sponsors from sidered a donation by Mt. Hood Meadows to the left off. Oregon, Representative WALDEN and United States.’’. Congressman WALDEN and I worked Representative BLUMENAUER, for their The SPEAKER pro tempore. Pursu- hard work and commitment to resolv- for several years to try and deal with ant to the rule, the gentleman from ing this issue. the preservation of a precious resource. Nevada (Mr. HARDY) and the gentleman I urge my colleagues to support this Mount Hood is the dividing line be- from Missouri (Mr. CLAY) each will bill. tween our two districts. We have a lot control 20 minutes. I reserve the balance of my time. of personal history involved there, and The Chair recognizes the gentleman Mr. HARDY. Mr. Speaker, I yield 3 it was really one of my most positive from Nevada. minutes to the gentleman from Oregon experiences in two decades of congres- GENERAL LEAVE (Mr. WALDEN). sional service, zeroing in with the Mr. HARDY. Mr. Speaker, I ask Mr. WALDEN. Mr. Speaker, I thank stakeholders—Native Americans, envi- unanimous consent that all Members Mr. CLAY and Mr. HARDY for their work ronmentalists, local government—try- have 5 legislative days to revise and ex- and support of this very important leg- ing to figure out the best protections tend their remarks and to include any islation. I thank Mr. GRIJALVA and for a very complicated area that is extraneous materials on the bill under Chairman BISHOP for bringing this bill within easy driving distance of 4 mil- consideration. to the floor, yet another Mount Hood lion people. There were many strains The SPEAKER pro tempore. Is there bill. and stresses and multiple stakeholders objection to the request of the gen- My colleague and friend from Oregon, on the mountain itself. tleman from Nevada? EARL BLUMENAUER, and I actually As he said, part of the delicate bal- There was no objection. backpacked 3 nights, 4 days around ance that was achieved was an oppor- Mr. HARDY. Mr. Speaker, I yield my- Mount Hood, 9,000 feet up and down, tunity for us to deal with this land ex- self such time as I may consume. elevation gain and loss. We hiked with change. It was a win-win situation for H.R. 3826, the Mount Hood Cooper environmentalists, foresters, ornitholo- a variety of the stakeholders. It obvi- Spur Land Exchange Clarification Act, gists, biologists, and geologists. ously is better for the environment. It was introduced by Congressmen GREG We put together a big bipartisan leg- settled long-simmering disputes that WALDEN and EARL BLUMENAUER to ad- islative effort. It took 31⁄2 years. Part served nobody’s interest but had actual dress the ongoing land exchange issues. of this effort was making sure that a potential for negative outcomes.

VerDate Sep 11 2014 05:39 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A07JN7.015 H07JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE June 7, 2016 CONGRESSIONAL RECORD — HOUSE H3489 This land exchange was part of what (3) RECREATION AND PUBLIC PURPOSES ACT.— costs associated with the conveyance, in- was envisioned. This was not just a bi- The term ‘‘Recreation and Public Purposes cluding the cost of the survey required by partisan effort with my friend, the gen- Act’’ means the Act of June 14, 1926 (43 paragraph (2) and the appraisal required by U.S.C. 869 et seq.). paragraph (3), shall be paid by the District. tleman from Oregon (Mr. WALDEN), and (4) SECRETARY.—The term ‘‘Secretary’’ myself. It was then Senator Smith and SEC. 5. GAMING PROHIBITION. means the Secretary of the Interior. The Tribe may not conduct gaming activi- Senator WYDEN, and now Senator (5) TRIBE.—The term ‘‘Tribe’’ means the ties on lands taken into trust pursuant to MERKLEY and Senator WYDEN have Pascua Yaqui Tribe of Arizona, a federally this Act, either as a matter of claimed inher- been partners in this. It is frustrating recognized Indian tribe. ent authority, under the authority of any that we get to the point where it re- SEC. 3. LAND TO BE HELD IN TRUST. Federal law, including the Indian Gaming quires legislation to do something that (a) PARCEL A.—Subject to subsection (b) Regulatory Act (25 U.S.C. 2701 et seq.), or was an integral part of this agreement. and to valid existing rights, all right, title, under regulations promulgated by the Sec- I am proud to join my friend in urg- and interest of the United States in and to retary or the National Indian Gaming Com- ing support for it. We want to get this the approximately 39.65 acres of Federal mission. lands generally depicted on the map as ‘‘Par- SEC. 6. WATER RIGHTS. passed and be able to capitalize on the cel A’’ are declared to be held in trust by the vision that we worked so hard on to (a) IN GENERAL.—There shall be no Federal United States for the benefit of the Tribe. reserved right to surface water or ground- protect the mountain and all of the at- (b) EFFECTIVE DATE.—Subsection (a) shall water for any land taken into trust by the tendant interests. This land exchange take effect on the day after the date on United States for the benefit of the Tribe is critical to it, and I am pleased that which the District relinquishes all right, under this Act. this legislation is finally on the floor, title, and interest of the District in and to (b) STATE WATER RIGHTS.—The Tribe re- although I am frustrated that we have the approximately 39.65 acres of land de- tains any right or claim to water under to have legislation on the floor. Hope- scribed in subsection (a). State law for any land taken into trust by fully, this will enable us to finish this SEC. 4. LANDS TO BE CONVEYED TO THE DIS- the United States for the benefit of the Tribe TRICT. task. under this Act. (a) PARCEL B.— (c) FORFEITURE OR ABANDONMENT.—Any Mr. CLAY. Mr. Speaker, I have no (1) IN GENERAL.—Subject to valid existing water rights that are appurtenant to land further speakers. rights and payment to the United States of taken into trust by the United States for the I yield back the balance of my time. the fair market value, the United States benefit of the Tribe under this Act may not Mr. WALDEN. Mr. Speaker, I yield shall convey to the District all right, title, be forfeited or abandoned. back the balance of my time. and interest of the United States in and to (d) ADMINISTRATION.—Nothing in this Act The SPEAKER pro tempore. The the approximately 13.24 acres of Federal affects or modifies any right of the Tribe or question is on the motion offered by lands generally depicted on the map as ‘‘Par- any obligation of the United States under cel B’’. Public Law 95–375 (25 U.S.C. 1300f et seq.). the gentleman from Nevada (Mr. (2) DETERMINATION OF FAIR MARKET The SPEAKER pro tempore. Pursu- HARDY) that the House suspend the VALUE.—The fair market value of the prop- rules and pass the bill, H.R. 3826, as erty to be conveyed under paragraph (1) shall ant to the rule, the gentleman from amended. be determined by the Secretary in accord- Nevada (Mr. HARDY) and the gentleman The question was taken. ance with the Uniform Appraisal Standards from Missouri (Mr. CLAY) each will The SPEAKER pro tempore. In the for Federal Land Acquisitions and the Uni- control 20 minutes. opinion of the Chair, two-thirds being form Standards of Professional Appraisal The Chair recognizes the gentleman in the affirmative, the ayes have it. Practice. from Nevada. (3) COSTS OF CONVEYANCE.—As a condition GENERAL LEAVE Mr. HARDY. Mr. Speaker, on that I of the conveyance under this subsection, all demand the yeas and nays. costs associated with the conveyance shall Mr. HARDY. Mr. Speaker, I ask The yeas and nays were ordered. be paid by the District. unanimous consent that all Members The SPEAKER pro tempore. Pursu- (b) PARCEL C.— have 5 legislative days to revise and ex- ant to clause 8 of rule XX, further pro- (1) IN GENERAL.—If, not later than one year tend their remarks and to include any ceedings on this motion will be post- after the completion of the appraisal re- extraneous material on the bill under poned. quired by paragraph (3), the District submits consideration. to the Secretary an offer to acquire the Fed- f The SPEAKER pro tempore. Is there eral reversionary interest in all of the ap- objection to the request of the gen- proximately 27.5 acres of land conveyed to PASCUA YAQUI TRIBE LAND tleman from Nevada? CONVEYANCE ACT the District under Recreation and Public Purposes Act and generally depicted on the There was no objection. Mr. HARDY. Mr. Speaker, I move to map as ‘‘Parcel C’’, the Secretary shall con- Mr. HARDY. Mr. Speaker, I yield my- suspend the rules and pass the bill vey to the District such reversionary inter- self such time as I may consume. (H.R. 2009) to provide for the convey- est in the lands covered by the offer. The I rise today in support of H.R. 2009, ance of certain land inholdings owned Secretary shall complete the conveyance not which would authorize a land exchange by the United States to the Tucson later than 30 days after the date of the offer. involving the Pacific Yaqui Tribe, the Unified School District and to the (2) SURVEY.—Not later than 90 days after Tucson Unified School District, and the date of the enactment of this Act, the Pascua Yaqui Tribe of Arizona, as Secretary shall complete a survey of the the Department of the Interior. Spe- amended. lands described in this subsection to deter- cifically, the bill would require the The Clerk read the title of the bill. mine the precise boundaries and acreage of Secretary of the Interior to place 40 The text of the bill is as follows: the lands subject to the Federal reversionary acres of adjacent public land into trust H.R. 2009 interest. for the tribe upon conveyance to the (3) APPRAISAL.—Not later than 180 days Be it enacted by the Senate and House of Rep- United States from the Tucson Unified after the date of enactment of this Act, the resentatives of the United States of America in School District. Secretary shall complete an appraisal of the Congress assembled, According to the tribe, acquiring Federal reversionary interest in the lands SECTION 1. SHORT TITLE. identified by the survey required by para- these lands will help with reservation This Act may be cited as the ‘‘Pascua graph (2). The appraisal shall be completed access and prevent or control flooding Yaqui Tribe Land Conveyance Act’’. in accordance with the Uniform Appraisal during significant rain events. Accord- SEC. 2. DEFINITIONS. Standards for Federal Land Acquisitions and ing to the tribe, heavy rain events For the purposes of this Act, the following the Uniform Standards of Professional Ap- occur frequently during Tucson’s mon- definitions apply: praisal Practice. soon season. (1) DISTRICT.—The term ‘‘District’’ means (4) CONSIDERATION.—As consideration for the Tucson Unified School District No. 1, a the conveyance of the Federal reversionary b 1800 school district recognized as such under the interest under this subsection, the District The bill would also require the con- laws of the State of Arizona. shall pay to the Secretary an amount equal veyance of a 13-acre parcel of public (2) MAP.—The term ‘‘Map’’ means the map to the appraised value of the Federal inter- land to the Tucson Unified School Dis- titled ‘‘ ‘Pascua Yaqui Tribe Land Convey- est, as determined under paragraph (3). The ance Act’’, dated March 14, 2016, and on file consideration shall be paid not later than 30 trict and eliminate a revisionary inter- and available for public inspection in the days after the date of the conveyance. est held by the United States in a 27- local office of the Bureau of Land Manage- (5) COSTS OF CONVEYANCE.—As a condition acre parcel previously patented to the ment. of the conveyance under this subsection, all Tucson Unified School District under

VerDate Sep 11 2014 05:39 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.055 H07JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3490 CONGRESSIONAL RECORD — HOUSE June 7, 2016 the Recreation and Public Purposes Mr. HARDY. Mr. Speaker, I yield the gentlewoman from Florida (Ms. Act. The bill would also require the back the balance of my time also. ROS-LEHTINEN) that the House suspend Tucson Unified School District to pay The SPEAKER pro tempore. The the rules and agree to the concurrent fair market value for the land and the question is on the motion offered by resolution, as amended. revisionary interest received. the gentleman from Nevada (Mr. The vote was taken by electronic de- I want to thank the ranking member HARDY) that the House suspend the vice, and there were—yeas 363, nays 0, from the Committee on Natural Re- rules and pass the bill, H.R. 2009, as not voting 70, as follows: sources for his efforts on the legisla- amended. [Roll No. 269] tion and urge an ‘‘aye’’ vote. The question was taken; and (two- Mr. Speaker, I reserve the balance of thirds being in the affirmative) the YEAS—363 my time. rules were suspended and the bill, as Abraham DeSaulnier Kildee Aderholt DesJarlais Kilmer Mr. CLAY. Mr. Speaker, I yield my- amended, was passed. Allen Deutch Kind self such time as I may consume. A motion to reconsider was laid on Amash Diaz-Balart King (IA) Mr. Speaker, I yield 3 minutes to the the table. Amodei Dingell King (NY) gentleman from Arizona (Mr. GRI- Ashford Doggett Kinzinger (IL) f Babin Dold Kirkpatrick JALVA), the sponsor and my good Barletta Donovan Kline friend, and commend him for bringing RECESS Barr Doyle, Michael Knight this legislation to the floor. The SPEAKER pro tempore. Pursu- Barton F. Kuster Mr. GRIJALVA. Mr. Speaker, let me Becerra Duncan (SC) Labrador ant to clause 12(a) of rule I, the Chair Benishek Duncan (TN) LaHood thank the gentleman from Missouri for declares the House in recess until ap- Bera Edwards LaMalfa his support of the legislation. proximately 6:30 p.m. today. Beyer Ellison Lamborn As we heard, H.R. 2009 is the culmina- Bilirakis Emmer (MN) Lance Accordingly (at 6 o’clock and 3 min- Bishop (GA) Engel Langevin tion of a longstanding land agreement utes p.m.), the House stood in recess. Bishop (MI) Eshoo Larsen (WA) between Tucson Unified School Dis- f Bishop (UT) Esty Larson (CT) trict, TUSD, and the Pascua Yaqui Blackburn Farenthold Latta Tribe. b 1830 Blum Fitzpatrick Lawrence Blumenauer Fleischmann Levin Last Congress we finalized the first AFTER RECESS Bonamici Fleming Lipinski part of the agreement with the passage Bost Flores LoBiondo and signing of H.R. 507, which conveyed The recess having expired, the House Boustany Forbes Loebsack was called to order by the Speaker pro Boyle, Brendan Fortenberry Lofgren two 10-acre parcels to the tribe. Pas- F. Foster tempore (Mr. DONOVAN) at 6 o’clock Long sage of this bill will complete the sec- Brady (PA) Frankel (FL) Loudermilk ond part of the agreement to the mu- and 30 minutes p.m. Brady (TX) Franks (AZ) Love tual benefit of both parties involved as f Brat Frelinghuysen Lowenthal Bridenstine Fudge Lowey well as the surrounding communities. ANNOUNCEMENT BY THE SPEAKER Brooks (AL) Gabbard Lucas The 40-acre parcel of land referenced PRO TEMPORE Brooks (IN) Gallego Luetkemeyer in the bill is currently deeded to TUSD Brownley (CA) Garamendi Lujan Grisham under the Recreation and Public Pur- The SPEAKER pro tempore. Pursu- Buchanan Garrett (NM) ant to clause 8 of rule XX, proceedings Buck Gibbs Luja´ n, Ben Ray poses Act, but TUSD has no intention Bucshon Gohmert (NM) of using the land for the stated pur- will resume on motions to suspend the Burgess Goodlatte Lummis pose. Instead, the tribe will be able to rules previously postponed. Bustos Gosar Lynch Votes will be taken in the following Butterfield Gowdy MacArthur utilize the parcel to construct flood Byrne Graham Marchant control measures to protect the res- order: Calvert Granger Marino ervation and surrounding communities H. Con. Res. 129, by the yeas and Capps Graves (GA) Massie from flash flooding during Arizona nays; Capuano Graves (LA) Matsui H.R. 4906, by the yeas and nays; Carney Graves (MO) McCaul monsoon season. Carson (IN) Grayson McClintock Additionally, the land conveyed to H.R. 4904, by the yeas and nays; Carter (GA) Green, Al McCollum TUSD will allow the district to better H.R. 1815, by the yeas and nays. Carter (TX) Green, Gene McDermott The first electronic vote will be con- Cartwright Griffith McGovern plan for future expansion and best use Castor (FL) Grothman McHenry scenarios without the encumbrances ducted as a 15-minute vote. Remaining Castro (TX) Guinta McKinley encountered under the Recreation and electronic votes will be conducted as 5- Chabot Guthrie McMorris Public Purposes Act. minute votes. Chaffetz Hanna Rodgers Chu, Judy Hardy McNerney I would like to note that the tribe f Cicilline Harper McSally and TUSD have had, and continue to Clark (MA) Harris Meadows SUPPORTING GOAL OF ENSURING have, a great working relationship, es- Cleaver Hartzler Meehan ALL HOLOCAUST VICTIMS LIVE Clyburn Hastings Meng pecially when it comes to the land use WITH DIGNITY, COMFORT, AND Coffman Heck (NV) Messer decisions around the Pascua Yaqui res- SECURITY Cohen Heck (WA) Mica ervation. This bill is a direct result of Cole Hensarling Miller (FL) that relationship and was negotiated The SPEAKER pro tempore. The un- Collins (GA) Hice, Jody B. Miller (MI) Collins (NY) Higgins Moolenaar with input from all parties involved finished business is the vote on the mo- Comstock Hill Mooney (WV) and with an eye to the most effective tion to suspend the rules and agree to Conaway Himes Moore use of the parcels. the concurrent resolution (H. Con. Res. Connolly Hudson Moulton 129) expressing support for the goal of Conyers Huelskamp Mullin In closing, let me take the time to Cook Huizenga (MI) Mulvaney thank Chairman YOUNG and Ranking ensuring that all Holocaust victims Cooper Hultgren Murphy (FL) Member RUIZ for their work on the leg- live with dignity, comfort, and security Costa Hurd (TX) Murphy (PA) islation in the subcommittee; and, of in their remaining years, and urging Costello (PA) Hurt (VA) Napolitano Courtney Israel Neal course, a special thanks to Chairman the Federal Republic of Germany to re- Cramer Issa Neugebauer BISHOP for working with me to bring it affirm its commitment to this goal Crawford Jenkins (KS) Newhouse to the floor today. I urge adoption of through a financial commitment to Crenshaw Jenkins (WV) Noem comprehensively address the unique Cuellar Johnson (GA) Nolan the legislation. Culberson Johnson (OH) Nugent Mr. HARDY. Mr. Speaker, I would health and welfare needs of vulnerable Cummings Johnson, E. B. Nunes like to inform my colleague I have no Holocaust victims, including home Davis (CA) Johnson, Sam O’Rourke further speakers. care and other medically prescribed Davis, Danny Jolly Olson Davis, Rodney Jordan Palazzo I reserve the balance of my time. needs, as amended, on which the yeas DeFazio Joyce Pallone Mr. CLAY. Mr. Speaker, I want to and nays were ordered. DeGette Kaptur Palmer again thank Ranking Member GRI- The Clerk read the title of the con- Delaney Keating Paulsen JALVA for bringing forward this legisla- current resolution. DeLauro Kelly (IL) Pearce DelBene Kelly (MS) Pelosi tion. I urge its quick adoption. The SPEAKER pro tempore. The Dent Kelly (PA) Perlmutter I yield back the balance of my time. question is on the motion offered by DeSantis Kennedy Perry

VerDate Sep 11 2014 05:39 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.041 H07JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE June 7, 2016 CONGRESSIONAL RECORD — HOUSE H3491 Peters Ruiz Titus all votes. Unfortunately I got caught in traffic Jenkins (KS) Meehan Sanford Peterson Ruppersberger Tonko and missed the first vote. Had I been present, Jenkins (WV) Meng Sarbanes Pingree Russell Torres Johnson (GA) Messer Scalise Pitts Salmon Trott I would have voted ‘‘yes.’’ Johnson (OH) Mica Schakowsky Pocan Sanford Tsongas Mr. KATKO. Mr. Speaker, on rollcall No. Johnson, E. B. Miller (FL) Schiff Poe (TX) Scalise Upton 269, I was unavoidably detained. Had I been Johnson, Sam Miller (MI) Schrader Poliquin Schakowsky Valadao present, I would have voted ‘‘yes.’’ Jolly Moolenaar Schweikert Polis Schiff Van Hollen Jordan Mooney (WV) Scott (VA) Pompeo Schrader Veasey Joyce Moore Scott, Austin Posey Schweikert f Vela Kaptur Moulton Scott, David Price (NC) Scott (VA) Visclosky Katko Mullin Price, Tom Scott, Austin Sensenbrenner Wagner CLARIFYING ELIGIBILITY OF Keating Mulvaney Quigley Scott, David Serrano Walberg LAND MANAGEMENT AGENCY Kelly (IL) Murphy (FL) Rangel Sensenbrenner Sessions Walden Kelly (MS) Murphy (PA) Ratcliffe Serrano TIME-LIMITED EMPLOYEES FOR Sewell (AL) Walorski Neal Reed Sessions PERMANENT APPOINTMENTS Kelly (PA) Shimkus Walz Neugebauer Reichert Sewell (AL) Kennedy Shuster Weber (TX) Newhouse Renacci Shimkus The SPEAKER pro tempore. The un- Kildee Simpson Webster (FL) Ribble Shuster finished business is the vote on the mo- Kilmer Noem Sinema Welch Nolan Rice (NY) Simpson tion to suspend the rules and pass the Kind Slaughter Rice (SC) Sinema Wenstrup King (IA) Nugent Smith (MO) Richmond Slaughter Westerman bill (H.R. 4906) to amend title 5, United King (NY) Nunes Smith (NE) Rigell Smith (MO) Westmoreland States Code, to clarify the eligibility of Kinzinger (IL) O’Rourke Smith (NJ) Whitfield Roby Smith (NE) employees of a land management agen- Kirkpatrick Olson Smith (TX) Williams Roe (TN) Smith (NJ) Kline Palazzo Smith (WA) Wilson (SC) cy in a time-limited appointment to Rogers (AL) Smith (TX) Knight Pallone Speier Wittman compete for a permanent appointment Rogers (KY) Smith (WA) Kuster Palmer Stefanik Womack Paulsen Rokita Speier at any Federal agency, and for other Labrador Stewart Woodall Pearce Rooney (FL) Stefanik purposes, on which the yeas and nays LaHood Stutzman Yarmuth Pelosi Ros-Lehtinen Stewart LaMalfa Thompson (CA) Yoder were ordered. Perry Roskam Stutzman Lamborn Thompson (MS) Ross Thompson (CA) Yoho The Clerk read the title of the bill. Peters Lance Thompson (PA) Rothfus Thompson (MS) Young (AK) Peterson The SPEAKER pro tempore. The Langevin Thornberry Rouzer Thompson (PA) Young (IA) Larsen (WA) Pingree question is on the motion offered by Tiberi Roybal-Allard Thornberry Young (IN) Larson (CT) Pitts Tipton Royce Tipton Zeldin the gentleman from Oklahoma (Mr. Latta Pocan Titus RUSSELL) that the House suspend the Lawrence Poe (TX) NOT VOTING—70 Tonko Levin Poliquin rules and pass the bill. Torres Adams Hinojosa Ryan (OH) Lipinski Polis This is a 5-minute vote. Trott Aguilar Holding Sa´ nchez, Linda LoBiondo Pompeo Tsongas Bass Honda T. The vote was taken by electronic de- Loebsack Posey Upton Beatty Hoyer Sanchez, Loretta vice, and there were—yeas 363, nays 0, Long Price (NC) Valadao Black Huffman Sarbanes not voting 70, as follows: Loudermilk Price, Tom Van Hollen Brown (FL) Hunter Sherman Love Quigley ´ [Roll No. 270] Veasey Cardenas Jackson Lee Sires Lowenthal Rangel Vela Clarke (NY) Jeffries Stivers YEAS—363 Lowey Ratcliffe Clawson (FL) Jones Visclosky Swalwell (CA) Lucas Reed Clay Katko Abraham Clark (MA) Fleischmann Wagner Takai Luetkemeyer Reichert Crowley Lee Aderholt Clay Fleming Lujan Grisham Renacci Walberg Curbelo (FL) Lewis Takano Allen Cleaver Flores (NM) Ribble Walden Denham Lieu, Ted Tiberi Amash Coffman Forbes Luja´ n, Ben Ray Rice (NY) Walorski Duckworth Maloney, Turner Amodei Cohen Fortenberry (NM) Rice (SC) Walz Duffy Carolyn Vargas Ashford Cole Foster Lummis Richmond Weber (TX) Ellmers (NC) Maloney, Sean Vela´ zquez Babin Collins (GA) Frankel (FL) Lynch Rigell Webster (FL) Farr McCarthy Walker Barletta Collins (NY) Franks (AZ) MacArthur Roby Welch Fattah Meeks Walters, Mimi Barr Comstock Frelinghuysen Roe (TN) Wenstrup Fincher Nadler Wasserman Barton Conaway Fudge Marchant Rogers (AL) Westerman Foxx Norcross Schultz Becerra Connolly Gabbard Marino Benishek Conyers Gallego Massie Rogers (KY) Westmoreland Gibson Pascrell Waters, Maxine Bera Cook Garamendi Matsui Rooney (FL) Whitfield Grijalva Payne Watson Coleman Beyer Cooper Garrett McCaul Ros-Lehtinen Williams Gutie´rrez Pittenger Wilson (FL) Bilirakis Costa Gibbs McClintock Roskam Wilson (SC) Hahn Rohrabacher Zinke Herrera Beutler Rush Bishop (GA) Costello (PA) Gibson McCollum Ross Wittman Bishop (MI) Courtney Gohmert McDermott Rothfus Womack b 1852 Bishop (UT) Cramer Goodlatte McGovern Rouzer Woodall Blackburn Crawford Gosar McHenry Roybal-Allard Yarmuth So (two-thirds being in the affirma- Blum Crenshaw Gowdy McKinley Royce Yoder tive) the rules were suspended and the Blumenauer Cuellar Graham McMorris Ruiz Yoho concurrent resolution, as amended, was Bonamici Culberson Granger Rodgers Ruppersberger Young (AK) agreed to. Bost Cummings Graves (GA) McNerney Russell Young (IA) Boustany Davis (CA) Graves (LA) McSally Ryan (OH) Young (IN) The result of the vote was announced Boyle, Brendan Davis, Danny Graves (MO) Meadows Salmon Zeldin as above recorded. F. Davis, Rodney Grayson The title of the concurrent resolution Brady (PA) DeFazio Green, Al NOT VOTING—70 Brady (TX) DeGette Green, Gene was amended so as to read: ‘‘A concur- Brat Delaney Griffith Adams Holding Rohrabacher rent resolution expressing support for Bridenstine DeLauro Grijalva Aguilar Honda Rokita the goal of ensuring that all Holocaust Brooks (AL) DelBene Grothman Bass Hoyer Rush victims live with dignity, comfort, and Brooks (IN) Dent Guinta Beatty Hudson Sa´ nchez, Linda Brownley (CA) DeSantis Guthrie Black Huffman T. security in their remaining years, and Buchanan DeSaulnier Hanna Brown (FL) Hunter Sanchez, Loretta ´ urging the Federal Republic of Ger- Buck DesJarlais Hardy Cardenas Jackson Lee Sherman many to continue to reaffirm its com- Bucshon Deutch Harper Carter (TX) Jeffries Sires Burgess Diaz-Balart Harris Clarke (NY) Jones Stivers mitment to this goal through a finan- Bustos Dingell Hartzler Clawson (FL) Lee Swalwell (CA) cial commitment to comprehensively Butterfield Doggett Hastings Clyburn Lewis Takai address the unique health and welfare Byrne Dold Heck (NV) Crowley Lieu, Ted Calvert Donovan Heck (WA) Curbelo (FL) Lofgren Takano needs of vulnerable Holocaust victims, Capps Doyle, Michael Hensarling Denham Maloney, Turner including home care and other medi- Capuano F. Hice, Jody B. Duckworth Carolyn Vargas cally prescribed needs’’. Carney Duncan (SC) Higgins Duffy Maloney, Sean Vela´ zquez A motion to reconsider was laid on Carson (IN) Duncan (TN) Hill Ellmers (NC) McCarthy Walker Carter (GA) Edwards Himes Farr Meeks Walters, Mimi the table. Cartwright Ellison Huelskamp Fattah Nadler Wasserman Stated for: Castor (FL) Emmer (MN) Huizenga (MI) Fincher Napolitano Schultz Mr. GIBSON. Mr. Speaker, on rollcall No. Castro (TX) Engel Hultgren Foxx Norcross Waters, Maxine 269, I did events with Hoover National Secu- Chabot Eshoo Hurd (TX) Gutie´rrez Pascrell Watson Coleman Chaffetz Esty Hurt (VA) Hahn Payne rity Affairs Fellows and with students at Amer- Wilson (FL) Chu, Judy Farenthold Israel Herrera Beutler Perlmutter Zinke ican University. I did my best to get back for Cicilline Fitzpatrick Issa Hinojosa Pittenger

VerDate Sep 11 2014 06:53 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\A07JN7.011 H07JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3492 CONGRESSIONAL RECORD — HOUSE June 7, 2016 b 1900 Green, Gene MacArthur Ross Sa´ nchez, Linda Takai Wasserman Griffith Marchant Rothfus T. Takano Schultz So (two-thirds being in the affirma- Grijalva Marino Rouzer Sanchez, Loretta Turner Waters, Maxine tive) the rules were suspended and the Grothman Massie Roybal-Allard Sherman Vargas Watson Coleman ´ bill was passed. Guinta Matsui Royce Sires Velazquez Wilson (FL) Guthrie McCaul Ruiz Stivers Walker Zinke The result of the vote was announced Hanna McClintock Ruppersberger Swalwell (CA) Walters, Mimi as above recorded. Hardy McCollum Russell A motion to reconsider was laid on Harper McDermott Ryan (OH) b 1907 Harris McGovern Salmon the table. Hartzler McHenry Sanford So (two-thirds being in the affirma- Stated for: Hastings McKinley Sarbanes tive) the rules were suspended and the Mr. HUDSON. Mr. Speaker, on rollcall No. Heck (NV) McMorris Scalise bill was passed. 270, I was unavoidably detained. Had I been Heck (WA) Rodgers Schakowsky The result of the vote was announced Hensarling McNerney Schiff present, I would have voted ‘‘yea.’’ Hice, Jody B. McSally Schrader as above recorded. Mrs. NAPOLITANO. Mr. Speaker, I was un- Higgins Meadows Schweikert A motion to reconsider was laid on avoidably detained. Had I been present, I Hill Meehan Scott (VA) the table. Himes Meng would have voted ‘‘yea’’ on rollcall No. 270. Scott, Austin Hudson Messer Scott, David f f Huelskamp Mica Sensenbrenner Huizenga (MI) Miller (FL) Serrano EASTERN NEVADA LAND IMPLE- MAKING ELECTRONIC GOVERN- Hultgren Miller (MI) Sessions MENTATION IMPROVEMENT ACT Hurd (TX) Moolenaar Sewell (AL) MENT ACCOUNTABLE BY YIELD- Hurt (VA) Mooney (WV) Shimkus The SPEAKER pro tempore. The un- ING TANGIBLE EFFICIENCIES Israel Moore Shuster finished business is the vote on the mo- ACT OF 2016 Issa Moulton Simpson Jenkins (KS) Mullin Sinema tion to suspend the rules and pass the The SPEAKER pro tempore. The un- Jenkins (WV) Mulvaney Slaughter bill (H.R. 1815) to facilitate certain finished business is the vote on the mo- Johnson (GA) Murphy (FL) Smith (MO) pinyon-juniper related projects in Lin- Johnson (OH) Murphy (PA) tion to suspend the rules and pass the Smith (NE) coln County, Nevada, to modify the Johnson, Sam Napolitano Smith (NJ) bill (H.R. 4904) to require the Director Jolly Neal Smith (TX) boundaries of certain wilderness areas of the Office of Management and Budg- Jordan Neugebauer Smith (WA) in the State of Nevada, and to provide Joyce Newhouse Speier et to issue a directive on the manage- Kaptur Noem for the implementation of a conserva- Stefanik ment of software licenses, and for other Katko Nolan tion plan for the Virgin River, Nevada, Stewart Keating Nugent purposes, on which the yeas and nays Stutzman as amended, on which the yeas and Kelly (IL) Nunes were ordered. Thompson (CA) nays were ordered. Kelly (MS) O’Rourke Thompson (MS) The Clerk read the title of the bill. Kelly (PA) Olson The Clerk read the title of the bill. Thompson (PA) Kennedy Palazzo The SPEAKER pro tempore. The Thornberry The SPEAKER pro tempore. The Kildee Pallone question is on the motion offered by Tiberi question is on the motion offered by Kilmer Palmer Tipton the gentleman from Oklahoma (Mr. Kind Paulsen the gentleman from Nevada (Mr. Titus RUSSELL) that the House suspend the King (IA) Pearce HARDY) that the House suspend the King (NY) Pelosi Tonko rules and pass the bill. Torres rules and pass the bill, as amended. This is a 5-minute vote. Kinzinger (IL) Perlmutter This is a 5-minute vote. Kirkpatrick Perry Trott The vote was taken by electronic de- Kline Peters Tsongas The vote was taken by electronic de- vice, and there were—yeas 366, nays 0, Knight Peterson Upton vice, and there were—yeas 360, nays 7, Valadao not voting 67, as follows: Kuster Pingree not voting 66, as follows: Labrador Pitts Van Hollen [Roll No. 271] LaHood Pocan Veasey [Roll No. 272] YEAS—366 LaMalfa Poe (TX) Vela YEAS—360 Lamborn Poliquin Visclosky Abraham Carter (GA) Diaz-Balart Lance Polis Wagner Abraham Carter (TX) Diaz-Balart Aderholt Cartwright Dingell Langevin Pompeo Walberg Aderholt Cartwright Dingell Allen Castor (FL) Doggett Larsen (WA) Posey Walden Allen Castor (FL) Doggett Amash Castro (TX) Dold Larson (CT) Price (NC) Walorski Amodei Castro (TX) Dold Amodei Chabot Donovan Latta Price, Tom Walz Ashford Chabot Donovan Ashford Chaffetz Doyle, Michael Lawrence Quigley Weber (TX) Babin Chaffetz Doyle, Michael Babin Chu, Judy F. Levin Rangel Webster (FL) Barletta Chu, Judy F. Barletta Cicilline Duncan (SC) Lipinski Ratcliffe Welch Barr Cicilline Duncan (TN) Barr Clark (MA) Duncan (TN) LoBiondo Reed Wenstrup Barton Clark (MA) Edwards Barton Clay Edwards Loebsack Reichert Westerman Becerra Clay Ellison Becerra Cleaver Ellison Lofgren Renacci Westmoreland Benishek Cleaver Emmer (MN) Benishek Coffman Emmer (MN) Long Ribble Whitfield Bera Coffman Engel Bera Cohen Engel Loudermilk Rice (NY) Williams Beyer Cohen Eshoo Beyer Cole Eshoo Love Rice (SC) Wilson (SC) Bilirakis Cole Esty Bilirakis Collins (GA) Esty Lowenthal Richmond Wittman Bishop (GA) Collins (GA) Farenthold Bishop (MI) Collins (NY) Farenthold Lowey Rigell Womack Bishop (MI) Collins (NY) Fitzpatrick Bishop (UT) Comstock Fitzpatrick Lucas Roby Woodall Bishop (UT) Comstock Fleischmann Blackburn Conaway Fleischmann Luetkemeyer Roe (TN) Yarmuth Blackburn Conaway Fleming Blum Connolly Fleming Lujan Grisham Rogers (AL) Yoder Blum Connolly Flores Blumenauer Conyers Flores (NM) Rogers (KY) Yoho Blumenauer Conyers Forbes Bonamici Cook Forbes Luja´ n, Ben Ray Rokita Young (AK) Bonamici Cook Fortenberry Bost Cooper Fortenberry (NM) Rooney (FL) Young (IA) Bost Cooper Foster Boustany Costa Foster Lummis Ros-Lehtinen Young (IN) Boustany Costa Frankel (FL) Boyle, Brendan Costello (PA) Frankel (FL) Lynch Roskam Zeldin Boyle, Brendan Costello (PA) Franks (AZ) F. Courtney Franks (AZ) F. Courtney Frelinghuysen Brady (PA) Cramer Frelinghuysen NOT VOTING—67 Brady (PA) Cramer Fudge Brady (TX) Crawford Fudge Brady (TX) Crawford Gabbard Brat Crenshaw Gabbard Adams Ellmers (NC) Jones Brat Crenshaw Gallego Bridenstine Cuellar Gallego Aguilar Farr Lee Bridenstine Cuellar Garamendi Brooks (AL) Culberson Garamendi Bass Fattah Lewis Brooks (AL) Culberson Garrett Brooks (IN) Cummings Garrett Beatty Fincher Lieu, Ted Brooks (IN) Cummings Gibbs Brownley (CA) Davis (CA) Gibbs Bishop (GA) Foxx Maloney, Brownley (CA) Davis (CA) Gibson Buchanan Davis, Danny Gibson Black Gutie´rrez Carolyn Buchanan Davis, Danny Gohmert Buck Davis, Rodney Gohmert Brown (FL) Hahn Maloney, Sean Buck Davis, Rodney Goodlatte ´ Bucshon DeFazio Goodlatte Cardenas Herrera Beutler McCarthy Bucshon DeFazio Gosar Burgess DeGette Gosar Carter (TX) Hinojosa Burgess DeGette Gowdy Meeks Bustos Delaney Gowdy Clarke (NY) Holding Bustos Delaney Graham Nadler Butterfield DeLauro Graham Clawson (FL) Honda Butterfield DeLauro Granger Norcross Byrne DelBene Granger Clyburn Hoyer Byrne DelBene Graves (GA) Calvert Dent Graves (GA) Crowley Huffman Pascrell Calvert Dent Graves (LA) Capps DeSantis Graves (LA) Curbelo (FL) Hunter Payne Capuano DeSantis Graves (MO) Capuano DeSaulnier Graves (MO) Denham Jackson Lee Pittenger Carney DeSaulnier Grayson Carney DesJarlais Grayson Duckworth Jeffries Rohrabacher Carson (IN) DesJarlais Green, Al Carson (IN) Deutch Green, Al Duffy Johnson, E. B. Rush Carter (GA) Deutch Green, Gene

VerDate Sep 11 2014 05:39 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.046 H07JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE June 7, 2016 CONGRESSIONAL RECORD — HOUSE H3493 Grijalva MacArthur Rothfus Norcross Sherman Walker REPORT ON RESOLUTION PRO- Grothman Marchant Rouzer Pascrell Sires Walters, Mimi VIDING FOR CONSIDERATION OF Guinta Marino Roybal-Allard Payne Stivers Wasserman Guthrie Massie Royce Pittenger Swalwell (CA) Schultz H.R. 4775, OZONE STANDARDS IM- Hanna Matsui Ruiz Rohrabacher Takai Waters, Maxine PLEMENTATION ACT OF 2016; Hardy McCaul Ruppersberger Rush Takano Watson Coleman PROVIDING FOR CONSIDERATION Harper McClintock Russell Sa´ nchez, Linda Turner Whitfield OF H. CON. RES. 89, EXPRESSING Harris McCollum Ryan (OH) T. Vargas Wilson (FL) Hartzler McDermott Salmon Sanchez, Loretta Vela´ zquez Zinke THE SENSE OF CONGRESS THAT Hastings McGovern Sanford A CARBON TAX WOULD BE DET- Heck (NV) McHenry Sarbanes ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE RIMENTAL TO THE UNITED Heck (WA) McKinley Scalise STATES ECONOMY; AND PRO- Hensarling McMorris Schakowsky The SPEAKER pro tempore (Mr. Hice, Jody B. Rodgers Schiff VIDING FOR CONSIDERATION OF Higgins McNerney Schrader HURD of Texas) (during the vote). There H. CON. RES. 112, EXPRESSING Hill McSally Schweikert are 2 minutes remaining. THE SENSE OF CONGRESS OP- Himes Meadows Scott (VA) Hudson Meehan Scott, Austin POSING THE PRESIDENT’S PRO- Huelskamp Meng Scott, David b 1913 POSED $10 TAX ON EVERY BAR- Hultgren Messer Sensenbrenner REL OF OIL Hurd (TX) Mica Serrano So (two-thirds being in the affirma- Hurt (VA) Miller (FL) Sessions tive) the rules were suspended and the Mr. COLLINS of Georgia, from the Israel Miller (MI) Sewell (AL) Committee on Rules, submitted a priv- Issa Moolenaar bill, as amended, was passed. Shimkus ileged report (Rept. No. 114–607) on the Jenkins (KS) Mooney (WV) Shuster Jenkins (WV) Moore Simpson The result of the vote was announced resolution (H. Res. 767) providing for Johnson (GA) Moulton Sinema as above recorded. consideration of the bill (H.R. 4775) to Johnson (OH) Mullin Slaughter facilitate efficient State implementa- Johnson, E. B. Mulvaney Smith (MO) A motion to reconsider was laid on Johnson, Sam Murphy (FL) tion of ground-level ozone standards, Smith (NE) the table. Jolly Murphy (PA) Smith (NJ) and for other purposes; providing for Jordan Napolitano Smith (TX) Joyce Neal consideration of the concurrent resolu- Smith (WA) f Kaptur Neugebauer tion (H. Con. Res. 89) expressing the Speier Katko Newhouse Stefanik sense of Congress that a carbon tax Keating Noem REPORT ON H.R. 5393, COMMERCE, Stewart would be detrimental to the United Kelly (IL) Nolan Stutzman JUSTICE, SCIENCE, AND RE- Kelly (MS) Nugent States economy; and providing for con- Thompson (CA) Kelly (PA) Nunes LATED AGENCIES APPROPRIA- sideration of the concurrent resolution Thompson (MS) Kennedy O’Rourke TIONS ACT, 2017 Thompson (PA) (H. Con. Res. 112) expressing the sense Kildee Olson Thornberry of Congress opposing the President’s Kilmer Palazzo Mr. CULBERSON, from the Com- Kind Pallone Tiberi proposed $10 tax on every barrel of oil, King (IA) Palmer Tipton mittee on Appropriations, submitted a which was referred to the House Cal- King (NY) Paulsen Titus privileged report (Rept. No. 114–605) on Tonko endar and ordered to be printed. Kinzinger (IL) Pearce the bill making appropriations for the Kirkpatrick Pelosi Torres f Kline Perlmutter Trott Departments of Commerce and Justice, Knight Peters Tsongas Science, and Related Agencies for the HOUR OF MEETING ON TOMORROW Kuster Peterson Upton Labrador Pingree Valadao fiscal year ending September 30, 2017, Mr. COLLINS of Georgia. Mr. Speak- LaHood Pitts Van Hollen and for other purposes, which was re- er, I ask unanimous consent that when Veasey LaMalfa Pocan ferred to the Union Calendar and or- the House adjourns today, it adjourn to Lamborn Poliquin Vela Lance Polis Visclosky dered to be printed. meet at 10 a.m. tomorrow. Wagner The SPEAKER pro tempore. Is there Langevin Pompeo The SPEAKER pro tempore. Pursu- Larsen (WA) Posey Walberg objection to the request of the gen- Larson (CT) Price (NC) Walden ant to clause 1, rule XXI, all points of tleman from Georgia? Latta Price, Tom Walorski order are reserved on the bill. Lawrence Quigley Walz There was no objection. Levin Rangel Weber (TX) f Lipinski Reed Webster (FL) f LoBiondo Reichert Welch LAUREN MORRIS SCHULMAN’S Loebsack Renacci Wenstrup Lofgren Ribble Westerman REPORT ON H.R. 5394, TRANSPOR- RETIREMENT Long Rice (NY) Westmoreland TATION, HOUSING AND URBAN (Ms. ROS-LEHTINEN asked and was Loudermilk Rice (SC) Williams Love Richmond Wilson (SC) DEVELOPMENT, AND RELATED given permission to address the House Lowenthal Rigell Wittman AGENCIES APPROPRIATIONS for 1 minute and to revise and extend Lowey Roby Womack ACT, 2017 her remarks.) Lucas Roe (TN) Woodall Ms. ROS-LEHTINEN. Mr. Speaker, I Luetkemeyer Rogers (AL) Yarmuth Mr. DIAZ-BALART, from the Com- Lujan Grisham Rogers (KY) Yoder rise to congratulate a very dear friend, (NM) Rokita Yoho mittee on Appropriations, submitted a Lauren Morris Schulman, on her re- Luja´ n, Ben Ray Rooney (FL) Young (AK) privileged report (Rept. No. 114–606) on tirement. For the past 13 years, I have (NM) Ros-Lehtinen Young (IA) Lummis Roskam Young (IN) the bill making appropriations for the had the pleasure of working closely Lynch Ross Zeldin Departments of Transportation, and with Lauren on some of the most press- ing issues regarding the U.S.-Israel re- NAYS—7 Housing and Urban Development, and related agencies for the fiscal year end- lationship. Amash Huizenga (MI) Ratcliffe ing September 30, 2017, and for other Serving as AIPAC’s Florida political Duncan (SC) Perry director, Lauren has played a key role Griffith Poe (TX) purposes, which was referred to the in building a stronger U.S. alliance NOT VOTING—66 Union Calendar and ordered to be with our closest ally, the democratic Adams Duckworth Huffman printed. Jewish State of Israel. Lauren has been Aguilar Duffy Hunter The SPEAKER pro tempore. Pursu- a lifelong public servant in having pre- Bass Ellmers (NC) Jackson Lee Beatty Farr Jeffries ant to clause 1, rule XXI, all points of viously worked as a staffer in Congress Black Fattah Jones order are reserved on the bill. for the late E. Clay Shaw, Jr., and she Brown (FL) Fincher Lee also served at the county and State Capps Foxx Lewis Ca´ rdenas Gutie´rrez Lieu, Ted levels in Florida. Clarke (NY) Hahn Maloney, Lauren has a wealth of knowledge Clawson (FL) Herrera Beutler Carolyn and experience that will surely be Clyburn Hinojosa Maloney, Sean missed by all who have had the pleas- Crowley Holding McCarthy Curbelo (FL) Honda Meeks ure to work with her; but I am certain Denham Hoyer Nadler that Lauren is looking forward to this

VerDate Sep 11 2014 05:39 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A07JN7.026 H07JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3494 CONGRESSIONAL RECORD — HOUSE June 7, 2016 exciting next chapter in her life and killed by the failure of the unsafe med- Mr. CARTER of Georgia. Mr. Speak- will enjoy spending more time with her ical device, Essure. Despite her tragic er, I rise to recognize Second Lieuten- husband, Cliff, and their children, Jake passing, there remains no legal re- ant Harold Earls, Captain Elyse Ping and Samantha. course to seek justice. That is why, on Medvigy, and Staff Sergeant Chad I wish my good friend Lauren the 1-year anniversary of her death, I Jukes, who successfully climbed to the Schulman the best of luck, and I con- will introduce Ariel Grace’s Law in 29,000-foot summit of Mount Everest on gratulate her on her retirement. order to resolve the broken law that Tuesday, May 24, 2016. f prevents the families of Ariel Grace Staff Sergeant Jukes is a veteran and thousands of others to have their who lost his leg while fighting in Iraq THE FORT HOOD, TEXAS, NINE voices heard in court. in 2006, making the feat even more (Mr. POE of Texas asked and was At the same time, I will offer legisla- amazing; and Lieutenant Earls is a given permission to address the House tion to reform the flawed FDA process Third ID soldier who is currently sta- for 1 minute and to revise and extend that allowed another dangerous de- tioned at Fort Benning in west Geor- his remarks.) vice—a laparoscopic power gia. Mr. POE of Texas. Mr. Speaker, morcellator—to spread deadly cancer The soldiers’ goal in reaching Mount Texas has been hammered by historic throughout the bodies of women like Everest is overshadowed by their ulti- mate goal of gaining support for vet- torrential rain and flooding. shrapnel. Despite case after case, no erans’ and soldiers’ mental health. As the Texas floodwaters rose, 12 sol- one reported the harm to the FDA—not With the trip to the summit, they diers from Fort Hood, Texas, were even their own doctors. The Medical raised $109,000 to support the mental crossing Owl Creek in a 21⁄2-ton Light Device Guardians Act will add doctors Medium Tactical Vehicle when it be- health groups Give an Hour and Stop into the list of entities that must re- Soldier Suicide. The climb was the came stuck in the Owl Creek low water port unsafe devices so that lifesaving crossing. Suddenly, the vehicle was debut of U.S. Expeditions and Explo- action can be taken quickly when it is rations, which is a nonprofit organiza- swept over and sent downstream by needed to protect others. tion founded by Lieutenant Earls. The fast-moving water. Nine American sol- The institutions and regulations that entire trip, including a long prepara- diers drowned in the massive flood are designed to protect our constitu- tion period, lasted over a year. waters. Today, we remember them, and ents from unsafe devices in these cases I congratulate these men for reach- here they are: and others have failed. It is time we ing the summit of Mount Everest, and Staff Sergeant Miguel Colon Vazquez, take action to address them. I thank them for their service to our 38, from New York. He had just spent f Nation and to servicemen’s and -wom- four tours of duty in Iraq and Afghani- en’s mental health. stan; LACASA CENTER f Specialist Christine Armstrong, 27, of (Mr. BISHOP of Michigan asked and California; was given permission to address the WATER WASTING BUREAUCRACIES PFC Brandon Banner, 22, of Florida; House for 1 minute and to revise and (Mr. LAMALFA asked and was given PFC Zachery Fuller, 23, of Florida; extend his remarks.) permission to address the House for 1 Private Isaac Deleon, 19, of Texas. He Mr. BISHOP of Michigan. Mr. Speak- minute and to revise and extend his re- was the youngest of all of them. He had er, I rise to pay tribute to a charitable marks.) only been in the Army for 17 months; organization in my district, the Mr. LAMALFA. Mr. Speaker, despite Private Eddy Rae’Laurin Gates, 20, of LACASA Center. Located in Howell, our first wet winter in California in North Carolina—a former homecoming Michigan, LACASA is celebrating its years, misguided Federal agencies queen; 35th year of empowering and sup- threaten to cut off the water supplies Private Tysheena James, 21, of New porting victims of abuse, assault, and of millions of Californians. Jersey; violence. On one hand, the National Marine West Point cadet Mitchell Winey, 21, LACASA’s goal is to advocate for and Fisheries Service demands that Shasta of Indiana; to provide services to victims of vio- Dam releases be drastically cut, alleg- Specialist Yingming Sun, 25, of Cali- lent crimes. It also works to educate edly to protect winter run salmon later fornia. the community on issues of domestic on in the season. On the other hand, These are the nine who drowned re- abuse, child abuse, and sexual assault. the Fish and Wildlife Service plans to cently in the Texas floods. The soldiers The services LACASA provides are in- spend as much as $150 million in buying were members of the 3rd Battalion, strumental in assisting members of our water to drastically increase Shasta re- 16th Field Artillery Regiment, 2nd Ar- community, whether that comes in the leases to the delta, allegedly to protect mored Brigade Combat Team of the 1st form of shelter, meals, counseling, or delta smelt—dumping water in the Cavalry Division. These American sol- education. middle of this year. That is right, Mr. Speaker. Federal diers were volunteers who swore to pro- I have seen the amazing work that agencies are simultaneously demand- tect the United States. They were a cut LACASA does firsthand, and I had the ing that more water be released from above the rest and were ready to defend opportunity to tour the facility earlier reservoirs, not for human use, and that freedom at home and abroad. Their this year. LACASA’s President and more water be kept in the reservoirs lives were ripped from this world and CEO is Bobette Schrandt. She is a tire- but not for human use. Neither demand their families all too soon. less advocate for those whom she is backed by science but, rather, by We are grateful for them and their serves and is an incredible asset to our whim or by hunch. The only common families for their service and their sac- community. theme of these contradictory Federal rifices. These soldiers are the best of Mr. Speaker, I am honored to have policies is that both plans give Califor- America. Our thoughts and prayers are the opportunity to pay tribute to such nians the short end of the stick. with the soldiers and their families, a charitable organization in my dis- Mr. Speaker, it is time this lunacy who have been devastated by the floods trict. ends and Federal agencies start mak- of Texas this spring. Congratulations, LACASA, on your ing decisions based on facts, not on the And that is just the way it is. 35th anniversary, and thank you for contradictory whims of unelected bu- f your dedication to our great commu- reaucrats, and to protect water users, nity. ARIEL GRACE’S LAW especially in the North State. f f (Mr. FITZPATRICK asked and was given permission to address the House SOLDIERS CLIMB TO SUMMIT OF APPOINTMENT OF INDIVIDUALS for 1 minute and to revise and extend MOUNT EVEREST TO THE COMMISSION ON EVI- his remarks.) (Mr. CARTER of Georgia asked and DENCE-BASED POLICYMAKING Mr. FITZPATRICK. Mr. Speaker, 1 was given permission to address the The SPEAKER pro tempore. The year ago tomorrow, Ariel Grace’s life House for 1 minute and to revise and Chair announces the Speaker’s ap- ended before it had a chance to begin— extend his remarks.) pointment, pursuant to section 3(a) of

VerDate Sep 11 2014 05:39 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.052 H07JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE June 7, 2016 CONGRESSIONAL RECORD — HOUSE H3495 the Evidence-Based Policymaking the transgendered by treating their Dr. McHugh makes really important Commission Act of 2016 (Public Law confusions as a right in need of defend- points as he goes forward: 114–140), and the order of the House of ing rather than as a mental disorder ‘‘With this argument, advocates for January 6, 2015, of the following indi- that deserves understanding, treat- the transgendered have persuaded sev- viduals on the part of the House to the ment, and prevention. This intensely eral states—including California, New Commission on Evidence-Based Policy- felt sense of being transgendered con- Jersey, and Massachusetts—to pass making: stitutes a mental disorder in two re- laws barring psychiatrists, even with Mr. Ron Haskins, Rockville, Mary- spects. The first is that the idea of sex parental permission, from striving to land, Co-Chairman misalignment is simply mistaken—it restore natural gender feelings to a Mr. Bruce Meyer, Chicago, Illinois does not correspond with physical re- transgender minor. That government Mr. Robert Hahn, Hillsboro Beach, ality. The second is that it can lead to can intrude into parents’ rights to seek Florida grim psychological outcomes.’’ help in guiding their children indicates f Let me insert parenthetically here how powerful these advocates have be- TRANSGENDER SURGERY into Dr. McHugh’s article, having come.’’ talked to him twice in the last couple He goes on: The SPEAKER pro tempore. Under of weeks. He was aware—and he point- ‘‘How to respond? Psychiatrists obvi- the Speaker’s announced policy of Jan- ed out that the DSM–V, the latest Di- ously must challenge the solipsistic uary 6, 2015, the gentleman from Texas agnostic and Statistical Manual of concept that what is in the mind can- (Mr. GOHMERT) is recognized for 60 min- Mental Disorders, Fifth Edition, not be questioned. Disorders of con- utes as the designee of the majority evolves over time in line with the new sciousness, after all, represent psychia- leader. scientific training and information Mr. GOHMERT. Mr. Speaker, as you try’s domain; declaring them off-limits available. It renames, as required, as would eliminate the field.’’ know, we have had some interesting they believe is appropriate, different discussions here on the floor in recent We are talking about psychiatry. conditions that may be diagnosed in Dr. McHugh says: days about transgender as a topic and accepted diagnoses. In the fifth edition ‘‘Many will recall how, in the 1990s, as individuals of interest. In having of the DSM, it has gone from calling an accusation of parental sex abuse of talked a couple of times with one man transgender a mental disorder to call- children was deemed unquestionable by who had been through a sex change op- ing it a dysphoria, a gender dysphoria. the solipsists of the ‘recovered mem- eration, what he told me was—really, Dysphoria basically is the opposite— ory’ craze.’’ the best expert in the world on the it is an antonym of euphoria, and it ba- Dr. McHugh goes on and says: issue of transgender is the former head sically means that someone is gen- ‘‘You won’t hear it from those cham- of psychiatry at Johns Hopkins, now a erally dissatisfied with their biological pioning transgender equality, but con- retired diplomat, but he speaks for sex. And Dr. McHugh said that he trolled and follow-up studies reveal himself. thinks that ‘‘dysphoria’’ probably is a fundamental problems with this move- Anyway, there was an article pub- better word than ‘‘disorder’’ because it ment. When children who reported lished back in 2014 that Dr. Paul makes clearer what the situation is. It transgender feelings were tracked McHugh had updated and that has been is someone who is generally not satis- without medical or surgical treatment republished in the Wall Street Journal fied with their biological sex. at both Vanderbilt University and Lon- on May 13, 2016. It is entitled His article goes on, though, and says: don’s Portman Clinic, 70%–80% of them ‘‘Transgender Surgery Isn’t the Solu- ‘‘The transgendered suffer a disorder spontaneously lost those feelings. tion: A drastic physical change doesn’t of ‘assumption’ like those in other dis- Some 25% did have persisting feelings; address underlying psychosocial trou- orders familiar to psychiatrists. With what differentiates those individuals bles.’’ the transgendered, the disordered as- remains to be discerned.’’ Since there are so many people who sumption is that the individual differs As he pointed out on the air about 10 have opined on this subject who have from what seems given in nature— days ago, we all can recall girls we not dealt seriously with the issue, it namely one’s maleness or femaleness. grew up with that were considered seemed like it would be helpful to read Other kinds of disordered assumptions tomboys, who later grew up to be quite from this article that was written by are held by those who suffer from ano- beautiful and quite feminine. They what one transgender explained was a rexia and bulimia nervosa, where the great article by whom he thought was assumption that departs from physical didn’t need any liberals rushing in and the world’s leading expert on reality is the belief by the dangerously forcing them to go in the boy’s rest- transgender issues. thin that they are overweight.’’ room because they identified more Dr. McHugh goes on and says: with what boys were doing. 1930 b ‘‘With body dysmorphic disorder, an But Dr. McHugh goes on in his arti- But Dr. Paul McHugh, who obviously often socially crippling condition, the cle, and he says: is a brilliant man and obviously a man individual is consumed by the assump- ‘‘We at Johns Hopkins University— who cares very deeply about individ- tion ‘I’m ugly.’ These disorders occur which in the 1960s was the first Amer- uals, especially those who have in subjects who have come to believe ican medical center to venture into transgender as an issue, says: that some of their psycho-social con- ‘sex-reassignment surgery’—launched a ‘‘The government and media alliance flicts or problems will be resolved if study in the 1970s comparing the out- advancing the transgender cause has they can change the way that they ap- comes of transgendered people who had gone into overdrive in recent weeks. On pear to others. Such ideas work like the surgery with the outcomes of those May 30, a U.S. Department of Health ruling passions in their subjects’ mind who did not.’’ and Human Services review board ruled and tend to be accompanied by a sol- I will insert parenthetically that I re- that Medicare can pay for the ‘reas- ipsistic argument.’’ member reading that Johns Hopkins signment’ surgery sought by the Dr. McHugh goes on: medical center had been the first hos- transgendered—those who say that ‘‘For the transgendered, this argu- pital in the United States to begin they don’t identify with their biologi- ment holds that one’s feeling of ‘gen- doing sex change operations back in cal sex. Earlier last month Defense der’ is a conscious, subjective sense the ’60s. I remembered reading that. I Secretary Chuck Hagel said that he that, being in one’s mind, cannot be never remembered reading that they was ‘open’ to lifting a ban on questioned by others. The individual ever stopped. transgender individuals serving in the often seeks not just society’s tolerance But Dr. McHugh’s article points military. Time magazine, seeing the of this ‘personal truth’ but affirmation out—and I am going back and reading trend, ran a cover story for its June 9 of it. Here rests the support for from the article: issue called ‘The Transgender Tipping ‘transgender equality,’ the demands for ‘‘Most of the surgically treated pa- Point: America’s next civil rights fron- government payment for medical and tients described themselves as ‘satis- tier.’ surgical treatments, and for access to fied’ by the results, but their subse- ‘‘Yet policymakers and the media are all sex-based public roles and privi- quent psycho-social adjustments were doing no favors either to the public or leges.’’ no better than those who didn’t have

VerDate Sep 11 2014 05:39 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.054 H07JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3496 CONGRESSIONAL RECORD — HOUSE June 7, 2016 the surgery. And so at Hopkins we I don’t believe our President wants life if untreated, these medical inter- stopped doing sex-reassignment sur- people to commit suicide at 20 times ventions come close to child abuse. A gery, since producing a ‘satisfied’ but the rate of nontransgendered people, better way to help these children: with still troubled patient seemed an inad- yet what he is urging right now, the devoted parenting.’’ equate reason for surgically ampu- best studies in the world indicate will This psychiatrist says: ‘‘At the heart tating normal organs. be the outcome. What this President is of the problem is confusion over the ‘‘It now appears that our long-ago de- doing in pushing people who at one nature of the transgendered. ‘Sex cision was a wise one.’’ point in their lives have a general dis- change’ is biologically impossible. Peo- Well, Mr. Speaker, I never remem- satisfaction, or dysphoria, with their ple who undergo sex reassignment sur- bered reading anywhere and I don’t re- biological sex is causing more damage gery do not change from men to women call articles talking about how Johns for these individuals down the road or vice versa. Rather, they become Hopkins said, look, we are having no than he will be around to do anything feminized men or masculinized women. better mental, emotional results from about. It is not enough to say, ‘‘I care Claiming that this is a civil rights those who have had the surgery, so we more than you do for those who want matter and encouraging surgical inter- are going to stop doing the surgery. men to go in girls dressing rooms and vention is in reality to collaborate This was Johns Hopkins; they were on bathrooms’’ when you are doing the with and promote a mental disorder’’— the cutting edge of trying to advance kind of harm that the best studies in or mental dysphoria, if you would rath- gender change or sex change oper- the world are showing has been done. er. ations. They were doing those origi- Back to Dr. McHugh’s article, he Then I have this article from Walt nally. says: ‘‘There are subgroups of the Heyer. Having visited with Walt, I have This forward-looking, people-caring transgendered, and for none does ‘reas- eminent respect for this man who un- institution at Johns Hopkins medical signment’ seem apt. One group includes derwent a sex change operation from center decided years ago that we may male prisoners like Pvt. Bradley Man- man to woman years ago. He is now in be doing more harm than good and we ning, the convicted national-security his seventies. This is his article pub- are going to stop doing sex change sur- leaker who now wishes to be called lished in The Daily Signal May 16 of gery. So no one can accuse them of try- Chelsea. Facing long sentences and the this year. ing to make more money—because ob- rigors of a men’s prison, they have an He says: ‘‘President Barack Obama, viously they would make money from obvious motive for wanting to change the titular head of the LGBT move- the sex change operations—and not their sex and hence their prison. Given ment, has added to the firestorm of make money from stopping the sex that they committed their crimes as confusion, misunderstanding, and fury change operations. But apparently males, they should be punished as such; surrounding the transgender bathroom those in charge at Johns Hopkins took after serving their time, they will then debate by threatening schools with loss rather serious the idea that doctors be free to reconsider their gender. of Federal funding unless they allow should first do no harm. ‘‘Another subgroup consists of young He goes on and points out in his arti- students to join the sex-segregated men and women susceptible to sugges- restroom, locker room, and sports cle: tion from ‘everything is normal’ sex ‘‘A 2011 study at the Karolinska In- teams of their chosen gender, without education, amplified by Internet chat stitute in Sweden produced the most il- regard to biological reality: groups. These are the transgender sub- luminating results yet regarding the ‘‘I know firsthand what it is like to transgendered, evidence that should jects most like anorexia nervosa pa- be a transgender person—and how mis- give advocates pause. The long-term tients: they become persuaded that guided it is to think one can change study—up to 30 years—followed 324 peo- seeking a drastic physical change will gender through hormones and sur- ple’’—so they have got hundreds in banish their psycho-social problems. gery.’’ their database here and are following ‘Diversity’ counselors in their schools, Walt Heyer says: ‘‘His action,’’ talk- for 30 years—‘‘who had sex-reassign- rather like cult leaders, may encourage ing about President Obama, ‘‘comes ment surgery. The study revealed that these young people to distance them- after weeks of protest against the beginning about 10 years after having selves from their families and offer ad- State of North Carolina for its so- the surgery, the transgendered began vice on rebutting arguments against called anti-LGBT bathroom bill. to experience increasing mental dif- having transgender surgery. Treat- ‘‘As someone who underwent surgery ficulties. Most shockingly, their sui- ments here must begin with removing from male to female and lived as a fe- cide mortality rose almost 20-fold the young person from the suggestive male for 8 years before returning to liv- above the comparable nontransgender environment and offering a counter- ing as a man, I know firsthand what it population. This disturbing result has message in family therapy.’’ is like to be a transgender person—and as yet no explanation but probably re- That is not me. That is what one how misguided it is to think one can flects the growing sense of isolation re- transgendered gentleman who has had change gender through hormones and ported by the aging transgendered the sex change operation and knows surgery. after surgery. The high suicide rate more about transgender than any M.D. ‘‘And I know that the North Carolina certainly challenges the surgery pre- in the world, Dr. Paul McHugh. Now, bill and others like it are not anti- scription.’’ Dr. McHugh, when I talked to him, said LGBT.’’ Now, Mr. Speaker, I know there are he thinks there are some others who He says: ‘‘L is for lesbian. The bill is people on the floor that are pushing for know more, but they support his posi- not anti-lesbian because lesbians have civil rights equality for the tions on what he is saying, which no desire to enter a stinky men’s rest- transgender and to let them go into helped him come to these positions. room. Lesbians will use the women’s whatever restrooms they feel like rep- But Dr. McHugh goes on: ‘‘Then there room without a second thought. So the resents the gender they are at that par- is the subgroup of very young, often law is not anti-L. ticular time, but the studies have prepubescent children who notice dis- ‘‘G is for gay. Gay men have no inter- shown that when someone has a gen- tinct sex roles in the culture and, ex- est in using women’s bathrooms. So eral dissatisfaction with their biologi- ploring how they fit in, begin imitating the law is not anti-G. cal sex, that doing the surgery to make the opposite sex. Misguided doctors at ‘‘B is for bisexual. The B in the LGBT them that sex gives them 20 times medical centers including Boston’s have never been confused about their more likelihood of committing suicide. Children’s Hospital have begun trying gender. Theirs is also a sexual pref- to treat this behavior by administering erence only that doesn’t affect choice b 1945 puberty-delaying hormones to render of restroom or locker.’’ I know there is nobody on the other later sex change surgeries less oner- But he says: ‘‘The North Carolina law side of the aisle who has been pushing ous—even though the drugs stunt the is not anti-T because the law clearly this issue that wants people to commit children’s growth and risk causing ste- states that the appropriate restroom is suicide at 20 times the rate of rility. Given that close to 80 percent of the one that corresponds to the gender nontransgendered people, but this is such children would abandon their con- stated on the birth certificate. There- where this ultimately goes. fusion and grow naturally into an adult fore, a transgender person with a birth

VerDate Sep 11 2014 05:39 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.056 H07JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE June 7, 2016 CONGRESSIONAL RECORD — HOUSE H3497 certificate that reads ‘female’ uses the can’t get help from loving counselors, To try to make this a new civil female restroom, even if the gender they can’t get help from psychiatrists. rights issue holds these people up for noted at birth was male. As Dr. McHugh pointed out, when political football. Everybody knows ‘‘So, you see, the law is not anti- these States like California and New footballs get changed out from game to LGBT. What then is all the uproar Jersey pass laws that some confused game. Some political football will be about?’’ minor with no biological indications of the new football in another game. Walt Heyer goes on, he says: ‘‘What a problem, so the problem is all in the I doubt that the people in this room has arisen is a new breed emerging mind, when you pass laws saying you that have been using transgender as a among young people that falls outside can’t get counseling for what is all in football will go back like the Swedish the purview of the LGBT: the gender the mind, as Dr. McHugh says sarcasti- study or the Johns Hopkins study did nonconformists. cally, you might as well outlaw all of and see the damage that has been done. ‘‘Gender nonconformists, who con- psychiatry because what they deal Eighty percent, if left untreated, have stitute a minuscule fraction of society, with are things that have not pre- very, very normal lives and normal want to be allowed to designate a gen- sented normally. They have not pre- mental affect down the road—if they der on a fluid basis, based on their feel- sented a biological scientific issue. are left untreated. But my friends who ings at the moment.’’ Going back to Walt Heyer’s article, support this want to make them a po- Walt Heyer says: ‘‘I call this group he says: ‘‘Gender nonconformists, who litical football. ‘gender defiant’ because they protest constitute a minuscule fraction of soci- We have this article, then, from June against the definition of fixed gender ety, want to be allowed to designate 3. Melody Wood wrote the headline: 6 identities of male and female. The gen- gender on a fluid basis, based on their Men Who Disguised Themselves as der defiant individuals are not like tra- feelings at the moment.’’ Women to Access Bathrooms. ditional transgender or transsexual He said: ‘‘I call this group ’gender de- She reports: persons who struggle with gender dys- fiant’ because they protest against the ‘‘The Obama administration has un- phoria and want hormone therapy, hor- definition of fixed gender identities of lawfully rewritten law, meddling in mone blockers, and eventually, reas- male and female. The gender defiant State and local matters, and imposing signment surgery. The gender defiant individuals are not like traditional bad policy on the entire Nation. group doesn’t want to conform, com- transgender or transsexual persons who ‘‘Americans agree that while we ply, or identify with traditional gender struggle with gender dysphoria and should be sensitive to transgender indi- norms of male and female. They want want hormone therapy, hormone viduals, others also have rights of pri- to have gender fluidity, flowing freely blockers, and eventually, reassign- vacy, safety, and their own beliefs that from one gender to another, by the ment. The gender defiant group doesn’t deserve respect and should not simply hour or day, as they feel like it.’’ want to conform, comply, or identify be pushed aside, especially when Mr. Speaker, coming from a with traditional gender norms of male transgender persons can be accommo- transgender individual who had sex and female.’’ dated in other ways. change surgery, this is quite an article. And I know I have read this, but this ‘‘The risk to the privacy and safety He goes on to say: ‘‘Under the cover is so critical. He says: ‘‘Under the of women and girls is real. There have of the LGBT, the anti-gender faction cover of LGBT, the anti-gender faction been numerous cases in recent years of and its supporters are using the North and its supporters are using the North men either cross-dressing or claiming Carolina bathroom bill to light a fuse Carolina bathroom bill to light a fuse to be transgender in order to access to blow up factual gender definitions. to blow up factual gender definitions.’’ women’s bathrooms and locker rooms ‘‘He does not grasp the biological fact Now, going on: ‘‘Using the power of for inappropriate purposes. that genders are not fluid, but fixed: his position,’’ talking about our Presi- ‘‘Here are six examples: male and female. dent, ‘‘to influence the elimination of ‘‘In 2009, a sex offender named Rich- ‘‘Obama is championing the insanity gender, overruling science, genetics, ard Rendler was arrested for wearing of eliminating the traditional defini- and biblical beliefs, is Obama’s display fake breasts and a wig while loitering tion of gender. He does not grasp the of political power.’’ in a woman’s restroom in Campbell, biological fact that genders are not California, shopping center. Rendler fluid, but fixed: male and female.’’ b 2000 had previously been arrested on Here I would also like to insert par- ‘‘One fact will remain, no matter how charges of child molestation and inde- enthetically. This is not from Walt deep in the tank Obama goes for the cent exposure. Heyer. But in talking with Dr. gender nonconformists, genetics and ‘‘In 2010, Berkeley police arrested McHugh, who had headed up psychiatry God’s design of male and female, no Gregorio Hernandez. Hernandez had for so many years at Johns Hopkins, matter how repugnant that is to some, disguised himself as a woman on two who cares deeply about people who are cannot be changed. Biological gender separate occasions to get inside a UC confused over gender, he was pointing remains fixed no matter how many Berkeley locker room. Once in the out—he brought up the MMPI and cross-gender hormones are taken or locker room, Hernandez allegedly used asked if I knew what that was. Well, I cosmetic surgeries are performed. No his cell phone to photograph women. knew. It is the Minnesota Multiphasic law can change the genetic and biblical ‘‘In 2013, Jason Pomare was arrested Personality Index, as I recall. But it is truth of God’s design. Using financial for cross-dressing in order to gain ac- a personality test, and as far as I know, blackmail to achieve the elimination cess to the women’s restroom at a it is the most complete testing any- of gender will become Obama’s ugly Macy’s department store in Palmdale, body has done on personality. It has legacy.’’ California. Pomare snuck a video cam- different scales in there, and as Dr. Now that is from a guy who has had era in to secretly videotape women McHugh pointed out, scale 5 is mas- the surgery, who has had the hor- while they used the restroom. culine at one end, feminine at another mones. He has been through it all. Walt ‘‘In 2014, Christopher Hambrook—who end. Heyer has a blog. He has overcome his faked being a transgender person Based on the questions that are alcohol addiction. I asked him—I don’t named Jessica—was jailed in Toronto, asked, the MMPI score gives an indica- think he would mind me repeating—I Canada. Hambrook preyed on women at tion on the male-female scale as to said that we learned from the Swedish two Toronto shelters, and had pre- where someone is in that scale. It has study over 30 years, people that have viously preyed on other women and nothing to do with biological sex. Ap- had these sex change operations are 20 girls as young as five years old to as parently, most of us may have different times more likely to commit suicide. old as 53. Hambrook’s case in par- places on that scale at different ages, I said: Did those thoughts enter your ticular shows the importance of pro- and there is nothing abnormal about mind—suicidal ideations? And he indi- tecting the privacy and safety of some that. cated that he had tried to commit sui- of our most vulnerable citizens: the People are to be comforted and coun- cide. I didn’t elaborate. This is a man homeless and others who seek emer- seled, not have laws passed that they that knows. And so is Dr. Paul gency shelter. And yet, the Obama ad- can’t get help from their parents, they McHugh. ministration recently proposed a rule

VerDate Sep 11 2014 05:39 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.058 H07JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3498 CONGRESSIONAL RECORD — HOUSE June 7, 2016 that would impose a ‘gender identity’ That created a problem for me as one daughter, and the mother, out of that mandate here as well. who has sentenced felons up to and in- protective instinct they have to pro- ‘‘In 2015, two spying instances were cluding the death penalty, because tect the child, hits the flasher with her recorded in Virginia—one at a mall and from the testimony we heard over and purse. one at a Walmart. Both instances in- over, those who used to be called The flasher—in a lot of jurisdictions, volved a man in women’s clothing who sociopaths under the old DSM-II be- that is a minimal misdemeanor—prob- used a mirror and camera to take pic- came antisocial personality disorder. ably would never do any jail time. He tures of a mother and her 5-year-old But they knew right from wrong. They might have to pay a fine or spend 1 day daughter and a 53-year-old woman just chose to do wrong. And they would in jail. But because the woman hit him while they were in neighboring rest- pick victims at random. They didn’t because of his sexual orientation to- room stalls. The suspect wore a pink really care. ward flashing, then she is now guilty shirt and a long wig to present himself The people that testified in my court under many hate crime laws of com- as a woman. repeatedly made clear that if someone mitting a felony and can get prison ‘‘In 2016, a man used a women’s lock- has this antisocial personality dis- time under these misguided hate crime er room at a public swimming pool in order, formerly sociopath, psychopath, laws. And I warned that we would get Washington State to undress in front they had less chance of being reformed to this point. of young girls who were changing for and coming out of prison and shying And then when I hear on the news swim practice. When Seattle Parks and away from wrongdoing. A lesser chance some woman got mad when a guy came Recreation staff asked him to leave, of reforming them. in dressed as a woman, scared her, and the man claimed that ‘the law has Whereas the testimony indicated in she hit him, then she gets arrested. changed and I have a right to be here.’ different cases that if someone com- This is what happens. This is the kind The man was apparently referring to a mitted an act in the heat of passion— of miscarriage of justice you get when Washington State rule that allows in- often it was a one-time crime that had we don’t base laws on facts. dividuals to use the bathroom that cor- to be punished for its own crime’s sake, And then we have this article from responds with their gender identity. but that they were not likely to ever Rebecca Kheel. Of course, most of us However, the man made no attempt to commit that crime again. There were have heard the headlines. We know the present as a woman. some who committed crimes. They Department of Veterans Affairs, or the ‘‘As these examples illustrate, there were not antisocial personality, but VA, has had problems. People have are people who will abuse transgender they had been brought up to hate a spe- been dying while waiting to get the policies. Although the Obama adminis- cific group or people, and they com- treatment they needed. tration wants to keep its focus on mitted some act or crime against And now the VA proposes covering bathrooms, its transgender directive them. surgeries for transgender vets. They goes much farther and actually re- I always made sure—it didn’t matter are not even taking care of the vets quires biological male students who whether they picked their victim be- when they need help, and now they are identify as female to be granted unfet- cause of sexual orientation—if they going to take up a procedure that tered access to women’s and girls’ committed an assault of any kind, up Johns Hopkins says does more harm showers at school gyms. to and including murder, I made sure ‘‘So what are women and girls to do than good, that the best study in the they were punished severely for the when a biological male wearing a wig world from Sweden says they are going crime they committed, because every and makeup walks into an open shower to be 20 times more likely to kill them- person deserves to be protected from an next to them and they are shocked by selves. assault. the intrusion? According to the admin- Have we not lost enough veterans al- So hate crimes comes in. And those istration’s directive, ‘the desire to ac- ready? The VA wants to make them 20 who chose a person based on a hatred commodate others’ discomfort’ is no times more vulnerable to suicide than they were taught, there are indications reason at all to prevent transgender they already are? there have been some great successes people from accessing the intimate fa- It is time to stop the nonsense. And with confrontations between them cilities of their choice. I would submit, Mr. Speaker, having ‘‘Moreover, the directive prevents after they were sentenced with victims reviewed the information that Dr. Paul schools from requiring transgender or victims’ families in which the per- McHugh from Johns Hopkins provided people to have surgery, take hormones, son who was not an antisocial person- and Walt Heyer provided and that I have a medical diagnosis, or even act ality would weep and recant and apolo- looked into based on their direction, or dress in any particular way before gize and beg for forgiveness and never one thing is imminently clear: the having the ‘right’ to be treated exactly have that kind of hatred again and issue of transgender is not based on bi- like a person of the opposite sex. would begin associating with people, ological science, it is not based on ‘‘The logical effect would be to si- whether they were of a different race, medical science, it is not based on lence women and girls who might oth- creed, color, or gender. They had a bet- physical science, it is not based on erwise speak out to prevent serious ter chance of being rehabilitated. chemical science. There is only one crimes from happening for fear that Yet, the hate crime law came in. In science that this whole transgender they would be accused of bigotry if fact, under the Federal law, if you con- issue before the Congress is based on, they make the wrong call. vince a jury—just raise a reasonable and that is political science. ‘‘The interests and desires of doubt as a defendant—no, I didn’t pick Mr. Speaker, I yield back the balance transgender persons, especially adults, that victim because they were this, of my time. that, or the other; I just wanted to shouldn’t be placed over the privacy f and safety of women and girls. There shoot somebody that day—if you raise are ways of accommodating a reasonable doubt that you may have MESSAGE FROM THE SENATE transgender people with private facili- randomly picked the victim, it is a A message from the Senate by Ms. ties without endangering and silencing complete defense to the Federal hate Curtis, one of its clerks, announced women who could be hurt by policies crime law. That is a messed up law. that the Senate agree to the amend- allowing anyone unfettered access to I also gave the example that, based ment of the House to the amendment their lockers, showers, and bath- on so many of the hate crime laws, you of the Senate to the bill (H.R. 2576) ‘‘An rooms.’’ could someday—and I was called crazy Act to modernize the Toxic Substances That is from Melody Wood. and all kind of names for giving this Control Act, and for other purposes.’’. It also reminds me of back years ago example—but the example I thought f when the issue of hate crimes was aris- many years ago that was appropriate, ing and we were going to punish people based on the hate crimes legislation, is LEAVE OF ABSENCE more severely based on what was in that you could have a situation where By unanimous consent, leave of ab- their minds, such as did they choose a a mother and her young daughter are sence was granted to: person, a victim, based on their being a standing on a street corner, somebody Mr. CURBELO of Florida (at the re- member of an identifiable group? opens their trench coat and flashes the quest of Mr. MCCARTHY) for today on

VerDate Sep 11 2014 05:39 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.060 H07JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE June 7, 2016 CONGRESSIONAL RECORD — HOUSE H3499 account of his flight being delayed Street in Perryville, Arkansas, as the ‘‘Har- 5582. A letter from the Chief, Mobility Di- from Miami to Washington, D.C. old George Bennett Post Office.’’ vision, Wireless Telecommunications Bu- H.R. 3082. To designate the facility of the Mr. DUFFY (at the request of Mr. reau, Federal Communication Commission, United States Postal Service located at 5919 transmitting the Commission’s final rule — MCCARTHY) for today and June 8 on ac- Chef Menteur Highway in New Orleans, Lou- Amendment of the Commission’s Rules with count of the birth of his child. isiana, as the ‘‘Daryle Holloway Post Office Regard to Commercial Operations in the Mrs. MIMI WALTERS of California (at Building.’’ 3550-3650 MHz Band [GN Docket No.: 12-354) the request of Mr. MCCARTHY) for today H.R. 3274. To designate the facility of the received June 1, 2016, pursuant to 5 U.S.C. and June 8 on account of business in United States Postal Service located at 4567 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 the district. Rockbridge Road in Pine Lake, Georgia, as Stat. 868); to the Committee on Energy and Ms. BROWN of Florida (at the request the ‘‘Francis Manuel Ortega Post Office.’’ Commerce. of Ms. PELOSI) for today on account of Karen L. Haas, Clerk of the House, 5583. A letter from the Chief of Staff, Media flight delayed. further reported that on June 7, 2016, Bureau, Federal Communications Commis- she presented to the President of the sion, transmitting the Commission’s final Mr. FARR (at the request of Ms. rule — Gray Television License, LLC and PELOSI) for today through June 10 on United States, for his approval, the fol- New Rushmore Radio, Inc., Amendment of account of family and health issues. lowing joint resolution: Section 73.622(i) Digital Television Table of Ms. JACKSON LEE (at the request of H.J. Res. 88. Disapproving the rule sub- Allotments (Scottsbluff, Nebraska and Sid- Ms. PELOSI) for today on account of of- mitted by the Department of Labor relating ney, Nebraska) [MB Docket No.: 16-29] [RM- ficial business. to the definition of the term ‘‘Fiduciary.’’ 11758] received June 1, 2016, pursuant to 5 Mr. PAYNE (at the request of Ms. f U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Stat. 868); to the Committee on En- PELOSI) for today on account of official ADJOURNMENT ergy and Commerce. business. Mr. GOHMERT. Mr. Speaker, I move 5584. A letter from the Secretary, Depart- Mr. SWALWELL of California (at the that the House do now adjourn. ment of the Treasury, transmitting a six- request of Ms. PELOSI) for today on ac- The motion was agreed to; accord- month periodic report on the national emer- count of primary election day in Cali- gency with respect to North Korea that was ingly (at 8 o’clock and 15 minutes fornia. declared in Executive Order 13466 of June 26, p.m.), under its previous order, the Ms. MAXINE WATERS of California (at 2008, pursuant to 50 U.S.C. 1641(c); Public House adjourned until tomorrow, the request of Ms. PELOSI) for today. Law 94-412, Sec. 401(c); (90 Stat. 1257) and 50 Wednesday, June 8, 2016, at 10 a.m. U.S.C. 1703(c); Public Law 95-223, Sec 204(c); f f (91 Stat. 1627); to the Committee on Foreign BILLS AND JOINT RESOLUTION Affairs. EXECUTIVE COMMUNICATIONS, PRESENTED TO THE PRESIDENT 5585. A letter from the Secretary, Depart- ETC. ment of the Treasury, transmitting six- Karen L. Haas, Clerk of the House, Under clause 2 of rule XIV, executive month periodic report on the national emer- reported that on June 3, 2016, she pre- gency with respect to the Western Balkans communications were taken from the that was declared in Executive Order 13219 of sented to the President of the United Speaker’s table and referred as follows: States, for his approval, the following June 26, 2001 and Executive Order 13313 of 5577. A letter from the Chair, Board of Gov- bills: July 31, 2003, pursuant to 50 U.S.C. 1641(c); ernors of the Federal Reserve System, trans- Public Law 94-412, Sec. 401(c); (90 Stat. 1257) H.R. 3601. To designate the facility of the mitting the Board’s 102nd Annual Report for and 50 U.S.C. 1703(c); Public Law 95-223, Sec United States Postal Service located at 7715 calendar year 2015; to the Committee on Fi- 204(c); (91 Stat. 1627); to the Committee on Post Road, North Kingstown, Rhode Island, nancial Services. Foreign Affairs. as the ‘‘Melvoid J. Benson Post Office Build- 5578. A letter from the Assistant General 5586. A letter from the Assistant Legal Ad- ing.’’ Counsel for Legislation, Regulation and En- viser, Office of Treaty Affairs, Department of H.R 3735. To designate the facility of the ergy Efficiency, Office of Energy Efficiency State, transmitting a report concerning United States Postal Service located at 200 and Renewable Energy, Department of En- international agreements other than treaties Town Run Lane in Winston Salem, North ergy, transmitting the Department’s final entered into by the United States to be Carolina, as the ‘‘Maya Angelou Memorial rule — Energy Conservation Program: Test transmitted to the Congress within the Post Office.’’ Procedures for Portable Air Conditioners sixty-day period specified in the Case-Za- H.R 3866. To designate the facility of the [Docket No.: EERE-2014-BT-TP-0014] (RIN: blocki Act, pursuant to 1 U.S.C. 112b(d)(1); United States Postal Service located at 1265 1904-AD22) received June 1, 2016, pursuant to Public Law 92-403, Sec. 1; (86 Stat. 619); to the Hurffville Road in Deptford Township, New 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. Committee on Foreign Affairs. Jersey, as the ‘‘First Lieutenant Salvatore 251; (110 Stat. 868); to the Committee on En- 5587. A letter from the Chief Executive Of- S. Corma II Post Office Building.’’ ergy and Commerce. ficer, Corporation for National and Commu- H.R. 4046. To designate the facility of the 5579. A letter from the Regulations Coordi- nity Service, transmitting the Corporation’s United States Postal Service located at 220 nator, Administration for Community Liv- Inspector General Semiannual Report to East Oak Street, Glenwood City, Wisconsin, ing, Department of Health and Human Serv- Congress and Response and Report on Final as the Second Lt. Ellen Ainsworth Memorial ices, transmitting the Department’s final Action for the six-month period from Octo- Post Office. rule — Administration for Community Liv- ber 1, 2015 through March 31, 2016, pursuant H.R. 4605. To designate the facility of the ing — Regulatory Consolidation received to 5 U.S.C. app. (Insp. Gen. Act) Sec. 5(b); United States Postal Service located at 615 June 2, 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Public Law 95-452, Sec. 5(b); (92 Stat. 1103); to 6th Avenue SE in Cedar Rapids, Iowa as the Public Law 104-121, Sec. 251; (110 Stat. 868); to the Committee on Oversight and Govern- ‘‘Sgt. 1st Class Terryl L. Pasker Post Office the Committee on Energy and Commerce. ment Reform. Building.’’ 5580. A letter from the Director, Regu- 5588. A letter from the Inspector General, H.R. 136. To designate the facility of the latory Management Division, Environmental Department of Agriculture, transmitting the United States Postal Service located at 1103 Protection Agency, transmitting the Agen- Department’s Inspector General Semiannual USPS Building 1103 in Camp Pendleton, Cali- cy’s final rule — Partial Approval and Par- Report to Congress for the period from Octo- fornia, as the ‘‘Camp Pendleton Medal of tial Disapproval of Air Quality State Imple- ber 1, 2015 to March 31, 2016, pursuant to 5 Honor Post Office.’’ mentation Plans; Arizona; Infrastructure Re- U.S.C. app. (Insp. Gen. Act) Sec. 5(b); Public H.R. 433. To designate the facility of the quirements to Address Interstate Transport Law 95-452, Sec.5(b); (92 Stat. 1103); to the United States Postal Service located at 523 for the 2008 Ozone NAAQS; Correction [EPA- Committee on Oversight and Government East Railroad Street in Knox, Pennsylvania, R09-OAR-2015-0793; FRL-9947-27-Region 9) re- Reform. as the ‘‘Specialist Ross A. McGinnis Memo- ceived June 1, 2016, pursuant to 5 U.S.C. 5589. A letter from the Deputy Secretary, rial Post Office.’’ 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Department of Defense, transmitting the De- H.R. 1132. To designate the facility of the Stat. 868); to the Committee on Energy and partment’s Inspector General Semiannual United States Postal Service located at 1048 Commerce. Report to the Congress for the reporting pe- West Robinhood Drive in Stockton, Cali- 5581. A letter from the Director, Regu- riod October 1, 2015 through March 31, 2016, fornia, as the ‘‘W. Ronald Coale Memorial latory Management Division, Environmental pursuant to 5 U.S.C. app. (Insp. Gen. Act) Post Office Building.’’ Protection Agency, transmitting the Agen- Sec. 5(b); Public Law 95-452, Sec. 5(b); (92 H.R. 2458. To designate the facility of the cy’s final rule — Nevada: Final Authoriza- Stat. 1103); to the Committee on Oversight United States Postal Service located at 5351 tion of State Hazardous Waste Management and Government Reform. Lapalco Boulevard in Marrero, Louisiana, as Program Revisions [EPA-R09-RCRA-2015- 5590. A letter from the Board Chairman, the ‘‘Lionel R. Collins, Sr. Post Office Build- 0822; FRL-9947-28-Region 9) received June 1, Farm Credit System Insurance Corporation, ing.’’ 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Public transmitting the Corporation’s final rule — H.R. 2928. To designate the facility of the Law 104-121, Sec. 251; (110 Stat. 868); to the Rules of Practice and Procedure; Adjusting United States Postal Service located at 201 B Committee on Energy and Commerce. Civil Money Penalties for Inflation (RIN:

VerDate Sep 11 2014 07:22 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K07JN7.062 H07JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H3500 CONGRESSIONAL RECORD — HOUSE June 7, 2016 3055-AA11) received June 2, 2016, pursuant to porary rule — Atlantic Highly Migratory USCG-2015-0825] (RIN: 1625-AA01) received 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. Species; Atlantic Bluefin Tuna Fisheries June 1, 2016, pursuant to 5 U.S.C. 801(a)(1)(A); 251; (110 Stat. 868); to the Committee on [Docket No.: 150121066-5717-02] (RIN: 0648- Public Law 104-121, Sec. 251; (110 Stat. 868); to Oversight and Government Reform. XE579) received June 1, 2016, pursuant to 5 the Committee on Transportation and Infra- 5591. A letter from the Administrator, Gen- U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. structure. eral Service Administration, transmitting 251; (110 Stat. 868); to the Committee on Nat- 5608. A letter from the Attorney-Advisor, the Administration’s Inspector General ural Resources. U.S. Coast Guard, Department of Homeland Semiannual Report to the Congress for the 5600. A letter from the Director, Office of Security, transmitting the Department’s period of October 1, 2015, through March 31, Sustainable Fisheries, NMFS, National Oce- temporary final rule — Drawbridge Oper- 2016, pursuant to 5 U.S.C. app. (Insp. Gen. anic and Atmospheric Administration, trans- ation Regulation; Youngs Bay, Astoria, OR Act) Sec. 5(b); Public Law 95-452, Sec. 5(b); mitting the Administration’s temporary rule [Docket No.: USCG-2016-0090] (RIN: 1625- (92 Stat. 1103); to the Committee on Over- — Fisheries of the Exclusive Economic Zone AA09) received June 1, 2016, pursuant to 5 sight and Government Reform. Off Alaska; Sablefish Managed Under the In- U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. 5592. A letter from the Chairman, National dividual Fishing Quota Program [Docket 251; (110 Stat. 868); to the Committee on Endowment for the Arts, transmitting the No.: 150818742-6210-02 and 150916863-6211-02] Transportation and Infrastructure. National Endowment’s Inspector General (RIN: 0648-XE507) received June 1, 2016, pur- 5609. A letter from the Attorney-Advisor, Semiannual Report to the Congress and the suant to 5 U.S.C. 801(a)(1)(A); Public Law 104- U.S. Coast Guard, Department of Homeland Chairman’s Semiannual Report on Final Ac- 121, Sec. 251; (110 Stat. 868); to the Committee Security, transmitting the Department’s tion Resulting from Audit Reports, Inspec- on Natural Resources. temporary final rule — Safety Zone, Block tion Reports, and Evaluation Reports for the 5601. A letter from the Acting Director, Of- Island Wind Farm; Rhode Island Sound, RI period of October 1, 2015 through March 31, fice of Sustainable Fisheries, NMFS, Na- [Docket No.: USCG-2016-0026] (RIN: 1625- 2016, pursuant to 5 U.S.C. app. (Insp. Gen. tional Oceanic and Atmospheric Administra- AA00) received June 1, 2016, pursuant to 5 Act) Sec. 5(b); Public Law 95-452, Sec. 5(b); tion, transmitting the Administration’s tem- U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. (92 Stat. 1103); to the Committee on Over- porary rule — Fisheries of the Exclusive Eco- 251; (110 Stat. 868); to the Committee on sight and Government Reform. nomic Zone Off Alaska; Pacific Cod by Transportation and Infrastructure. 5593. A letter from the Auditor, Office of Catcher Vessels Using Trawl Gear in the Ber- 5610. A letter from the Attorney-Advisor, the District of Columbia Auditor, transmit- ing Sea and Aleutian Islands Management U.S. Coast Guard, Department of Homeland ting a report entitled ‘‘The Impact of ‘Ban Area [Docket No.: 150916863-6211-02] (RIN: Security, transmitting the Department’s the Box’ in the District of Columbia’’; to the 0648-XE557) received June 1, 2016, pursuant to temporary final rule — Safety Zone; Upper Committee on Oversight and Government 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. Mississippi River, Minneapolis, MN [Docket Reform. 251; (110 Stat. 868); to the Committee on Nat- No.: USCG-2016-0337] (RIN: 1625-AA00) re- ceived June 1, 2016, pursuant to 5 U.S.C. 5594. A letter from the Auditor, Office of ural Resources. the District of Columbia Auditor, transmit- 5602. A letter from the Acting Director, Of- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 ting a report entitled, ‘‘Fiscal Year 2015 An- fice of Sustainable Fisheries, NMFS, Na- Stat. 868); to the Committee on Transpor- nual Report on Advisory Neighborhood Com- tional Oceanic and Atmospheric Administra- tation and Infrastructure. 5611. A letter from the Attorney-Advisor, missions’’; to the Committee on Oversight tion, transmitting the Administration’s tem- U.S. Coast Guard, Department of Homeland and Government Reform. porary rule — Fisheries of the Exclusive Eco- Security, transmitting the Department’s 5595. A letter from the Chairman, U.S. nomic Zone Off Alaska; Pacific Cod in the temporary final rule — Safety Zone; Na- Election Assistance Commission, transmit- Bering Sea Subarea of the Bering Sea and tional Grid — Beck Lockport 104 & Beck ting the Commission’s Inspector General Aleutian Islands Management Area [Docket Harper 106 Removal Project; Niagara River, Semiannual Report to Congress for the pe- No.: 150916863-6211-02] (RIN: 0648-XE563) re- Lewiston, NY [Docket No.: USCG-2016-0265] riod October 1, 2015 through March 31, 2016, ceived June 1, 2016, pursuant to 5 U.S.C. pursuant to 5 U.S.C. app. (Insp. Gen. Act) (RIN: 1625-AA00) received June 1, 2016, pursu- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 ant to 5 U.S.C. 801(a)(1)(A); Public Law 104- Sec. 5(b); Public Law 95-452, Sec. 5(b); (92 Stat. 868); to the Committee on Natural Re- 121, Sec. 251; (110 Stat. 868); to the Committee Stat. 1103); to the Committee on Oversight sources. on Transportation and Infrastructure. and Government Reform. 5603. A letter from the Attorney General, 5612. A letter from the Attorney-Advisor, 5596. A letter from the Acting Director, Of- Department of Justice, transmitting a deter- U.S. Coast Guard, Department of Homeland fice of Sustainable Fisheries, NMFS, Na- mination in the case of Helman v. Depart- Security, transmitting the Department’s tional Oceanic and Atmospheric Administra- ment of Veterans Affairs, No. 15-3086 (Fed. temporary final rule — Safety Zone; Navy tion, transmitting the Administration’s tem- Cir.), pursuant to 28 U.S.C. 530D(a); Public UNDET, Apra Outer Harbor and Piti, GU porary rule — Fisheries of the Exclusive Eco- Law 107-273, Sec. 202(a); (116 Stat. 1771); to [Docket No.: USCG-2016-0274] (RIN: 1625- nomic Zone Off Alaska; Deep-Water Species the Committee on the Judiciary. AA00) received June 1, 2016, pursuant to 5 Fishery by Vessels Using Trawl Gear in the 5604. A letter from the Acting Deputy Chief U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. Gulf of Alaska [Docket No.: 150818742-6210-02] Financial Officer and Director for Financial 251; (110 Stat. 868); to the Committee on (RIN: 0648-XE623) received June 1, 2016, pur- Management, Department of Commerce, Transportation and Infrastructure. suant to 5 U.S.C. 801(a)(1)(A); Public Law 104- transmitting the Department’s final rule — 5613. A letter from the Attorney-Advisor, 121, Sec. 251; (110 Stat. 868); to the Committee Commerce Debt Collection [Docket No.: U.S. Coast Guard, Department of Homeland on Natural Resources. 150902806-5806-01] (RIN: 0605-AA40) received Security, transmitting the Department’s 5597. A letter from the Acting Director, Of- June 2, 2016, pursuant to 5 U.S.C. 801(a)(1)(A); temporary final rule — Safety Zone, Cape fice of Sustainable Fisheries, NMFS, Na- Public Law 104-121, Sec. 251; (110 Stat. 868); to Fear River; Southport, NC [Docket No.: tional Oceanic and Atmospheric Administra- the Committee on the Judiciary. USCG-2016-0306] (RIN: 1625-AA00) received tion, transmitting the Administration’s tem- 5605. A letter from the Attorney-Advisor, June 1, 2016, pursuant to 5 U.S.C. 801(a)(1)(A); porary rule — Fisheries of the Exclusive Eco- U.S. Coast Guard, Department of Homeland Public Law 104-121, Sec. 251; (110 Stat. 868); to nomic Zone Off Alaska; Pacific Cod by Security, transmitting the Department’s the Committee on Transportation and Infra- Catcher Vessels Using Trawl Gear in the Ber- final rule — Special Local Regulations, Re- structure. ing Sea and Aleutian Islands Management curring Marine Events in Captain of the Port 5614. A letter from the Attorney-Advisor, Area [Docket No.: 150916863-6211-02] (RIN: Long Island Sound Zone [Docket No.: USCG- U.S. Coast Guard, Department of Homeland 0648-XE611) received June 1, 2016, pursuant to 2015-0100] (RIN: 1625-AA08) received June 1, Security, transmitting the Department’s 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Public final rule — Safety Zones; Annual events re- 251; (110 Stat. 868); to the Committee on Nat- Law 104-121, Sec. 251; (110 Stat. 868); to the quiring safety zones in the Captain of the ural Resources. Committee on Transportation and Infra- Port Lake Michigan zone [Docket No.: 5598. A letter from the Acting Director, Of- structure. USCG-2015-1081] (RIN: 1625-AA00) received fice of Sustainable Fisheries, NMFS, Na- 5606. A letter from the Attorney-Advisor, June 1, 2016, pursuant to 5 U.S.C. 801(a)(1)(A); tional Oceanic and Atmospheric Administra- U.S. Coast Guard, Department of Homeland Public Law 104-121, Sec. 251; (110 Stat. 868); to tion, transmitting the Administration’s tem- Security, transmitting the Department’s the Committee on Transportation and Infra- porary rule — Fisheries of the Exclusive Eco- temporary final rule — Safety Zone: San structure. nomic Zone Off Alaska; Pacific Cod by Ves- Francisco State Graduation Fireworks Dis- 5615. A letter from the Attorney-Advisor, sels Using Pot Gear in the Central Regu- play, San Francisco, CA [Docket No.: USCG- U.S. Coast Guard, Department of Homeland latory Area of the Gulf of Alaska [Docket 2016-0177] (RIN: 1625-AA00) received June 1, Security, transmitting the Department’s No.: 150818742-6210-02] (RIN: 0648-XE556) re- 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Public temporary final rule — Safety Zone; Hudson ceived June 1, 2016, pursuant to 5 U.S.C. Law 104-121, Sec. 251; (110 Stat. 868); to the River, Jersey City, NJ, Manhattan, NY 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Committee on Transportation and Infra- [Docket No.: USCG-2016-0109] (RIN: 1625- Stat. 868); to the Committee on Natural Re- structure. AA00) received June 1, 2016, pursuant to 5 sources. 5607. A letter from the Attorney-Advisor, U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. 5599. A letter from the Acting Director, Of- U.S. Coast Guard, Department of Homeland 251; (110 Stat. 868); to the Committee on fice of Sustainable Fisheries, NMFS, Na- Security, transmitting the Department’s Transportation and Infrastructure. tional Oceanic and Atmospheric Administra- final rule — Anchorage Regulations; Dela- 5616. A letter from the Attorney-Advisor, tion, transmitting the Administration’s tem- ware River, Philadelphia, PA [Docket No.: U.S. Coast Guard, Department of Homeland

VerDate Sep 11 2014 05:39 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\L07JN7.000 H07JNPT1 SSpencer on DSK4SPTVN1PROD with HOUSE June 7, 2016 CONGRESSIONAL RECORD — HOUSE H3501 Security, transmitting the Department’s Turkmenistan, pursuant to 19 U.S.C. titles were introduced and severally re- temporary final rule — Safety Zone; Newport 2432(d)(1); Public Law 93-618, Sec. 402(d)(1); (88 ferred, as follows: Beach Harbor Grand Canal Bridge Construc- Stat. 2056); to the Committee on Ways and By Mrs. WATSON COLEMAN: tion; Newport Beach, CA [Docket No.: USCG- Means. 2016-0227] (RIN: 1625-AA00) received June 1, 5625. A letter from the Assistant Secretary, H.R. 5385. A bill to amend the Homeland 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Public Legislative Affairs, Department of State, Security Act of 2002 to make technical cor- Law 104-121, Sec. 251; (110 Stat. 868); to the transmitting a report to the Congress con- rections to the requirement that the Sec- Committee on Transportation and Infra- cerning the extension of waiver authority for retary of Homeland Security submit quad- structure. Belarus, pursuant to 19 U.S.C. 2432(d)(1); Pub- rennial homeland security reviews, and for 5617. A letter from the Attorney-Advisor, lic Law 93-618, Sec. 402(d)(1); (88 Stat. 2056); other purposes; to the Committee on Home- U.S. Coast Guard, Department of Homeland to the Committee on Ways and Means. land Security. Security, transmitting the Department’s 5626. A letter from the Assistant Secretary, By Ms. ESHOO (for herself, Mr. Legislative Affairs, Department of State, temporary final rule — Safety Zone; Pacific GUTIE´ RREZ, Mr. COHEN, Mrs. NAPOLI- transmitting Presidential Determination No. Ocean, North Shore Oahu, HI — Recovery TANO, Mr. CA´ RDENAS, Mr. TED LIEU of 2016-07, Suspension of Limitations under the Operations [Docket No.: USCG-2016-0272] California, Mr. BRENDAN F. BOYLE of Jerusalem Embassy Act, pursuant to Public (RIN: 1625-AA00) received June 1, 2016, pursu- Pennsylvania, Mr. HASTINGS, Ms. Law 104-45, Sec. 7(a); (109 Stat. 400); jointly ant to 5 U.S.C. 801(a)(1)(A); Public Law 104- TSONGAS, Mr. BLUMENAUER, Ms. to the Committees on Foreign Affairs and 121, Sec. 251; (110 Stat. 868); to the Committee Appropriations. SCHAKOWSKY, Mr. MURPHY of Florida, on Transportation and Infrastructure. Ms. TITUS, Mr. MCGOVERN, Mr. 5618. A letter from the Attorney-Advisor, f COSTA, and Mr. POCAN): U.S. Coast Guard, Department of Homeland REPORTS OF COMMITTEES ON Security, transmitting the Department’s H.R. 5386. A bill to amend the Federal Elec- temporary final rule — Security Zone; Port PUBLIC BILLS AND RESOLUTIONS tion Campaign Act of 1971 to require can- of New York, moving Security Zone; Cana- Under clause 2 of rule XIII, reports of didates of major parties for the office of dian Naval Vessels [Docket No.: USCG-2016- committees were delivered to the Clerk President to disclose recent tax return infor- 0215] (RIN: 1625-AA87) received June 1, 2016, for printing and reference to the proper mation; to the Committee on Ways and pursuant to 5 U.S.C. 801(a)(1)(A); Public Law Means, and in addition to the Committee on calendar, as follows: House Administration, for a period to be sub- 104-121, Sec. 251; (110 Stat. 868); to the Com- Mr. UPTON: Committee on Energy and mittee on Transportation and Infrastruc- sequently determined by the Speaker, in Commerce. Supplemental report on H.R. each case for consideration of such provi- ture. 4775. A bill to facilitate efficient State im- 5619. A letter from the Attorney-Advisor, sions as fall within the jurisdiction of the plementation of ground-level ozone stand- U.S. Coast Guard, Department of Homeland committee concerned. ards, and for other purposes (Rept. 114–598, By Mr. ENGEL (for himself and Mr. Security, transmitting the Department’s Pt. 2). Referred to the Committee of the CROWLEY): temporary final rule — Security Zone; Tall- Whole House on the state of the Union. Ship CUAUHTEMOC; Thames River, New Mr. BRADY of Texas: Committee on Ways H.R. 5387. A bill to authorize actions to ad- London Harbor, New London, CT [Docket and Means. H.R. 5273. A bill to amend title vance the United States-India relationship, No.: USCG-2016-0250] (RIN: 1625-AA87) re- XVIII of the Social Security Act to provide and for other purposes; to the Committee on ceived June 1, 2016, pursuant to 5 U.S.C. for regulatory relief under the Medicare pro- Foreign Affairs, and in addition to the Com- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 gram for certain providers of services and mittees on Ways and Means, and Armed Stat. 868); to the Committee on Transpor- suppliers and increased transparency in hos- Services, for a period to be subsequently de- tation and Infrastructure. pital coding and enrollment data, and for termined by the Speaker, in each case for 5620. A letter from the Attorney-Advisor, other purposes; with an amendment (Rept. consideration of such provisions as fall with- U.S. Coast Guard, Department of Homeland 114–604, Pt. 1). Referred to the Committee of in the jurisdiction of the committee con- Security, transmitting the Department’s the Whole House on the state of the Union. cerned. final rule — Special Local Regulations, Re- Mr. CULBERSON: Committee on Appro- By Mr. RATCLIFFE (for himself and curring Marine Events in Captain of the Port priations. H.R. 5393. A bill making appropria- Mr. MCCAUL): Long Island Sound Zone [Docket No.: USCG- tions for the Departments of Commerce and 2015-0100] (RIN: 1625-AA08) received June 1, Justice, Science, and Related Agencies for H.R. 5388. A bill to amend the Homeland 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Public the fiscal year ending September 30, 2017, and Security Act of 2002 to provide for innovative Law 104-121, Sec. 251; (110 Stat. 868); to the for other purposes (Rept. 114–605). Referred research and development, and for other pur- Committee on Transportation and Infra- to the Committee of the Whole House on the poses; to the Committee on Homeland Secu- structure. state of the Union. rity. 5621. A letter from the Attorney-Advisor, Mr. DIAZ-BALART: Committee on Appro- By Mr. RATCLIFFE (for himself, Mr. U.S. Coast Guard, Department of Homeland priations. H.R. 5394. A bill making appropria- MCCAUL, and Mr. THOMPSON of Mis- Security, transmitting the Department’s tions for the Departments of Transportation, sissippi): and Housing and Urban Development, and re- temporary final rule — Safety Zones; Upper H.R. 5389. A bill to encourage engagement lated agencies for the fiscal year ending Sep- Mississippi River between mile 179.2 and between the Department of Homeland Secu- tember 30, 2017, and for other purposes (Rept. 180.5, St. Louis, MO and between mile 839.5 rity and technology innovators, and for and 840.0, St. Paul, MN [Docket No.: USCG- 114–606). Referred to the Committee of the Whole House on the state of the Union. other purposes; to the Committee on Home- 2016-0354] (RIN: 1625-AA00) received June 1, land Security. 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Public Mr. WOODALL: Committee on Rules. By Mr. MCCAUL (for himself, Mr. Law 104-121, Sec. 251; (110 Stat. 868); to the House Resolution 767. Resolution providing RATCLIFFE, and Ms. JACKSON LEE): Committee on Transportation and Infra- for consideration of the bill (H.R. 4775) to fa- structure. cilitate efficient State implementation of H.R. 5390. A bill to amend the Homeland 5622. A letter from the Attorney-Advisor, ground-level ozone standards, and for other Security Act of 2002 to authorize the Cyber- U.S. Coast Guard, Department of Homeland purposes; providing for consideration of the security and Infrastructure Protection Agen- Security, transmitting the Department’s concurrent resolution (H. Con. Res. 89) ex- cy of the Department of Homeland Security, temporary final rule — Safety Zone; Sabine pressing the sense of Congress that a carbon and for other purposes; to the Committee on River, Orange, Texas [Docket No.: USCG- tax would be detrimental to the United Homeland Security, and in addition to the 2016-0321] (RIN: 1625-AA00) received June 1, States economy; and providing for the con- Committees on Energy and Commerce, Over- 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Public sideration of the concurrent resolution (H. sight and Government Reform, and Trans- Law 104-121, Sec. 251; (110 Stat. 868); to the Con. Res. 112) expressing the sense of Con- portation and Infrastructure, for a period to Committee on Transportation and Infra- gress opposing the President’s proposed $10 be subsequently determined by the Speaker, structure. tax on every barrel of oil (Rept. 114–607). Re- in each case for consideration of such provi- 5623. A letter from the Attorney-Advisor, ferred to the House Calendar. sions as fall within the jurisdiction of the U.S. Coast Guard, Department of Homeland DISCHARGE OF COMMITTEE committee concerned. Security, transmitting the Department’s Pursuant to clause 2 of rule XIII, the By Mr. RICHMOND: temporary final rule — Special Local Regu- Committee on Energy and Commerce H.R. 5391. A bill to amend the Homeland lation; Lake of the Ozarks, Lakeside, MO discharged from further consideration. Security Act of 2002 to enhance certain du- [Docket No.: USCG-2016-0276] (RIN: 1625- H.R. 5273 referred to the Committee of ties of the Domestic Nuclear Detection Of- AA08) received June 1, 2016, pursuant to 5 the Whole House on the state of the fice, and for other purposes; to the Com- U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. mittee on Homeland Security. 251; (110 Stat. 868); to the Committee on Union. By Mr. YOUNG of Iowa: Transportation and Infrastructure. f 5624. A letter from the Assistant Secretary, PUBLIC BILLS AND RESOLUTIONS H.R. 5392. A bill to direct the Secretary of Legislative Affairs, Department of State, Veterans Affairs to improve the Veterans transmitting a report to the Congress con- Under clause 2 of rule XII, public Crisis Line; to the Committee on Veterans’ cerning the extension of waiver authority for bills and resolutions of the following Affairs.

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By Mr. BURGESS (for himself and Ms. DAVIS of Illinois, Mr. RICHMOND, Ms. By Mr. RATCLIFFE: MATSUI): EDDIE BERNICE JOHNSON of Texas, H.R. 5389. H.R. 5395. A bill to require studies and re- Mrs. LOVE, Mr. CUMMINGS, Mr. CLAY, Congress has the power to enact this legis- ports examining the use of, and opportuni- Ms. SEWELL of Alabama, Mr. RANGEL, lation pursuant to the following: ties to use, technology-enabled collaborative Mr. LYNCH, Mr. JOHNSON of Georgia, Article I, Section 8, Clause 18—To make all learning and capacity building models to im- Mr. VEASEY, Mr. DAVID SCOTT of Laws which shall be necessary and proper for carrying into Execution the foregoing Pow- prove programs of the Department of Health Georgia, Ms. EDWARDS, Ms. MCCOL- ers, and all other Powers vested by this Con- and Human Services, and for other purposes; LUM, Ms. PINGREE, Ms. MENG, Mr. stitution in the Government of the United to the Committee on Energy and Commerce. SERRANO, Mr. GARAMENDI, Mr. ELLI- States, or in any Department or Officer By Mr. MCDERMOTT (for himself, Mr. SON, Mr. WELCH, Ms. SLAUGHTER, Mr. thereof. CONYERS, Mr. CUMMINGS, Mrs. DIN- VELA, Mr. O’ROURKE, Ms. GABBARD, By Mr. MCCAUL: GELL, Mr. GRAYSON, and Ms. SCHA- Mrs. NAPOLITANO, Mr. VAN HOLLEN, H.R. 5390. KOWSKY): Mr. RUPPERSBERGER, Ms. ESHOO, and Congress has the power to enact this legis- H.R. 5396. A bill to amend title XVIII of the Ms. PLASKETT): Social Security Act to provide for coverage lation pursuant to the following: H. Res. 766. A resolution honoring in praise Article I, Section 8, Clause 18—To make all of dental, vision, and hearing care under the and remembrance the extraordinary life, ac- Laws which shall be necessary and proper for Medicare program; to the Committee on En- complishments, and countless contributions carrying into Execution the foregoing Pow- ergy and Commerce, and in addition to the of Mr. Muhammad Ali; to the Committee on ers, and all other Powers vested by this Con- Committee on Ways and Means, for a period Oversight and Government Reform. stitution in the Government of the United to be subsequently determined by the Speak- By Mr. LAMBORN: States, or in any Department or Officer er, in each case for consideration of such pro- H. Res. 768. A resolution recognizing the thereof. visions as fall within the jurisdiction of the sense of the House of Representatives that it By Mr. RICHMOND: committee concerned. is in the United States’ national security in- H.R. 5391. By Mr. REICHERT (for himself, Mr. terest for Israel to maintain control of the Congress has the power to enact this legis- KILMER, Mr. NEWHOUSE, Ms. Golan Heights; to the Committee on Foreign lation pursuant to the following: DELBENE, Mrs. MCMORRIS RODGERS, Affairs. This bill is introduced pursuant to the Mr. SMITH of Washington, Ms. HER- powers granted to Congress under the Gen- f RERA BEUTLER, Mr. LARSEN of Wash- eral Welfare Clause (Art. 1 Sec. 8 Cl. 1), the ington, Mr. MCDERMOTT, and Mr. MEMORIALS Commerce Clause (Art. 1 Sec. 8 Cl. 3), and HECK of Washington): the Necessary and Proper Clause (Art. 1 Sec. H.R. 5397. A bill to redesignate the Olympic Under clause 3 of rule XII, memorials 8 Cl. 18). Wilderness as the Daniel J. Evans Wilder- were presented and referred as follows: Further, this statement of constitutional ness; to the Committee on Natural Re- 250. The SPEAKER presented a memorial authority is made for the sole purpose of sources. of the Legislature of the State of Oklahoma, compliance with clause 7 of Rule XII of the By Mr. RICE of South Carolina: relative to Senate Joint Resolution No. 4, re- Rules of the House of Representatives and H.R. 5398. A bill to amend the Immigration questing the Congress of the United States shall have no bearing on judicial review of and Nationality Act to reform the United call a convention of the states to propose the accompanying bill. States immigration system to provide for a amendments to the Constitution of the By Mr. YOUNG of Iowa: competitive America, and for other purposes; United States; to the Committee on the Ju- H.R. 5392. to the Committee on the Judiciary, and in diciary. Congress has the power to enact this legis- addition to the Committees on Ways and 251. Also, a memorial of the Legislature of lation pursuant to the following: Means, Homeland Security, Foreign Affairs, the State of Oklahoma, relative to Senate Article I, Section 8, Clauses 1 and 18 of the and Education and the Workforce, for a pe- Joint Resolution No. 4, requesting the Con- United States Constitution. riod to be subsequently determined by the gress of the United States call a convention By Mr. CULBERSON: Speaker, in each case for consideration of H.R. 5393. of the states to propose amendments to the Congress has the power to enact this legis- such provisions as fall within the jurisdic- Constitution of the United States; to the lation pursuant to the following: tion of the committee concerned. Committee on the Judiciary. The principal constitutional authority for By Mr. ROE of Tennessee: this legislation is clause 7 of section 9 of ar- H.R. 5399. A bill to amend title 38, United f ticle I of the Constitution of the United States Code, to ensure that physicians of the CONSTITUTIONAL AUTHORITY States (the appropriation power), which Department of Veterans Affairs fulfill the STATEMENT states: ‘‘No Money shall be drawn from the ethical duty to report to State licensing au- Treasury, but in Consequence of Appropria- thorities impaired, incompetent, and uneth- Pursuant to clause 7 of rule XII of the Rules of the House of Representa- tions made by Law . . . .’’ In addition, clause ical health care activities; to the Committee 1 of section 8 of article I of the Constitution on Veterans’ Affairs. tives, the following statements are sub- (the spending power) provides: ‘‘The Con- By Mr. TOM PRICE of Georgia (for mitted regarding the specific powers gress shall have the Power . . . to pay the himself and Mr. PIERLUISI): granted to Congress in the Constitu- Debts and provide for the common Defence H.R. 5400. A bill to amend the Internal Rev- tion to enact the accompanying bill or and general Welfare of the United States enue Code of 1986 to make permanent the de- . . . .’’ Together, these specific constitu- duction for income attributable to domestic joint resolution. By Mrs. WATSON COLEMAN: tional provisions establish the congressional production activities in Puerto Rico; to the power of the purse, granting Congress the Committee on Ways and Means. H.R. 5385. ´ Congress has the power to enact this legis- authority to appropriate funds, to determine By Ms. VELAZQUEZ: their purpose, amount, and period of avail- H.R. 5401. A bill to amend the Fair Housing lation pursuant to the following: ability, and to set forth terms and conditions Act, to prohibit discrimination based on use Article I, Section 8, Clause 18 governing their use. of section 8 vouchers, and for other purposes; By Ms. ESHOO: By Mr. DIAZ-BALART: H.R. 5386. to the Committee on Financial Services, and H.R. 5394. in addition to the Committees on Ways and Congress has the power to enact this legis- Congress has the power to enact this legis- Means, and the Judiciary, for a period to be lation pursuant to the following: lation pursuant to the following: subsequently determined by the Speaker, in Article I, Section 4, clause 1 of the Con- The principal constitutional authority for each case for consideration of such provi- stitution. this legislation is clause 7 of section 9 of ar- sions as fall within the jurisdiction of the By Mr. ENGEL: ticle I of the Constitution of the United committee concerned. H.R. 5387. States (the appropriation power), which By Mr. YOUNG of Alaska: Congress has the power to enact this legis- states: ‘‘No Money shall be drawn from the H.R. 5402. A bill to correct the Swan Lake lation pursuant to the following: Treasury, but in Consequence of Appropria- hydroelectric project survey boundary and to Article I, Section 8, Clause 18 of the Con- tions made by Law . . . .’’ In addition, clause provide for the conveyance of the remaining stitution. 1 of section 8 of article I of the Constitution tract of land within the corrected survey By Mr. RATCLIFFE: (the spending power) provides: ‘‘The Con- boundary to the State of Alaska; to the Com- H.R. 5388. gress shall have the Power . . . to pay the mittee on Natural Resources. Congress has the power to enact this legis- Debts and provide for the common Defence By Mr. BUTTERFIELD (for himself, lation pursuant to the following: and general Welfare of the United States Mr. YARMUTH, Mr. CARSON of Indiana, Article I, Section 8, Clause 18—To make all . . . .’’ Together, these specific constitu- Mr. SCOTT of Virginia, Ms. FUDGE, Laws which shall be necessary and proper for tional provisions establish the congressional Mr. HASTINGS, Ms. LOFGREN, Mr. carrying into Execution the foregoing Pow- power of the purse, granting Congress the BISHOP of Georgia, Ms. MOORE, Mr. ers, and all other Powers vested by this Con- authority to appropriate funds, to determine THOMPSON of Mississippi, Mr. CLY- stitution in the Government of the United their purpose, amount, and period of avail- BURN, Mr. CLEAVER, Ms. KELLY of Illi- States, or in any Department or Officer ability, and to set forth terms and conditions nois, Mrs. LAWRENCE, Mr. DANNY K. thereof. governing their use.

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By Mr. BURGESS: H.R. 241: Mr. BRAT. H.R. 2804: Mr. TONKO and Ms. SLAUGHTER. H.R. 5395. H.R. 266: Mr. GOHMERT and Mr. ROKITA. H.R. 2874: Mr. GALLEGO. Congress has the power to enact this legis- H.R. 335: Ms. LORETTA SANCHEZ of Cali- H.R. 2903: Mr. RICHMOND, Mr. KELLY of lation pursuant to the following: fornia. Pennsylvania, Mr. SESSIONS, Mr. PITTENGER, Article 1, Section 8, Clause 3, of the United H.R. 391: Mr. HASTINGS, Mr. LEWIS, Mr. Mr. RIBBLE, Mr. THOMPSON of Mississippi, States Constitution, which grants Congress THOMPSON of California, Ms. JACKSON LEE, Mr. JOHNSON of Georgia, Mr. CARTER of Geor- the power to regulate commerce with foreign Mr. MCDERMOTT, Ms. WILSON of Florida, and gia, and Ms. DELBENE. nations, and among the several states, and Ms. LEE. H.R. 2920: Mr. HIMES. with the Indian tribes. H.R. 402: Mr. GENE GREEN of Texas. H.R. 2980: Mr. TONKO. Article 1, Section 8, Clause 18, of the H.R. 448: Mr. THOMPSON of California. H.R. 2992: Mr. BARLETTA. United States Constitution, which grants H.R. 546: Mr. BARR. H.R. 3011: Mrs. BLACK. Congress the power to make all laws which H.R. 605: Mr. PERRY and Mr. PITTENGER. H.R. 3119: Mr. CICILLINE. shall be necessary and proper for carrying H.R. 662: Mr. BABIN. H.R. 3222: Mr. SMITH of Missouri. into execution the foregoing powers, and all H.R. 663: Mrs. BUSTOS. H.R. 3226: Ms. MOORE and Mr. LOEBSACK. other powers vested by the Constitution in H.R. 664: Mr. SCHWEIKERT H.R. 3229: Ms. HERRERA BEUTLER and Mr. the Government of the United States or in H.R. 711: Mr. NADLER. BRADY of Pennsylvania. any Department or Officer thereof. H.R. 802: Miss RICE of New York and Mr. H.R. 3299: Mrs. MCMORRIS RODGERS. By Mr. MCDERMOTT: YOUNG of Iowa. H.R. 3308: Mr. HECK of Washington. H.R. 5396. H.R. 835: Ms. JUDY CHU of California. H.R. 3323: Mr. HARDY. Congress has the power to enact this legis- H.R. 842: Mr. GRAVES of Missouri. H.R. 3346: Mr. CURBELO of Florida. lation pursuant to the following: H.R. 845: Mr. TOM PRICE of Georgia. H.R. 3355: Mr. LARSON of Connecticut. Article 1, Section 8, Clause 1 H.R. 855: Mr. LARSEN of Washington. H.R. 3381: Mr. YOUNG of Indiana, Mr. HURD By Mr. REICHERT: H.R. 864: Ms. DUCKWORTH and Mr. NADLER. of Texas, Mr. BOUSTANY, and Ms. HERRERA H.R. 5397. H.R. 885: Mr. TED LIEU of California. BEUTLER. Congress has the power to enact this legis- H.R. 923: Mr. LOUDERMILK, Mr. STEWART, H.R. 3397: Mr. MARCHANT. lation pursuant to the following: Mr. HUIZENGA of Michigan, Mr. ABRAHAM, H.R. 3406: Mr. BISHOP of Georgia. The Congress enacts this bill pursuant to Mr. KELLY of Mississippi, Mr. POSEY, and Mr. H.R. 3463: Mr. LAHOOD. Clause 18 of Section 8 of Article I of the LUCAS. H.R. 3471: Mr. COFFMAN, Mrs. HARTZLER, United States Constitution. H.R. 954: Mr. RENACCI. and Mr. DUFFY. By Mr. RICE of South Carolina: H.R. 973: Mr. NADLER. H.R. 3514: Mr. DOGGETT and Mr. ISRAEL. H.R. 5398. H.R. 997: Mr. CRAMER and Mr. NEUGEBAUER. H.R. 3516: Mr. MULLIN and Mrs. HARTZLER. Congress has the power to enact this legis- H.R. 1089: Mrs. NAPOLITANO. H.R. 3520: Mr. GARRETT and Mr. RIGELL. lation pursuant to the following: H.R. 1095: Ms. MOORE. H.R. 3533: Ms. STEFANIK. Article 1, Section 8, Clause 4 of the United H.R. 1151: Ms. HERRERA BEUTLER. H.R. 3687: Mr. POLIS. States Constitution H.R. 1170: Miss RICE of New York. H.R. 3706: Mr. WEBER of Texas, Mr. By Mr. ROE of Tennessee: H.R. 1188: Mr. HASTINGS. TAKANO, and Mr. BRADY of Pennsylvania. H.R. 5399. H.R. 1192: Mr. ASHFORD, Mr. GARRETT, and H.R. 3742: Mr. NUGENT and Mr. SHUSTER. Congress has the power to enact this legis- Mrs. COMSTOCK. H.R. 3765: Mr. MCCLINTOCK. ´ lation pursuant to the following: H.R. 1197: Mr. GUTIERREZ and Mr. GARRETT. H.R. 3799: Mr. BOUSTANY and Mr. FLEMING. Article 1, Section 8 of the Unites States H.R. 1283: Mrs. WATSON COLEMAN. H.R. 3815: Ms. DELAURO, Mr. GARRETT, and Constitution. H.R. 1312: Mr. SMITH of New Jersey. Ms. STEFANIK. H.R. 3822: Mr. CUELLAR. By Mr. TOM PRICE of Georgia: H.R. 1427: Mrs. CAROLYN B. MALONEY of H.R. 3843: Mr. YOUNG of Alaska. H.R. 5400. New York and Mr. LUCAS. H.R. 3846: Mr. TONKO. Congress has the power to enact this legis- H.R. 1453: Mr. BUCSHON. H.R. 3852: Mr. ENGEL. lation pursuant to the following: H.R. 1459: Mrs. DAVIS of California. H.R. 1460: Ms. CLARKE of New York, Mr. H.R. 3880: Mr. CHABOT. Clause 1, Section 8 of Article 1 of the CONYERS, and Miss RICE of New York. H.R. 3886: Mr. HECK of Washington. United States Constitution which reads: ‘‘All H.R. 1559: Mr. MOONEY of West Virginia and H.R. 3892: Mr. DOLD and Mr. CURBELO of Bills for raising Revenue shall originate in Mr. LAMBORN. Florida. the House of Representatives; but the Senate H.R. 1714: Mrs. WATSON COLEMAN and Mr. H.R. 3929: Mr. SMITH of Missouri, Ms. MAX- may propose or concur with Amendments as BRAT. INE WATERS of California, Mr. ROSS, Mr. on other Bills.’’ H.R. 1728: Ms. SLAUGHTER. MARCHANT, Mr. CROWLEY, Mr. PIERLUISI, Ms. Clause 1, Section 8 of Article 1 of the H.R. 1763: Mr. BEN RAY LUJA´ N of New Mex- SEWELL of Alabama, Mr. RUPPERSBERGER, United States Constitution which reads: ico, Mr. LOEBSACK, and Mr. BRADY of Penn- Mr. CA´ RDENAS, Mr. MURPHY of Florida, Mr. ‘‘The Congress shall have Power to lay and sylvania. LOBIONDO, Mr. LANGEVIN, and Ms. SPEIER. collect Taxes, Duties, Imposts, and Excises, H.R. 1859: Mrs. MIMI WALTERS of California H.R. 3965: Mr. DAVID SCOTT of Georgia. to pay the Debts, and provide for the com- and Mr. RUSH. H.R. 4073: Mr. POE of Texas. mon Defense and General Welfare of the H.R. 1904: Mr. MCDERMOTT and Mr. RUSH. H.R. 4116: Mr. AMODEI. United States; but all Duties and Imposts H.R. 1905: Mr. MCDERMOTT and Mr. RUSH. H.R. 4144: Ms. KUSTER. and Excises shall be uniform throughout the H.R. 1925: Mr. GARAMENDI. H.R. 4184: Ms. DELAURO, Ms. MATSUI, and United States.’’ H.R. 1935: Mr. SMITH of Missouri. Ms. KUSTER. By Ms. VELA´ ZQUEZ: H.R. 1943: Mr. SMITH of Washington. H.R. 4212: Mr. DEFAZIO. H.R. 5401. H.R. 2058: Mr. DUNCAN of South Carolina H.R. 4247: Mrs. WALORSKI and Mr. LONG. Congress has the power to enact this legis- and Mr. LANCE. H.R. 4352: Mr. THOMPSON of California, Mr. lation pursuant to the following: H.R. 2087: Mr. HINOJOSA and Mr. BRADY of CARTER of Georgia, and Mr. POCAN. Article I, Section 8, Clause 1 Pennsylvania. H.R. 4365: Ms. HERRERA BEUTLER and Mr. ‘‘The Congress shall have Power to . . . H.R. 2096: Ms. GRANGER. RENACCI. provide for the . . . general Welfare of the H.R. 2170: Ms. GABBARD. H.R. 4381: Mr. SESSIONS, Mr. BISHOP of United States; . . .’’ H.R. 2189: Ms. MCCOLLUM. Utah, Mr. CURBELO of Florida, Mr. LOBIONDO, By Mr. YOUNG of Alaska: H.R. 2215: Mr. COOK. Mr. MCCAUL, Mr. ASHFORD, Mr. MICA, Mr. H.R. 5402. H.R. 2257: Ms. ESHOO and Mr. COLE. BYRNE, and Mr. CARTER of Georgia. Congress has the power to enact this legis- H.R. 2285: Mr. MCGOVERN. H.R. 4456: Mr. ROE of Tennessee and Mr. lation pursuant to the following: H.R. 2313: Mr. KIND. POLLS. Article I, Section 8, Clause 18 H.R. 2315: Mr. RUPPERSBERGER, Mr. KIND, H.R. 4462: Mr. DESAULNIER. ‘‘To make all Laws which shall be nec- Mr. PAYNE, Mrs. WATSON COLEMAN, and Mr. H.R. 4490: Mr. THOMPSON of California. essary and proper for carrying into Execu- ISSA. H.R. 4514: Mr. MARINO, Mr. FORBES, Mr. tion the foregoing Powers, and all other H.R. 2404: Mr. ASHFORD and Ms. HERRERA PERRY, Mr. BARR, Mr. TOM PRICE of Georgia, Powers vested by this Constitution in the BEUTLER. Mr. WALDEN, Mr. NUNES, Mr. HIGGINS, Mrs. Government of the United States, or in any H.R. 2411: Mrs. DAVIS of California and Mr. CAROLYN B. MALONEY of New York, and Mr. Department or Officer thereof.’’ FOSTER. LONG. f H.R. 2515: Mr. VAN HOLLEN. H.R. 4538: Mr. PEARCE. H.R. 2715: Mr. LOEBSACK. H.R. 4556: Mr. AL GREEN of Texas. ADDITIONAL SPONSORS H.R. 2732: Mr. CUMMINGS. H.R. 4559: Mr. CUELLAR. Under clause 7 of rule XII, sponsors H.R. 2799: Mr. MCHENRY, Ms. LEE, Mr. H.R. 4592: Mr. CARSON of Indiana, Mr. EMMER of Minnesota, Mr. COSTELLO of Penn- GALLEGO, Ms. GRAHAM, Mr. GENE GREEN of were added to public bills and resolu- sylvania, Mr. COFFMAN, Mr. CROWLEY, Mr. Texas, Ms. EDDIE BERNICE JOHNSON of Texas, tions, as follows: VAN HOLLEN, Mrs. NAPOLITANO, and Ms. Mr. LEWIS, Ms. MICHELLE LUJAN GRISHAM of H.R. 140: Mr. GOODLATTE. BROWN of Florida. New Mexico, Mr. PETERS, Mr. PRICE of North

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Carolina, Ms. LORETTA SANCHEZ of Cali- H.R. 5149: Ms. JENKINS of Kansas. H. Con. Res. 128: Mr. MACARTHUR. fornia, Mr. SERRANO, Ms. SINEMA, Mr. SMITH H.R. 5170: Mr. MACARTHUR and Mrs. H. Con. Res. 129: Mrs. CAROLYN B. MALONEY of Washington, Mr. TAKANO, Ms. VELA´ ZQUEZ, BROOKS of Indiana. of New York and Ms. DUCKWORTH. H.R. 5180: Mr. ADERHOLT, Mr. LAMBORN, Mr. Mr. DAVID SCOTT of Georgia, Miss RICE of H. Res. 210: Mr. BRIDENSTINE, Mr. CRAWFORD, Mr. MULVANEY, Mr. FRANKS of New York, Mr. ROSS, Mr. MESSER, Mr. HULTGREN, Mr. LARSON of Connecticut, and Arizona, Mr. CARTER of Georgia, and Mr. HANNA, Mr. TAKAI, and Mrs. RADEWAGEN. Mr. BARR. H.R. 4612: Mr. MULLIN. WESTERMAN. H. Res. 220: Ms. SLAUGHTER, Mr. HONDA, H.R. 4614: Mr. CICILLINE. H.R. 5183: Mr. BRADY of Pennsylvania, Mr. Mr. JOHNSON of Georgia, and Mr. ROSS. H.R. 4626: Mr. RYAN of Ohio, Mr. CICILLINE, PETERS, Mr. CARTWRIGHT, and Mr. COSTELLO Mr. CARTER of Georgia, Mr. ABRAHAM, Ms. of Pennsylvania. H. Res. 289: Ms. NORTON and Mr. GALLEGO. GRANGER, Mr. HARPER, and Ms. LEE. H.R. 5187: Mr. SESSIONS. H. Res. 393: Ms. WASSERMAN SCHULTZ. H.R. 4640: Mr. AL GREEN of Texas, Mr. H.R. 5204: Mr. LAMALFA, Mr. RENACCI, and H. Res. 501: Ms. BONAMICI. Mr. PASCRELL. CA´ RDENAS, Mr. FRANKS of Arizona, Mr. H. Res. 591: Mr. KATKO, Mr. LOEBSACK, Ms. H.R. 5208: Mr. WOODALL. TAKANO, and Mr. CRAMER. FOXX, and Mr. AMODEI. AULSEN OOK OG H.R. 4681: Ms. ESHOO and Ms. JUDY CHU of H.R. 5210: Mr. P , Mr. C , Mr. R - ERS of Alabama, Mr. GUINTA, Mr. MARCHANT, H. Res. 647: Mr. RODNEY DAVIS of Illinois California. and Mrs. MCMORRIS RODGERS. H.R. 4683: Mr. BLUMENAUER. Mr. WESTERMAN, Mr. YOUNG of Iowa, Mr. H. Res. 650: Ms. LORETTA SANCHEZ of Cali- H.R. 4684: Mr. SWALWELL of California. HECK of Nevada, Mr. PITTENGER, Mr. PETERS, fornia and Mr. TIPTON. H.R. 4695: Ms. CLARKE of New York, Mr. Mr. LANGEVIN, Mr. HUELSKAMP, Mr. SCHRADER, Ms. NORTON, and Ms. WASSERMAN CHAFFETZ, Mr. STEWART, Mr. MOONEY of West H. Res. 660: Mr. SCHWEIKERT and Ms. SCHULTZ. Virginia, Mr. CARTWRIGHT, Mr. DUFFY, and FRANKEL of Florida. H.R. 4701: Mr. GRIJALVA. Mr. JENKINS of West Virginia. H. Res. 686: Mr. CONYERS, Mr. HIMES, and H.R. 4708: Ms. MICHELLE LUJAN GRISHAM of H.R. 5224: Mr. DESANTIS, Mrs. BLACK, and Mr. PERLMUTTER. New Mexico, and Mr. COFFMAN. Mr. NEUGEBAUER. H. Res. 729: Ms. MICHELLE LUJAN GRISHAM H.R. 4715: Mr. MASSIE. H.R. 5235: Mrs. NAPOLITANO, Mr. of New Mexico, Mr. COHEN, Ms. KELLY of Illi- H.R. 4764: Mr. O’ROURKE, Mr. POLIS, Mr. LOWENTHAL, Mr. SWALWELL of California, and nois, Mr. ROE of Tennessee, Mr. FINCHER, Mr. LOEBSACK, Mr. GRAVES of Missouri, and Mr. Ms. BROWNLEY of California. POLIQUIN, Mr. HANNA, Mr. MULLIN, Mr. CAL- H.R. 5258: Mr. COSTELLO of Pennsylvania. FITZPATRICK. VERT, Mrs. WATSON COLEMAN, Mr. CHAFFETZ, H.R. 5275: Mr. GROTHMAN, Mr. BISHOP of H.R. 4768: Mr. EMMER of Minnesota, Mr. Mr. FORBES, Mrs. HARTZLER, Mrs. CAROLYN Utah, Mr. PITTENGER, Mr. ADERHOLT, and Mr. PEARCE, Mr. LAHOOD, Mr. HUIZENGA of Michi- B. MALONEY of New York, Mrs. MCMORRIS CARTER of Georgia. gan, Mr. HUELSKAMP, and Mr. PITTENGER. RODGERS, Mr. O’ROURKE, Mr. THOMPSON of H.R. 5291: Mr. COHEN and Mr. LIPINSKI. H.R. 4770: Mr. MCDERMOTT. Pennsylvania, Mr. TONKO, Mr. LOBIONDO, Mr. H.R. 5292: Mr. ENGEL, Mr. ROKITA, Mr. H.R. 4796: Mr. CONNOLLY and Mr. ASHFORD. PERRY, Mr. RIGELL, Mr. MURPHY of Florida, SIMPSON, Mr. BLUMENAUER, Mr. LOWENTHAL, H.R. 4798: Mr. FATTAH. Mr. MARINO, Mr. STIVERS, Ms. GRAHAM, Mr. Mr. DONOVAN, Ms. HERRERA BEUTLER, Mr. H.R. 4816: Mr. COOPER and Mrs. BLACK. COOPER, Mr. LAMBORN, Mr. ROONEY of Flor- HIGGINS, Mr. PERLMUTTER, Mr. COLE, and Mr. H.R. 4819: Ms. JENKINS of Kansas. ida, Mr. CRAMER, Mr. PASCRELL, Mr. ZELDIN, H.R. 4828: Mr. WILSON of South Carolina, ISRAEL. AM OHNSON Mr. WALDEN, Mr. HARPER, Mr. KING of Iowa, Mr. DESANTIS, Mr. POE of Texas, and Mr. H.R. 5294: Mr. S J of Texas and ARTZLER Mr. QUIGLEY, Mr. RUPPERSBERGER, and Mr. YOUNG of Iowa. Mrs. H . H.R. 5296: Mr. RENACCI. BRENDAN F. BOYLE of Pennsylvania. H.R. 4830: Mr. POE of Texas. H.R. 5299: Mr. SMITH of Texas. H. Res. 740: Mr. STIVERS, Mr. RYAN of Ohio, H.R. 4892: Mr. BRADY of Pennsylvania. H.R. 5307: Mr. SANFORD and Mr. KING of and Mr. JORDAN. H.R. 4907: Mr. KIND and Mr. BRADY of Penn- Iowa. sylvania. H. Res. 750: Mr. LAMBORN, Ms. MENG, Mrs. H.R. 5310: Mr. FOSTER, Mr. QUIGLEY, Ms. H.R. 4928: Mr. MASSIE and Mr. MESSER. WAGNER, and Mr. KILMER. TITUS, Mr. YARMUTH, Mr. KILDEE, Ms. CLARK H.R. 4938: Mr. COSTA, Mr. HANNA, Mr. H. Res. 752: Ms. DELBENE, Mr. LANCE, Mr. of Massachusetts, and Ms. KUSTER. GRAVES of Georgia, Mr. NEWHOUSE, Ms. VISCLOSKY, and Ms. TITUS. H.R. 5333: Mr. PITTENGER. BROWNLEY of California, Mr. BUCSHON, Ms. H. Res. 759: Mr. MCGOVERN, Mr. KILMER, H.R. 5338: Mr. RATCLIFFE and Mr. PAYNE. LOFGREN, Mr. RODNEY DAVIS of Illinois, and H.R. 5340: Mrs. WATSON COLEMAN. and Mr. RICHMOND. Mr. LUCAS. H.R. 5344: Mr. KELLY of Pennsylvania. H.R. 4955: Mr. CROWLEY and Mr. RIBBLE. H.R. 5351: Mr. COFFMAN and Mr. FORBES. f H.R. 4966: Mr. SCHIFF. H.R. 5356: Mr. CASTRO of Texas. H.R. 4979: Mr. MCKINLEY. H.R. 5369: Ms. BROWN of Florida and Mr. H.R. 4989: Mr. LEWIS and Mr. CONNOLLY. CICILLINE. CONGRESSIONAL EARMARKS, LIM- H.R. 4994: Mr. CURBELO of Florida, Mr. AL H.R. 5373: Mrs. KIRKPATRICK, Ms. SLAUGH- ITED TAX BENEFITS, OR LIM- GREEN of Texas, and Mr. SWALWELL of Cali- TER, Mrs. CAPPS, Mr. ISRAEL, Mr. LARSEN of ITED TARIFF BENEFITS fornia. Washington, Mr. COHEN, Mr. BECERRA, and H.R. 5008: Ms. DELAURO. Mr. HOYER. Under clause 9 of rule XXI, lists or H.R. 5010: Mr. TAKANO. H.J. Res. 9: Mr. WEBSTER of Florida. statements on congressional earmarks, H.R. 5044: Mr. CASTRO of Texas and Mr. H.J. Res. 87: Mr. GOHMERT. limited tax benefits, or limited tariff KENNEDY. H. Con. Res. 17: Mr. CUMMINGS and Ms. benefits were submitted as follows: H.R. 5053: Mr. TIPTON. HERRERA BEUTLER. H.R. 5073: Mr. SCHIFF. H. Con. Res. 19: Mr. DUNCAN of Tennessee The Manager’s amendment to be offered to H.R. 5090: Mr. KILMER, Mr. DOLD, and Ms. and Mr. FORBES. H.R. 4775, Ozone Standards Implementation DELBENE. H. Con. Res. 56: Mr. ABRAHAM, Mrs. COM- Act of 2016, Representative Whitfield, or a H.R. 5113: Mr. LEVIN. STOCK, and Mr. BRIDENSTINE. designee, does not contain any congressional H.R. 5114: Ms. MATSUI and Mr. POLIS. H. Con. Res. 112: Mr. SESSIONS, Mrs. BLACK, earmarks, limited tax benefits, or limited H.R. 5119: Mr. ROSS, Mr. KINZINGER of Illi- Mr. BRIDENSTINE, Mr. GRAVES of Louisiana, tariff benefits as defined in clause 9 of rule nois, and Mr. COFFMAN. and Mr. SCALISE. XXI.

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Vol. 162 WASHINGTON, TUESDAY, JUNE 7, 2016 No. 89 Senate The Senate met at 10 a.m. and was not only wrong, it is racist and un- In spite of everything coming out of called to order by the President pro American. It is also a fundamental at- Donald Trump’s mouth, Senator tempore (Mr. HATCH). tack on the American judiciary sys- GRASSLEY remains loyal to Donald f tem. Trump. According to an Iowa news- When issues like these arise, the Na- paper, the Ames Tribune, Senator PRAYER tion has historically looked to the Sen- GRASSLEY told his constituents on Fri- The Chaplain, Dr. Barry C. Black, of- ate for leadership. In particular, day: ‘‘He isn’t concerned by any of the fered the following prayer: throughout our history, the Senate Ju- controversial or inflammatory rhetoric Let us pray. diciary Committee has been a bastion coming from the Trump campaign.’’ Eternal God, who knows what is best of independence and bipartisanship. I am a little disappointed, but—with for us, we submit today to Your loving When Federal judges are under assault, what has happened the last couple of providence. Continue to be our refuge we should expect the chairman of the months—not surprised. I believe no and strength, a very present help in the Judiciary Committee to rise above pol- Member of the Senate has done more itics and condemn racism—but not this time of trouble. May we never forget for Donald Trump than the chairman Judiciary chairman who is now the that nothing in all creation can sepa- of the Senate Judiciary Committee. chairman of the committee in the rate us from Your love. In January, when many Republicans United States Senate, not the senior Bless our lawmakers. Fill their were still trying to distance them- United States Senator from Iowa. selves from Donald Trump, Senator hearts with such love for You that no Instead of a bold feat of bipartisan- difficulty or hardship will prevent GRASSLEY introduced Trump at an ship, we are left with yet another ex- Iowa campaign event. Since then, de- them from obeying Your precepts. Help ample of how he has become the most them to remember that those who walk spite dozens of editorials against Sen- partisan Judiciary chairman in the his- ator GRASSLEY and pressure from his in integrity travel securely. tory of America. Instead of rising Lord, strengthen their resolve to constituents, Senator GRASSLEY has above partisanship and condemning done everything in his power to hold serve You as they should and in doing Trump’s racist attacks on a highly so may they become more aware of open a Supreme Court seat for Donald qualified judge—by the way, who was Trump to fill. I am surprised Senator Your continuous presence. born in Indiana—Senator GRASSLEY We pray in Your great Name. Amen. GRASSLEY has yet to acknowledge kisses Trump’s ring and toes the party these racist attacks on Judge Curiel f line. Instead of condemning Trump, because these attacks are beyond the GRASSLEY defended him. PLEDGE OF ALLEGIANCE pale. Instead, Senator GRASSLEY chose His rationale is mind-boggling. Lis- to further establish himself as a Trump The President pro tempore led the ten to this: Senator GRASSLEY says cheerleader, just like the Republican Pledge of Allegiance, as follows: that Trump must respect the Judiciary leader has done. I pledge allegiance to the Flag of the because over the course of hundreds of Last week Senator GRASSLEY told his United States of America, and to the Repub- lawsuits and years of litigation, Trump constituents: lic for which it stands, one nation under God, has actually won some cases. I can’t He’s building confidence with me. indivisible, with liberty and justice for all. make up something like this. Talking about Trump. f For example, a quote from a news- paper article: I’ve already said I’m going to vote for him. . . . I’d campaign with him. RECOGNITION OF THE MINORITY Grassley also suggested Trump’s propen- LEADER sity for filing lawsuits showed some level of But this is not the beginning of Sen- respect for the judicial branch. ator GRASSLEY’s campaign for Donald The PRESIDING OFFICER (Mr. COT- ‘‘He must respect the Judiciary,’’ Grassley Trump. Senator GRASSLEY’s entire TON). The Democratic leader is recog- said. ‘‘I’ve seen statistics that he’s won over chairmanship the past 6 months has nized. 400 cases, only lost 30.’’ been one big campaign push for Trump. f How about that. I find it curious that His committee has become an exten- the chairman doesn’t have time to read sion of the Trump campaign. The Re- DONALD TRUMP AND THE Merrick Garland’s questionnaire or publican Judiciary Committee has JUDICIARY COMMITTEE CHAIRMAN give him a hearing, but he has time to done everything to focus on boosting Mr. REID. Mr. President, the Repub- study Donald Trump’s success rate in Trump but has neglected to do its job lican nominee of our great country the courtroom. This says a lot, and one in the process. continues to attack a Federal judge be- of the things it says is what Senator Under Chairman GRASSLEY, the com- cause of his Mexican heritage. This is GRASSLEY’s priorities are. mittee is reporting out almost no bills,

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

S3473

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VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.000 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3474 CONGRESSIONAL RECORD — SENATE June 7, 2016 fewer judicial nominations than any senior Senator from Iowa said he trusts KillDisk was installed, which wiped the time in recent history, and because of Donald Trump’s judgment. He said, and disks and rendered the computers use- this inaction by the chairman of the I repeat: ‘‘He’s building confidence less. Judiciary Committee, the Senate has with me.’’ As a final insult, the power in the confirmed fewer judges than in dec- After everything we have heard from power control system itself went off ades. We heard the report yesterday of Donald Trump—all of his vile, un- and the operators were literally left in how the Federal system of courts in hinged rants—does Senator GRASSLEY the dark. This was the first major our country is in disrepair. Why? Be- honestly have confidence that Donald cyber attack of a public utility any- cause the Judiciary Committee is proc- Trump should pick the next Supreme where in the world. It was sophisti- essing none of the appointments Presi- Court Justice? I don’t trust Trump to cated, it was well planned, and it was dent Obama has made. make that decision, the people of Iowa devastating. Within a few minutes, What has the Judiciary Committee don’t, and America doesn’t. Senator 230,000 people in the country of Ukraine done instead? It has spent its time car- GRASSLEY must stop using his com- were without power. rying out a political hit job on Sec- mittee to do Trump’s bidding. He must That attack could have occurred in retary Clinton. Senator GRASSLEY has stop using the once-proud Judiciary Kansas City, in San Jose, in New York, wasted countless dollars and staff time Committee as an extension of the or here in Washington. Ever since I developing partisan opposition re- Trump political campaign. have served in this body as a member search that he hoped could be used to Instead of continuous delay, delay, of the Armed Services and Intelligence help Trump’s candidacy against Sec- delay, Chairman GRASSLEY should give Committees, I have heard repeated retary Clinton. It hasn’t helped, but it Merrick Garland a hearing and a vote, warnings from every public official in- has shortened the pocketbook of the but do it now. Waiting for Donald volved with intelligence and national American people. Senator GRASSLEY Trump to choose the ninth member of security that an attack on our critical has been so desperate to drag Secretary the Supreme Court is not the answer. infrastructure is not possible, it is like- Clinton’s name through the mud that I yield the floor. ly. he even encouraged the FBI to leak an How many shots across our bow, how f independent review of Secretary Clin- many warning shots do we have to en- ton’s use of email. RESERVATION OF LEADER TIME dure? Sony, the OPM, insurance com- panies, and now the nightmare sce- At every turn, the senior Senator The PRESIDING OFFICER. Under nario of an electric grid attack. from Iowa has used his committee for the previous order, the leadership time We can learn something from what partisan purposes that benefit only one is reserved. person: Donald Trump. There is no bet- happened in the Ukraine, and there is a ter example than the current vacancy f piece of good news and a lesson for us. on the Supreme Court. Rather than NATIONAL DEFENSE AUTHORIZA- The attack, which left 230,000 people doing his constitutional duty and proc- TION ACT FOR FISCAL YEAR 2017 without power, only persisted for about essing Merrick Garland’s nomination, 6 hours. The interesting part of the sce- The PRESIDING OFFICER. Under Chairman GRASSLEY took his marching nario of this development was that one orders from Trump, and Trump said: the previous order, the Senate will re- of the reasons they were able to get the Delay, delay, delay. And that is exactly sume consideration of S. 2943, which power back on so fast was because the what the Senator from Iowa has done— the clerk will report. Ukrainian grid was not up to modern— delay, delay, delay. The senior assistant legislative clerk I hesitate to say ‘‘standards’’—prac- Chairman GRASSLEY is hoping to run read as follows: tices in terms of its interconnectedness out the clock. He is hoping President A bill (S. 2943) to authorize appropriations and its digitization. There were old- Trump gets to nominate the next Su- for fiscal year 2017 for military activities of fashioned analog switches, and the preme Court Justice. That is why last the Department of Defense, for military con- most old-fashioned analog switch of struction, and for defense activities of the all, a human being, who could actually month Senator GRASSLEY said of Department of Energy, to prescribe military Trump: ‘‘I think I would expect the personnel strengths for such fiscal year, and throw breakers and get the system right type of people to be nominated by for other purposes. back online. However, in this country we are not [Trump] to the Supreme Court.’’ Pending: After Donald Trump’s latest attack so lucky, and I use that in a very sort McCain amendment No. 4229, to address on the Judiciary, does Senator GRASS- of backward way because we have the unfunded priorities of the Armed Forces. LEY really believe that Trump is the most advanced grid structure in the right man to pick nominees to the Su- The PRESIDING OFFICER. The Sen- world. We are more digital, we are preme Court or any court? Donald ator from Maine. more automated, we are more inter- Trump said that a Federal judge should CYBER SECURITY AND OUR ELECTRIC GRID connected, but that makes us more be disqualified from presiding over a Mr. KING. Mr. President, at 3:30 in vulnerable. That makes us more vul- case because of his Mexican heritage, the afternoon on December 23 of last nerable. We are asymmetrically vul- even though he was born in Indiana. He year, about a half hour before sunset, nerable because we are asymmetrically said the same would apply if the judge the lights started to go out in western interconnected. We keep getting these were Muslim. Does Senator GRASSLEY Ukraine. The power started to go out. warning shots. A lot is being done by believe Trump’s comments were racist? The operator in one of the Ukrainian our utilities and by our government This is a place for the senior Senator powerplants noticed, to his horror, agencies to work on protecting this from Iowa to start his quest for fair- that he no longer controlled the cursor country from a devastating cyber at- ness. on his computer screen. The cursor tack. But I know of no one who would The Republican junior Senator from moved of its own accord and started assert that enough is being done and Nebraska agrees it was racist. This is opening dialogue boxes and opening that we are ahead of this threat. what he tweeted yesterday: ‘‘Public breakers. I introduced a bill yesterday, along Service Announcement: Saying some- The operator tried frantically to get with three cosponsors: Senator RISCH one can’t do a specific job because of back into the computer, only to find he from Idaho, Senator COLLINS from his or her race is the literal definition was locked out and the password had Maine, and Senator HEINRICH from New of ‘racism.’ ’’ The junior Senator from been changed. At the same time, the Mexico—all of whom, along with my- South Carolina, also a Republican, call center of this utility in Ukraine self, are members of the Intelligence called Trump’s remarks ‘‘racially was blocked by thousands of fake calls, Committee, where we hear about these toxic,’’ but what does the senior Sen- so the utility itself could not know threats practically weekly. The bill is ator from Iowa say? Zero, nothing. what was happening in the country- pretty straightforward. It tasks our Does the chairman of the Judiciary side. The backup generators around great National Labs with working with Committee agree with Donald Trump? western Ukraine also went down. the utilities over a 2-year period to de- Does Senator GRASSLEY also believe Malware was installed on the operating termine, not new software patches and judges should face a religious test? The computers and a system called new complexity, but if we can protect

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.002 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3475 our grid by returning to, at least at cludes an independent verification of missions could have grave consequences for critical points in the grid, the old-fash- their service and then an intensive these individuals and bolster the propaganda ioned analog switches or good-old Fred, interagency security review. of our enemies. . . . Continuing our promise People may ask: Who are these Af- of the American dream is more than in our who has to go and throw a breaker with national interest, it is a testament to our de- his dog. It may be that going back to ghans? Let me give a few examples of cency and the long-standing tradition of the future, if you will—going back to the extraordinary service they have honoring our allies. the past and simplifying some of these provided. Last year, General Nicholson’s prede- The first person I will talk about— critical connection points may be the cessor, General Campbell, wrote a simi- and I can’t use his name for privacy best protection we can have. The idea lar letter affirming his strongest sup- and security reasons—worked as an in- is for the Labs to put their best people port for the SIV Program and urging terpreter for U.S. Special Operations on this and for the utilities to do the Congress to ‘‘ensure that the continu- Command, SOCOM, from 2005 to 2016— same on a voluntary basis. ation of the SIV program remains a 11 years. He originally applied for a I might add that there is nothing prominent part of any future legisla- special immigrant visa in 2012 and con- mandatory about this bill. We are try- tion on our efforts in Afghanistan,’’ ing to work on finding some solutions tinued to work for SOCOM during the adding that the program ‘‘is crucial to that are implementable in the short interim. One of the applicant’s direct our ability to protect those who have run to protect us from this grave supervisors, the commander of 1st Bat- helped us so much.’’ threat. Once we get a report back, talion, Third Special Forces Group, Their view is shared by senior dip- hopefully we will be able to implement stated that the applicant’s brother was lomats as well. Ambassador Ryan this legislation across the country. murdered by extremists—probably Crocker, who served in Afghanistan I am tired of hearing warnings. It is Taliban—due to the applicant’s work from 2011 to 2012, recently wrote that really time for us to act, and this is a for the U.S. Government, and the appli- ‘‘taking care of those who took care of straightforward bill that I hope can cant himself has been wounded several us is not just an act of basic decency, move through this body at the speed of times while serving. it is also in our national interest. a cyber attack so that we can then A second individual worked as the American credibility matters. Aban- have the defense we have to have. head interpreter for a provincial recon- doning these allies would tarnish our An attack on our critical infrastruc- struction team, or PRT team, for reputation and endanger those we are ture—particularly the electric infra- years. Because of his service, his chil- today asking to serve alongside U.S. structure across this country—would, dren can’t go to school and the lives of forces and diplomats. in fact, be devastating and would un- his family members are in danger. The I see that my colleague Senator doubtedly involve a loss of lives. I do applicant’s PRT commander was one of MCCAIN is on the floor. I know my col- not want to be here on a darkening multiple direct Defense Department league remembers, as I do, watching all winter afternoon and see the lights supervisors to submit letters of rec- of those Vietnamese holding on to going off across America—the power to ommendations on his behalf testifying those helicopters that were leaving hospitals, the power to our transpor- to his loyal and valued service. when America pulled out of Vietnam tation system, the power that makes A third interpreter served the De- because they knew what their fate was our lives what they are today. This is fense Department from 2008 to 2015. He going to be once America left that not an abstract threat. We know from left work in December following an country. That is not something we can the Ukraine that the capability exists IED attack which robbed him of one allow to happen in future conflicts. to do exactly that and take down the eye and his vision in the other. He ap- When we make a promise to those peo- grid. We must act expeditiously and di- plied for his special immigrant visa ple who helped us on the ground, we rectly to counteract that threat. If we after being wounded and is in the be- need to abide by that promise. We need do not do so, we are failing our respon- ginning stages of the extensive inter- to make sure those people who helped sibility to the people of America, our agency vetting process. our service men and women are able to constituents, and the United States. Clearly, the service of these individ- get to this country and are not killed I urge rapid consideration of this bill, uals has been critical to our successes by the Taliban and other enemies of and I look forward to its consideration in Afghanistan, and in at least a hand- the United States and Afghanistan. at the Energy Committee. Three of the ful of other cases, SIV recipients’ com- Yet, despite these compelling cases four sponsors are also members of the mitment to the U.S. mission was so and despite the persuasive arguments Energy Committee as well as the Intel- strong that they found ways to con- of our senior military and civilian ligence Committee, and I am hoping we tribute even after they arrived in the leaders, the Senate NDAA does not cur- can move this rapidly so we can begin United States. One promptly enlisted rently reauthorize and extend the SIV the process of countering what is not in the Armed Forces and later worked Program or allow for additional visas an abstract threat but a direct, clear, as a cultural adviser to the U.S. mili- because of the objections of some few and present danger to the future of this tary. Another graduated from Indiana in this body. This is particularly prob- country. University and Georgetown and has lematic because we are going to issue I thank the Presiding Officer, and I worked as an instructor at the Defense all of those unallocated SIVs by the yield the floor. Language Institute. A third, who end of this year even while there are The PRESIDING OFFICER. The Sen- worked as a senior adviser at the U.S. thousands of Afghans at some stage in ator from New Hampshire. Embassy, now serves on the board of a the application process and new appli- Mrs. SHAHEEN. Mr. President, I am nonprofit, working to promote a safe cants still beginning. In effect, this here this morning to urge my col- and stable Afghanistan. means that without congressional ac- leagues to support an amendment that These contributions in Afghanistan tion, the SIV Program will sunset I have offered to the National Defense and beyond help explain why senior around December and thousands of Af- Authorization Act to extend the Af- U.S. military officers and diplomats ghans who have stood alongside our ghan Special Immigrant Visa Program, are so supportive of the Afghan SIV military and other government per- also known as the SIV Program. Program. sonnel are at severe risk. I hope this The SIV Program gives Afghans who Here is what the current commander body will decide that this is unaccept- supported the U.S. mission in Afghani- of U.S. forces in Afghanistan, General able and that we have to make sure we stan and now face grave threats be- Nicholson, wrote recently about the support those people who have sup- cause of their willingness to help our need to reauthorize the SIV Program: ported our men and women on the service men and women on the ground These men and women who have risked ground and who have, in fact, died to in Afghanistan the ability to come to their lives and have sacrificed much for the support our men and women on the the United States. To be eligible, new betterment of Afghanistan deserve our con- tinued commitment. Failure to adequately ground. applicants must demonstrate at least 2 demonstrate a shared understanding of their I am happy to join Senator MCCAIN years of faithful and valuable service. sacrifices and honor our commitment to any and Senator JACK REED, the chair and To receive a visa, they must also clear Afghan who supports the International Secu- ranking member of the Armed Services a rigorous screening process that in- rity Assistance Force and Resolute Support Committee, in trying to pass this

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.004 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3476 CONGRESSIONAL RECORD — SENATE June 7, 2016 amendment and make sure we support The hard core terrorists who do remain eral prison in America today costs us those people who supported us. are among the worst of the worst—the about $30,000 a year. The most serious I thank the Presiding Officer, and I worst of the worst. and dangerous criminal prisoners held yield the floor. Here is how President Obama’s own in the Federal prison system are put in The PRESIDING OFFICER. The Sen- Secretary of Defense put it: supermax facilities for $86,000 a year. ator from Arizona. [T]here are people in Gitmo who are so That is the cost. Not a single prisoner Mr. MCCAIN. Mr. President, I will be dangerous that we cannot transfer them to has ever escaped from a supermax fa- brief. the custody of another government no mat- cility in the United States—ever. It I thank the Senator from New Hamp- ter how much we trust that government. I costs $30,000 for routine prisoners and shire for her continued advocacy for can’t assure the President that it would be $86,000 for the most dangerous. safe to do that. these individuals who literally placed What does it cost us to incarcerate their lives on the line to assist us in There is Khalid Shaikh Mohammed, one detainee each year at Guanta- combating the forces we have been the mastermind behind 9/11. He has de- namo? It costs $5 million apiece—$5 struggling against for now these many clared himself the enemy of the United million for each detainee. The budget years. These individuals deserve our States. There is the 9/11 coordinator to keep Guantanamo open is about $500 thanks, but more importantly, they de- who was planning even more strikes million a year, and we have fewer than serve the ability to come to the United when he was captured. There is Bin 100 detainees there, and there is a re- States of America. According to our Laden’s former bodyguard, the ter- quest for another $200 million in con- military leaders, their lives are in dan- rorist who helped with the bombing of struction at Guantanamo. So when the USS and trained to be a sui- ger. They are the first target of the Cole Senators come to the floor and say we cide hijacker for what was to be the enemy because the enemy wants re- have got to keep Guantanamo open for Southeast Asia portion of the 9/11 at- venge against those who helped Ameri- fewer than 100 detainees, one obviously tacks. These terrorists are among the cans, and there is no doubt in the has to ask the question: Is there an- worst of the worst. They belong at a se- minds of our military leaders that other place they can be held just as cure detention facility, not in facilities these individuals literally saved the safely, just as securely, at considerably here in our own communities, not in lives of the men and women who are less cost? The answer is obvious. The unstable countries where they are lia- fighting in Afghanistan and Iraq on our answer is clear. The supermax Federal ble to rejoin the fight and to take even behalf. prisons can hold anyone convicted of more innocent life. I believe we should actually have a terrorism, serial murder, or heinous Have no doubt, there are detainees crimes, and can hold them securely voice vote, and if necessary, have a who would almost certainly rejoin ter- vote if there is any controversy associ- without any fear of escape. rorist organizations if given that op- The argument was made by the Sen- ated with this legislation. portunity. Here is what the Office of If America is going to seek the as- ator from Kentucky: Well, if we are the Director of National Intelligence going to put terrorists in prisons sistance of individuals who are willing found in a report just this year: ‘‘Based to help us and then abandon them, then across America instead of Guanta- on trends identified during the past 11 namo, that is a danger to the commu- we have a very serious moral problem. years, we assess that some detainees I thank the Senator from New Hamp- nity. Really? currently at [Gitmo] will seek to re- I represent the State of Illinois. We shire for her continued advocacy. I engage in terrorist or insurgent activi- hope we can get this issue resolved as have the Marion Federal Prison in ties after they are transferred.’’ southern Illinois. We have a lot of good soon as possible. So, look, the next Commander in I yield the floor. men and women who work there. What Chief, whether Democrat or Repub- are we doing? For $30,000 a year, we are RECOGNITION OF THE MAJORITY LEADER lican, will assume office confronting a holding convicted terrorists in the The PRESIDING OFFICER. The ma- complex and varied array of threats. Marion Federal prison. I have been a jority leader is recognized. That is why we must use the remaining Senator for Illinois for 20 years. How Mr. MCCONNELL. Mr. President, the months of the Obama administration many times have I received complaints National Defense Authorization Act be- as a year of transition to better pos- that terrorists were being incarcerated fore us is important for our troops, ture the incoming administration and at the Marion Federal penitentiary? wounded warriors and veterans, and our country. What we should not be None—not one, not one time. national security. doing is making it even more chal- So for the symbol of maintaining One way it will help keep Americans lenging for the next President to meet Guantanamo, we are going to continue safe is by renewing clear prohibitions these threats. to spend $5 million a year per detainee. on President Obama’s ability to move Releasing hard core terrorists was a This bill before us, the Defense author- dangerous Guantanamo terrorists into bad idea when Obama was campaigning ization bill, will continue that. our country or release them to unsta- in 2008, and it is even a worse idea If we are looking to save some money ble regions like Libya, Yemen, and So- today. We live in a complex world of that taxpayers are giving to our gov- malia. complex threats. The NDAA before us ernment and perhaps should be spent in Our country faces the most ‘‘diverse will renew clear prohibitions against better ways, let’s start with Guanta- and complex array of crises’’ since administration attempts to transfer namo. The President is right that if World War II, as Henry Kissinger ob- these terrorists to the United States on they are a danger to America and the served last year, but President Obama its way out the door. We don’t need to world, they could be safely held in nonetheless seems focused on pursuing close a secure detention center. We other prisons across the United States a stale campaign pledge from 2008. The need to ensure the American people are at a fraction of the cost of what we are President should spend his remaining protected. Passing the legislation be- spending at Guantanamo. Those who months in office working to defeat fore us represents an important step in call themselves fiscal conservatives ISIS. He should work with us to pre- that direction. It will help position our cannot ignore that obvious argument. pare the next administration for the military to confront the challenges of Let me say a word. I support Senator threats that he is going to leave be- tomorrow. It will help support the men SHAHEEN’s provision when it comes to hind. He should not waste another and women serving in harm’s way the Afghans who helped us. It is a good minute on his myopic Guantanamo today. provision. These men and women crusade. I want to thank Chairman MCCAIN of risked their lives for us and for the Just about every detainee that could the Armed Services Committee for his men and women in uniform. We need to feasibly be released from the secure de- extraordinary work on this very impor- allow them to come safely to the tention facility has already been re- tant bill, and I thank Senator REED, United States and be in a position leased. Some have already returned to the ranking member, as well. where they can have peace of mind the fight, just as we feared. Some have The PRESIDING OFFICER. The as- that they are not going to be killed be- even taken more innocent American sistant Democratic leader. cause they are friends of America. I life, according to the Obama adminis- Mr. DURBIN. Mr. President, do the think her provision is a good one. I am tration. But the bottom line is this. math. A Federal prisoner held in a Fed- anxious to support it.

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.005 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3477 Let me just say on the state of play sequestration in Congress. We asked not met anyone lately from the 14 per- on amendments that I have an amend- the Department of Defense: If the pro- cent that approve of Congress. ment that I consider to be very impor- visions of this bill that are being asked One of the major reasons is, of tant. I offered it over a week ago, so for are put in place, what impact will it course, that they believe we have wast- Members have had more than enough have on medical research programs in ed their defense dollars by the billions time to take a look at it. I will de- the Department of Defense? They said and have wasted their taxpayer dollars scribe it in very simple terms, instead it would effectively eliminate them. by the billions. There is no greater ex- of going into a long explanation, al- This proposal in this bill will swamp ample of that than what has happened though I certainly have one ready. medical research programs in the De- with the so-called medical research. Basically, within this bill—and S. partment of Defense with more redtape Every single one of these dollars 2943, the National Defense Authoriza- than they have ever seen. An example probably goes to a worthy cause. Un- tion Act, is a big bill—there is about of this is that this Department of De- fortunately, about 90 to 95 percent of $524 billion in spending for our Depart- fense authorization bill calls for an an- that money has nothing to do with de- ment of Defense. I want America to al- nual audit of every entity applying for fense. ways be safe, always have the best, and medical research grants from the De- Why would the Senator from Illinois I want us to invest in the men and partment of Defense. The audit re- and so many, overwhelmingly, take the women of our military because we be- quirements are the same as for the money that is earmarked for the men lieve in them, their families, and our largest defense contractors in the and women who are serving when the veterans. United States. We have never held effects of sequestration are causing our There is a provision in this bill, other entities other than the largest leadership in the military to say that though, that troubles me greatly. It is defense contractors to these standards. we are on the ragged edge of our capa- an effort to eliminate a program It will require an additional 2,400 au- bility to defend the Nation and when known as the Congressionally Directed dits a year by the Department of De- the Commandant of the Marine Corps Medical Research Programs. How big is fense. and the Chief of Staff of the Army have this medical research program? It is Well, does the agency that does the said that we are putting the lives of $1.3 billion. It is less than two-tenths of auditing have the extra personnel? Do Americans at greater risk because we 1 percent of the total expenditure for they have work that needs to be done? don’t have sufficient funding. Instead, the Department of Defense. It turns out that they have $43 billion we are taking $2 billion out of defense Is it important? I think it is very im- in existing contracts that have not money and putting it into programs portant. For 25 years, the Department been audited, and this bill will pile on that have nothing to do with defense. of Defense medical research has come 2,400 more audits. It will slow down any Why is that? through with breakthrough financing effort to promote medical research, One would ask why would Congress to eliminate concerns, and it gives and it will dramatically increase the take money from defense and put those hope to members of the military, their overhead costs for that medical re- monies into programs that have noth- families, and to everybody living search. ing to do with defense? It is called the across America. Willie Sutton syndrome. That is when I remember when it started. I was a Surely, there must be some scandal the famous bank robber was asked why Member of the House of Representa- in this program that led to the conclu- he robbed banks. He said, ‘‘That is tives. It was 1992. One group came for- sion that we need all this redtape. But where the money is.’’ That is exactly ward—the Breast Cancer Coalition. the answer is no. The close scrutiny what we are seeing here. They said: We need a reliable place to and investigation of the Institute of We saw the Willie Sutton syndrome turn for a steady investment in breast Medicine and other entities have found begin in 1992. In 1992, there was $25 mil- cancer research. That is what started that this program over the years has lion that was designated for medical the program. been a good program. It has had some It is true that breast cancer is not mistakes, but only a handful when you research. That was $25 million in 1992. limited to the military. But it is also look at the thousands of medical re- Today, we now are going to have al- true that there is a higher incidence of search grants that have been given. most—last year, the funding increased breast cancer among women in our I am going to ask for an opportunity by 4,000 percent, from $25 million in military than in the general population to offer this amendment to strike the 1992 to $1 billion last year. So if you for reasons we still don’t understand. provisions which basically kill the De- ever have seen a graphic example of So is this an important issue to the partment of Defense medical research the Willie Sutton syndrome, it has to military and the rest of America? Of program that is directed by Congress. be this. Is there anyone who is opposed course, it is. Over the last 25 years, we We don’t earmark what entities are to breast cancer research? Is there any- have invested more than $3 billion in going to get the grants. It is a competi- one who is opposed to medical research breast cancer research through this tive, peer-reviewed process. I want to for so many important challenges to program. Has it been worth it? I can make sure this amendment gets a vote, the health of our Nation? Of course tell you it has. Through their research, and, after that vote, I will be more not. Of course not. they developed a drug called Herceptin. than happy to move forward on all the But what the Senator from Illinois The Department of Defense medical re- amendments on this bill. It is an im- and the appropriators have done, year search developed this drug Herceptin to portant bill, and I hope we can pass it after year after year, is exactly this: fight breast cancer. at the end of the day. OK. Here we go. There is $200 million. One of my colleagues here in the Sen- The PRESIDING OFFICER. The Sen- Here we are—reconstructive trans- ate told me this morning that the life ator from Arizona. plants, genetic studies of food aller- of his wife was saved by this drug, Mr. MCCAIN. Mr. President, let me gies, cooperative epilepsy, chiropractic Herceptin. I was downstairs for a press assure the Senator from Illinois that clinical trials, muscular dystrophy, conference just a few minutes ago. An- we were trying to get the language of a peer-reviewed vision, peer-reviewed other woman came up to me and said companion amendment to his amend- Alzheimer’s, bone marrow failure, mul- that her life was saved. She was diag- ment approved by that side of the aisle tiple sclerosis, and on and on. nosed with breast cancer, and so that we can move forward with the All of these are worthy causes. They Herceptin saved her life. That was a amendment of the Senator from Illi- have nothing to do with the defense of part of the investment in the Depart- nois. Hopefully, we can get that lan- this Nation. That is the problem with ment of Defense medical research pro- guage as soon as possible so that we this. I will probably lose this vote. The gram that paid off. I can go on—and I can take up the formal debate on his Senator from Illinois will probably suc- will later—about other investments amendment. ceed because there are so many special that have paid off, not just for the In the meantime, in response to the interests that are involved. But don’t members of the military and their fam- comments of the Senator from Illinois, say this is for the defense of this Na- ilies but for all of America. I have seen the latest polling data, and tion. What it is all about is finding What is proposed in this bill is the the approval of Congress is at about 14 money from the largest single appro- largest cut in medical research since percent—something like that. I have priations bill to put into causes that,

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.010 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3478 CONGRESSIONAL RECORD — SENATE June 7, 2016 by all objective observers, should be comes out of the right account and not add that money into the Health and taken out of the Health and Human from the backs of the men and women Human Services account, I will support Services account. who are serving in the U.S. military. It the amendment. I will support it. I will Unfortunately, there is not enough has to stop. It has to stop. So this year, speak in favor of it. He has proposed money in the Health and Human Serv- the NDAA prohibits the Secretary of the wrong amendment to support med- ices account. So guess what. Take it Defense and the service Secretaries ical research. Instead of proposing to out of defense. Meanwhile, we don’t from funding or conducting a medical take away $900 million from our mili- have enough troops trained, and we research and development project un- tary servicemembers, he should be pro- don’t have enough to pay for their de- less they certify that the project would posing a way to begin the long-overdue ployments. In case you missed it, there protect, enhance, or restore the health process of shifting the hundreds of mil- are stories about the squadron down in and safety of members of the Armed lions of dollars of nonmilitary medical South Carolina—marines—where they Forces. It requires the medical re- research spending out of the Depart- are robbing parts from planes, where search projects be open to competition ment of Defense and into the appro- an Air Force squadron comes back with and comply with DOD cost accounting priate civilian departments and agen- most of their aircraft not capable of standards. cies of our government. flying, with only two of our brigade It does not seem to me that that is Let me be clear again. This debate is combat teams able to be in the first an outrageous demand. I know my col- not about the value of this medical re- category of readiness—only two—be- leagues are going to come and say: Oh, search or whether Congress should sup- cause they don’t have enough money we need this money because of ‘‘fill in port it. Any person who has reached for training and operations and main- the blank,’’ and this is vital to the my age likely has some firsthand expe- tenance. health of America. I am all for that. rience with the miracles of modern But we are going to take billions out, But don’t take it out of the ability of medicine and the gratitude for all who and we are going to give it to autism, the young men and women to serve support it. I am sure every Senator un- lung cancer, ovarian cancer. All of this Nation in uniform. That is what derstands the value of medical research those are worthy causes. Now we have the amendment of the Senator from Il- to Americans suffering from these dis- lobbyists from all over the Nation com- linois does. eases, to the families and friends who ing up: Oh, they are going to take away If this amendment passes, nearly $900 care for them, and all those who know money from ‘‘fill in the blank.’’ They million in the defense budget will be the pain and grief of losing a loved one. are all angry. I am not trying to take used for medical research that is unre- But this research does not belong in the money from them. I am saying that lated to defense and was not requested the Department of Defense. It belongs the money should not come out of de- by the administration. One would in civilian departments and agencies of fense. I am saying that to defend this think that if this is so vital, the ad- our government. So I say to my col- Nation, every single dollar is impor- ministration would request it. They leagues, the NDAA focuses the Depart- tant to the men and women who are de- have not. They have not. ment’s research efforts on medical re- fending this Nation and fighting and If this amendment passes—and it search that will lead to lifesaving ad- dying as we speak. will, I am confident—$900 million will vancements in battlefield medicine and So I congratulate the Senator from be taken away from military service- new therapies for recovery and reha- Illinois as every year, just about, the members and their families. If this bilitation of servicemembers wounded money for medical research has gone amendment passes, $900 million will on the battlefield, both physically and up from an initial $25 million in 1992 to not be used to provide a full 2.1-percent mentally. $1 billion this year, a 4,000-percent in- pay raise for our troops. It will not be This amendment would harm our na- crease. Let me repeat. Spending on used to halt dangerous reductions in tional security by reducing the funding medical research at DOD—nearly 75 the size of our Army and Marine Corps. available for military-relevant medical percent—has nothing to do with the It will not be used to buy equipment so research that helps protect service men military, and it has grown 4,000 percent that our airmen don’t have to steal and women on the battlefield and for since 1992. parts from airplanes in the boneyard in military capabilities they desperately Now we can talk to all the lobbyists Arizona to keep the oldest, smallest, need to perform their missions. It who come in for these various and very and least ready Air Force in our his- would continue to put decisionmaking important medical research projects tory in the air. about medical research in the hands of and say: We took care of you. I say to As I said, many of the supporters of lobbyists and politicians instead of the Senator from Illinois: Take care of this amendment have opposed lifting medical experts where it belongs. them from where it should come, which arbitrary spending caps on defense un- So what is happening right now as we is not out of defending this Nation. In less more money is made available for speak? Phones are ringing off the hook: 2006, the late Senator from the State of nondefense needs. So, the Senator from We need this money for ‘‘fill in the Alaska, Ted Stevens, under whose lead- Illinois—if I get this straight—wants to blank.’’ We have to have this money. It ership the original funding for breast add nearly $1 billion in spending for is the end of Western civilization un- cancer was added, said that the money medical research but is also opposed to less we get it. I support every single would be ‘‘going to medical research increasing spending to a level of last one of these programs. There is not a instead of the needs of the military.’’ year for defense spending. That is in- single one that I would not support During the floor debate on the annual teresting. funding for. But when you take it away Defense appropriations bill, Senator With these caps still in place, which from the men and women who are serv- Stevens had this to say: we are going to try to fix later on in ing in the military for nonmilitary We could not have any more money going this bill, the Senator wants to take purposes, I say it is wrong. out of the Defense bill to take care of med- nearly $1 billion of limited defense I will be glad to have the vote as soon ical research when medical research is basi- funding to spend on nondefense needs. as the other side clears our amendment cally a function of the NIH. It is not our So I say to my colleague, the Senator process. But, again, I ask my col- business. I confess. I am the one— from Illinois: It is not that he is wrong leagues: Don’t distort this debate by I am quoting Senator Stevens now. to support medical research. No one is saying we are trying to take away this I confess, I am the one who made the first attacking that. I can guarantee you, medical research. What we are trying mistake years ago. I am the one who sug- gested we include some money for breast the first thing the Senator from Illi- to say with the bill is that we are try- cancer research. It was languishing at the nois is going to say: Well, we are going ing to do everything we can to take time. Since that time, it has grown to $750 to take this money away from medical every defense dollar and make sure million. In the last bill we had dealing with research. I am not. I am saying that it that we help the men and women who medical research, that had nothing to do shouldn’t come from the backs of the are serving in conflicts that are taking with the Department of Defense. men and women who are serving this place throughout the world. I want to emphasize again that I will Nation. We are not against the reason it was support funding for every single one of I would ask him not to say that be- adopted by the Armed Services Com- these projects. I will support it when it cause it is not the case. If he wants to mittee—against this funding. We are

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.007 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3479 against where it is coming from. So Well, let’s take a look. Since the year The list goes on and on. I could spend let’s do something a little courageous 2000, over 300,000 Active-Duty service- the next hour or more going through for a change around here. Let’s say: No, members have experienced a traumatic every single one of them. The provision we will not take this money out of de- brain injury. Currently, the prevalence of the Senator from Arizona in his own fense, but we will take it out of other of post-traumatic epilepsy among those bill is designed to eliminate the med- accounts which are under the responsi- members who have suffered a brain in- ical research programs at the Depart- bility of the Senate and the Congress of jury is unknown. There are few risk ment of Defense. That is not my con- the United States. That is all I am ask- factors that are known to guide deci- clusion; that is the conclusion of the ing for. That is all. sionmaking in diagnosing the treat- Department of Defense. He has put in Obviously it probably will not hap- ment of the disease. According to the so much redtape and so many obstacles pen. Every advocate for every one of American Epilepsy Society, over 50 and added so much overhead and so those programs has now been fired up percent of TBI victims—these are mili- much delay that he will accomplish his because they have been told that we tary members who have been exposed goal of killing off medical research at are going to take away their money. to traumatic brain injury with pene- the Department of Defense directed by We are not going to take away their trating head injury from the Korean Congress. That would be a terrible out- money; we want their money coming and Vietnam wars—have developed come—a terrible outcome for people from the right place. I would even sup- post-traumatic epilepsy. For the Sen- who are counting on this research. port increases in some of this spending, ator from Arizona to point to this as No apologies. I am for increasing the but it is coming from the wrong place. one of the wasteful areas of medical re- money at the National Institutes of As I said at the beginning of my re- search is to ignore the obvious: that Health. I have said that already. And I marks, it is the Willy Sutton syn- 300,000 of our men and women in uni- am for increasing money at the Depart- drome, from $25 million in 1992 all the form have suffered from traumatic ment of Defense. It has been money way up to here—all the way here—now brain injury. And we know from past well spent and well invested for the $1 billion, a 4,000-percent increase. So I experience that many of them end up men and women of our military. am sure that Senator after Senator with post-traumatic epilepsy. To I might add and let me first acknowl- will come to the floor: Oh, no. We can’t argue, then, that this medical research edge that my colleague from Arizona take away this money from ‘‘fill in the into epilepsy and seizures has no appli- has a distinguished record serving the blank.’’ This is terrible for us to do cation or value to members of the mili- United States in our U.S. Navy. We all this. It is not terrible for us to do this. tary is basically to ignore the obvious. know his heroic story and what he The right thing to do is not to de- What we have tried to do in estab- went through. So I am not questioning prive the men and women who are serv- lishing this program is, first, we can- his commitment to the military in any ing in the military of $1 billion that is not earmark that any grant be given to way whatsoever. But I will tell you badly needed for readiness and for oper- any institution. All we can do is sug- that veterans organizations and others ations to keep them safe. That is what gest to the Department of Defense stand by my position on this issue. this debate is all about. I expect to lose areas that we think have relevance to When we had the press conference ear- it. our military. They then have to make lier, it wasn’t just the Breast Cancer I congratulate the lobbyists ahead of the decision. Each and every grant has Coalition; the Disabled American Vet- time. I congratulate the Senator from to pass a threshold requirement that it erans was also there asking us to de- Illinois ahead of time. But don’t be sur- have relevance to the military and feat this provision in the bill that prised when the American people some- their health. would put an end to the Department of day rise up against this process where Well, it turns out there are many Defense medical research programs. we appropriate $1 billion for something things that are concerning. Would you For the good of these families, all of under the name of national defense guess that prostate cancer is a major the members of these families in the that has nothing to do with national concern in the military as opposed to military, as well as our veterans, let’s defense. the rest of our population? You should not walk away from this fundamental I yield the floor. because the incidence of prostate can- research. The PRESIDING OFFICER. The as- cer among those who serve in the mili- The PRESIDING OFFICER (Mr. sistant Democratic leader. tary is higher than it is in the general FLAKE). The Senator from Arizona. Mr. DURBIN. Mr. President, this population. Why is that? Is it an expo- Mr. MCCAIN. Mr. President, I think Senator will never apologize for med- sure to something while they served? Is the Senator from Illinois and I have ical research—never. I certainly under- there something we can do to spare pretty well ventilated this issue, and stand the National Institutes of Health military families from this cancer by once we get an agreement on votes, we have the primary responsibility for doing basic research? I am not going to could schedule a vote on it. I think we medical research. I am pleased to re- apologize for that, nor am I going to are very well aware of each other’s po- port that at this moment in the sub- apologize for the breast cancer com- sitions. I have been talking about this committee, we are marking up an in- mitment that has been made by this issue for quite a period of time, as I crease of more than 5 percent in the Department of Defense medical re- watch our defense spending go down funding for that important agency. search program. and our ‘‘medical research’’ go up. I thank Senator BLUNT from the The Senator from Arizona is correct. The argument of the Senator from Il- other side of the aisle and Senator Groups are coming to us and saying: linois is that men and women in the MURRAY from our side of the aisle for This Department of Defense medical military are subject to all of these var- finding the resources for that. But to research is absolutely essential. ious health challenges, ranging from argue that because we are putting I just had a press conference with the arthritis to vascular malfunctions, et money into the National Institutes of Breast Cancer Coalition. There has cetera, because they are Americans, be- Health we can take money away from been $3 billion invested in breast can- cause they are human beings? Yes, we the Department of Defense ignores the cer research through the Department agree that members of the military are obvious. We take money away from the of Defense over the last 24 years. As I subject to all of these needs and ear- Department of Defense medical re- said earlier, it led to the development marks for various illnesses that affect search program at the expense of men of a new drug that saved the lives of Americans. and women in the military, their fami- breast cancer victims—Herceptin. The And by the way, traumatic brain in- lies, and veterans. drug has saved lives. To argue that this jury causes a whole lot of things. So to Look at the example the Senator money was not well spent, should have say that epilepsy is the result of trau- from Arizona used. He stood and he been in another category, didn’t apply matic brain injury, there are all kinds pointed to his chart and he said: Well, here and there—let’s look beyond that. of things that are the result of trau- there is even spending here for epilepsy Let’s consider the lives saved, not just matic brain injury, and I strongly sup- and seizures. Now, why would that be? of men and women across America but port funding—and so have many oth- We have to spend money on our mili- of members of families of those who ers—for research on traumatic brain tary and their issues. have served our country. injury. We know the terrible effects of

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.008 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3480 CONGRESSIONAL RECORD — SENATE June 7, 2016 that on our veterans. But there are, at bill is going to have any negative im- it is good for us, and our doctors were least on this list, 50 different diseases pact on Department of Defense medical saying this is what we should do. So and medical challenges, and connecting research, let me quote the Department basically we have an epidemic on our that all to defense takes a leap of the of Defense and what they said about hands from products we all believed imagination and is, obviously, ridicu- the language from Chairman MCCAIN: were going to help us. We had 16 per- lous. It is ridiculous. Here we have pan- These changes would drastically delay cent more people die in 2014 than in creatic cancer, Parkinson’s, and all of the awards, risking the timely obliga- 2013. We have lost 200,000 Americans these. Veterans are subject to those, tion of funds, significantly increase the since 1999—200,000. If that is not an epi- yes, but it should not be in the Defense effort and cost for both the recipients demic, I don’t know what is. I really bill and it should not be taken out of and the Federal Government. With the don’t know. defense money, particularly in this pe- additional audit services needed, docu- Unfortunately, a major barrier to riod of need. mentation that recipients would be re- those suffering opioid addiction—these So if the Disabled American Veterans quired to provide, changes to recipi- are legal prescription drugs—is insuffi- and every veteran organization is told ents’ accounting systems, the scientific cient access to substance abuse treat- they will not have funding for these programs would be severely impacted. ment centers. Between 2009 and 2013, programs, of course they are going to Massive confusion would follow. Most only 22 percent of those who were suf- object to this provision in the bill. But likely, recipients would not want to do fering from addiction could find treat- if they are told the truth—and the business with the Department of De- ment—only 22 percent. truth is that they should get this fense. These issues would lead to the For so long, we kind of put our heads money but it shouldn’t be taken out of failure of the Congressionally Directed in the sand and basically thought that defense—most of these veterans would Medical Research Program. this was a crime, that it wasn’t basi- like to see it not taken out of defense; If the Senator wanted to come and cally an illness—an illness that we now they would like to see it taken out of just say ‘‘Put an end to it,’’ that would have come to understand needs treat- where it belongs. be bold, that would be breathtaking, ment. We are way behind the scale on So, as I say, I am sure there is press but it would be direct and it would be this. In my State of West Virginia, 42,000 conference after press conference ral- honest. What he has done is cover it in West Virginians, including 4,000 lying all of these people because they redtape. I am in favor of research, not youth—these are kids younger than 16 are being told they won’t get the fund- redtape. There is no need to kill off years of age—sought treatment for ing, and I can understand that, but these critical medical research pro- legal abuse but failed to find it. Think that is not what this Senator wants grams for our military and our vet- about this: If you are a parent or a and what America should have, which erans. grandparent and your kids are begging is the funding taken out of the ac- I yield the floor. for help, the only way they can find counts of which there is the responsi- Mr. MANCHIN addressed the Chair. any help today is to get them arrested, bility of the various committees and Mr. MCCAIN. Mr. President, I think I get a felony on them, and then the subcommittees in Congress and in the have precedence. judge will send them to drug court. Committee on Appropriations. That is The PRESIDING OFFICER. The Sen- That is it. That is the alternative. what this is all about. ator from Arizona. That is not a solution we as Americans So all I can say is that, as I pre- Mr. MCCAIN. Mr. President, I just should be settling for. dicted, the Senator from Illinois raises want to say again that there are var- ious accounts in the appropriations The largest long-term facility in the issue of all of these things that will West Virginia with more than 100 beds lose money. It is not that they will lose process that are directly related to the issues that have now been inserted in is Recovery Point. It is run by all money. They will get the money if you former addicts. These were people the Department of Defense authoriza- do the right thing in the Committee on whose lives were basically destroyed. tion bill. That is what this is all about, Appropriations, which is taking it out They got together and said: We can and that is all it is all about. of the right accounts. To stretch the help people. We can save them. There is imagination to say that all of these are We can talk about all of the compel- ling needs and the terrible stories of mentoring. They bring them in, and it because of the men and women in the is a yearlong program. It has the great- people who have been afflicted by these military is, at best, disingenuous. est success rate of anything else we various injuries and challenges to their Mr. DURBIN. Mr. President, I ask for have in our State. 2 minutes. health, but the fact is, it is coming In 2014 about 15,000 West Virginians The PRESIDING OFFICER. The as- from the wrong place, and that is what got some sort of treatment for drug or sistant minority leader. this is all about. alcohol abuse, but nearly 60,000 people Mr. President, I yield the floor. Mr. DURBIN. Mr. President, the total went untreated because they couldn’t The PRESIDING OFFICER. The Sen- for the Department of Defense medical find it or couldn’t afford it. Based on ator from West Virginia. research programs we are discussing conversations with our State police Mr. MANCHIN. Mr. President, I just amounts to less than 0.2 percent of this and all law enforcement in the State of want to say that after listening to both total budget—less than two-tenths of 1 West Virginia, 8 out of every 10 calls my colleagues, who are passionate percent—and the Senator from Arizona they are summoned to for some kind of about this issue, they are both right. is arguing that we are wasting money criminal activity is due to drugs, some They are both right. If we had a tax that could otherwise be spent in more form of drugs. valuable ways for our military. We are plan—a competitive tax plan—that All of our young students here will be not wasting money; we are investing in took care of our priorities based on our able to identify with this and the peo- medical research programs that serve values, they would both be funded ple who have problems. our military, their families, and our properly. That is what we have to get These people recognize they need veterans, and I will never apologize for to. We have to get past picking and help and they have been turned away. that. choosing and basically take care of the I have introduced a piece of legisla- Yes, these groups are upset because values we have as Americans, so I hope tion with quite a few of my colleagues. they have seen the progress that has we can come together on that. I would hope all of my colleagues in been made with these investments, co- OPIOID EPIDEMIC this body would look at it very seri- ordinating with the NIH and the Insti- Mr. President, I am rising today be- ously. It is called LifeBOAT. LifeBOAT tute of Medicine. They have done the cause we have reached another crisis basically simply says this: We need to right thing. They have found cures, point in our country. In 2014 we had al- have a fee on all opiates. The reason they have relieved the problems and most 19,000 people die due to opioid pre- for this was that in the 1980s, we were challenges facing our military, their scription drug overdose. These are told this was a wonder drug. It will re- families, and the veterans who have legal prescriptions. These are by com- lieve us of pain 24 hours—not addictive served. panies that basically developed prod- at all. Well, we know what happened In terms of whether the amendment ucts legally. We have the FDA that ba- there. That wasn’t effective and it the Senator has already put into the sically said that we should use it, that wasn’t accurate.

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.011 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3481 What we are asking for is one penny, A 4-year-old daughter screaming for BLUMENTHAL, as well as Senators one penny per milligram on all opiate help for a mother who has had an over- GARDNER and ERNST. prescriptions, just one penny. That one dose and addiction. Continuing: The Commander of Cyber Command penny will give continuous funding for She went to a 10-day detox. Which ended recently testified before the Armed treatment centers around the country. up being a waste— Services Committee, stating that an That will bring in about $1.5 billion to We know that 10 days or a month elevation to a combatant command $2 billion a year. I would hope it doesn’t do a thing— ‘‘would allow them to be faster, gener- wouldn’t bring in anything. That would because there was not a place for her to go ating better mission outcomes.’’ mean we wouldn’t have rampant addic- for rehab after that. At a time when ISIS is rapidly re- tions as we have throughout the coun- One time she got out of jail and thought cruiting online and developing tech- try. she could kick this habit on her own. She nology like self-driving cars packed This is the LifeBOAT. We would hope couldn’t, and back to jail she went. full of explosives, the United States people would get on board. I have asked Right now she is in a grant funded long needs to ensure that cyber and tech- my colleagues on the other side of the term facility. nology warfare is at the top of our pri- aisle. This is not a tax. It is basically If you talk to any people in addiction orities. U.S. Cyber Command needs to a treatment plan. We have fees we treatment, it takes a minimum of 1 be able to react quickly and to engage charge for alcohol. We have a fee for year to get them through. the enemy effectively. Our troops need cigarettes—nothing for opiates. This is She has been there almost a month. My to be as effective online as they are in destroying as many, if not more, lives. heart and hopes are high. the air, in the land or at sea. To do all All of this is a commonsense approach I pray for her and those like her on a daily of that, we need to elevate them to a forward. basis. Addiction is such a cruel and pun- combatant command, where they will I say to all of my colleagues, there ishing way of life. It leaves scars inside and be reporting directly to the President out. will not be a Democratic or a Repub- of the United States through the Sec- lican family who will hold it against All I am asking for is this LifeBOAT retary of Defense. you for trying to find a treatment pro- piece of legislation that will give us a I have provided for a plan in this gram for their child or a loved one or lifeboat to help families who are des- year’s Defense appropriations bill to someone in their family. perately in need. I would hope everyone fund this in the future, and I am com- I have come to the floor every week would consider this. It is not a burden mitted to ensuring the elevation of to read letters from people who have on anybody. It is not a burden on peo- Cyber Command is successful. In the been affected and their lives have been ple taking normal prescriptions. It is long run, we need to ensure that they changed. I have one from my State of only 1 penny per milligram on opiates have increased access to training, to West Virginia, and she writes: produced, used, and consumed in the top equipment, and to ensure their In Elementary school (I believe 4th grade) United States. other commands are able to integrate my daughter became a cheerleader for Pop I yield the floor. the forces successfully. Warner Football. The PRESIDING OFFICER. The Sen- Right now as we debate the National Then 6th through 8th she cheered for the ator from Arizona. Defense Authorization Act, we need to Middle School. Her Senior year she cheered Mr. MCCAIN. Mr. President, for the ensure that we give them the authority for High School as well. She also played benefit of my colleagues, we are work- to defeat our adversaries, and that Volleyball for the High School and with an ing on trying to set up a series of a few adult league, and Basketball for a Jerry means elevation to a combatant com- West league. amendments, including the Durbin mand. The threat of a cyber attack is She had excellent grades in school, many amendment and others. Hopefully, we one of the fastest growing threats fac- friends and a great personality. To say she will have that resolved within half an ing our Nation, and we cannot stand by was well rounded is pretty accurate. hour or so, so we can then schedule as the Department of Defense delays to I am not quite sure where things went votes for today. act on this urgent need. wrong. How we have ended up where we are I know my colleagues are aware that I urge my colleagues to support my today. tomorrow the first part of the day is Today, and for several years now, my amendment No. 4260, which will elevate daughter is a drug addict. At one time she for the joint meeting, with an address U.S. Cyber Command to a combatant was prescribed antidepressants, then nerve by the Prime Minister of India, so that command. pills, then she broadened to her own choices. even shortens our time. We want to try The PRESIDING OFFICER. The Sen- She has tried many drugs but her choice is to get as many amendments done as we ator from Arizona. opiates. can today. Mr. MCCAIN. Mr. President, with re- Legal prescription opiates. I yield the floor. gard to the previous discussion, I want She is the mother of our first 2 grandbabies The PRESIDING OFFICER. The Sen- to point out to my colleagues, on this that are now in the custody of family mem- ator from Montana. whole issue of a billion dollars that is bers due to her drug use. Mr. DAINES. Mr. President, I speak being taken out of defense, the appro- The home is unfit for the children to on amendment No. 4260 to the National priate subcommittee on the Appropria- be raised in. Continuing: Defense Authorization Act, which tions Committee and the authorizing She is also a sister, aunt, granddaughter, would elevate U.S. Cyber Command to committee is Labor, Health and Human cousin, niece and friend to many. And the a combatant command. Services, Education, and Related Agen- wife of an addict. She has been in and out of In 1986, Congress passed a law ele- cies. Certainly, as I mentioned before— jail, court and community corrections sev- vating and establishing U.S. Special and taken out of the National Insti- eral times. Operations Command to address the I have lost many nights of sleep waiting tutes of Health account, for which a lot for a knock at our door or a phone call to rapidly growing need for special opera- of money was already being appro- tell me I need to identify my daughter. tors and to unify our forces. Think priated. So there is an appropriate ve- Thankfully, I am a lucky one so far that has about that. Today they are now leading hicle for these expenditures of funds of not had to do that. Others have not been as the effort against ISIS. There is an- nearly $1 billion, and it is not the De- fortunate. other force quietly leading a battle partment of Defense. She has been homeless and sleeping in her against ISIS, and it is on a completely Mr. President, I suggest the absence car for almost a year except for the nights I new battlefield. U.S. Cyber Command of a quorum. could beg for her to come stay with us. is one of our most important elements Her husband has stole from my family and The PRESIDING OFFICER. The is not allowed on any of our properties. She in the fight against terrorism today clerk will call the roll. feels obligated into staying by his side. and tomorrow. The legislative clerk proceeded to I don’t know why. I stand today with eight bipartisan call the roll. cosponsors to my amendment, includ- Mr. CRUZ. Mr. President, I ask unan- She has had several seizure episodes that were drug related. One time she was at a ing the chairman of the Armed Serv- imous consent that the order for the local grocery store with our granddaughter. ices Committee. I thank them for their quorum call be rescinded. She was transported by an ambulance after support. This includes Senators WAR- The PRESIDING OFFICER. Without her 4 year old daughter screamed for help. NER, BENNET, MURKOWSKI, CARDIN, and objection, it is so ordered.

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.013 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3482 CONGRESSIONAL RECORD — SENATE June 7, 2016 TEXAS FLOODING Texans demonstrate that sharing spir- deal with the growing threats from na- Mr. CRUZ. Mr. President, my home it, and we are thankful to Americans tions like Russia and China, to prohib- State of Texas is strong and resilient. across the country who are lifting us iting joint military exercises with Texans aren’t people who tire easily, up in prayer. Cuba, to preventing the transfer of ter- and we certainly don’t give up when As the waters continue to recede and rorists from Guantanamo to nations the going gets tough, but that doesn’t the wreckage is being cleared, my of- that are on the State Department’s mean the State of Texas hasn’t faced fice will continue to work very closely watch list. All of those were done its share of adversity. with the local and State government working closely with colleagues, Re- Over the last few weeks, the resolve officials, along with the entire Texas publicans and often many Democrats. of our great State has been tested with delegation, to help ensure a smooth re- Yet there are still many issues I be- historic flooding that has taken at covery process, including offering—as I lieve should be addressed in this legis- least 16 lives across Texas. Among already have—my full support and as- lation, and I want to highlight three of those 16 are 9 young soldiers at Fort sistance when Governor Abbott re- those issues—three amendments that I Hood, 9 soldiers whose truck was over- quests Federal aid for those afflicted hope this full body will take up. turned while crossing a flooded creek. by this disaster. The first is an amendment to in- Their lives were ended in that flood- While Texas continues to rebound crease spending on Israeli missile de- ing. Their families have been torn from these torrential floods, our Na- fense. This is an amendment on which asunder, not by combat losses far tion is also flooded with circumstances I have been working very, very closely away. When brave young men and that require the very same strength with the senior Senator from South women sign up to defend this country, and resolve that we face in the face of Carolina, Mr. GRAHAM. they expect—they understand the tragedy. This week, the Senate con- The second is an amendment to stop threat that enemies abroad might en- tinues debating the National Defense the Obama administration’s plan to danger them, but they shouldn’t be los- Authorization Act. This legislation re- give away the Internet, to empower our ing their lives here at home in a sudden flects our Nation’s military and na- enemies over the Internet. On this, I and unexpected accident that took the tional security priorities. The decisions have been working closely with Sen- lives of nine soldiers in an instant. we make today will affect not only our ator LEE from Utah and Senator Those nine soldiers should be remem- lives but those of future generations. LANKFORD from Oklahoma. The third amendment I want to ad- bered: SPC Yingming Sun, SSG Miguel We face serious times as a Nation. dress is an amendment to strip the citi- Angel Colonvazquez, SPC Christine Our constitutional rights are under as- zenship from any Americans who take Faith Armstrong, PFC Brandon Austin sault. We have economic stagnation, up arms and join ISIS or other ter- Banner, PFC Zachery Nathaniel Fuller, young people yearning for employment rorist organizations waging jihad Private Isaac Lee Deleon, Private Eddy opportunities only to find none, and against the United States of America. Raelaurin Gates, Private Tysheena Ly- government regulations that crush in- In this, I have worked with a number of nette James, and Cadet Mitchell Alex- novations. Abroad and at home, the Senators, including Chairman GRASS- ander Winey. threat is growing each and every day of LEY of the Judiciary Committee. All of us should remember those sol- radical Islamic terrorists. In order to Each of these amendments addresses diers and every one of the soldiers, sail- best ensure the future of our Nation, different policy components of our Na- ors, airmen, and marines who risk we must make sure America is secure. tion’s security. But they all share the The most important constitutionally their lives for us daily. ultimate objective of ensuring that Just yesterday on a plane flight from mandated responsibility of the Federal America remains the strongest nation Texas, I had the pleasure of again Government, the one authority that it the world has ever known. meeting a young lieutenant whom I must—not merely can—exercise is to The first amendment I have sub- had met in the hospital at Fort Hood in provide for the common defense. There mitted and that I would urge this body 2014. He had been shot in the chest with is no better example of how egregiously to take up would increase funding for a .45 in that tragic shooting that oc- we have strayed from our core function our cooperative missile defense pro- curred. I must say it was so inspira- than the way in which our spending on gram with Israel to ensure that our tional to see this young lieutenant defense has been held hostage year ally—our close friend—can procure the healed, mobile, proudly serving our after year to the ever-increasing appe- necessary vital assets and conduct fur- country, and energized. That is the tite for domestic spending by President ther mutually beneficial research and spirit of our Armed Forces, and we Obama and his political allies. The pro- development efforts. This has been an should never forget their commitment grams they are forcing on the Amer- ongoing partnership between Israel and to freedom. ican people aren’t necessary to protect the United States of America and yet, Heidi and I right now, along with our lives and safety. But funding our unfortunately, the Obama administra- millions of Americans, are lifting up in Nation’s security is necessary, and it is tion, in its request submitted to Con- prayer those Texans who have lost in this spirit that I have approached gress, zeroed out procurement for Da- their lives, who have lost their homes, my work on the National Defense Au- vid’s Sling, Arrow 2, and Arrow 3, vital and the families who are suffering due thorization Act. I look forward to con- elements of Israeli missile defense. to this flooding. We are also lifting up tinuing this debate with colleagues on This is at a time when the threats are the first responders who so bravely risk both sides of the aisle. growing, and the administration de- everything to keep us safe. My goal for the NDAA is simple. We cided that zero was the appropriate In particular, I want to take a mo- need to make sure our military is level. Respectfully, I disagree. This ment of praise for the Red Cross. I had strong, our homeland is secure, and our amendment would fully fund procure- the privilege yesterday of speaking interests abroad are protected. The ment for Israeli missile defense. with the CEO of the Red Cross to thank NDAA shouldn’t be a vehicle to further Now, much of this missile defense is them directly for their efforts on the an agenda that has nothing to do with done in partnership working closely ground, helping people who are suf- actually defending America. with American corporations producing fering, helping people who have lost On the Senate Armed Services Com- jobs here at home. But it is also vital their homes and who are struggling. mittee, I was proud to work with my to our national security, as we see a She and I shared what we have seen colleagues, both Republicans and proliferation of threats across the in tragedy after tragedy after tragedy, Democrats, in introducing and getting world. The technology of intersecting which is that, in the face of disaster adopted 12 amendments—12 amend- incoming threats and intersecting in- and in the face of adversity, Texans ments that were included in this legis- coming missiles before they can take and Americans come together. There is lation that cover the range of policy the lives of innocents is all the more a spirit of solidarity, a spirit of unity issues from strengthening our ability important. Yet we are at a time when that the worse the tragedy, the more to protect ourselves through missile the administration has funneled hun- we come together and help our friend defense, to improving our ability to dreds of millions—and headed to bil- and neighbor, help our sister and stand with allies such as the nation of lions—of dollars to Iran and their des- brother. During these difficult times, Taiwan, to improving our ability to potic regime.

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.014 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3483 The administration knows and they ernments like China, foreign govern- the United States since—and, indeed, acknowledge that substantial portions ments like Russia. Additionally, this well before—9/11, and yet the President of those funds will be used to fund rad- proposal has the potential to expand cannot bring himself to identify the ical Islamic terrorists, will be used to ICANN’s historical core mission by cre- enemy, preferring instead to use mean- fund efforts to murder Israelis and to ating a potential gateway to content ingless bureaucratic terms like violent murder Americans. Yet, nonetheless, it regulation, and it would only further extremists. The President naively be- is U.S. taxpayer dollars and dollars embolden ICANN’s leadership, which lieves that refraining from calling the under the control of our government— has a poor track record of acting in an threat what it is—radical Islamic ter- billions—that are going to the Aya- unaccountable manner and a proven rorism—will somehow assuage the ter- tollah Khamenei, who chants and unwillingness to respond to specific rorists and discourage them from mak- pledges ‘‘Death to America’’ and questions posed by the Senate. ing war against us and our allies. But ‘‘Death to Israel,’’ as a result of the Relinquishing our control over the that hasn’t stopped ISIS from prom- fecklessness of our foreign policy. Internet would be an irreversible deci- ising to strike America over and over Our closest ally in the Middle East sion. We must act affirmatively to pro- and over, nor did it dissuade the rad- remains in a deeply troubling and pre- tect the Internet, as well as the oper- ical Islamic terrorists here in the carious position. Israel must be pre- ation and security of the dot-gov and United States who have committed at- pared to defend against Hamas and dot-mil top-level domains, which are tacks against Americans since this Hezbollah rocket stockpiles that are vital to our national security. President first took office—the ter- For whatever reason, the Obama ad- being rebuilt and improved, while also rorist attack in Fort Hood, which the ministration is pursuing the giveaway being forced to counter an increasingly administration inexplicably tried to of the Internet in a dogged and ideolog- capable adversary in the nation of Iran, characterize as ‘‘workplace violence,’’ ical manner. It is the same naive fool- which is intent on the destruction of the Boston Marathon bombing, the ter- ishness that decades ago led Jimmy Israel. We must not fail in our obliga- rorist attack on military recruiters in Carter to give away the Panama Canal. tion to stand with Israel. It is my hope Little Rock and Chattanooga, and, It is this utopian view that, even that, if and when this body takes up most recently, the horrific attack in though we built it, we should give it to this amendment, we will stand in bi- San Bernardino. others whose interests are not our own. partisan unity, standing with Israel The question for us in Congress is We should not have given away the against the radical Islamic terrorists whether we have given the government Panama Canal, and we should not be who seek to destroy both them and us. every possible tool, consistent with the giving away the Internet. If the Obama In doing so, we will further both Israeli Constitution, to defeat this threat. I do administration succeeds in giving away national security and the safety and not believe we have, which is why I the Internet—which is, No. 1, prohib- security of the United States of Amer- have introduced the Expatriate Ter- ited by the Constitution of the United ica. rorist Act. States, which specifies that property of In addition to working to provide for Over the years, numerous Americans, the United States Government cannot our common defense and protect our like Jose Padilla, Anwar al-Awlaki and be transferred without the authority of sovereignty, I have also introduced an Faisal Shahzad, just to name a few, Congress—this administration is ignor- amendment that would safeguard our have abandoned their country and ing that constitutional limitation and country in a very different way. I have their fellow citizens to go abroad and is ignoring the law. But if the Obama submitted an amendment that would join radical Islamic terrorist groups. administration gives away the Inter- prohibit the Obama administration Intelligence officials estimate that net, it will impact freedom, it will im- from giving away the Internet. This more than 250 Americans have tried or pact speech for you, for your children, issue doesn’t just simply threaten our succeeded in traveling to Syria and and your children’s children. personal liberties. It also has signifi- I would note that one of the things Iraq to join ISIS or other terrorist cant national security ramifications. this body is good at is inertia—doing groups in the region. This amendment The Obama administration is months nothing. Right now, that is what this updates the expatriation statute so away from deciding whether the U.S. body is doing to stop it. My amend- that Americans who travel abroad to Government will continue to provide ment would say that control of the fight with radical Islamic terrorists oversight over the core functions of the Internet cannot be transferred to any- can relinquish their citizenship. This Internet and continue to protect it one else without the affirmative ap- will allow us to preempt any attempt from authoritarian regimes who view proval of the United States Congress. If to reenter the country and launch at- the Internet as a way to increase their it is a good idea to give away the Inter- tacks on Americans or to otherwise influence and suppress the freedom of net that we built, that we preserve, hide behind the privileges of citizen- speech. that we keep free, that we protect with ship. In this more and more dangerous Just weeks ago, the Washington the First Amendment—and I can’t world, it would be the height of foolish- Post—hardly a bastion of conservative imagine anyone reasonably objective ness for the administration to allow thought—published an article entitled: believing it is, but if it is—we ought to known terrorists—radical Islamic ter- ‘‘China’s scary lesson to the world: debate it on this floor. A decision of rorists affiliated with ISIS, Al Qaeda, Censuring the Internet works.’’ We that consequence should be decided by or other Islamist groups—to travel shouldn’t take our online freedom for Congress and not by unaccountable bu- back to the United States of America granted. If Congress sits idly by and al- reaucrats in the Obama administra- using a passport to carry out jihad and lows the administration to terminate tion. So it is my hope that colleagues murder innocent Americans. U.S. oversight of the Internet, we can in this body will come together, at the This legislation should be bipartisan be certain authoritarian regimes will very minimum, to say not whether or legislation. This legislation should be work to undermine the new system of not the Internet should be given away legislation that brings all of us to- Internet governance and strengthen but simply that Congress should decide gether. We might disagree on the ques- the position of their governments at that. There was a time when this body tions of marginal tax rates as Demo- the expense of those who stand for lib- was vigorous in protecting its constitu- crats and Republicans. We might dis- erty and freedom of speech. tional prerogatives. It is my hope that agree on a host of policy issues. But This prospect is truly concerning, this body will rediscover the impera- when it comes to the simple question given the proposal submitted by the tive of doing so. of whether an Islamic terrorist intent Internet Corporation for Assigned The third amendment I have sub- on killing Americans should be allowed Names and Numbers, known as ICANN. mitted on the NDAA that I want to ad- to use a U.S. passport to travel freely ICANN is a global organization, and its dress is the Expatriate Terrorist Act, a and come into America, that answer latest proposal unquestionably de- bill I introduced over a year ago and should be no, and that ought to be an creases the position of the United that I have now filed as an amendment issue of great agreement. States while it increases the influence to the NDAA. Today I call upon my colleagues to of over 160 foreign governments within As we all know, radical Islamic ter- join me in supporting these amend- ICANN in critical ways—foreign gov- rorists have been waging war against ments and coming together. Together

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The years, was voted for overwhelmingly in Nation, this shining city on a hill that chairman is well aware, because I have the Senate. each and every one of us loves. told him this now 4 years in a row, that I respect the view of the Senator I yield the floor. if the Senate would take up and pass from Texas. Too bad that view is not The PRESIDING OFFICER. The Sen- the amendment protecting the con- shared by our military leadership—the ator from Arizona. stitutional due process rights of Amer- ones who have had the experience in Mr. MCCAIN. Mr. President, I hope ican citizens—the Bill of Rights actu- combat with women in the military. the Senator from Texas, who just made ally matters—then I would happily Mr. President, I suggest the absence a moving commentary, would consider vote for the bill. Yet the Senate has of a quorum. in the future standing together and not taken up that amendment, so I The PRESIDING OFFICER. The voting for the Defense authorization have had no choice but to vote no at clerk will call the roll. bill rather than voting against it. the end of the day. The legislative clerk proceeded to We stood together on the committee I can tell you right now that if this call the roll. with only three votes against the De- bill continues to extend the draft to Mr. MENENDEZ. Mr. President, I ask fense authorization bill, and he voted women—a radical change, much to the unanimous consent that the order for against it last year as well. So I would astonishment of the voters, being foist- the quorum call be rescinded. look forward to working with the Sen- ed on the American people not just by The PRESIDING OFFICER. Without ator from Texas and maybe getting Democrats but by a lot of Repub- objection, it is so ordered. him—instead of being one or two in the licans—then I will have no choice but Mr. MENENDEZ. Mr. President, I ask bipartisan effort of the committee—to to vote no again this year. But I can unanimous consent to speak as in vote for the Defense authorization bill. say this: I would be thrilled to vote yes morning business. I might tell him also that with his The PRESIDING OFFICER. Without agenda, as he described it, I would be if we focused on the vital responsibil- ities of protecting this country rather objection, it is so ordered. much more agreeable to considering STANDING TOGETHER AS ONE NATION that agenda if he would consider voting than focusing on extraneous issues. I yield the floor. Mr. MENENDEZ. Mr. President, I for the defense of this Nation—which is The PRESIDING OFFICER. The Sen- thought long and hard about giving that thick—which we worked for ator from Arizona. this speech, and I don’t come to the months and months with hearings, Mr. MCCAIN. Mr. President, the Sen- floor lightly, but as the senior Latino meetings, and gatherings, and he de- ator from Texas has the unique capa- in this Chamber, I felt I had to speak, cided to vote against the authorization bility of finding a provision in a bill for those who do not recall the past are bill. So I look forward to working with that thick to base his opposition on destined to repeat it, and I don’t want him, and perhaps next time he might with a strong moral stand. The fact is to let this opportunity pass without consider voting for it rather than being that every single military leader in speaking out. 1 of 3 out of some 27 in the committee this country—both men and women, The remarks of the presumptive Re- who voted for it in a bipartisan fash- members of the military uniformed publican nominee for President about ion, of which I am very proud. leadership of this country—believes it Judge Gonzalo Curiel are taking this I suggest the absence of a quorum. Nation and the Republican Party down The PRESIDING OFFICER. The is simply fair, since we have opened up a dark and slippery slope. The road to clerk will call the roll. all aspects of the military to women in The legislative clerk proceeded to the military, that they would also be some of the darkest moments of his- call the roll. registering for Selective Service. tory have been paved with the rants of Mr. CRUZ. Mr. President, I ask unan- I would also point out that every sin- petty demagogues against ethnic mi- imous consent that the order for the gle member of the committee—people norities for centuries. And now, again quorum call be rescinded. such as Senator AYOTTE, Senator SHA- in this century, Donald Trump is echo- The PRESIDING OFFICER. Is there HEEN, Senator MCCASKILL, all of the fe- ing those same racist rants and by objection? male members of the committee—also doing so threatening to take this Na- Without objection, it is so ordered. finds it a matter of equality. Women I tion to a dangerous place. Mr. CRUZ. Mr. President, I would have spoken to in the military over- While Donald Trump’s racist themes briefly respond to my friend from Ari- whelmingly believe that women are not throughout his campaign are a new low zona. As he is aware, this NDAA con- only qualified but are on the same for one of America’s major political tains one provision that in the history basis as their male counterparts. parties, they are not unique in history. of our country is a radical departure. Every uniformed leader of the U.S. This is page one on the dark chapters For the first time ever, this NDAA military seems to have a different of history: Separate us from them. Ty- would subject women to Selective opinion from the Senator from Texas, rants and dictators have incited hatred Service and potentially the draft. whose military background is not ex- against ethnic and religious minorities Was this change done through open tensive. I believe it was indefinite de- for centuries in order to consolidate debate? Was this change done in front tention last time, which obviously is power for themselves. Increasingly rad- of the American people? Was this an issue but, in my view, not a suffi- ical-thinking Republicans are not change done reflecting their views? No. cient reason because it was not in- blameless in creating the environment It was inserted by committee staff in cluded. The bill last year did not ad- that has led to this disaster, that has the committee draft. It is a radical dress that issue, but because we didn’t led to a new McCarthyism that calls change that is attempting to be foisted address the issue to the satisfaction of out people not for their beliefs but for on the American people. the Senator from Texas, then he voted their ethnicity. I am the father of two daughters. against the bill. This year it is Selec- We have governed from crisis to cri- Women can do anything they set their tive Service. sis over the past 8 years, not because mind to, and I see that each and every The vote within the committee was we cannot find solutions to our prob- day. But the idea that we should forc- overwhelming. The opinion of men and lems but because of political decisions ibly conscript young girls into combat, women in the military—every one of to delegitimize the process and the in my mind, makes little to no sense. our military leaders believes that. President. They have fed into the It is, at a minimum, a radical propo- The Senator from Texas is entitled to ranks of a petty demagogue and now sition. I could not vote for a bill that his views, but to think that somehow struggle to find safe ground. They have did so, particularly that did so without that is sufficient reason for him to con- given quarter to snake oil salesmen public debate. tinue to vote against the bill—even and conspiracy theorists.

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.017 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3485 Now we have the head of a major U.S. ments of the nominee, but in many politics of settling scores and grudges political party attacking a Federal cases they have not gone far enough. and work toward changing the hateful judge because of his parentage. This They have not called him out as they rhetoric we continue to hear. isn’t a reality TV show or real estate should, politics aside, for the threat he We are a nation of immigrants—all of deal; this is an attack on our inde- poses to this Nation if he is elected. us. We all know the reality of what it pendent judiciary. We are talking Many of my colleagues must recog- means to work hard, get an education, about a Presidential candidate tearing nize, as I do, that a Federal judge born build a career, and find our way to this the fabric with which we enforce our in Indiana, which is part of these great Chamber or the Federal bench. Many of laws and help citizens protect them- United States, with a Mexican family us grew up in immigrant neighbor- selves from injustice. background whose parents became U.S. hoods, like Judge Curiel, having to In every aspect of her life, my moth- citizens is not a Mexican judge but is navigate many obstacles, the veiled or er believed in being treated fairly. an American judge, just as a U.S. Sen- not-so-veiled insults, the derogatory What she did not believe is that being ator like this one—born in New York, comments, the finger-pointing and ra- treated fairly meant she would always raised in New Jersey, from a Cuban cial stereotypes, while always remain- get what she wanted and that if she did family background—is a U.S. Senator. ing rational and logical enough to take not get it, it would be proof that the To imply otherwise and ask Judge the long view and see beyond the mir- process of the system was corrupt, un- Curiel to recuse himself from a case be- ror and beyond ourselves so we can fair, and out to get her. cause of where his parents were born is make the best decisions we can and To my mother and to me, lashing out on its face racist. take what comes and in doing so be- when we don’t get what we want—as They need to come to the floor and come part of the larger whole, no Donald Trump seems to do so often— denounce the comments of their nomi- longer a stranger but members of can be described only as remarkably nee. In fact, all Americans should de- something larger than ourselves. childish, thin-skinned, surprisingly nounce this kind of blatant racism. When Donald Trump says ‘‘There’s egocentric, and frankly, for someone The tone of the Trump campaign and my African American’’ at a political who aspires to lead this Nation, dan- his statements, actions, and demeanor rally, we see only a fellow American, a gerously undemocratic, if not outright threaten to send us down a slippery citizen, one of us, not one of them. demagogic, threatening the very safe- slope. He doesn’t seem to be able to Today we are all Judge Gonzalo guards our Founders put in place to stop himself. He has doubled down and Curiel, and today we stand together as protect us from those, like Mr. Trump, said that it is impossible, for example— one Nation, indivisible, no matter how whose only view of the world seems to that a judge of Muslim descent might hard someone tries to divide us. be in a mirror. His only response to ad- not be able to render a favorable deci- I repeat: The road to some of the versity is to blame someone else and sion in a Trump v. Whomever case be- darkest moments in history have been cause of the candidate’s policy to ban turn people against each other. The paved with the rants of petty dema- Muslims from entering this country. fact is, leaders don’t turn people gogues against ethnic minorities for Anyone who won’t stand up and call against each other; they bring them to- centuries, and Donald Trump is echo- this blatant racism has decided to put gether in common cause. Mr. Trump ing those same racist rants, threat- partisan politics ahead of our country. needs to learn that there is not always ening to take this Nation to a dan- This is how a new McCarthyism comes someone else to blame for defeat. The gerous place. Let’s all of us speak out to America, sold by a reality TV show fact that you lost doesn’t imply unfair- before it is too late. host, aided and abetted by a political ness, it only indicates that you lost, With that, I yield the floor. party without the courage to stand up and he should get used to it, although The PRESIDING OFFICER (Mr to racism in its most cynical form. it is a difficult concept for someone CRUZ). The Senator from South Da- I have watched this campaign, like kota. raised to believe there would be no los- most of my colleagues, incredulous at THE PRESIDENT’S FOREIGN POLICY ing and if there were, it must be a mis- what I heard, shocked, in disbelief, and take that can be rectified with power, with a deep concern at the level of dis- Mr. THUNE. Mr. President, as we money, or a lawsuit. Apparently, in course that has degenerated into name enter the final stretch of the Obama Mr. Trump’s mind, if he loses, it must calling and out-and-out racism. Many administration, many have began ana- be someone else’s fault: It is he. It is of my Republican colleagues and lyzing the President’s tenure and de- they. It is those people. He isn’t Amer- friends are pulling their punches, not bating what legacy he will leave. Peo- ican. He doesn’t have a birth certifi- going far enough to denounce the rac- ple are asking: Are we better off? Are cate. He is a Muslim. It is all of them. ist rants of their nominee. we safer? Unfortunately, the evidence He is a Mexican judge, and I want to This is not the American political suggests that the answer to both of build a wall, so he is being unfair to system that I know or grew up with, it those questions is no. me. is not how we run campaigns, and it As we look around the world right That attitude may be childish and should make us all feel uncomfortable. now, we see more and more unrest and pathetic in a schoolyard bully, but in But it is not good enough to simply be insecurity, and the foreign policy fail- an American President and Com- uncomfortable with what the presump- ures of the President and his adminis- mander in Chief, it is downright dan- tive Republican nominee says. We can’t tration are partly responsible. Again gerous. just turn a deaf ear and a blind eye to and again, when it has come time for I have traveled my State and this Na- someone like Donald Trump and where the President to lead, he has chosen in- tion and listened to people who wonder, he threatens to take this Nation should stead to sit on the sidelines. His failure as many of us do, how our political dia- he be elected. We cannot wait until it to act has emboldened our enemies and logue has become so dangerously is too late, and I believe my colleagues alienated our allies. coarse and brash and blatantly racist know it but have not yet found a way Take the situation in Syria. I am not and how we seem to have reduced the to articulate it. blaming the start of the Syrian civil greatness of this country to its lowest We as a nation have to face the ugli- war on President Obama, but when a common denominator. We are talking ness of what he has said and what he redline was drawn and crossed and the about electing a President—a man or has no doubt yet to say. We as a people President ignored it, we lost our credi- woman who will hold the nuclear code must immediately and unconditionally bility and our ability to influence and will decide matters of war and condemn and reject the type of blatant President Assad. As we retreated from peace and whether to send our sons and racism we heard over the last few days. a position of strength, turmoil and un- daughters into harm’s way. The stakes Those who do not stand up to intoler- rest erupted in Syria. are too high to allow a megalomaniac ance and hatred only encourage it and The President’s reluctance to act to pound his chest over a legitimate de- sow the seeds of bigotry that will ulti- must have looked familiar to foreign cision ordered by a judge who was con- mately divide us as a nation and a peo- leaders like Vladimir Putin. It doesn’t firmed unanimously by this Senate. ple. make the front pages of the papers Many of my colleagues have tried to I urge all of my Republican col- anymore, but we must remember that distance themselves from the com- leagues and all Americans to reject the Russia invaded the sovereign country

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Playing politics with funding for Recently, we have also seen Russian tion’s enemies. As the days pass, buy- our troops, as the President did by jets buzzing U.S. Navy ships. I can er’s remorse from Democrats for the vetoing the National Defense Author- think of few other Presidents who Iran deal continues to grow. The Presi- ization Act last summer, is unaccept- would have stood for Russia’s behavior, dent negotiated a nuclear deal with able. I urge my colleagues to join me to but this passiveness now defines Presi- Iran that will not only fail to stop Iran advance this essential legislation to dent Obama’s approach to foreign pol- from acquiring a nuclear weapon, but provide for our troops to ensure the icy. The now-infamous Russian reset it will actually make it easier for Iran safety and defense of America and to promoted by President Obama and Sec- to acquire advanced nuclear weapons help restore America’s position of retary Clinton will go down in history down the road. This deal will jeop- strength. as a strategic failure of this adminis- ardize the security of the United States Mr. President, I yield the floor. tration. and our allies for many years to come. The PRESIDING OFFICER. The Sen- In the Pacific, which was intended to Deputy National Security Advisor ator from Oregon. be a key focus of the President’s for- Ben Rhodes has admitted to creating HAZARDOUS MATERIALS RAIL TRANSPORTATION eign policy, China has gone largely un- ‘‘an echo chamber’’ of falsehoods to sell SAFETY IMPROVEMENT BILL challenged, especially in the South the deal. We have also learned that a Mr. WYDEN. Mr. President, rural Or- China Sea. The noticeable absence of firm that helped push the deal also egonians who have long worried about the United States over the last 7 years funded positive media coverage. Not trains rumbling through our treasured has led to China building an island and only was this a bad deal that will make Columbia River Gorge had their fears standing up an airfield in some of the it easier for Iran to acquire advanced realized last Friday when a mile-long most disputed waters in the world—an nuclear weapons down the road, the ad- oil train derailed and caught fire in the island, Mr. President. Can you imagine ministration was disingenuous in how heart of one of our State’s crown jew- if a country tried to build an island it sold the deal. It pulled a fast one els, the Columbia River Gorge. near the United States and then to over Congress, the American people, Our State is rich with breathtaking militarize it? It is no surprise that our and our partners around the world, all places, and we believe the Columbia allies in Southeast Asia are growing in- in the name of burnishing the Presi- River Gorge is right at the top of the creasingly nervous with the rising dent’s legacy, not because it was the list. Local tribes consider the area sa- military power making such aggressive will of the people. This is another in- cred ground, and it took the breath claims on their doorsteps. away from Meriwether Lewis, who Then there is the situation in Iraq. stance of the President’s missteps that wrote in his journal of ‘‘beautiful cas- During his campaign, the President sends troubling signals to our allies—in cades which fell from a great height promised to withdraw U.S. troops from this case, Israel, our closest and most over stupendous rocks. . . .’’. Iraq, which he then proceeded to do on reliable ally in the region. I make these points because it is In addition to being a haven for wild- a publicly announced timetable. Mili- life, the gorge is the lifeblood for tens tary planners and congressional Repub- against this backdrop of growing inter- of thousands of residents in the Pacific licans warned that telegraphing our national instability and lessening U.S. Northwest, a critical transportation plans to insurgents will encourage influence that the Senate is now con- corridor, and a center for outdoor them to bide their time and wait for sidering the National Defense Author- recreation and tourism. Those who our troops to leave before preying upon ization Act. This legislation authorizes visit the gorge do so to windsurf, an underprepared Iraqi military. But it the funding necessary to equip our kiteboard, and parasail, fish, hike, and was evident that President Obama and troops with the resources they need to Secretary Clinton didn’t want to see carry out their missions. camp. It boasts the most visited recre- our obligation to the Iraqis through; As we look beyond the failures of the ation site in the Pacific Northwest, the they were more interested in keeping Obama administration to the chal- thundering Multnomah Falls that an ill-advised campaign promise no lenges that lie ahead, it is even more Meriwether Lewis wrote about. In this pristine area, trains carrying matter what the cost to security in important that when it comes to our flammable liquids barrel through the Iraq. military, we get things right. It is not The President proceeded with his America’s strength that tempts our ad- gorge on tracks that were built in the plans to withdraw our troops without versaries, it is our weakness. That is first half of the 20th century. On Fri- pressing former Iraqi Prime Minister why we need to ensure that our mili- day, just a stone’s throw from our re- Maliki on the importance of making tary is well-equipped and trained to gion’s lifeblood, the Columbia River, sure his country was stable and secure meet the challenges of rising powers one of those trains fell off the tracks. before we withdrew. Everyone knows through high-tech capabilities, while Sixteen cars hauling crude oil crashed what happened next: The lack of Amer- also being agile and versatile to com- within view of a community school in ican troops left a gaping hole in Iraq bat increased unconventional threats the small town of Mosier. Three tank security and ISIS rolled in to fill the from nonstate actors. cars caught fire, one car leaked oil, and gap. Once called the JV team by Presi- We sleep at night in peace and safety one experienced what is known as a dent Obama, ISIS quickly established because our military stands on watch thermal tear, sending a column of itself as arguably the most dangerous around the globe. As threats multiply flames shooting into the air. terrorist organization in the world. around the world, we must ensure that We can see from the photo next to me From its safe haven in Iraq, ISIS has the military has every resource it just how close this fiery crash was to spread terror across the Middle East needs to confront the dangers facing that school. People within a mile of the and into Europe, destroying peaceful our Nation. We need to support essen- crash site were evacuated. The evacu- communities and cultural relics alike tial forward-looking weapons systems, ation zone included Interstate 84, in its pursuit of a caliphate. such as the B–21 long-range strategic which was closed for 12 hours, and at My heart especially breaks for the bomber and high-tech drones to deter least 100 nearby households. Some of Christians and other religious minori- and defeat future threats. these folks have yet to return to their ties in the region in this time of dark- We must ensure that detainees stay homes. The sewer system was damaged ness. Their experience under ISIS has at Guantanamo, instead of returning to badly enough that it was taken offline. been one of relentless persecution and the fight. We must ensure that our Firefighters were forced to use so much suffering—genocide, Mr. President. troops and their families at home have water to put out the fire that the ISIS’s spread has only made the situ- the support they need and deserve. town’s main well was depleted. As a re- ation in Syria more dire, as well as ex- This bill will accomplish all that. sult, residents who remain have been

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This crash has left Orego- pany sits down and works out concerns trains carrying coal and carrying oil. nians wondering what unlucky would that are obviously of enormous impor- They have been concerned about the have looked like. I can tell you it tance to the residents of Mosier. length of the trains and how these doesn’t take a lot of imagination. The These commitments are helpful, and trains roll through, dividing their com- Mosier crash could have been much we are going to monitor them closely. munities and the challenges they have. worse if the train had been going faster The company has to do everything pos- There is one concern they have above and with more cars derailing. It could sible to help get residents in the town everything else; that is, that a train have been worse if the crash had hap- back on their feet. That includes get- full of explosive Bakken crude would pened on Thursday, when winds were ting the sewage system up and running derail in their community. That hap- clocked above 30 miles an hour and the and getting people back in their homes pened last Friday. fire would have spread to the nearby so they can get about their everyday tree line. If the crash had happened a lives. It is the very scenario communities mile east, it would have been on the In my view, it would be hard, after a have dreaded. This oil train was trav- edge of the river, causing a potentially very close call like the one in Mosier eling through the Cascade Mountains catastrophic spill in the middle of a on Friday, for anybody to just walk along the Columbia Gorge on its way salmon run. If it had happened 60 miles away and say, well, there probably will to Tacoma, WA, with 97 cars loaded west, it would have been in downtown not be another accident, because while with flammable, explosive Bakken Portland or in one of the suburbs. the people of Mosier work to get back crude. Sixteen tank cars went off the Oregon has been lucky a lot, and at to their normal lives, the threat of an- tracks. One car ruptured, and when it some point that luck is going to run other crash is going to linger. Our peo- ruptured, it spewed oil. The oil created out. What people in small communities ple are talking about it. They are tell- an inferno, and the inferno started to in Oregon want to know, and what they ing the newspapers they are nervous. heat up the adjacent cars. The adjacent deserve to know, is what happens next. They are nervous about the prospect of cars had pressure relief valves that as What is Congress going to do to start another accident, which is lingering in they got hot, started spewing oil out of fixing the problem? the minds of folks across my State. these pressure relief valves, spreading I am here this morning with my It has been clear for years that more the fire to three cars. This happened friend and colleague from Oregon, Sen- needs to be done to protect our commu- near the town of Mosier, OR, which is ator MERKLEY, to talk about what spe- nities and prevent the next accident just 70 miles east of Portland. cifically we are going to do to get this from ever occurring. It is tragic that We were fortunate. We thank our fixed. More than a year ago, I intro- Mosier has now joined a long and grow- lucky stars no one was injured in the duced legislation with Senator ing list of both small towns and big cit- incident, but it could have been dif- MERKLEY, Senator SCHUMER, and five ies that have experienced an oil train ferent, as my colleague from Oregon other Senators called the Hazardous accident, including: Casselton, ND; pointed out. The proximity of Mosier Materials Rail Transportation Safety Lynchburg, VA; Aliceville, AL; New resulted in an evacuation of over 100 Improvement Act. Since then, four Augusta, MS; LaSalle, CO; Galena, IL; nearby residents and the nearby grade more Senators have signed on. Among Watertown, WI; and Philadelphia, PA. school with over 200 children. An air the bill’s lead supporters are the Inter- More needs to be done to ensure that quality warning occurred for vulner- national Association of Firefighters transportation systems used to haul able residents from the thick plumes of and the International Association of crude oil and other flammable liquids black smoke. We were fortunate, and Fire Chiefs. are up to par. I hope Members of this we are happy that no human life was Our bill reduces the chance of acci- body on both sides of the aisle will join taken and no injury occurred. dents in the first place by providing me and Senator MERKLEY and nine Let’s take a look at what that in- funding for communities to relocate other Senators. We already have over ferno looked like in this photo. We can segments of track away from highly 10 percent of the Senate. I hope they see the massive plume of burning populated areas and for States to con- will join us in our effort to protect Bakken crude rising into the air. We duct more track inspections. Next, it communities everywhere from the next see here the fire in the adjacent cars. helps communities prepare for a pos- oil train accident. This has nothing to We see the proximity to the Columbia sible accident by paying for training do with Democrats and Republicans. River. There could have been a massive for first responders before the next ac- What this has to do with is whether we release of oil into the Columbia River cident. Finally, the bill provides mar- are going to take commonsense steps as well. Again, we were fortunate in ket incentives to use the safest tank to prevent these accidents and ensure this regard. The Columbia Gorge is a cars to transport hazardous materials, that in particular we do everything we very special place, but as its narrow which lowers the chance of a spill or a can to have the kind of trains that are channel through the Cascade Mountain fire in the event of an accident. not as likely to be part of accidents in occurs, these trains run through the On Monday I talked with Union the future. middle of virtually every community Pacific’s CEO, Mr. Fritz. He committed My colleague Senator MERKLEY has along the way. They represent a rolling to work with me and the Senate spon- been a terrific partner in this effort. time bomb. Citizens are right to have sors on this legislation. He indicated We have been talking about how we are grave concerns. there were parts of the bill that the going to tackle this urgent issue for company can support. I think knowing the people we represent, and he is I don’t think the citizens along the that the company is willing now to fol- going to have important remarks about Columbia Gorge are mollified by think- low up is a bit of constructive news and Friday’s accident in Mosier as well. ing, well, it could have been worse; we an encouraging development, but much With that, I yield the floor and look were fortunate this time. Instead, what more needs to be done. forward to Senator MERKLEY’s com- the citizens of Mosier are thinking and Yesterday, Senator MERKLEY and I, ments. citizens in communities all along the with our Governor, Congressman BLU- The PRESIDING OFFICER. The Sen- gorge are thinking is, our concerns MENAUER, Congressman BONAMICI, ator from Oregon. about these rolling explosion hazards called for a temporary moratorium on Mr. MERKLEY. Mr. President, I rise are confirmed, and we need to take se- oil train traffic through the Columbia with my friend and colleague Senator rious measures so that one of these River Gorge. Yesterday, when I talked WYDEN to draw attention to the dan- trains does not blow up in our commu- to the CEO of Union Pacific, Mr. Fritz, gerous oil train derailment that oc- nity in the future.

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Three cars con- After section 536, insert the following: occur along this stretch of track? It is taining propane and one car containing SEC. 536A. TREATMENT BY DISCHARGE REVIEW reported that a bolt or multiple bolts crude from western Canada exploded BOARDS OF CLAIMS ASSERTING sheared. Why did they shear? Was it POST-TRAUMATIC STRESS DIS- after the derailment, creating intense ORDER OR TRAUMATIC BRAIN IN- temperature differentials between day fires that burned for days. and night in our unusually warm JURY IN CONNECTION WITH COM- In April of that year, 15 cars of a BAT OR SEXUAL TRAUMA AS A BASIS spring? Was it because of the weight of FOR REVIEW OF DISCHARGE. these trains rolling through? Was it crude oil train derailed in Lynchburg, Section 1553(d) of title 10, United States the volume of the traffic? Was it the VA, near a railside eatery and a pedes- Code, is amended by adding at the end the speed they were traveling? trian waterfront, sending flames and following new paragraph: We have to understand every detail black smoke into the air. Thirty thou- ‘‘(3)(A) In addition to the requirements of paragraph (1) and (2), in the case of a former so that we respond and make sure this sand gallons of oil spilled into the James River. member described in subparagraph (B), the does not happen again. That is why it Board shall— is so disturbing that the National The list goes on. In February of ‘‘(i) review medical evidence of the Sec- Transportation Safety Board declined 2015—— retary of Veterans Affairs or a civilian health care provider that is presented by the to investigate. In its mission, the Mr. MCCAIN. Will the Senator allow former member; and NTSB is supposed to investigate acci- an interruption so that I can be recog- dents that result in the ‘‘release of haz- ‘‘(ii) review the case with liberal consider- nized for a unanimous consent request, ation to the former member that post-trau- ardous materials’’—well, that certainly and he then will regain the floor? matic stress disorder or traumatic brain in- was the case—and that ‘‘involve prob- jury potentially contributed to the cir- lems of a recurring nature’’. Mr. MERKLEY. I would be honored to yield for your unanimous consent cumstances resulting in the discharge of a There have been recurring lesser characterization. derailments that involve significant proposal. ‘‘(B) A former member described in this property damage. There was significant Mr. MCCAIN. Mr. President, I ask subparagraph is a former member described damage here. This derailment sent oil unanimous consent that the Senator in paragraph (1) or a former member whose into Mosier’s wastewater treatment from Oregon yield to me for a unani- application for relief is based in whole or in part on matters relating to post-traumatic plant. The plant has been closed down, mous consent request without losing stress disorder or traumatic brain injury as a major challenge for the city to cope his right to the floor. supporting rationale, or as justification for with. There has even been a pause in The PRESIDING OFFICER. Without priority consideration, whose post-traumatic the drinking water because of the mod- objection, it is so ordered. stress disorder or traumatic brain injury is est oil sheen in the river. It was uncer- related to combat or military sexual trauma, Mr. MCCAIN. Mr. President, I ask tain where it was coming from and as determined by the Secretary concerned.’’. unanimous consent that the following whether it would get into the intake AMENDMENT NO. 4293 amendments be in order to be offered: for the drinking water. (Purpose: To require a National Academy of So let’s hereafter not have a situa- Durbin No. 4369 and Inhofe No. 4204. I Sciences study on alternative technologies tion where there is a significant crash further ask that the time until 4 p.m. for conventional munitions demilitariza- tion) and we don’t have the investigation to be equally divided between the man- agers or their designees and that the At the end of subtitle C of title XIV, add learn everything about it so we can the following: apply those lessons into the future. Senate then proceed to vote in relation to the amendments in the order listed, SEC. 1422. NATIONAL ACADEMIES OF SCIENCES Senator WYDEN has been leading the STUDY ON CONVENTIONAL MUNI- charge to make sure that we under- with no second-degree amendments to TIONS DEMILITARIZATION ALTER- stand accidents, that we have the right these amendments in order prior to the NATIVE TECHNOLOGIES. set of precautions in place: braking votes, and that there be 2 minutes (a) IN GENERAL.—The Secretary of the equally divided prior to each vote. Army shall enter into an arrangement with standards on the brakes and speed the Board on Army Science and Technology standards on the tracks and upgraded The PRESIDING OFFICER. Without of the National Academies of Sciences, Engi- railroad tanker cars that are far less objection, it is so ordered. neering, and Medicine to conduct a study of likely to rupture. I thank him for his AMENDMENTS NOS. 4138, 4293, 4112, 4177, 4354, 4079, the conventional munitions demilitarization leadership on this. I am a full-square 4317, 4031, 4169, 4236, 4119, 4095, 4086, 4071, 4247, AND program of the Department of Defense. (b) ELEMENTS.—The study required pursu- partner in this effort. 4344 The tank car that ruptured was not ant to subsection (a) shall include the fol- one that met the new standards. It was Mr. MCCAIN. Mr. President, I ask lowing: (1) A review of the current conventional what was referred to by the president unanimous consent that the following amendments be called up en bloc: 4138, munitions demilitarization stockpile, includ- of Union Pacific as kind of a ‘‘medium ing types of munitions and types of mate- safety’’—not the worst car, not the old- Peters; 4293, Baldwin; 4112, Gillibrand; 4177, Schumer; 4354, Leahy; 4079, rials contaminated with propellants or est car. It did have some upgrades on it energetics, and the disposal technologies but certainly not the new cars that we Heitkamp; 4317, Hirono; 4031, Cardin; used. have been setting and aspiring to have; 4169, Coats; 4236, Portman; 4119, Rob- (2) An analysis of disposal, treatment, and that is, a stronger car with more pro- erts; 4095, Ernst; 4086, Murkowski; 4071, reuse technologies, including technologies tections, minimizing the chance of a Hatch; 4247, Danes; and 4344, Sullivan. currently used by the Department and The PRESIDING OFFICER. Without emerging technologies used or being devel- rupture. oped by private or other governmental agen- This is an issue we must take on seri- objection, it is so ordered. cies, including a comparison of cost, ously and urgently. Let’s recognize The clerk will report the amend- throughput capacity, personnel safety, and that it is one accident after another. In ments by number. environmental impacts. July 2013, a runaway Montreal, Maine (3) An identification of munitions types for The senior assistant legislative clerk & Atlantic Railway train spilled oil which alternatives to open burning, open read as follows: and caught fire inside the town of Lac- detonation, or non-closed loop incineration/ Megantic in Quebec. Forty-seven peo- The Senator from Arizona [Mr. MCCAIN], combustion are not used. (4) An identification and evaluation of any ple were killed. Thirty buildings for others, proposes amendments numbered 4138, 4293, 4112, 4177, 4354, 4079, 4317, 4031, 4169, barriers to full-scale deployment of alter- burned in the town center. natives to open burning, open detonation, or In December of that year, a fire en- 4236, 4119, 4095, 4086, 4071, 4247, and 4344 en bloc. non-closed loop incineration/combustion, gulfed tank cars loaded with oil on a and recommendations to overcome such bar- Burlington Northern Santa Fe train The amendments are as follows: riers.

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(5) An evaluation whether the maturation AMENDMENT NO. 4079 Ranking Members of the congressional de- and deployment of governmental or private (Purpose: To ensure continued operational fense committees in support of including leg- technologies currently in research and devel- capability for long-range bomber missions islation enacting the agreement in the fiscal opment would enhance the conventional mu- in the event of termination of the B–21 year 2017 National Defense Authorization nitions demilitarization capabilities of the bomber program) Act and concluded that its inclusion ad- Department. vances United States national security ob- On page 556, line 2, insert ‘‘, including the (c) SUBMITTAL TO CONGRESS.—Not later jectives in the region. modernization investments required to en- than 18 months after the date of the enact- (b) SENSE OF CONGRESS.—It is the sense of sure that B–1, B–2, or B–52 aircraft can carry ment of this Act, the Secretary shall submit Congress that— out the full range of long-range bomber air- to the congressional defense committees the (1) to fulfill the promise and commitment craft missions anticipated in operational study conducted pursuant to subsection (a). of the United States to its ally, the Republic plans of the Armed Forces’’ after ‘‘program’’. AMENDMENT NO. 4112 of Palau, and reaffirm this special relation- AMENDMENT NO. 4317 ship and strengthen the ability of the United (Purpose: To expand protections against (Purpose: To fulfill the commitment of the States to defend the homeland, Congress and wrongful discharge to sexual assault sur- United States to the Republic of Palau) the President should promptly enact the vivors) At the end of subtitle H of title XII, insert Compact Review Agreement signed by the At the end of part II of subtitle D of title the following: United States and Palau in 2010; and V, add the following: SEC. 1277. SENSE OF CONGRESS ON COMMIT- (2) Congress and the President should im- SEC. 554. MEDICAL EXAMINATION BEFORE AD- MENT TO THE REPUBLIC OF PALAU. mediately seek a mutually acceptable solu- MINISTRATIVE SEPARATION FOR (a) FINDINGS.—Congress makes the fol- tion to approving the Compact Review MEMBERS WITH POST-TRAUMATIC Agreement and ensuring adequate budgetary STRESS DISORDER OR TRAUMATIC lowing findings: BRAIN INJURY IN CONNECTION (1) The Republic of Palau is comprised of resources are allocated to meet United WITH SEXUAL ASSAULT. 300 islands and covers roughly 177 square States obligations under the Compact Section 1177(a)(1) of title 10, United States miles strategically located in the western through enacting legislation, including Code, is amended— Pacific Ocean between the Philippines and through this Act. (1) by inserting ‘‘, or sexually assaulted,’’ the United States territory of Guam. AMENDMENT NO. 4031 after ‘‘deployed overseas in support of a con- (2) The United States and Palau have (Purpose: To impose sanctions with respect tingency operation’’; and forged close security, economic and cultural to foreign persons responsible for gross viola- (2) by inserting ‘‘or based on such sexual ties since the United States defeated the tions of internationally recognized human assault,’’ after ‘‘while deployed,’’. armed forces of Imperial Japan in Palau in rights) AMENDMENT NO. 4177 1944. (The amendment is printed in the (3) The United States administered Palau (Purpose: To require a report on the replace- RECORD of May 18, 2016, under ‘‘Text of as a District of the United Nations Trust ment of the security forces and commu- Amendments.’’) nications training facility at Frances S. Territory of the Pacific Islands from 1947 to AMENDMENT NO. 4169 Gabreski Air National Guard Base, New 1994. York) (4) In 1994, the United States and Palau en- (Purpose: To require a report on the dis- tered into a 50-year Compact of Free Asso- charge by warrant officers of pilot and At the end of subtitle B of title XXVI, add ciation which provided for the independence other flight officer positions in the Navy, the following: of Palau and set forth the terms for close Marine Corps, and Air Force currently dis- SEC. 2615. REPORT ON REPLACEMENT OF SECU- and mutually beneficial relations in secu- charged by commissioned officers) RITY FORCES AND COMMUNICA- rity, economic, and governmental affairs. At the end of subtitle H of title V, add the TIONS TRAINING FACILITY AT (5) The security terms of the Compact FRANCES S. GABRESKI AIR NA- following: TIONAL GUARD BASE, NEW YORK. grant the United States full authority and SEC. ll. REPORT ON DISCHARGE BY WARRANT (a) FINDINGS.—Congress makes the fol- responsibility for the security and defense of OFFICERS OF PILOT AND OTHER lowing findings: Palau, including the exclusive right to deny FLIGHT OFFICER POSITIONS IN THE (1) The 106th Rescue Wing at Francis S. any nation’s military forces access to the NAVY, MARINE, CORPS, AND AIR FORCE CURRENTLY DISCHARGED BY Gabreski Air National Guard Base, New territory of Palau except the United States, an important element of our Pacific strategy COMMISSIONED OFFICERS. York, provides combat search and rescue (a) REPORT REQUIRED.—Not later than 180 coverage for United States and allied forces. for defense of the United States homeland, and the right to establish and use defense days after the date of the enactment of this (2) The mission of 106th Rescue Wing is to Act, the Secretary of the Navy and the Sec- provide worldwide Personnel Recovery, Com- sites in Palau. (6) The Compact entitles any citizen of retary of the Air Force shall each submit to bat Search and Rescue Capability, Expedi- the Committees on Armed Services of the tionary Combat Support, and Civil Search Palau to volunteer for service in the United States Armed Forces, and they do so at a Senate and the House of Representatives a and Rescue Support to Federal and State en- report on the feasibility and advisability of tities. rate that exceeds that of any of the 50 States. the discharge by warrant officers of pilot and (3) The current security forces and commu- other flight officer positions in the Armed nications facility at Frances S. Gabreski Air (7) In 2009, and in accordance with section 432 of the Compact, the United States and Forces under the jurisdiction of such Sec- National Guard Base, specifically building retary that are currently discharged by com- 250, has fire safety deficiencies and does not Palau reviewed their overall relationship. In 2010, the two nations signed an agreement missioned officers. comply with anti-terrorism/force protection (b) ELEMENTS.—Each report under sub- standards, creating hazardous conditions for updating and extending several provisions of the Compact, including an extension of section (a) shall set forth, for each Armed members of the Armed Forces and requiring Force covered by such report, the following: expeditious abatement. United States financial and program assist- ance to Palau, and establishing increased (1) An assessment of the feasibility and ad- (b) REPORT.—Not later than 180 days after visability of the discharge by warrant offi- the date of the enactment of this Act, the post-9/11 immigration protections. However, the United States has not yet approved this cers of pilot and other flight officer positions Secretary of the Air Force shall submit to that are currently discharged by commis- the congressional defense committees a re- Agreement or provided the assistance as called for in the Agreement. sioned officers. port setting forth an assessment of the need (2) An identification of each such position, to replace the security forces and commu- (8) Beginning in 2010 and most recently on February 22, 2016, the Department of the In- if any, for which the discharge by warrant nications training facility at Frances S. officers is assessed to be feasible and advis- Gabreski Air National Guard Base. terior, the Department of State, and the De- partment of Defense have sent letters to able. AMENDMENT NO. 4354 Speaker of the House of Representatives and AMENDMENT NO. 4236 (Purpose: To clarify that the National the President Pro Tempore of the Senate (Purpose: To require a report on priorities Guard’s mission is both Federal and non- transmitting the legislation to approve the for bed downs, basing criteria, and special Federal for purposes of a report on the cost 2010 United States Palau Agreement includ- mission units for C–130J aircraft of the Air of conversion of military technicians to ac- ing an analysis of the budgetary impact of Force) tive Guard and Reserve) the legislation. At the end of subtitle H of title X, add the On page 819, strike lines 7 through 13 and (9) The February 22, 2016, letter concluded, following: insert the following: ‘‘Approving the results of the Agreement is SEC. 1085. REPORT ON PRIORITIES FOR BED (B) An assessment of the ratio of members important to the national security of the DOWNS, BASING CRITERIA, AND SPE- of the Armed Forces performing active United States, stability in the Western Pa- CIAL MISSION UNITS FOR C–130J Guard and Reserve duty and civilian employ- cific region, our bilateral relationship with AIRCRAFT OF THE AIR FORCE. ees of the Department of Defense required to Palau and to the United States’ broader stra- (a) SENSE OF SENATE.—It is the sense of the best contribute to the readiness of the Re- tegic interest in the Asia-Pacific region.’’ Senate that— serves and of the National Guard for its Fed- (10) On May 20, 2016, the Department of De- (1) the Air Force Reserve Command con- eralized and non-Federalized missions. fense submitted a letter to the Chairmen and tributes unique capabilities to the total

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.001 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3490 CONGRESSIONAL RECORD — SENATE June 7, 2016 force, including all the weather reconnais- described in Department of the Air Force paragraph (A), not later than 45 days after sance and aerial spray capabilities, and 25 Lease No. DACA85-1-99-14. such date of enactment, submit to Congress percent of the Modular Airborne Firefighting (2) The real property to be leased under a report that includes a proposal for the date System capabilities, of the Air Force; and subsection (a)(2) consists of real property de- by which the Secretary can implement that (2) special mission units of the Air Force scribed in Department of the Air Force Lease decision and a plan to carry out that pro- Reserve Command currently operate aging No. DACA85-1-97-36. posal. (c) TERM AND CONDITIONS OF LEASES.— aircraft, which jeopardizes future mission AMENDMENT NO. 4344 readiness and operational capabilities. (1) TERM OF LEASES.—The term of the (b) REPORT ON PRIORITIES FOR C–130J BED leases authorized under subsection (a) shall (Purpose: To authorize military-to-military DOWNS, BASING CRITERIA, AND SPECIAL MIS- not exceed 25 years. exchanges with India) SION UNITS.—Not later than February 1, 2017, (2) OTHER TERMS AND CONDITIONS.—Except At the end of subtitle F of title XII, add the Secretary of the Air Force shall submit as otherwise provided in this section— the following: to the congressional defense committees a (A) the remaining terms and conditions of SEC. 1247. MILITARY-TO-MILITARY EXCHANGES report on the following: the lease under subsection (a)(1) shall consist WITH INDIA. (1) The overall prioritization scheme of the of the same terms and conditions described To enhance military cooperation and en- Air Force for future C–130J aircraft unit bed in Department of the Air Force Lease No. courage engagement in joint military oper- downs. DACA85-1-99-14; and ations between the United States and India, (2) The strategic basing criteria of the Air (B) the remaining terms and conditions of the Secretary of Defense may take appro- Force for C–130J aircraft unit conversions. the lease under subsection (a)(2) shall consist priate actions to ensure that exchanges be- (3) The unit conversion priorities for spe- of the same terms and conditions described tween senior military officers and senior ci- cial mission units of the Air Force Reserve in Department of the Air Force Lease No. vilian defense officials of the Government of Command, the Air National Guard, and the DACA85-1-97-36. India and the United States Government— (d) ADDITIONAL TERMS AND CONDITIONS.— regular Air Force, and the manner which (1) are at a level appropriate to enhance The Secretary may require such additional considerations such as age of airframes fac- engagement between the militaries of the terms and conditions in connection with the tor into such priorities. two countries for developing threat analysis, leases under this section as the Secretary (4) Such other information relating to C– military doctrine, force planning, logistical considers appropriate to protect the inter- 130J aircraft unit conversions and bed downs support, intelligence collection and analysis, ests of the United States. as the Secretary considers appropriate. tactics, techniques, and procedures, and hu- AMENDMENT NO. 4119 AMENDMENT NO. 4071 manitarian assistance and disaster relief; (Purpose: To prohibit reprogramming re- (Purpose: To redesignate the Assistant Sec- (2) include exchanges of general and flag quests of the Department of Defense for retary of the Air Force for Acquisition as officers; and funds for the transfer or release, or con- the Assistant Secretary of the Air Force (3) significantly enhance joint military op- struction for the transfer or release, of in- for Acquisition, Technology, and Logistics) erations, including maritime security, dividuals detained at United States Naval At the end of subtitle C of title IX, insert counter-piracy, counter-terror cooperation, Station, Guantanamo Bay, Cuba) the following: and domain awareness in the Indo-Asia-Pa- After section 1022, insert the following: SEC. 949. REDESIGNATION OF ASSISTANT SEC- cific region. RETARY OF THE AIR FORCE FOR AC- SEC. 1022A. PROHIBITION ON REPROGRAMMING Mr. MCCAIN. Mr. President, I ask QUISITION AS ASSISTANT SEC- REQUESTS FOR FUNDS FOR TRANS- RETARY OF THE AIR FORCE FOR AC- unanimous consent that the Senate FER OR RELEASE, OR CONSTRUC- QUISITION, TECHNOLOGY, AND LO- now vote on these amendments en bloc. TION FOR TRANSFER OR RELEASE, GISTICS. OF INDIVIDUALS DETAINED AT The PRESIDING OFFICER. Without (a) REDESIGNATION.—Section 8016(b)(4)(A) UNITED STATES NAVAL STATION, objection, it is so ordered. GUANTANAMO BAY, CUBA. of title 10, United States Code, is amended— (1) by striking ‘‘Assistant Secretary of the Is there any further debate on these While the prohibitions in sections 1031 and amendments? 1032 of the National Defense Authorization Air Force for Acquisition’’ and inserting Act for Fiscal Year 2016 (Public Law 114–92; ‘‘Assistant Secretary of the Air Force for Ac- Hearing none, the question is on 129 Stat. 968) are in effect, the Department of quisition, Technology, and Logistics’’; and agreeing to the amendments en bloc. Defense may not submit to Congress a re- (2) by inserting ‘‘, technology, and logis- The amendments (Nos. 4138, 4293, programming request for funds to carry out tics’’ after ‘‘acquisition’’. 4112, 4177, 4354, 4079, 4317, 4031, 4169, 4236, any action prohibited by either such section. (b) REFERENCES.—Any reference to the As- sistant Secretary of the Air Force for Acqui- 4119, 4095, 4086, 4071, 4247, and 4344) were AMENDMENT NO. 4095 sition in any law, regulation, map, docu- agreed to en bloc. (Purpose: To improve Federal program and ment, record, or other paper of the United Mr. MCCAIN. Mr. President, I men- project management) States shall be deemed to be a reference to tioned to my colleagues that we would (The amendment is printed in the the Assistant Secretary of the Air Force for have these two votes later this after- Acquisition, Technology, and Logistics. RECORD of May 24, 2016, under ‘‘Text of noon, depending on an agreement be- Amendments.’’) AMENDMENT NO. 4247 tween the majority leader and the (Purpose: To require an expedited decision AMENDMENT NO. 4086 Democratic leader. I thank my col- with respect to securing land-based missile leagues for their cooperation, and we (Purpose: To authorize a lease of real prop- fields) erty at Joint Base Elmendorf-Richardson, look forward to those two votes. At the end of subtitle D of title XVI, insert Alaska) I thank my colleague from Oregon the following: for allowing me to make this unani- At the end of subtitle C of title XXVIII, SEC. 1655. EXPEDITED DECISION WITH RESPECT add the following: TO SECURING LAND-BASED MISSILE mous consent request. SEC. 2826. LEASE, JOINT BASE ELMENDORF-RICH- FIELDS. The PRESIDING OFFICER. For the ARDSON, ALASKA. To mitigate any risk posed to the nuclear information of all Senators, the Senate (a) LEASES AUTHORIZED.— forces of the United States by the failure to is under an order to recess at 12:30 p.m. (1) LEASE TO MUNICIPALITY OF ANCHORAGE.— replace the UH–1N helicopter, the Secretary The Secretary of the Air Force may lease to of Defense shall, in consultation with the The Senator from Oregon. the Municipality of Anchorage, Alaska, cer- Chairman of the Joint Chiefs of Staff— Mr. WYDEN. Mr. President, I ask tain real property, to include improvements (1) decide if the land-based missile fields unanimous consent that Senator thereon, at Joint Base Elmendorf-Richard- using UH–1N helicopters meet security re- MERKLEY, my colleague from Oregon, son (‘‘JBER’’), Alaska, as more particularly quirements and if there are any shortfalls or be allowed to finish his remarks prior described in subsection (b) for the purpose of gaps in meeting such requirements; to the recess. permitting the Municipality to use the (2) not later than 30 days after the date of The PRESIDING OFFICER. Is there leased property for recreational purposes. the enactment of this Act, submit to Con- objection? (2) LEASE TO MOUNTAIN VIEW LIONS CLUB.— gress a report on the decision relating to a The Secretary of the Air Force may lease to request for forces required by paragraph (1); The Senator from Oklahoma. the Mountain View Lions Club certain real and Mr. INHOFE. Mr. President, I ask property, to include improvements thereon, (3) if the Chairman determines the imple- unanimous consent that, at the conclu- at JBER, as more particularly described in mentation of the decision to be warranted to sion of the Senator’s remarks, I be rec- subsection (b) for the purpose of the installa- mitigate any risk posed to the nuclear forces ognized for my remarks for 8 minutes tion, operation, maintenance, protection, re- of the United States— before the recess. pair and removal of recreational equipment. (A) not later than 60 days after such date (b) DESCRIPTION OF PROPERTY.— of enactment, implement that decision; or The PRESIDING OFFICER. Without (1) The real property to be leased under (B) if the Secretary cannot implement that objection, it is so ordered. subsection (a)(1) consists of the real property decision during the period specified in sub- The Senator from Oregon.

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.003 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3491 HAZARDOUS MATERIALS RAIL TRANSPORTATION in. Let’s stop this process of having oil guage. The Senate version has the SAFETY IMPROVEMENT BILL train crash after oil train crash, explo- same language as last year, which Mr. MERKLEY. Mr. President, in sion after explosion, inferno after in- would authorize a pilot program to pri- February of 2015, on Valentine’s Day, a ferno. The damage has gone up dra- vatize five commissaries on five major 100-car Canadian National Railway matically as the transportation of this military bases. But only yesterday, we train hauling crude oil and petroleum oil has gone up dramatically. Incidents received the report from the Secretary distillates derailed in Ontario, Canada. resulted in $30 million in damage last of Defense. We have not yet received The blaze burned for days. year, up from one-fourth of that the the Comptroller General’s review. Two days later, a 109-car CSX oil previous year. Congress asked for this study because train derailed and caught fire near So let’s act. Let’s act aggressively. of concerns about the impact that pri- Mount Carbon, WV, leaking oil into a Let’s act quickly. Senator WYDEN’s act vatization could have on our service- Kanawha River tributary and burning a would take us a powerful stride in the members and the commissary benefit. house to its foundation. The blaze right direction. It seems as if we are taking away bene- burned for weeks. Let’s not look to our citizens and fits. We are working these guys and In November of last year, a dozen towns with rail tracks across this gals harder than we ever have before, cars loaded with crude oil derailed country and simply shrug our shoul- and this is one very significant benefit from a Canadian Pacific Railway train, ders. Instead, let’s say we know we that is there. causing the evacuation of dozens of have a major problem and we are going Senator MIKULSKI and I, along with homes near Watertown, WI. to be diligent and aggressive in solving our now 38 cosponsors—last year it was Let’s take a look at this chart. In all, it. 25—and with the support of 42 outside there have been 32 crashes involving oil The PRESIDING OFFICER. The Sen- organizations are offering a simple trains since 2013. So in less than 4 ator from Oklahoma. amendment that strikes the privatiza- years, there have been 32 crashes. I just AMENDMENT NO. 4204 tion pilot program, allowing Congress highlighted a few of them. We see a Mr. INHOFE. Mr. President, I ask to receive and vet the Secretary of De- massive increase of crude oil trans- unanimous consent to set aside the fense report and the valuation of the ported by rail. Therefore, there is a pending amendment in order to call up Comptroller. corresponding concern because of the amendment No. 4204. This is not the first time this was explosive nature of this product and The PRESIDING OFFICER. Without done. The January 2015 report by the the derailments resulting in explosions objection, it is so ordered. Military Compensation and Retirement and infernos. The clerk will report. Modernization Commission determined Senator WYDEN and I have been call- The senior assistant legislative clerk that commissaries were worth pre- ing for reform. We are going to keep read as follows: serving, and they did not recommend pressing. We need better information privatization. That report took place for first responders on the scheduling The Senator from Oklahoma [Mr. INHOFE] proposes an amendment numbered 4204. almost 2 years ago. of these trains. We need better knowl- When surveyed in 2014, 95 percent of edge of where the foam that can be Mr. INHOFE. Mr. President, I ask the military members were using com- used to respond is stored. We need unanimous consent that the reading of missaries and gave them a 91-percent more foam stored in more places. We the amendment be dispensed with. satisfaction rate. need faster implementation of the The PRESIDING OFFICER. Without According to the Military Officers brake standards and faster implemen- objection, it is so ordered. Association of America, the average tation of the speed standards and faster The amendment is as follows: family of four who shops exclusively at implementation of the railcar tanker (Purpose: To strike the provision relating to commissaries sees a savings of some- standards. the pilot program on privatization of the where between 30 percent to 40 percent. But we have to understand what hap- Defense Commissary System) Mr. President, I have six testimonials pened in every one of these wrecks. Strike section 662. from military members about using Let’s take the same diligence to this Mr. INHOFE. Mr. President, I ask commissaries that I wish to enter into that we take to aviation. We study unanimous consent that the following the RECORD. They said the following: every plane crash to understand what Senators be added as cosponsors to the ‘‘Our family needs the commissary! We went wrong so we can take these les- Inhofe-Mikulski amendment No. 4204: wouldn’t be able to afford a decent amount sons and diminish the odds of it hap- SESSIONS, RUBIO, SHELBY, MORAN, WAR- of groceries for our family if we had to shop pening again. The result is, we have in- REN, PETERS, and MENENDEZ. off post!’’ The PRESIDING OFFICER. Without ‘‘My husband is currently active duty AF, credibly safe aviation. Shouldn’t we and I drive 30 one way just to be able to shop have the same standards when it ap- objection, it is so ordered. at the commissary. We are stationed at a plies to transportation across America Mr. INHOFE. Mr. President, we have base in the middle of nowhere and if I were with trains full of explosive oil running been here before. The same language to shop at our local store, I would pay nearly through the middle of our towns, not that is in the base bill right now was in twice as much. And, I know that a vast ma- just in Oregon but all across this coun- a year ago. On the floor last year, we jority of those stationed where we are use try? Haven’t we learned in crash after passed the Inhofe-Mikulski amend- the commissary for the same reason. And crash after crash that these are not ment, requiring a Secretary of Defense please consider those stationed overseas and report on commissary benefits. It in other rural locations. If the commissaries one-time isolated incidents, but some- were privatized, they could increase the thing that happens with considerable passed by unanimous consent with 25 prices and without competition, our grocery regularity? Can’t we do more? bipartisan sponsors and cosponsors, bill would be significantly higher.’’ Yes, we can. Yesterday, when I and it was supported by 41 outside or- ‘‘Whether I am in the states or overseas I talked to the president of Union Pa- ganizations and by the administration. use my benefits of lower food cost. I’ve been cific, I told him we were going to call It required a study on the impact of in the military for 22 years, I’ve seen a lot of for a moratorium, and Senator WYDEN privatization of commissaries on mili- changes. But this should not be one. If any- and Governor Brown and Representa- tary families before a pilot program on one from your office wants more information feel free to contact me.’’ tives BLUMENAUER and BONAMICI have privatizing could be implemented that ‘‘While there are some items that may be joined in this effort. He heard our was to look at modifications to the found at a lower individual price on the voice. He understands the challenge to commissary system. economy the total combined savings remains these communities and the concerns I am sending the language now, constant.’’ that until the mess is cleaned up and which I will get to in a minute. It re- ‘‘When I went out in town and we tried to until we understand and address the quired a Comptroller General assess- get the same amount, we got about half of fundamental problems that contributed ment of the plan no later than 120 days the groceries that we could afford at the Commissary.’’ to this crash, no more oil should roll after submittal of the report. ‘‘If you want to keep an all-volunteer mili- through the Columbia Gorge. Here is the situation. The House tary, you must keep the benefits that are in That is what we have called for. That passed the fiscal year 2017 NDAA, and place as of today and for the future. All that is what we are going to keep persisting it doesn’t include privatization lan- are serving and have served depend on the

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.026 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3492 CONGRESSIONAL RECORD — SENATE June 7, 2016 commissary and exchange for low-cost goods. Mr. President, I ask unanimous con- bled when called to order by the Pre- If the Commission does not recommend a pay sent to have printed in the RECORD the siding Officer (Mr. PORTMAN). increase, all benefits are extremely needed.’’ Members who are cosponsors and the f Commissaries are required to operate organizations that are supporting the NATIONAL DEFENSE AUTHORIZA- in remote areas. A lot of these objec- Inhofe-Mikulski amendment No. 4204. TION ACT FOR FISCAL YEAR tions are from commissaries in remote There being no objection, the mate- 2017—Continued areas where people don’t have any rial was ordered to be printed in the other place to actually make their pur- RECORD, as follows: The PRESIDING OFFICER. The Sen- chases. INHOFE-MIKULSKI AMENDMENT #4204 ator from Maryland. At a time when thousands of junior AMENDMENT NO. 4204 servicemembers and their families use (1) Boozman (R-Ark.), (2) Boxer (D-Cali.), (3) Brown (D-Ohio), (4) Burr (R-N.C.), (5) Cap- Ms. MIKULSKI. Mr. President, I rise food stamps, we should not be making ito (R-W.Va.), (6) Cardin (D-Md.), (7) Casey today to offer a bipartisan Inhofe-Mi- changes that could increase costs at (D-Pa.), (8) Collins (R-Maine), (9) Gillibrand kulski amendment to the National De- the checkout line. (D-N.Y.), (10) Hatch (R-Utah), (11) Heller (R- fense Act. What does our amendment The commissary benefit encourages Nev.), (12) Hirono (D-Hawaii), (13) Kaine (D- do? It stops the privatization of com- people to reenlist, preserving a well- Va.), (14) Klobuchar (D-Minn.), (15) Lankford missaries, which are an earned benefit trained, dedicated military. It ensures (R-Okla.), (16) Markey (D-Mass.), (17) Menen- for our military and their families. dez (D-N.J.), (18) Moran (R-Kan.). that training investments are well Every year when the Senate debates spent, saving the expense of retraining (19) Murkowski (R-Alaska), (20) Murray (D- Wash.), (21) Nelson (D-Fla.), (22) Peters (D- this bill, we talk about how we love our the majority of the force every few troops and how we always want to sup- years. The commissary savings and Mich.), (23) Rounds (R-S.D.), (24) Rubio (R- Fla.), (25) Schatz (D-Hawaii), (26) Schumer port our military families. But if we proximity and the consistency of the (D-N.Y.), (27) Session (R-Ala.), (28) Shelby (R- really love our troops, we need to make commissaries also encourage spouses, Ala.), (29) Stabenow (D-Mich.), (30) Tester (D- sure our troops have the support they whose opinions may be a deciding fac- Mont.), (31) Tillis (R-N.C.), (32) Udall (D- need. One of the earned benefits that tor in reenlistment decisions. N.M.), (33) Vitter (R-La.), (34) Warner (D- does that is the commissaries. And if I know this is true. Just last Friday Va.), (35) Warren (D-Mass.), (36) Whitehouse we love our troops, why would we want I was at Altus Air Force Base. I went (D-R.I.). to proceed in this direction of privat- into the commissary and talked to 42 ORGANIZATIONS SUPPORTING THIS AMEND- ization? Our troops don’t view com- someone who was reconsidering. It was MENT/OPPOSING PRIVATIZATION LANGUAGE IN the wife of a flyer. Right now one of THE BILL missaries as a subsidy; they view them, the biggest problems we have in the (1) Air Force Sergeants Association, (2) as do I, as an earned benefit. I am Air Force is the pilot shortage. They American Federation of Government Em- fighting here to preserve this piece of said that would be a major determining ployees, (3) American Federation of Labor the earned benefit compensation pack- the factor. So it is the right thing to and Congress of Industrial Organizations age. Teamsters, (4) American Logistics Associa- do. What are the commissaries? Since tion, (5) American Military Retirees Associa- 1826, military families have been able It also provides jobs for families of tion, (6) American Military Society, (7) servicemen. Sixty percent of the com- to shop at a network of stores that pro- American Retirees Association, (8) American vide modestly priced groceries. The missary employees are military re- Veterans, (9) Armed Forces Marketing Coun- lated. The greatest benefit is that their cil, (10) Army and Navy Union, (11) Associa- commissary system is simple: If you jobs are transferable. If they are trans- tion of the United States Army, (12) Associa- are an Active-Duty, Reserve, National ferred from one place to another, they tion of the United States Navy, (13) Fleet Re- Guard, retired member, or a military are already trained and ready to go. serve Association, (14) Gold Star Wives of family member, you have access to As I said, the Department of Defense America. more than 246 commissaries worldwide. delivered their report only yesterday (15) International Brotherhood of Team- They give military members and their and no one has had a chance to really sters, (16) Iraq and Afghanistan Veterans of families affordability and accessibility America, (17) Jewish War Veterans of the to health foods. go over it. The mandated GAO review United States of America, (18) Military Order Senator INHOFE spoke earlier about of this plan is now under way. Of of Foreign Wars, (19) Military Order of the course, it could be up to 120 days after Purple Heart, (20) National Defense Com- where these commissaries are. Some this for the next step to become com- mittee, (21) National Guard Association of are located in our country, and some in pleted. the United States, (22) National Military remote areas, and over 40 percent are The report supports section 661 of the Family Association, (23) National Military either in remote areas or overseas. Senate bill regarding optimization of and Veterans Alliance, (24) Military Partners Last year Senator INHOFE and I stood operations consistent with business and Families Coalition, (25) Military Officers up for military family benefits to stop practices, but it doesn’t affect 662. Association of America, (26) National Asso- privatization. Congress adopted our ciation for Uniformed Services, (27) Society That is the section where we had the amendment, but in doing so required a of Military Widows, (28) The American Mili- DOD study assessing privatization, pilot program. tary Partner Association, (29) The Coalition We have addressed this before, but to Save Our Military Shopping Benefits, (30) which would affect commissaries. We the report also acknowledges that pri- The Flag and General Officers Network. needed to understand how privatization vatization would not be able to rep- (31) Tragedy Assistance Program for Sur- would affect levels of savings, quality licate the range of benefits, the level of vivors, (32) The Retired Enlisted Association, of goods, and impact on families. DOD savings, and geographic reach provided (33) Uniformed Services Disabled Retirees, finally gave us the report on June 6, by DeCA while achieving budget neu- (34) United States Army Warrant Officers As- 2016. So they dropped the report on D- trality. sociation, (35) Veterans of Foreign Wars, (36) day. And guess what. It reaffirms what It states that the Department of De- Vietnam Veterans of America, (37) Iraq and Afghanistan Veterans of America, (38) Na- Senator INHOFE and I have been saying: fense—and I am talking about the re- tional Industries for the Blind, (39) Naval En- We should not privatize commissaries port from the Department of Defense— listed Reserve Association, (40) Reserve Offi- without additional study. The report is is continuing its due diligence on pri- cer Association, (41) Enlisted Association of simple and straightforward: We should vatization by assessing the privatiza- the National Guard of the United States, (42) not proceed with the privatization or a tion-involved portions. They are al- The American Legion. pilot on privatization until further ready doing that right now. In fact, Mr. INHOFE. Mr. President, I yield study. some things have already been back the remainder of my time. First, DOD has demonstrated that privatized, such as the delis, the bak- f privatization cannot replicate the sav- eries. They have been privatized al- ings the current commissary system ready in those areas and that is actu- RECESS provides. Second, privatization signifi- ally working. So privatizing military The PRESIDING OFFICER. Under cantly reduces the benefits available to commissaries before having a full as- the previous order, the Senate stands commissary patrons. And privatization sessment of the costs and benefits is in recess until 2:15 p.m. would dramatically reduce the work- not the responsible thing to do. We owe Thereupon, the Senate, at 12:53 p.m., force, which is where so many military that to our members. recessed until 2:15 p.m. and reassem- families work. The DOD cannot move

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.006 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3493 forward with privatization with a large some other toolkits to do before we go ing lung cancer. Traumatic brain in- number of unknowns. off on this approach to privatizing jury research led to the development of We must honor the DOD request and without analyzing. So I am for ana- two FDA-cleared devices to screen for fully evaluate the implications of pri- lyzing and then looking at the next and identify TBI in military members. vatization before we make drastic step. Amputee care research led to the de- changes that hurt our military fami- The report this year just arrived. I velopment of amputee trauma trainer, lies. That is why everyone should sup- know the authorizing committee didn’t a device which replicates blast injuries port the Inhofe-Mikulski amendment. have the benefit of it. So I hope we will from IEDs in war zones. It trains physi- Our amendment is straightforward. stick with Senator INHOFE and me, re- cians to better respond to war injuries. It strikes bill language authorizing a ject this amendment, look out for our Some of the DOD’s regenerative med- pilot program privatizing com- troops, and let’s explore other ways to ical breakthroughs are so astonishing missaries. It is supported by 41 organi- achieve budget neutrality, but let’s not you would think you were reading zations—the American Logistics, the just arbitrarily single out this earned science fiction. The Department’s med- National Guard Association, the Na- benefit for cost savings. ical program supported the first ever tional Military Family Association. Mr. President, the chair of the Armed double hand transplantation on a com- Privatizing commissaries is penny Services Committee looks like he is bat-wounded warrior. Wow—so proud wise and pound foolish. If we care eager to speak, but I also want to say that this ground-breaking procedure about the health of our troops, we must that I support the Durbin amendment was developed and performed at Johns reject this. we will be voting on later on this after- Hopkins. This is just a snapshot. The I have been to the commissaries in noon. I am a strong supporter of DOD’s list of successes are as long as they are Maryland. Go to the one at Fort Congressionally Directed Medical Re- inspiring. Meade. Fort Meade is a tremendous search Program. I was very concerned For years, opponents of DOD’s med- place. We might not deploy troops the about the bill language. I understand ical research program have argued way Fort Bragg or Camp LeJeune does, the need for regulation but not stran- against this program. They say, ‘‘Oh, but what we do there is phenomenal. gulation. What is proposed in this bill this research is duplicative. Oh, this re- There are 58,000 people who work at would be so onerous, I am worried it search should only benefit active mili- Fort Meade. We are in the heart of would stop this research altogether. We tary.’’ Well, I say ‘‘no’’ to both argu- Maryland, which has such a strong can’t let that happen, and Senator ments. military presence, both Army and DURBIN’s amendment would ensure First, DOD’s research is complemen- Navy. If you came to the commissary that this program is allowed to con- tary to NIH’s research but is not dupli- with me, you would see it as a nutri- tinue its lifesaving discoveries. This cative or redundant. In fact, the De- tional settlement house. You would congressionally mandated research has partment’s research grants are peer-re- really like it because you see people done so much good in so many areas, viewed by doctors, scientists, advo- there, first of all, of all ranks and ages and we have large numbers of groups— cates, and Federal agencies to ensure mingling together. You might see a from the Breast Cancer Coalition to there is not duplication in efforts. The young woman who is married to an en- the disabled veterans themselves—who Institute of Medicine has reviewed listed member of the military, and she support the Durbin amendment. DOD’s program and found it to be effi- is learning a lot about food and nutri- I have been supporting this program cient and effective. tion. She is getting advice, and she is for more than 25 years. It all started in Second, we know the diseases studied getting direction, in addition to saving 1992 when the breast cancer community by DOD affect both active military and money. Also, if you go there, you was looking to create a new research their families. Imagine if we refused to would see oldtimers, who—although program. And by the way, the breast allow DOD to study breast cancer in they are counting their pennies, they cancer advocates were just as orga- 1992 simply because there were fewer are counting their blessings that they nized, mobilized, and galvanized back woman serving? We wouldn’t have the have this commissary to be able to go then as they are today. The advocates advances that we do today saving lives to. knew that DOD ran the largest health and improving lives. Taking care of When I say a settlement house, it is system in the country and envisioned a military families is an essential part of a gathering to learn about food, about new research program that was peer-re- our promise to our men and women in nutrition, about a lot of things. It viewed and included input from not uniform. often offers healthier food at cheaper just scientists but also advocates. This We have an opportunity to block this prices. was a new concept at the time that the misguided language in the underlying When I talked with our garrison com- needs of a community affected by dis- bill that would have terrible con- mander about something he and I ease would be considered when deter- sequences for medical research. The worked on together called the Healthy mining research priorities. discoveries and treatments speak for Base Initiative, he said that what we So we started with breast cancer in themselves. I urge my colleagues to were doing there was so phenomenal. 1992 and quickly expanded to look at support Senator DURBIN’s amendment. We worked to bring in things like salad other illnesses and conditions. Since Mr. President, I yield the floor. bars and some of the more modern 1992, Congress has provided more than The PRESIDING OFFICER. The Sen- kinds of things. This was just phe- $11.7 billion to fund more than 13,000 ator from Arizona. nomenal. research grants. Today DOD’s medical AMENDMENT NO. 4204 So, first, we need commissaries. Sec- research program studies prostate can- Mr. MCCAIN. Mr. President, we will ond, if we are looking at how to make cer, ALS, traumatic brain injury, mul- probably discuss this some more—this the budget neutral, and I don’t argue tiple sclerosis, lung cancer, ovarian issue of the privatization—later on be- with that point, the DOD study itself cancer, autism, amputation research, fore we actually vote on the amend- says we need to explore two things: and many others. And I am so proud ment, but this is a classic example of a other ways of achieving budget neu- that research is conducted at Fort distortion of an issue which could save trality—and they had some sugges- Detrick in Maryland, Johns Hopkins, the taxpayers $1 billion that we sub- tions—and also explore with the pri- and the University of Maryland. sidize the commissary system. It is not vate sector who would be interested in Almost immediately, Congress’s in- privatizing, I say to the Senator from privatization whether it would result vestment in DOD’s medical research Maryland; it is a pilot program of in cost savings without costing the program paid off—and with dividends. five—count them, five—military bases. benefits, meaning what is really sold Breast cancer research led to the devel- There are companies and providers of there in nutrition. There are a lot of opment of Herceptin, a standard care food and services that are ready to try new and wonderful ideas. My father ran for the treatment of breast cancer. to establish on bases. We are not tak- a small grocery store. He would be Lung cancer research led to creation of ing away a single commissary. We are amazed at what grocery stores are now. the first lung cancer bio-specimen re- not closing a single one—not one. But But things like going to private label- pository with clinical and outcome what we are trying to do is—if you ing, better management—the DOD has data available to all researchers study- want to have a hamburger at Burger

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.032 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3494 CONGRESSIONAL RECORD — SENATE June 7, 2016 King or McDonald’s or Dunkin’ Donuts burden on the men and women who are living in locations that are not profit- or use UPS, you can go on a military serving. I have talked to hundreds of able for private sector grocers. These base and they will provide you that men and women who are serving. I said commissaries are made possible by the service. The government doesn’t do it. ‘‘How would you like to have Safeway appropriated funds subsidy and by op- They don’t make hamburgers. They on the base? How would you like to erating efficiencies and volumes of the don’t carry mail. All of a sudden, now have Walmart?’’ and they said ‘‘Gee, I large statewide stores. It is not only we have to have more studies. The real would really like that’’ because they taxpayers they are subsidizing. Over 40 study would be a pilot program which get a wider and diverse selection from percent of commissaries’ appropriated proves successful. which to choose—not to mention, al- budget provide commissary services By the way, if you ask the men and though it doesn’t seem to matter overseas and in remote locations. Do women who are in the military ‘‘Would around here, it might save $1 billion for you think they are going to be part of you like to shop at Walmart or the taxpayers. But what is $1 billion? privatization? They are going take Safeway or one of these others if it is We are going to spend a couple billion what they want, where they can make convenient?’’ do you know what the dollars just on medical research— money, and then these others are going answer is? ‘‘Of course. Yes.’’ Because which the Senator from Maryland obvi- to be defunded because, yes, you might there is more variety and there are ously is in favor of—calling it in the talk about what the taxpayers sub- lower prices. name of defense, when it absolutely sidize, but at large, more profitable Does my colleague, the Senator from should be funded by other branches of commissaries are also a cross-subsidy Maryland, know that we are spending the Appropriations Committee, rather to those that are in the more remote over $1 billion of taxpayer money on than the Willie Sutton syndrome and areas or overseas. these commissaries every year, when taking it out of defense. Commissaries provide a benefit to we could probably do it for nothing or All I can say to the Senator from servicemembers in the form of savings, even charge these groups or commer- Maryland is that all we are talking proximity, and consistency that in cial enterprises that would like to about is giving it a try in five places. some ways the commercial grocery sec- come, in a pilot program, to a military Let’s not go to general quarters about tor, which must operate for profit, base? This is crazy. Fort Belvoir Com- an attempt to see if we can save the might find difficult to sustain. missary right here, the highest taxpayers $1 billion a year. We are not Business is business. We know how grossing store in the system, loses 10 going to close any commissaries in any the defense contractor game works. We cents on every dollar of goods it pro- remote bases. We are not doing any- know how the contractors are. They go duces and sells, and guess who covers thing but a five-base pilot program. where they can make money. That those losses. The taxpayers of America. That is all there is to this amendment, doesn’t necessarily mean they go where It is not an attempt to take away the and to portray it as anything else is a they serve the Nation. I have great re- commissary benefits; it is an attempt distortion of exactly what the legisla- spect for our defense contractors. Many to see if the men and women in the tion has clearly stated its intent to be. of them are either headquartered in military and all their dependents I yield the floor. Maryland or serve Maryland, but let’s around the bases might get a better The PRESIDING OFFICER. The Sen- face it, their business is to make product at a lower price. That is what ator from Maryland. money, not necessarily to serve the five—count them, five—privatizations Ms. MIKULSKI. Mr. President, de- troops. If they can make money serv- are attempting to try. spite what was just said, I am not in ing the troops, they will make money Yesterday, we received the Depart- the pocket of something called grocery and want to have stores where they can ment of Defense report on its plan to brokers. I am not here showing for make money. That doesn’t deal with modernize the commissary and ex- something called grocery brokers. I am the remote area. Let’s hear it from our change systems. In that report, DOD here to stand up for military and mili- Alaskan people, let’s hear it from the stated that private sector entities are tary families. I want the record to overseas people, and so on. ‘‘willing to engage in a pilot program.’’ show that. I don’t even know what gro- All I am saying is, while we continue DOD has told us that at least three cery brokers are. I know what a gro- on the path to explore either complete major private sector entities are inter- cery store is because my father ran budget neutrality or to achieve budget ested in testing commissary privatiza- one, I worked in one and learned a lot neutrality, the Department of Defense tion. This has led DOD to publish a re- from the kind of values my father ran says it needs more analysis on what it quest for information to industry to his business on. can do with itself and what the private give feedback on how a privatization Let’s talk about the DOD-mandated sector is talking about. pilot program could work. So why report that we did last year when we There are three major private sector would my colleague support an amend- discussed this. The report acknowl- companies that have expressed inter- ment that would delay what needs to edges that privatization would not be est. I would want to know, are they be done? able to replicate the range of benefits, going to cherry-pick or are they going This is really all about an outfit the level of savings, and the geographic to be like Little Jack Horner waiting called the grocery brokers. That indus- reach provided by the commissaries to get their hands on a plum? I am for try has been working overtime to stop while achieving budget neutrality. the whole fruit stand, and I want it at this pilot program because if it is suc- DOD is continuing its due diligence on the commissaries. cessful, privatization would destroy privatization. It is still assessing the This has been a good exchange, and I their successful business model because privatization of all or portions of the respect my colleague from Arizona in they wouldn’t have to use the grocery commissary system. the way he has stood up for defense. I brokers. That is what this is all about, What I worry about is cherry-pick- know he wants to serve the troops as my friends. ing. ‘‘Oh, we are going to privatize.’’ well. So let’s see where the votes go, So rather than paying over $1 billion They are going to do it in the lucrative and we look forward to advancing the a year to be in the grocery business, markets, in the Baltimore-Washington cause of the national security for our privatization might provide—I am not corridor, but right now our com- Nation. saying it will, but it might provide the missaries, owned by the United States I yield the floor. Department of Defense with an alter- of America for the troops defending the The PRESIDING OFFICER. The Sen- native method of giving the men and United States of America, are required ator from Arizona. women in the military and our retirees to operate where the servicemembers Mr. MCCAIN. Mr. President, I thank high-quality grocery products, higher are, even when it would not be eco- the Senator from Maryland. I always levels of customer satisfaction, and nomically beneficial from a commer- enjoy spirited discussion with her. She discount savings, while reducing the fi- cial standpoint. Go ahead with this pri- is a wonderful public servant, and I am nancial burden on taxpayers. We need vatization myth, fantasy, or delusion going to miss her in this institution be- to have a pilot program for sure. that they are not going to cherry-pick. cause she has an honorable record of Five pilot programs is not the end of More than two-thirds of the com- outstanding service, and I always enjoy civilization as we know it. It is not a missaries serve military populations doing combat.

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.033 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3495 I yield the floor. innocent people in the United States North Korean leadership for its hos- The PRESIDING OFFICER. The ma- and, unfortunately, as we have seen in tilities. jority whip. Europe as well. We can’t continue down the reckless HEAR ACT As we think about the legacy of this path of ignoring challenges around the Mr. CORNYN. Mr. President, earlier President and his administration when world or retreating where people are today, the Senate Judiciary Sub- it comes to foreign policy, I am re- looking for American leadership. That committee on the Constitution con- minded of the comments by former is why it is so critical that we dem- vened a hearing on a piece of legisla- President Jimmy Carter, a Democrat, onstrate our commitment to our men tion I introduced with several of my commenting on another Democratic and women in uniform by passing this colleagues called the Holocaust Expro- President’s foreign policy. When he was important Defense authorization bill priated Art Recovery Act, or the HEAR asked, he candidly admitted and said: I this week. Act. This bill is long overdue, and like can’t think of a single place in the We have an all-volunteer military, most pieces of good legislation, it is world where the United States is better and that is a good thing. We have many pretty straightforward. off or held in higher esteem than it was patriots who join the military, train, During the Holocaust, Nazis regu- before this administration. He called and then are deployed all around the larly confiscated private property, in- the impact of President Obama’s for- world, as directed by the Commander cluding artwork, adding one more of- eign policy minimal. I would suggest in Chief, but the idea that we would fense to their devastating reign. Today, that is awfully generous, if you look not follow through on our commitment the day after the anniversary of D-day around the world, the threats of a nu- to make sure they have the resources they need is simply unthinkable. and decades after World War II ended, clear-armed North Korea, which has I hope we will continue to make there are still families who haven’t intercontinental ballistic missiles it progress on the Defense authorization been able to get their stolen artwork or has tested in creating an unstable envi- bill and make sure we provide the re- family heirlooms back. ronment there with our ally and friend sources, equipment, and authorization The HEAR Act will support these vic- to the south, South Korea, if you look they need in order to defend our coun- tims by giving them a chance to have at what is happening in Europe as the try. Let’s get the NDAA, the Defense their claims decided on the merits in a newly emboldened Putin has invaded authorization bill, done this week. court of law and hopefully facilitate Crimea and Ukraine with very little I yield the floor. the return of artwork stolen by Nazis consequences associated with it. I have I suggest the absence of a quorum. to their rightful owners. That is why said it before and I will say it again, The PRESIDING OFFICER. The we called the hearing ‘‘Reuniting Vic- weakness is a provocation. Weakness is clerk will call the roll. tims with Their Lost Heritage.’’ It is a provocation to the world’s bullies, The senior assistant legislative clerk true that Hitler’s final solution in thugs, and tyrants, and that is what we proceeded to call the roll. World War II was not just the extermi- see in spades. Mr. MCCAIN. Mr. President, I ask nation of the Jewish people but erasing In the Middle East, President Obama unanimous consent that the order for their culture. This was part of the talked about a red line in Syria when the quorum call be rescinded. overall plan in Hitler’s final solution. chemical weapons were used, but then The PRESIDING OFFICER. Without This legislation will help those who when Bashar al-Assad saw that there objection, it is so ordered. had vital pieces of their family and cul- was no real followthrough on that, it The Senator from Arizona. tural heritage stolen to find justice. was a hollow threat and indeed he just SYRIA This legislation is also consistent kept coming, barrel-bombing innocent Mr. MCCAIN. Mr. President, while we with our country’s diplomatic efforts civilians in a civil war which has now are waiting for others to speak on the and longstanding congressional policy. taken perhaps 400,000 lives. Then, we floor, I think it is important to take a I am grateful to my colleague from have seen it in the South China Sea, moment to talk about the lead edi- Texas, Senator CRUZ, as well as the where China, newly emboldened, is lit- torial in this morning’s Washington senior Senator from New York, Mr. erally building islands in the middle of Post, which describes the events tran- SCHUMER, and Connecticut, Senator the South China Sea—one of the most spiring in Syria, as we speak. The lead editorial says: BLUMENTHAL, for joining me in intro- important sealanes to international ducing this bipartisan piece of legisla- commerce and trade in Asia. Empty words, empty stomachs. Syrian tion. I hope the Senate Judiciary Com- children continue to face starvation as an- I will quote on North Korea again. other Obama administration promise falls by mittee will mark this up soon and the Former Secretary of Defense Leon Pa- the wayside. full Chamber will consider it soon. netta said: ‘‘We’re within an inch of This is a devastating and true story. Mr. President, separately, as we con- war almost every day in that part of tinue our work on the Defense author- It’s been nearly six months since the U.N. the world,’’ talking about Asia, with Security Council passed a resolution de- ization bill, I want to talk for a mo- the threat of China in the South China manding an end to the bombing and shelling ment about how important that is. Sea, North Korea. As far as North Ko- of civilian areas in Syria and calling for im- Yesterday I spent some time talking rean aggression is concerned, this ad- mediate humanitarian access to besieged about the threats not only to our ministration has basically done noth- areas. It’s been four months since Secretary troops overseas who are in harm’s way ing to counter that aggression. of State John F. Kerry described the sieges but threats that those of us here at Under the President’s watch, this re- as a ‘‘catastrophe’’ of a dimension unseen since World War II and said that ‘‘all parties home are experiencing as a result of a gime has grown even more hostile and of the conflict have a duty to facilitate hu- more diversified array of threats than more dangerous because it is so unsta- manitarian access to Syrians in desperate we have ever seen in the last 50 years. ble. In fact, when she was Secretary of need.’’ I say ‘‘50 years’’ because the Director State, Secretary Clinton testified in Those were the words of Secretary of of National Intelligence, James Clap- her confirmation hearing that her goal State John Kerry back in February. per, has served in the intelligence com- was ‘‘to end the North Korean nuclear The editorial continues: munity for 50 years, and that is what program.’’ That is what Secretary Clin- By Monday, there still had been no food de- he said—we have a more diverse array ton said. Her goal was to end the North liveries to Darayya in the Damascus sub- of threats today than he has seen in his Korean nuclear program. She even urbs, the al-Waer district of Homs or several whole 50-year career. That includes promised to embark upon a very ag- of the other 19 besieged areas, with a popu- here at home because it is not just peo- gressive effort to that effect. lation of more than 500,000, identified by the United Nations. Nor had there been airdrops. ple traveling from the Middle East to We know what happened. Instead, she None have been organized, and U.N. officials the United States or people coming adopted what was later say none are likely in the coming days. An- from the United States over to the euphemistically called strategic pa- other deadline has been blown, another red Middle East training and then coming tience. That is just another way of say- line crossed—and children in the besieged back. It is also about homegrown ter- ing doing nothing. In other words, this towns are still starving. rorists—people who are inspired by the more laid-back approach is simply lost This is heartbreaking. It is heart- use of social media and instructed to on tyrants like we see in North Korea, breaking. It is heartbreaking. Children take up arms where they are and kill and it certainly didn’t punish the in besieged towns are still starving.

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.034 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3496 CONGRESSIONAL RECORD — SENATE June 7, 2016 The editorial continues: Mr. DURBIN. Mr. President, is there goods and services that is being pro- Over the weekend, Russian and Syrian an order of business that has been cured by the Department of Defense, planes— agreed to by unanimous consent? and Senator MCCAIN would send them Our allies, the Russians— The PRESIDING OFFICER. The time at least 2,433 more audits next year. heavily bombed civilian areas in rebel-held until 4 p.m. is equally divided. Taxpayers deserve to know that their areas of Aleppo and Idlib. The Syrian Observ- Mr. DURBIN. Mr. President, I find it money is well spent. The existing sys- atory for Human Rights said 500 civilians, in- hard to understand why anyone would tem does just that. A grant application cluding 105 children, had been killed in 45 want to eliminate funding for mili- now is carefully scrutinized, and consecutive days of bombing in Aleppo. The tarily relevant defense medical re- throughout the 24-year history of this ‘‘cessation of hostilities’’ negotiated by Mr. search—research that offers families Kerry in February, which was never fully ob- Defense research program, there have served by Russia and Syria, has been shred- hope and improves and saves lives—es- only been a handful of instances where ded. pecially now. When you look at the serious questions have risen. No grant And the Obama administration’s response? body of medical research across all makes it through this process without It is still waiting patiently for the regime of Federal agencies, we are getting closer first showing clear military relevance. Bashar al-Assad to stop dropping barrel to finding cures for certain cancers, If an applicant fails that test, it is bombs from helicopters on hospitals and closer than ever to understanding how over. If they clear it, they will be sub- allow passage to aid convoys. It is still ask- to delay the onset of neurological dis- ing politely for Russia to stop bombing West- ject to a host of criticism and scrutiny ern-backed rebel units and to compel the eases like Alzheimer’s and Parkinson’s, by researchers, and then representa- Assad regime to follow suit. ‘‘We expect the closer than ever to developing a uni- tives from the National Institutes of regime to live up to its commitments,’’ said versal flu vaccine. Now is the time to Health and the Department of Veterans a State Department statement Monday. ‘‘We be ramping up our investment in med- Affairs sit down and measure each ask Russia to use its influence to end this in- ical research, not scaling it back. Yet, grant against existing research. These humane policy.’’ As for airdrops, ‘‘that’s a there are two provisions in this De- rules are in place to protect taxpayers’ very complex question,’’ said a spokes- fense authorization bill that would ef- woman. dollars, and they do. Senator MCCAIN is The promise of air delivery, it turns out, fectively end the Department of De- now seeking to add miles of redtape to was entirely rhetorical. On May 26, two sen- fense medical research program. These a program in the name of protecting it. ior U.N. officials publicly warned that a U.N. two provisions are dangerous. They cut His provisions go too far. air bridge could not be established without medical research funding, which will The Coalition for National Security permission from the Assad regime—the same cost lives—military lives and civilian Research, which represents a broad co- regime that was blocking food deliveries by lives. That is why I filed a bipartisan alition of research universities and in- land. They called on the United States and amendment, together with Senator Russia to ‘‘find a way’’ to begin the oper- stitutes, wrote: ‘‘These sections’’—re- ation. But neither the United States nor COCHRAN, the Republican chairman of ferring to Chairman MCCAIN’s sec- Britain, the original proponent of the air- the Senate Appropriations Committee, tions—‘‘will likely place another ad- drops, acted to make an operation possible. which will be considered by the Senate ministrative burden on the DOD sci- Instead, they issued appeals to the Russian this afternoon. entific research enterprise and slow the government—the same government that is My legislation would remove Chair- pace of medical innovation.’’ systematically bombing civilian neighbor- man MCCAIN’s provisions so that life- When we asked the Department of hoods of Aleppo and Idlib. saving research at the Department of Defense to give us their analysis of The British ambassador to the United Na- tions hinted on Friday that if the Assad re- Defense can continue. Senator Chairman MCCAIN’s provisions, they gime kept preventing land and air raid deliv- MCCAIN’s two provisions, found in sec- concluded—after looking at all of the eries, his government ‘‘will consider other tions 756 and 898, work hand in hand to redtape created by Senator MCCAIN— actions.’’ The French ambassador to the end the Department of Defense medical that these issues would lead to the fail- United Nations said ‘‘the Syrian regime is research program. ure of the Congressionally Directed continuing to systematically starve hun- His first provision requires the Sec- Medical Research Program. That is dreds of thousands of civilians. These are retary of Defense to certify that each clear and concise, and, sadly, it is accu- war crimes . . . There is a strong momentum medical research grant is ‘‘designed to here in the Security Council . . . to say rate. ‘enough is enough.’ ’’ directly promote, enhance, and restore What Senator MCCAIN has proposed Strong words. Those are a Kerry specialty, the health and safety of members of as a new administrative bureaucratic too. People in the besieged towns are ‘‘eating the Armed Forces’’—not veterans, not burden on medical research at the De- leaves and grass or animals of one kind or retirees, not spouses of military mem- partment of Defense is not fiscally re- another that they can manage to capture,’’ bers, and not children of military fami- sponsible, it doesn’t protect taxpayers, Mr. Kerry declared. Humanitarian access, he lies. In my view, they are all part of and it is not in pursuit of small govern- said, ‘‘has to happen not a week from now . . . it ought to happen in the first days.’’ our national defense, and they should ment by any means. These provisions That was on February 2. all be covered by the DOD health care are simply roadblocks. On February 2, the Secretary of system and research. Let’s talk for a minute about the Senator MCCAIN’s second provision, State declared humanitarian access medical research funded by the Depart- section 898, would require that medical where 500,000 people were starving. On ment of Defense. Since fiscal year 1992, February 2, he said that the humani- research grant applicants meet the this program has invested $11.7 billion tarian access ‘‘has to happen not a same accounting and pricing standards in innovative research. The U.S. Army week from now . . . it ought to happen that the Department requires for pro- Medical Research and Materiel Com- in the first days.’’ It is shocking and curing contracts. This is a dramatic mand determines the appropriate re- disgraceful. We should all be ashamed. change in the law. It is the imposition search strategy. They looked for re- By the way, the people who we are of miles of redtape on every medical re- search gaps, and they want to fund training to fight against ISIS are pro- search grant. The regulations that he high-risk, high-impact research that hibited from fighting against the guy has subjected them to apply to private other agencies and private investors who is barrel-bombing and killing companies that sell the Department of may be unwilling to fund. these thousands of men, women, and Defense goods and services, such as In 2004, the Institute of Medicine, an children—Bashar al-Assad. It is insan- weapon systems and equipment. independent organization providing ob- ity. History will judge this administra- Among other things, it would require jective analysis of complex health tion and its actions not only with the Defense Contract Audit Agency, or issues, looked at the DOD medical re- anger but with embarrassment. This is DCAA, to conduct at least one, and search program, and they found that a shameful chapter in American his- probably several, audits on each grant this program ‘‘has shown that it has tory. recipient. Do you know what that been an efficiently managed and sci- I note the presence of the Senator means? It means there will be 2,433 entifically productive effort.’’ The In- from Illinois. more audits each year by the Defense stitute of Medicine went on to say that I yield the floor. Contract Audit Agency. How are they this program ‘‘concentrates its re- The PRESIDING OFFICER. The Sen- doing with their current workload? sources on research mechanisms that ator from Illinois. They are behind on $43 billion worth of complement rather than duplicate the

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.036 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3497 research approaches of the major research is directly related to our mili- I mentioned earlier the advance- funders of medical research in the tary and our military community. ments that were made in breast cancer United States, such as industry and the Breast cancer research started this research. In 1993, the Department of National Institutes of Health.’’ This medical research program in the De- Defense awarded Dr. Dennis Slamon has been a dramatically successful pro- partment of Defense. It was given a two grants totaling $1.7 million for a gram. mere $46 million at the start. Over the tumor tissue bank to study breast can- I would like to point to a couple of span of the life of medical research pro- cer. He began his work several years things that need to be noted in the grams at the Department of Defense, a earlier with funding from the National RECORD when it comes to the success of little over $11 billion has been spent. Cancer Institute, but researchers still this program. This morning Senator Almost one-third of it has gone to lacked the regular source of breast tis- MCCAIN raised a question about fund- breast cancer research, and they have sue from women. That is when the DOD ing programs that relate to epilepsy come up with dramatic, positive re- funding made a difference. Dr. and seizures when it comes to the De- sults, such as the development of this Slamon’s DOD-funded work helped to partment of Defense medical research drug Herceptin. develop Herceptin, which I mentioned program. In a recent video produced by The point I am getting to is this. If earlier. the Citizens United for Research in you believe the military consists of At lunch just a few minutes ago, we more than just the man or woman in a Epilepsy, they share heartbreaking sto- heard from Senator BARBARA MIKULSKI. uniform but consists of their families ries of veterans suffering from post- She told about the lonely battle which and those who have served and who are traumatic epilepsy and the recovery she fought for years for women to get now veterans, if you believe their med- challenges they face. They shared the medical research. Sadly, the National ical outcomes are critically important story of retired LCpl Scott Kruchten. Institutes of Health and other places to the future of our military, then you His team of five marines, during a rou- were doing research only on men. can understand why medical research tine patrol, drove over an IED. He was Thank goodness Senator MIKULSKI and programs such as this one, which would the only survivor. He suffered severe others spoke up. They spoke up and be virtually eliminated by Chairman brain injury. Lance Corporal Kruchten NIH started changing its protocols. suffered a seizure inside the helicopter MCCAIN’s language, is so important for the future strength of our men and Then they went to the Department of while they were transporting him to Defense and said: We want you to focus Baghdad for surgery. He has been on women in uniform and the people who support them. on breast cancer, if you will, for the medication ever since. In fact, seizures emerging role of women in our mili- set back all of the other rehabilitation Let me tell you about a constituent who wrote me last month. This photo tary, and they did with dramatic re- programs that injured veterans partici- sults. Now comes a suggestion from pate in and greatly slow their recovery. shows Linda and Al Hallgren. Al is a U.S. veteran, survivor of bladder can- Chairman MCCAIN that we are to put Since the year 2000, over 300,000 Ac- an end to this research. We should bur- tive-Duty military servicemembers cer. Linda wrote to me and said: When my husband was originally diagnosed den it with more redtape. I don’t think have experienced an incident of trau- it makes sense. It certainly doesn’t matic brain injury. Many of them are in 2013, our only options were bladder re- moval followed by chemotherapy. Prognosis make sense for the men and women at risk of developing epilepsy. Post- based on his cancer was months to a year or serving in the military and the spouses traumatic epilepsy comprises about 20 so. There were so many questions that came of the men who serve in the military percent of all symptomatic epilepsy. to mind, primarily around, ‘‘How did I get who certainly understand the impor- According to the American Epilepsy this?’’ tance of this research. Society, over 50 percent of traumatic But as she pointed out to me, Al is a DOD-funded research developed a brain injury victims with penetrating fighter, a survivor. Two years later, neurocognitive test for diagnosing Par- head injury from Korea and Vietnam here they are, the two of them, enjoy- kinson’s disease. The Department of developed post-traumatic epilepsy. The ing a ride on a motorcycle. Defense research also identified addi- research we are talking about is rel- When she passed along this photo, tional genetic risk factors for devel- evant to the military. It is relevant to here is what she said: ‘‘We continue to oping the disease, including two rare hundreds of thousands who have faced fight the battle and take moments out variants that we now know connect the traumatic brain injury. I don’t know to enjoy life to the fullest one day at a risk for Parkinson’s with traumatic in- why Chairman MCCAIN pointed that time.’’ jury to the head. What we find when we out this morning as an example of re- She noted in her letter that there are look at the list of research, such as search that is unnecessary to the De- many risks with bladder cancer associ- Parkinson’s disease, and question why partment of Defense. It is clearly nec- ated with military service. Smoking is that has any application to the mili- essary for the men and women who the leading cause. The incidence of tary, it is that they knew there was an serve our country. smoking among our military members Let me say a word about breast can- is entirely too high. application, they knew there was a cer too. In 2009, after serving the Air The Institute of Medicine also took a connection, and it was worth seeking. Force for over 25 years, SMSgt Sheila look at the use of Agent Blue from 1961 Here is the bottom line. People have Johnson Glover was diagnosed with ad- to 1971 in the Vietnam war and its link- lived longer and more productive lives vanced stage IV breast cancer which age to bladder cancer. It is the fourth because of DOD-funded medical re- had spread to her liver and ribs. She most commonly diagnosed cancer search, and we have an opportunity to said breast cancer cut her military ca- among veterans but only the 27th high- help even more people if my amend- reer short. She was treated with est recipient of Federal research. So ment passes and we defeat the lan- Herceptin, a drug developed with early the story of this family and what they guage that is in this Defense authoriza- support from the Department of De- have been through raises an important tion bill. fense medical research funding. Ac- question. Do we have an obligation to Sixty-three Senators from 41 States, cording to Sheila, ‘‘It is a full circle this individual who served our country, both sides of the aisle, requested in- with me, giving 25 years of service in served it honorably, came home and creases in medical research for our the DOD and the Department of De- suffered a serious medical illness? Do next fiscal year. We can’t earmark fense giving me back my life as a we have an obligation, through medical where that research is going to take breast cancer patient.’’ research, to try to find ways to make place—that goes through a professional Sheila is not alone; 1 out of every 8 his life better, to make sure we spare process—but you can certainly point women is at risk of developing breast him the pain that is associated with out to the Department of Defense areas cancer in her lifetime and 175,000 many of the things that are linked to where they might have some interest, women are expected to be diagnosed his service in our military? Of course, and they make the final decision. with the disease each year. With more we do. So why do we go along with this If the McCain provisions become law, than 1.4 million Active-Duty females language that the chairman put in his they put an end to research programs and female spouses under the Federal authorization bill to eliminate these requested by a supermajority of the military health system, breast cancer medical research programs? Senate.

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.037 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3498 CONGRESSIONAL RECORD — SENATE June 7, 2016 Mr. President, how much time have I I want to compliment Senators ess as any other contractor to get used and how much time currently re- MCCAIN and REED for looking at the money from the Department of De- mains? way the military is being run and try- fense. That means they are in the same The PRESIDING OFFICER (Mr. ing to make it more efficient, under- boat as anybody else who deals with LANKFORD). There is 221⁄2 minutes re- standing that reform is necessary. the Department of Defense. If that is a maining. Having said that, 50 percent of the redtape burden, then everybody who Mr. DURBIN. I will yield the floor at military’s budget, for the most part, deals with the Department of Defense this point to see if others are seeking goes into personnel, and I believe we will share that burden. So rather than recognition. need more people in the Army, not less. just writing a check to somebody, Mr. GRAHAM. Mr. President, how So we can reform the military to save there is a process to apply for the much time is remaining for our side? money, and we should. We can bring money and the contracting rules will The PRESIDING OFFICER. There is better business practices to the table, apply. These are the two changes—a 30 minutes remaining for the majority. and we should. We can modernize the certification that the money being Mr. GRAHAM. If it is OK with the way we deliver health care to get out- spent on medical research benefits the Senator, I will make a few comments. comes rather than just spending military, the Department of Defense, The PRESIDING OFFICER. The Sen- money, and we should. We can look at and in order to get that money one has ator from South Carolina is recognized. every part of the military and put it to go through the normal contracting Mr. GRAHAM. No. 1, when it comes under a microscope and make it more procedures to make sure there is com- to Senator DURBIN, there is no stronger efficient and make sure it is serving petition and all the i’s are dotted and voice for medical research in the Sen- the defense needs of the country. t’s are crossed. I think that makes ate and he should be proud of that. Having said that, given the number sense. Senator DURBIN and I are cochairing of ships we are headed toward, 278— I think some of the money we are the NIH caucus, the National Insti- 420,000 people in the Army—we need spending under the guise of military tutes of Health, to make sure we take more people to defend this Nation, and Department of Defense research has the crown jewel of our research at the we have an obligation to the people de- nothing to do with the Department of Federal level and adequately fund it, to fending the Nation to give them the Defense, and we need every dollar we try to make it more robust, and in best equipment and take care of their can find to defend the Nation. Many of times of budget cuts, sequestration families. I am not looking for a fair these programs are very worthwhile, I across the board, I want to compliment fight. I want to rebuild the military am sure, and I would be willing to con- Senator BLUNT and Senator DURBIN and and make sure our military has the tinue them somewhere else. I am sup- others for trying to find a way to in- weapons systems that would deter war, porting a dramatic increase in NIH crease NIH funding. I think we will be and if you had to go to war, to win it funding. I am very much for research, successful, and a lot of credit will go to as quickly as possible. but if we are going to bring about Senator DURBIN. That gets us to medical research. change in Washington, and if people As to the military budget, we are on There is about $1 billion spent on med- like me who want a stronger military course to have the smallest Army since ical research within the Department of are going to advocate for a bigger mili- 1940. We are on course to have the Defense. What we are suggesting is tary, I think we have an obligation to smallest Navy since 1915 and the small- that we look at this account anew. have a smarter, more reformed system. est Air Force in modern times. Mod- What the committee has decided to I am not trying to have it both ways. ernization programs are very much do—Senator MCCAIN—is to say the Sec- I am looking at how the Pentagon stuck in neutral. The wars continue, retary of Defense has to certify that works at every level, along with Sen- and they are expanding. By 2021, if we the money in the medical research ator MCCAIN, and we are bringing go back into a sequestration mode, we budget in the Department of Defense is structural changes that are long over- will be spending half of normally what actually related to the defense world. due. we spend on defense in terms of GDP. There are a lot of good things being I want to compliment Senator REED, So to those who want to reform the done in the Department of Defense in who has been a great partner to Sen- military, count me in. This will be one terms of medical research, but the ator MCCAIN. We don’t always agree, of the most reform-minded packages in question for us is, in that $1 billion, but I think Senator REED has bought the history of the Department of De- how much of it actually applies to the into the idea that the Pentagon is not fense. We are trying to address the top- military itself because every dollar we immune from being reformed and the heavy nature of the military, where spend out of DOD’s budget for things status quo has to change. general officer billets have exploded, not related to defense hurts our ability So with all due respect to Senator and make sure we have a leaner mili- to defend the Nation. DURBIN, I think the provisions Senator tary at the top and put our emphasis It is not a slam on the things they MCCAIN has crafted make sense to me. on those out in the field fighting the are doing. I am sure they are all worth- To get research dollars in the future, war. while. The question is, Should that be the Secretary of Defense has to certify We are dealing with the explosion of done somewhere else and should it that the money in question helps the contractors. We are looking at our come out of a different pot of money? Department of Defense, and if one is medical delivery systems anew. It has So the two measures we are pro- going to bid for the business, they all been bipartisan. Senator REED de- posing—to continue medical research must go through the normal con- serves a lot of credit with his Demo- in the future, the Secretary of Defense tracting process to make sure it is cratic colleagues to find ways to re- would have to certify that the medical done right. Those are the only two form the military, not only to save research program in question is related changes. money but to improve the quality of to the Department of Defense’s needs, Those programs that will be knocked life of those in the military. and there is a pretty broad application out of the Department of Defense, I am There is an obligation on all of us of what ‘‘need’’ is—traumatic brain in- certainly willing to keep them funded who are considered defense hawks to jury and all kinds of issues related to somewhere else. I think that is a long- make sure the military works more ef- veterans. Of the $1 billion, using the overdue reform. ficiently. This bill drives contracting criteria I have just suggested where With that, I yield the floor. away from cost-plus to fixed price. We there is a certification, some of the The PRESIDING OFFICER. The Sen- see a lot of overruns in terms of big- money will stay in the Department of ator from Illinois. ticket items—billions of dollars over Defense, but some of it will not because Mr. DURBIN. Mr. President, I would what was projected in terms of costs of if we look at that $1 billion, a lot of it like to respond to my friend from the F–35 and aircraft carriers. One of is not connected to what we do to de- South Carolina. We are friends. We the ways to change that problem is to fend the Nation. have worked on a lot of things to- have the contractor have skin in the The second requirement is that if gether. I hope we will continue to do so game by having a fixed price rather they are going to get research dollars, in the future. We clearly see this issue than cost-plus contracting. they have to go through the same proc- differently today.

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.038 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3499 Two-tenths of 1 percent of the De- So it means the process slows down. in uniform and make sure their lives partment of Defense appropriations Research does not take place in a mat- are whole and make sure they are will- will go for medical research—about $1 ter of months; it might be years. Do ing and able to defend this country billion in a budget of $524 billion. It is you want to wait for years in some of when called upon. not an outrageous amount. We are not these instances? I don’t. I want timely This idea of Chairman MCCAIN—of funding medical research at the ex- research to come up with answers to eliminating this program with new bu- pense of being able to defend America. questions that can spare people suf- reaucracy and redtape—is at the ex- Hardly anyone would argue that, but a fering and spare expense to the fami- pense of military members, their fami- small percentage would. I can make an lies as well as to the Department of De- lies, and veterans. We have made a argument—and I have tried effectively fense. When I go through the long list promise to these men and women who here—that when it comes to the med- of things that have been done through enlisted in our military that we will ical research that is being done these defense research programs, it is stand by them through the battle and through the Department of Defense, it amazing how many times they have when they come home. That should be is extraordinary. stepped up and made a serious dif- a promise we keep when it comes to We have achieved so much for a mini- ference. medical research as well. mal investment in so many different Let me give you one other illustra- I retain the remainder of my time. areas. I could go through the list—and tion. The incidence of blast injuries to Mrs. MURRAY. Mr. President, I want I will—of those areas of research that the eye has risen dramatically among to start by thanking Senator DURBIN, have made such a big difference. I also servicemembers of Iraq and Afghani- Senator COCHRAN, and all my col- want to say that there are 149 univer- stan due to explosive weapons such as leagues here today for their work to sities, veterans organizations, and IEDs. Current protective eye equip- support critical investments in medical medical advocacy groups that support ment—glasses, goggles, and face research at the Department of Defense. the amendment that I offered today. shields—are designed to protect mainly I am proud to stand with them, but The reason they support it is that what against high-velocity projectiles, not frankly, I am also really disappointed has been suggested—that this is not blast waves from IEDs. that we have to be here. just another procedural requirement In Iraq and Afghanistan, upward of 13 For decades, investments in medical being placed in front of these institu- percent of all injuries were traumatic research by the Department of Defense tions that want to do medical re- eye injuries, totaling more than 197,000. have advanced improvements in the search—really understates the impact One published study covering 2000 to treatment of some of our toughest dis- it will have. 2010 estimated that deployment-related eases. DOD medical research funding The Department of Defense itself, eye injuries and blindness have cost a has led to the development of new risk after analyzing the McCain language total of $25 billion. Notably, eye-in- assessment tools that help evaluate the that comes to us on this bill, said it likelihood of breast cancer recurrence, will create a burden, a delay, addi- jured servicemembers have only a 20- as well as new tests to determine the tional overhead costs. The one thing percent return-to-duty rate compared potential spread of a primary tumor. It we have not heard from Chairman to an 80-percent rate for other battle trauma. has helped advance research that could MCCAIN or anyone on his side of the Since 2009, $49 million in this Depart- lead to treatment for the debilitating issue is what is the reason for this? ment of Defense medical research pro- and, to-date, incurable disease ALS. It Why are we changing a process that gram has gone to research for the pre- has been used for 24 years? Has there is supporting ongoing research into im- been evidence of scandal, of waste, of vention and treatment of eye injury provements in cognitive therapy and abuse? and disease that result in eye degenera- access to treatment for children with Out of the thousands and thousands tion and impairment or loss of vision. autism. And I could go on. of research grants that have been From the Afghanistan and Iraq con- DOD medical research programs have given, only a handful have raised ques- flicts, a published study covering 2000 had such an impact on the lives of tens tions, and very few of those go to the to 2010 estimated that these injuries of millions of servicemembers and integrity of the process. It has been a have cost a total of $25 billion. Eye-in- their families, as well as patients question about the medical procedure jured soldiers have only 20-percent re- across the country. These programs that was used. If we are going to im- turn-to-duty rates. certainly don’t deserve to be on the pose new bureaucracies, new redtape, Research at Johns Hopkins, where chopping block, so it is very con- new requirements, new audits, why are they received grants to study why eye cerning to me that the defense author- we doing it? If there is a need for it, I injuries make up such a high percent- ization bill we are currently debating will stand up with everyone here and age of combat casualty, found that the would severely restrict the scope of protect the taxpayers’ dollars. But that blast wave causes eye tissue to tear, DOD research and undermine critical is not really what is at stake here. and protections like goggles can actu- DOD support for research efforts on ev- This morning on the floor, Chairman ally trap blast reverberations. Univer- erything from breast cancer, to MS, to MCCAIN made it clear. He just does not sity of Iowa researchers developed a lung cancer, and much more. want medical research at the Depart- handheld device to analyze the pupil’s If you are serving your country and ment of Defense. He wants it limited reaction to light as a quick test for eye have a child struggling with autism or strictly to certain areas and not to be damage. if you are a veteran with severe hear- expanded to include the families of So you look at it and say: Well, why ing loss or if you are one of the many those serving in our military—our vet- would we do vision research at the De- patients across the country waiting erans—through the Department of De- partment of Defense? Here is the an- and hoping for a treatment or cure fense. That is his position. He can hold swer: What our men and women in uni- that hasn’t been discovered yet, I am that position. I certainly disagree with form are facing with these IEDs and sure you would want to know that your it. the blast reverberations—damage to government is doing everything it can If we take an honest look at this, their eyesight and even blindness— to support research that could make what we have done in creating this new wasn’t being protected with current all the difference. bureaucracy and redtape is simply slow equipment. Is this worth an investment I am proud to be supporting the down the process and make it more ex- by the U.S. Government of less than amendment that we are discussing pensive. For one thing, each one of two-tenths of 1 percent of the Depart- today, which would ensure that these universities and each one of these ment of Defense budget? I think it is. I groundbreaking, and in some cases life- organizations has to go through an an- think it is critically important that we saving, medical research at the Depart- nual audit—at least one. The agency stand behind this kind of research and ment of Defense can continue, and I within the Department of Defense re- not second guess people who are in- urge all of my colleagues to join us. sponsible for those audits is currently volved. Thank you. overwhelmed, before this new McCain We are not wasting money in this re- Mr. LEAHY. Mr. President, in this requirement comes in for even more search; we are investing money in re- promising time, there are no resources audits. search to protect the men and women too great to contribute to

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.040 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3500 CONGRESSIONAL RECORD — SENATE June 7, 2016 groundbreaking medical research. Key sighted and frustrating that two need- Everybody I know of wants to defeat discoveries, new technologies and tech- less provisions have been dropped into breast cancer and fund research at an niques, and tremendous leaps in our this year’s NDAA, which would bar the appropriate level. Why did they do it in knowledge and understanding about Department of Defense from research- the Defense bill? Because the Defense disease and human health are being ing the medical needs of military fami- bill was going to pass. It is the one made every day. lies and veterans and require grant ap- thing around here that we all eventu- Biomedical research conducted by plications to comply with weapon sys- ally get done because we have to defend the Defense Department has been a tem acquisition rules instead of the the Nation. So that idea of a $20 mil- critical tool in combatting rare dis- carefully peer-reviewed applications lion earmark for breast cancer—fast eases here in the United States and process from which all good science forward from 1992 to now—is $900-some- across the world. Since 1992, the De- grows. thing million of research at the De- partment of Defense’s Congressionally To redefine the definition of who can partment of Defense. It went from $20 Directed Medical Research Program, benefit from lifesaving treatment and million to $900 million. It has been CDMRP, has invested billions of dollars research to cancer and other diseases is about $1 billion a year for a very long in lifesaving research to support our misguided and counterproductive. If we time. servicemembers and their families, vet- are to advance medicine in one popu- The reason these programs are put in erans, and all Americans. I am proud to lation, these tools should be made the Department of Defense—some of have been involved with starting this available to everyone. If we change the them are related to the Department of program, and I have fought year in and scope of these long fought efforts, we Defense and veterans; many of them year out to support it. As the Senate deny researchers the knowledge they are not, and the ones that can make it continues to debate this year’s Na- need to carry out science that saves in this bill are going to get their fund- tional Defense Authorization Act, lives. It hinders medical progress for ing apart from their traditional re- NDAA, I am concerned that the Sen- our children and grandchildren. search funding—is that the Depart- ate’s bill includes two harmful provi- Whereas proponents of these provi- ment of Defense will get funded. sions that would undermine medical re- sions claim they will bring cost savings All we are saying is that, given the search in the CDMRP and erode these in the long term, we all know this is budget problems we have as a nation paths to vital progress, taking hope simply not true. Disease does not dis- and the constraints on our military away from millions of Americans. criminate between servicemember, due to defense cuts and shrinking budg- The CDMRP has long led to advance- family member, veteran, or civilian. ets, now is the time to reevaluate the ments in the field of medicine. From When it comes to medical research, we way we do business. It is not that we the development of early-detection shouldn’t either. That is why I am are against medical research in the De- techniques for diagnosing cancer and proud to support the bipartisan Durbin fense Department’s budget; we just improving ways to restore mobility to amendment to strike these unneces- want it to be related to defense. I know patients suffering from Amyotrophic sary and hindering provisions from the that is a novel idea, but it makes sense Lateral Sclerosis, ALS, to advancing bill, which would needlessly block ac- to me. treatments for traumatic brain injury cess to innovative discoveries in these All the things that Senator DURBIN and progressing the approval of drugs burgeoning fields of medicine. identified as being done in the Depart- to treat prostate and breast cancer. Biomedical research is a proven tool ment of Defense—I am sure most of For more than two decades, this valu- that brings us closer every day to find- them are very worthy. Let’s just make able medical research program has in- ing cures and expanding treatments for sure they are funded outside of the De- partment of Defense because the vested over $11 billion in the health of debilitating conditions across the money is being taken away from de- our servicemembers and their families world. We cannot allow this year’s de- fending the Nation. Taking money out and developed techniques to combat fense authorization bill to deny our veterans, the families of our service- of the Defense Department to do re- various cancers and the many rare and members, and other Americans victim- search is probably not a smart thing to debilitating diseases faced by so many ized by ravaging disease the promise of do now if it is not related to defending Americans. I was proud to be there from the start such groundbreaking medical knowl- the Nation, given the state of the world of the CDMRP. Those efforts evolved edge. I urge all Senators to join me in and the state of the military. So this is business as usual, even if it from linking a bill I coauthored in 1992 supporting Senator DURBIN’s amend- is just $900 million, which is still a lot to create a national network of cancer ment and in defeating any provisions of money. I think it is time to relook registries to assist researchers in un- in the bill that threaten the continued success of the CDMRP. We must not at the way we fund the Defense Depart- derstanding breast cancer, with an ef- lose sight of the progress we have made ment and how it runs and try to get it fort led by former Iowa Senator Tom in the fight against breast cancer and in a spot that is more sustainable. So Harkin, myself, and several others, to other debilitating conditions. This val- what have we done? We have said: You redirect military funds to breast can- uable medical research program has can still do research at the Department cer research. With the help of the late paved the way for so many, and we of Defense, but the Secretary of De- Pat Barr of the Breast Cancer Network must keep it strong for generations to fense has to certify it is related to our of Vermont and the many others who come. defense needs—and a pretty liberal in- were the driving force behind national The PRESIDING OFFICER. The Sen- terpretation of that. breast cancer networks, the CDMRP ator from South Carolina. If you are going to do research, you received its first appropriations of $210 Mr. GRAHAM. Mr. President, how have to go through the normal con- million for breast cancer research in much time is remaining on our side? tracting procedures that everybody the 1993 defense budget. Since then, the The PRESIDING OFFICER. There is else has to go through. Those two program has invested $3 billion in 22 minutes. changes really make sense to me. breast cancer research, leading to expo- Mr. GRAHAM. I will just take a cou- Here is the point: If you apply the nential nationwide reductions in the ple of minutes to keep everybody test that it has got to be related to de- incidence of the disease. It was due to awake. fending the Nation in a fairly liberal these investments that Pat Barr her- The history of this program is pretty interpretation, probably two-thirds or self was able to enjoy an active and ful- interesting. In 1992, by mandate, the three-fourths of this account would not filling life for decades after her own di- Congressionally Directed Medical Re- pass that test. So that means there is agnosis and was able to spend so many search Program began within the De- going to be $600 million or $700 mil- years fiercely fighting for the research partment of Defense with an earmark lion—maybe more—that will go to de- that has touched, improved or saved of $20 million for breast cancer. So, fense needs, not research needs. millions of lives. back in 1992, somebody came up with That doesn’t mean that we don’t The structure of the CDMRP has al- the idea that we should put some need to spend the money on research. ways advanced biomedical research for money regarding breast cancer re- Most of it we probably do. The person servicemembers and their families, as search into the Department of Defense delivering this speech is also the co- well as the public at large. It is short- bill. chairman of the NIH, which is the part

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.042 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3501 of the government that does medical University of Pennsylvania, research- (The remarks of Mr. ALEXANDER and research. I want to increase that budg- ers have studied how to facilitate sur- Mr. JOHNSON pertaining to the intro- et tremendously because the dividends viving nerve axons to grow across an duction of S.J. Res. 34 are printed in to the taxpayers and to our overall injury site after spinal cord trauma to today’s RECORD under ‘‘Statements on health are real. I just don’t want to improve nerve generation and Introduced Bills and Joint Resolu- continue to use the Defense Depart- functionality. tions.’’) ment as a way to do research unrelated Is this research important? I would The PRESIDING OFFICER. The Sen- to the defense needs of this country be- say it is. It is certainly important to ator from Rhode Island. cause I don’t think that is the right those who serve us. It is important to Mr. REED. Mr. President, I wish to way to do it. their families as well. It should be im- first inquire how much is remaining on When you are this far in debt and the portant to all of us. Why are we cut- my time. military is under this much pressure, it ting corners when it comes to medical The PRESIDING OFFICER. There 1 is time for change. That is all this is— research for our military and our vet- are 11 ⁄2 minutes remaining. making a commonsense change to a erans? Why is this account, which is Mr. REED. Mr. President, I wish to comment on the two pending amend- practice that started at $20 million and less than two-tenths of 1 percent of ments. is now almost $1 billion. this total budget, the target they want I will begin by thanking my col- The PRESIDING OFFICER. The Sen- to cut? Medical research for the mili- league from South Carolina for his ator from Illinois. tary and the veterans—every single thoughtful and kind words about the Mr. DURBIN. Mr. President, how grant that is approved has to go collaboration we have both witnessed much time do we have remaining? through the test of military relevance. The PRESIDING OFFICER. Almost on the committee as we brought this It isn’t a question of dreaming up bill to the floor under the leadership of 16 minutes. some disease that might have an appli- Chairman MCCAIN. Mr. DURBIN. Mr. President, let me cation someplace in the world. A panel AMENDMENT NO. 4204 respond to my friend from South Caro- looks at the research that is requested First, with respect to the Inhofe-Mi- lina. I keep giving examples of medical and asks: Does this have relevance kulski amendment, I share their con- research in this program that relate di- today to our military and their fami- rectly to members of the military and cerns about the quality of com- lies and veterans as well? If it doesn’t missaries. It is an essential service for their families and to veterans. All I pass this test, it is finished. That is hear back in return is: Well, we ought military personnel. In fact, it is really why I am fighting to protect this in the fabric of military life, being able to be doing this research someplace money. So much has come out of this else. Why? Don’t we want the research to go to a commissary. It is an impor- that it is of value to the men and tant benefit, particularly for junior to be done by the Department that has women in uniform and veterans. Put- a special responsibility to the men and members, those who aren’t as well paid ting this new procedure in here making as more senior members of the mili- women in uniform and their families as them go through the procurement re- tary. But both the chairman and my well as veterans? quirements that we have for the larg- colleagues on the committee—many of Let me give you another example est defense contractors in America is that I think really helps to tell this them recognize the need to look for al- unnecessary, burdensome, and will ternate approaches for delivering serv- story of research that is jeopardized by delay this process and make it more ices to military families but doing so the McCain language in this authoriza- expensive. in a way that can save resources that tion bill. Joan Gray graduated from I would like to hear from the other could be used for operations and main- West Point in the first class that in- side one example of abuse in these re- tenance, for training, equipment—all cluded women. She was commissioned search grants that would justify chang- the critical needs we are seeing much in the U.S. Army as a platoon leader, ing the rules that have been in place more clearly at this moment. commander, staff officer. After 5 years for 24 years. Come up with that exam- So we have proposed—and I support of service, she sustained a spinal cord ple. You are going to be hard-pressed to the chairman’s proposal—to try a pilot injury in a midair collision during a find it. After more than 2,000 of these program for commissaries that would nighttime tactical parachute jump. grants a year for years—it has gone on be run by commercial entities. I think Joan Gray’s wounds required 12 for 24 years—I am waiting for the first there is merit to this proposal. I want vertebral fusions. She is now an ambu- example. to emphasize that it is a pilot program. latory paraplegic and a member of the What I think is really at stake here It is not a wholesale replacement of the Paralyzed Veterans of America. is an effort to make it more difficult, commissary system. It is designed to Spinal injuries sustained from trau- more cumbersome, and less appealing test in real time whether a commercial ma impact servicemembers deployed to the universities to do this kind of entity can effectively use the resources overseas and in training. Over 5 per- research, and we will be the lesser for and the operation of the commissary to cent of combat evacuations in Iraq and it. better serve military personnel. Afghanistan were for spinal trauma. The PRESIDING OFFICER. The Sen- We have come a long way from years Spinal cord injuries require specialized ator from Tennessee. ago when the commissary was prac- care and support for acute injury, dis- Mr. ALEXANDER. Mr. President, tically the only place a servicemember ability adjustment, pain management, how much time is remaining on this could get groceries or get the supplies quality of life. side? they need for their home. Today, go Since 2009, Congress has appropriated The PRESIDING OFFICER. There is outside any military base and you will in this account—which is going to be 17 minutes remaining. see a Target, a Walmart, and every eliminated by this amendment—over Mr. ALEXANDER. Mr. President, I other combination of stores. Frankly, $157 million to research the entire con- ask unanimous consent that I be al- our young soldiers, sailors, marines, tinuum of prehospital care, treatment, lowed 9 minutes and that Senator and airmen are used to going there. and rehab needs for spinal cord injury. JOHNSON then be allowed 5 minutes. They are used to going to both places The amount and extent of bleeding The PRESIDING OFFICER. Without looking for bargains. They are used to within the spinal cord can predict how objection, it is so ordered. the service. This is no longer the iso- well an individual will recover from a Mr. ALEXANDER. I ask unanimous lated military of decades ago where lit- spinal cord injury. consent that the remaining time be for erally the only place you could shop Researchers at Ohio State University the Senator from South Carolina. was the commissary, and I think we and the University of Maryland at Bal- The PRESIDING OFFICER. Without have to recognize that. timore examined why some injuries objection, it is so ordered. The other thing we have to recognize cause more or less bleeding. They stud- Mr. ALEXANDER. Mr. President, is that there is now an interest by ied early markers of injury and found would you please let me know when 8 many grocery chains to test this an FDA-approved diabetes drug that minutes has elapsed. model, to see if, in fact, they can de- proved to reduce lesion size and injury The PRESIDING OFFICER. Yes. The liver better services to military per- duration in spinal cord injuries. At the Senator will be notified. sonnel.

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.043 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3502 CONGRESSIONAL RECORD — SENATE June 7, 2016 I think that test should be made. For those reasons, I am going to sup- population. Why? Should we ask the That is the essence of the proposal port Senator DURBIN’s amendment. He question? Do we owe it to the men and within the Armed Services Committee has stated the case very well about un- women in uniform to ask this question mark. There is an ongoing study of this intended overhead caused by the cer- about ALS? We certainly do. by the Department of Defense which I tification process and all of the related Lung cancer. Of course there is too think is helpful. Part of the conclusion issues. But I think the essence here is much smoking in the military and that is this: ‘‘The Department is critically we have a valuable national resource is part of the reason, but the incidence assessing the privatization of all por- that through the history and the bu- is higher. tion(s) of the commissary system.’’ I reaucratic and congressional proce- Gulf war illness. It wasn’t until the will emphasize that this amendment dures and policies has been embedded Department of Defense initiated its re- does not support the privatization of in the Defense Department. If we do search that we finally linked up why so all commissary systems at this time; not support Senator DURBIN’s amend- many gulf war veterans were coming they are looking at that issue. ‘‘Initial ment, we will lose that. We won’t re- home sick. Now we are treating them, conversations with interested business capture it elsewhere in another spend- as we should. entities informed the Department of ing bill or in another authorization There is traumatic brain injury, spi- private sector willingness to engage, bill. I just think it is too much to lose. nal cord injury, epilepsy, and seizure. which is leading to more thorough Mr. President, I yield the floor. The list goes on. To walk away from market analysis, including a more for- Mr. DURBIN. Mr. President, how this research is to walk away from our mal Request for Information.’’ This re- much time is remaining on each side? promise to the men and women in uni- quest was issued in May, just a few The PRESIDING OFFICER. The mi- form, their families, and our veterans. weeks ago. nority has 5 minutes, and the majority I am not going to stand for that. I hope I think we are now positioned to the majority of the Senate will support has 51⁄2 minutes. move forward and test this model, and Mr. DURBIN. Mr. President, I thank my effort to eliminate this language that is what we are asking for—a pilot Senator REED for his comments in sup- that has been put into the Department test. It is sensible. It is limited. We port of my amendment. This is about of Defense authorization bill, and say will learn quite quickly and very effec- medical research, and if I have a pas- to the chairman, once and for all: Stop tively whether this model works and sion for the subject, I do. Certainly, I this battle against medical research. what its potential is. I think in that believe most of us do. There are many ways to save money in process, too, we can conduct it in such There comes a point in your life the Department of Defense. Let’s not a way that we will be able to structure, where you get a diagnosis or news do it at the expense of medical re- if it is a valuable enterprise, relation- about someone you love, and you pray search and at the expense of the well- ships between commercial entities that to goodness that there has been some being of the men and women who serve not only protect military personnel but research to develop a drug or a proce- our country. enhance their experience at the com- I reserve the remainder of my time. dure or a device which gives them a missary. That is the goal. It is not just The PRESIDING OFFICER. The Sen- to save dollars—that is important—but chance for life. ator from Georgia. Do I want to invest more money in also to make sure that their experience (The remarks of Mr. ISAKSON per- in the commissary is both adequate medical research so that there are taining to the introduction of S.J. Res. more chances for life? You bet I do. and, in effect, more than adequate. 34 are printed in today’s RECORD under Mr. President, let me turn to Senator And I believe our highest priority ‘‘Statements on Introduced Bills and DURBIN’s amendment very quickly. I should be the men and women in uni- Joint Resolutions.’’) support this amendment. The reason I form and their families and our vet- The PRESIDING OFFICER. The Sen- do is not only because of the eloquence erans. That is why I will stand here ator from South Carolina. of the Senator from Illinois about the today and defend this Department of Mr. GRAHAM. Mr. President, as to success of this program. But how we Defense medical research program for the Durbin amendment, I want people got here, as described by my colleague, as long as I have breath in my lungs. I to understand what we are trying to to me, is a crucial point. It is a com- believe it is essential that once we do. bination of history, of rules, of budg- have made the promise to men and There is $900 million spent on med- eting 20-plus years ago. But in the in- women in uniform, we stand by them ical research in the Department of De- terim we have been able to create a and we keep our word, and our word fense. All we are asking is that the useful medical research enterprise means standing by medical research. money being spent be related to the de- which I think will be dismantled—not Some have made light of issues being fense needs of this country. Of that $900 intentionally. That is not the intent of investigated under medical research— million, probably two thirds of the re- the chairman or of any of the sup- not anyone on the floor today, but oth- search money will not pass the test of porters of this provision in the bill. In ers. being related to the Defense Depart- fact, as the chairman said, he would Prostate cancer. What are they doing ment. stand up and support reallocating these investigating prostate cancer at the If you care about the men and women funds someplace else. My colleague Department of Defense? Servicemem- in uniform—which we all do—that is from South Carolina suggested, I be- bers are twice as likely to develop pros- probably $600 million or $700 million to lieve, NIH. But if we look at how dif- tate cancer as those who don’t serve in help a military that is in decline. ficult it is to fund the Health and the military. Why? I don’t know the In terms of research dollars, I have Human Services budget here—and this answer. Is it worth the research to an- worked with Senators DURBIN, ALEX- is what drives it—the reality is if these swer that question? Of course it is. ANDER, and BLUNT to increase NIH funds are taken out of this bill, they Alzheimer’s and Department of De- funding. This idea of taking money out will not reappear, even through the fense medical research. For the men of the Defense Department’s budget to best and sincere efforts of many of my and women who served our country and do medical research unrelated to the colleagues, elsewhere. We will lose this have experienced a traumatic brain in- defense needs of this country needs to funding, and we will lose hugely valu- jury, their risk of developing Alz- stop because the military is under able resources. heimer’s disease is much higher. For siege. We have the smallest Navy since As to the whole issue with certifi- those suffering from post-traumatic 1915 and the smallest Army since 1940. cation by the Secretary of Defense, if stress disorder, the risk is also higher. If we really want to reform the way we step back, this research has been so So, as to Alzheimer’s research at the things are done up here, this is a good effective, and there is a linkage to Department of Defense, here is the rea- start. every military member. It might not son. To those programs that don’t make be as dramatic as a prosthesis to fix Lou Gehrig’s disease, or ALS. We the cut in DOD, we will have to find someone who lost their limb in combat, sure know that one; don’t we? Accord- another place. If they make sense, I but certainly their wife, their child— ing to the ALS Association, military will help you find another place. To pediatric diseases—may be affected. veterans are twice as likely to be diag- those medical research items that sur- This research affects every American. nosed with ALS relative to the general vive the cut, they are going to have to

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.052 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3503 go through the normal contracting pro- minute. To those who say we will ance, Lupus Foundation of America, cedure to make sure we are doing it strengthen our military if we do less Lymphangiomatosis & Gorham’s Disease Al- competitively. medical research on behalf of the men liance, Lymphoma Research Foundation, I don’t think that is too much to ask. and women in uniform and veterans, Malecare Cancer Support, Melanoma Re- search Foundation, The Michael J. Fox If you want things to change in Wash- that doesn’t make us a stronger mili- Foundation for Parkinson’s Research, Michi- ington, somebody has to start the proc- tary. gan State University, Minnesota Ovarian ess of change. It is long overdue to stop Let us keep our word to the men and Cancer Alliance, Muscular Dystrophy Asso- spending money in the Department of women in uniform and to the veterans. ciation, National Alliance for Eye and Vision Defense’s budget for things unrelated We have told them we would stand be- Research, National Association of Nurse to the Department of Defense, even hind them when they came home, and Practitioners In Women’s Health, National though many of them are worthy. we have to keep our word. Autism Association, National Breast Cancer The point we are trying to make is I ask unanimous consent that a list Coalition, National Fragile X Foundation, of 147 organizations that support the National Gulf War Resource Center, National that our military needs every dollar it Kidney Foundation. Durbin amendment be printed in the can get, and we need to look at the way National Multiple Sclerosis Society, Na- we are doing business anew. That is ex- RECORD. tional Ovarian Cancer Coalition, NephCure actly what this bill does, and Senator There being no objection, the mate- Kidney International, Neurofibromatosis Ar- DURBIN takes us back to the old way of rial was ordered to be printed in the izona, Neurofibromatosis Central Plains, doing it. RECORD, as follows: Neurofibromatosis Michigan, Neurofibro- Finally, the whole idea of medical re- GROUPS OPPOSING SECTIONS 756/898 & matosis (NF) Midwest, Neurofibromatosis search in the Department of Defense SUPPORTING DURBIN AMDT #4369 Network, Neurofibromatosis Northeast, budget started with a $20 million ear- Academy of Nutrition and Dietetics, Ac- Nurse Practitioners in Women’s Health, The mark for breast cancer that is now $900 tion to Cure Kidney Cancer, Adult Con- Ohio State University, Oncology Nursing So- genital Heart Association, Alliance for ciety, Ovarian Cancer Research Fund Alli- million. Why? Because if you can make ance, Pancreatic Cancer Action Network, it into DOD’s bill, you are going to get Lupus Research/Lupus Research Institute, ALS Association, Alzheimer’s Association, Parent Project Muscular Dystrophy (PPMD), your program funded. It is not about American Academy of Dermatology Associa- Pediatric Congenital Heart Association, medical research. It is about the power tion, American Academy of Pediatrics, Penn State University, Prostate Cancer of somebody to get the medical re- American Association for Cancer Research, Foundation, Prostate Health Education Net- search program in the budget of the American Association for Dental Research, work, Pulmonary Hypertension Association, Department of Defense. It is not a American Association of Clinical Urologists, Research!America. merit-based process. It needs to be. American Brain Tumor Association, Amer- RESULTS, Rettsyndrome.org, Rutgers, I yield the floor. ican Cancer Society Cancer Action Network, The State University of New Jersey, Sabin American Congress of Obstetricians and Vaccine Institute, Scleroderma Foundation, Mr. DURBIN. Mr. President, how Sleep Research Society, Society of much time remains? Gynecologists, American Dental Association, American Diabetes Association, American Gynecologic Oncology, State University of The PRESIDING OFFICER. One Gastroenterological Association, American New York, Susan G. Komen, Treatment Ac- minute, 45 seconds. Heart Association, American Lung Associa- tion Group, TB Alliance, Texas Mr. DURBIN. And on the other side? tion, American Psychological Association. Neurofibromatosis Foundation, Theresa’s The PRESIDING OFFICER. One American Society of Tropical Medicine and Research Foundation, Tuberous Sclerosis Al- minute, 15 seconds. Hygiene, American Society of Nephrology, liance, University of Arizona Cancer Center Mr. DURBIN. Mr. President, I will American Thoracic Society, American at Dignity Health St. Joseph’s Hospital and conclude. Urological Association, Aplastic Anemia and Medical Center, University of California- I would just say to my friend from MDS International Foundation, Arthritis Irvine, University of California System, Uni- versity of Central Florida, University of South Carolina that I have gone Foundation, Association of American Cancer Institutes, Association of American Medical Kansas, University of Kansas Medical Cen- through a long list of research projects Colleges, Association of American Univer- ter, University of Pittsburgh, University of at the Department of Defense and their sities, Association of Public and Land-grant Washington, University of Wisconsin-Madi- medical research program, and each Universities, Asbestos Disease Awareness Or- son, US Hereditary Angioedema Association. and every one of them I have linked up ganization, Asthma and Allergy Foundation Us TOO International Prostate Cancer to medical families and peculiar cir- of America, Autism Speaks, AVAC: Global Education and Support Network, The V cumstances affecting our military. Advocacy for HIV Prevention, Bladder Can- Foundation for Cancer Research, Vanderbilt That is why I think this Department of cer Advocacy Network, Cancer Support Com- University, Veterans for Common Sense, Defense medical research is so critical. munity, Caring Together New York, Chil- Veterans Health Council, Vietnam Veterans dren’s Heart Foundation, Children’s Tumor of America, Washington Global Health Alli- I have yet to hear the other side say Foundation, Citizens United for Research in ance, Washington State Neurofibromatosis that one of these is wasteful, and they Epilepsy (CURE), Coalition for National Se- Families, Weill Cornell Medicine, can’t. If our men and women in uni- curity Research (CNSR), Cold Spring Harbor WomenHeart: The National Coalition for form are suffering from gulf war ill- Laboratory, Colon Cancer Alliance, Crohn’s Women with Heart Disease, Young Survival nesses, of course we want the Depart- and Colitis Foundation of America, Coalition, ZERO-The End of Prostate Can- ment of Defense or any other medical CureHHT. cer. Debbie’s Dream Foundation: Curing Stom- research group to try to find out what AMENDMENT NO. 4369 is the cause of the problem and what ach Cancer, Digestive Disease National Coa- lition, Duke University, Duke University Mr. DURBIN. Mr. President, I call up we can do about it. School of Medicine, Dystonia Medical Re- amendment No. 4369. When it comes to the incidents of search Foundation, Elizabeth Glaser Pedi- The PRESIDING OFFICER. The cancer being higher among veterans, atric AIDS Foundation, Endocrine Society, clerk will report. are you worried about that? I sure am. Esophageal Cancer Action Network, Inc., The legislative clerk read as follows: Why would it be? Should we ask that Fight Colorectal Cancer, FORCE: Facing Our question? Of course we should. And we Risk of Cancer Empowered, Foundation for The Senator from Illinois [Mr. DURBIN] do that through legitimate medical re- Women’s Cancer, Foundation to Eradicate proposes an amendment numbered 4369. search. Duchenne, Georgetown University, GBS/ Mr. DURBIN. I ask unanimous con- CIDP Foundation International, Hartford sent that the reading of the amend- Here is what the Institute of Medi- HealthCare Center, Hepatitis Foundation cine said about this medical research International, HIV Medicine Association, ment be dispensed with. program: It ‘‘has shown that it has Hydrocephalus Association, Indiana Univer- The PRESIDING OFFICER. Without been an efficiently managed and sci- sity, Infectious Diseases Society of America, objection, it is so ordered. entifically productive effort and that it International Foundation for Functional GI The amendment is as follows: is a valuable component of the nation’s Disorders, International Myeloma Founda- tion. (Purpose: To provide that certain provisions health research enterprise.’’ in this Act relating to limitations, trans- This is not wasted money. This is Interstitial Cystitis Association, Johns Hopkins University, Kidney Cancer Associa- parency, and oversight regarding medical medical research for the men and tion, LAM Foundation, Lineberger Clinic research conducted by the Department of women in uniform, their families, and Cancer Center at the University of North Defense shall have no force or effect) the veterans who served this country. I Carolina, Littlest Tumor Foundation, Living At the end of subtitle C of title VII, add will stand here and fight for it every Beyond Breast Cancer, Lung Cancer Alli- the following:

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.054 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3504 CONGRESSIONAL RECORD — SENATE June 7, 2016 SEC. 764. TREATMENT OF CERTAIN PROVISIONS (At the request of Mr. REID, the fol- The clerk will call the roll. RELATING TO LIMITATIONS, TRANS- lowing statement was ordered to be The senior assistant legislative clerk PARENCY, AND OVERSIGHT REGARD- ING MEDICAL RESEARCH CON- printed in the RECORD.) called the roll. DUCTED BY THE DEPARTMENT OF VOTE EXPLANATION Mr. DURBIN. I announce that the DEFENSE. ∑ Mr. WARNER. Mr. President, due to Senator from Vermont (Mr. SANDERS) (a) MEDICAL RESEARCH AND DEVELOPMENT a prior commitment, I regret I was not and the Senator from Virginia (Mr. PROJECTS.—Section 756, relating to a prohi- WARNER) are necessarily absent. bition on funding and conduct of certain present to vote on Senate amendment No. 4369, offered by Senator DURBIN. I The PRESIDING OFFICER. Are there medical research and development projects any other Senators in the Chamber de- by the Department of Defense, shall have no am a cosponsor of this amendment, and force or effect. had I been present, I would have voted siring to vote? The result was announced—yeas 70, (b) RESEARCH, DEVELOPMENT, TEST, AND in support of the amendment. The EVALUATION EFFORTS AND PROCUREMENT AC- CDMRP has produced breakthroughs in nays 28, as follows: TIVITIES RELATED TO MEDICAL RESEARCH.— treatment for a variety of diseases and [Rollcall Vote No. 91 Leg.] Section 898, relating to a limitation on au- YEAS—70 thority of the Secretary of Defense to enter medical conditions, and it deserves our continued support.∑ Alexander Franken Nelson into contracts, grants, or cooperative agree- Ayotte Gardner Peters AMENDMENT NO 4204 ments for congressional special interest . Baldwin Gillibrand Reid medical research programs under the con- The PRESIDING OFFICER. There Barrasso Grassley Roberts gressionally directed medical research pro- will now be 2 minutes of debate, equal- Bennet Hatch Rounds gram of the Department of Defense, shall Blumenthal Heinrich Rubio ly divided, in relation to the Inhofe Blunt Heitkamp have no force or effect. amendment. Schatz Booker Heller Schumer Mr. GRAHAM. Mr. President, I yield Boozman Hirono The Senator from Oklahoma. Scott Boxer Inhofe back the remainder of our time. Mr. INHOFE. Mr. President, a year Sessions The PRESIDING OFFICER. The time Brown Kaine ago, when we were considering this Burr Kirk Shaheen is yielded back. same bill, the language of the bill that Cantwell Klobuchar Shelby The question is on agreeing to the was presented to us had a pilot pro- Capito Lankford Stabenow Sullivan Durbin amendment. gram that would temporarily look at Cardin Leahy Casey Markey Tester Mr. ALEXANDER. Mr. President, I privatizing five commissaries. We Cochran McCaskill Tillis ask for the yeas and nays. elected not to do that. Collins Menendez Udall The PRESIDING OFFICER. Is there a We had an amendment at that time Coons Merkley Vitter sufficient second? with 25 cosponsors, and it was not nec- Cornyn Mikulski Warren Donnelly Moran Whitehouse There appears to be a sufficient sec- essary to actually have a rollcall vote, Durbin Murkowski Wicker ond. and it overwhelmingly was passed that Enzi Murphy Wyden The clerk will call the roll. we would not do that until we had a Feinstein Murray The legislative clerk called the roll. study of DOD with an assessment by NAYS—28 Mr. DURBIN. I announce that the GAO on privatization. That has not Carper Flake Paul Senator from Vermont (Mr. SANDERS) happened yet. The initial report came Cassidy Graham Perdue and the Senator from Virginia (Mr. Coats Hoeven Portman out from GAO and it is negative on Corker Isakson WARNER) are necessarily absent. Reed having the privatization language at Cotton Johnson Risch The PRESIDING OFFICER. Are there this point. Crapo King Sasse any other Senators in the Chamber de- I reserve the remainder of my time. Cruz Lee Thune siring to vote? Daines Manchin Toomey The PRESIDING OFFICER (Ms. Ernst McCain The result was announced—yeas 66, AYOTTE). The Senator from Rhode Is- Fischer McConnell nays 32, as follows: land. NOT VOTING—2 [Rollcall Vote No. 90 Leg.] Mr. REED. Madam President, the Sanders Warner YEAS—66 key aspect of this legislation that was The amendment (No. 4204) was agreed Alexander Feinstein Mikulski included in the committee mark is that Ayotte Franken Moran it is a pilot, and I believe, along with to. Baldwin Gardner Murkowski the chairman, this is the best way to (At the request of Mr. REID, the fol- Bennet Gillibrand Murphy evaluate the merits or demerits of pri- lowing statement was ordered to be Blumenthal Grassley Murray printed in the RECORD.) Blunt Heinrich Nelson vatization of commissaries. Booker Heitkamp Peters It will allow an evaluation that is VOTE EXPLANATION Boozman Heller Portman not theoretical, not a report but an ac- ∑ Mr. WARNER. Mr. President, due to Boxer Hirono Reed a prior commitment, I regret I was not Brown Hoeven Reid tual company actively engaged in run- Burr Isakson Schatz ning a facility. The goal is not just to present to vote on Senate amendment Cantwell Johnson Schumer maintain the commissaries, the goal is No. 4204, offered by Senator INHOFE. I Capito Kaine Shaheen to enhance the value of service to men am a cosponsor of this amendment, and Cardin King Shelby had I been present, I would have voted Carper Kirk Stabenow and women. I think, along with the Casey Klobuchar Tester chairman, this approach is an appro- in support of the amendment. It would Cassidy Leahy Thune priate approach and would do just that. be imprudent for Congress to authorize Cochran Manchin Udall I urge rejection of the Inhofe amend- this privatization, possibly jeopard- Collins Markey Warren Coons McCaskill Whitehouse ment. izing an important benefit for our mili- Donnelly Menendez Wicker The PRESIDING OFFICER. The Sen- tary men and women, their families, as Durbin Merkley Wyden ator from Oklahoma has 7 seconds. well as retired servicemembers, before NAYS—32 Mr. INHOFE. Madam President, we receiving the thorough study on the Barrasso Flake Roberts have 40 cosponsors. I advise each Sen- potential impacts as requested in last Coats Graham Rounds ator to look at the cosponsors before year’s National Defense Authorization Corker Hatch Rubio voting on this. However, I would have Act.∑ Cornyn Inhofe Sasse The PRESIDING OFFICER. The Sen- Cotton Lankford no objection to a voice vote. Scott The PRESIDING OFFICER. Is there ator from Arizona. Crapo Lee Sessions Cruz McCain Sullivan further debate? Mr. MCCAIN. Madam President, it is Daines McConnell Tillis The question is on agreeing to the my understanding that we are trying Enzi Paul Toomey to set up the amendment and second- Ernst Perdue Inhofe amendment No. 4204. Vitter Fischer Risch Mr. MCCAIN. Madam President, I ask degree amendment on the increase of for the yeas and nays. an authorization of $17 billion. It is my NOT VOTING—2 The PRESIDING OFFICER. Is there a understanding there will also be a sec- Sanders Warner sufficient second? ond-degree amendment. The amendment (No. 4369) was agreed There appears to be a sufficient sec- I just want to say a few words about to. ond. the amendment which is pending. We

VerDate Sep 11 2014 07:31 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.009 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3505 were trying to reach an agreement as If you could, go ahead and talk about military needed and planned for last to when we will have debate and vote the Defense bill. year. on both the second degree and the Mr. MCCAIN. I thank the Senator I hope that my colleagues would un- amendment itself. from Oklahoma. When he gets ready, derstand and appreciate the need, par- I would point out that the unfunded we will obviously be ready to yield to ticularly when we look at the deep cuts requirements of the military services the Senator from Oklahoma for consid- and consequences of reductions in read- total $23 billion for the next fiscal year eration of that important legislation. iness, training, and other of the intan- alone. Sequestration threatens to re- In the meantime, I would like to gibles that make the American mili- turn in 2018, taking away another $100 point out that, as part of this package tary the great organization—superior billion from our military. The amend- of $18 billion, it increases the military to all potential adversaries—that it is. ment would increase defense spending pay raise to 2.1 percent. The current I hope my colleagues will look at by $18 billion. administration’s budget request sets what we are proposing for tomorrow. I I will be pleased to go through all of pay raises at 1.6 percent. know the other side will have a second- the programs where there is increased It fully funds troops in Afghanistan degree amendment as well. I haven’t spending, but I would point out that at 9,800. The budget request of the seen it, but I would be pleased to give those increases were in the 5-year de- President funds troop levels at 6,217. it utmost consideration, depending on fense plan but were cut because of the It stops the cuts to end strength and its contents. authorization of $17 billion—the Presi- capacity. It restores the end strength I yield the floor. dent’s request of $17 billion from what for Army, Navy, Marine Corps, and Air The PRESIDING OFFICER. The Sen- we had last year. Force. For example, it cancels the ator from Ohio. From a quick glance around the planned reduction of 15,000 active Army Mr. PORTMAN. Madam President, world, I think we can certainly make soldiers. If the planned reduction actu- after Memorial Day and a day after the one understand that the world is not a ally was implemented, we would have 72nd anniversary of D-day and at a safer place than it was last year. We one of the smallest armies in history, time when we live in a more and more are cutting into readiness, mainte- certainly in recent history. dangerous world with threats from nance, and all kinds of problems are be- It funds the recommendations of the North Korea, China, Russia, and ISIS, ginning to arise in the military. National Commission on the Future of it is appropriate that we are on the My friend from Rhode Island and I the Army. It includes additional fund- floor talking about our military, talk- will be discussing and debating both ing for purchasing 36 additional UH–60 ing about helping our troops, and doing the second-degree amendment and the Black Hawk helicopters, 5 AH–64 so by strengthening our military. amendment, and hopefully we will have Apaches, and 5 CH–47 Chinook heli- Senator MCCAIN, who is the chairman votes either tomorrow or on Thursday, copters. I would point out that all of of the committee, just talked about the depending on negotiations between the those were in keeping with the rec- fact that there is a pay raise here. leaders. ommendations of the National Com- There is also an assurance to our mili- I yield the floor. mission on the Future of the Army. tary that we are not going to have the The PRESIDING OFFICER. The Sen- It adds $2.2 billion to readiness to kind of end strength that puts us in ator from Rhode Island. help alleviate problems each of the more peril. Mr. REED. Madam President, I thank military services are grappling with. Of I applaud him and I applaud Senator and commend the chairman. As he in- the $23 billion in unfunded require- REED for their work on this bill. I in- dicated, he has proposed an amend- ments received by the military serv- tend to support this bill, and I hope we ment, and he is also allowing us to pre- ices, almost $7 billion of it was identi- continue to make progress this week pare a second-degree amendment, fied as readiness related. on it. which I would like to offer as soon as it It addresses the Navy’s ongoing COMPREHENSIVE ADDICTION AND RECOVERY BILL is ready and then conduct debate on a strike fighter shortfall and the U.S. Madam President, I am up today to very important topic; that is, investing Marine Corps aviation readiness crisis talk about something different. It is in our national security in the broadest by increasing aircraft procurement. It another fight that we have, and that is sense and doing it wisely and well. addresses high priority unfunded re- with this terrible epidemic of heroin Then, I would hope again—subject to quirements for the Navy and Marine and prescription drugs. We now have a the deliberations of the leaders on both Corps, including 14 F/A–18 Super Hor- situation where 129 people on average sides—that we could have a vote on nets and 11 F–35 Joint Strike Fighters. are dying every single day. We have in both the underlying amendment and It supports the Navy shipbuilding my home State of Ohio and around the the second-degree amendment tomor- program, and it provides the balance of country epidemic levels not just of her- row or the succeeding day. funding necessary to fully fund the ad- oin and prescription drugs but now Again, I thank the chairman for not ditional fiscal year 2016 DDG–51 Arleigh fentanyl, which is a synthetic form of only bringing this issue to the floor but Burke-class destroyer. It restores the heroin. It is affecting every community also for giving us the opportunity to cut of the one littoral combat ship in and every State. prepare an appropriate amendment. fiscal year 2017. This is the eighth time I have come Thank you. It supports the European Reassur- on the floor to talk about this issue The PRESIDING OFFICER. The Sen- ance Initiative with the manufacturing since the Senate passed their legisla- ator from Arizona. and modernization of 14 M1 Abrams tion on March 10—every week we have Mr. MCCAIN. Madam President, I un- tanks and 14 M2 Bradley fighting vehi- been in session since then. Initially, I derstand that the Senator from Okla- cles. came to encourage the House to act homa and the Senator from New Mex- There is also increased support for and urge them to move on it. They did ico are interested in getting non- Israeli cooperation on air defense pro- that a couple weeks ago. Now I am urg- controversial legislation up and com- grams of some $200 million. ing the House and the Senate to come pleted. I am more than pleased to yield What this is is an effort to make up together because we have some dif- time from our discussion of the Defense for the shortfall that would bring us up ferences in our two approaches to this, authorization bill for the Senator from to last year’s number—last year’s. but for the most part we have com- Oklahoma. Again, I want to point out—and we will monality. There is common ground on Mr. INHOFE. If the Senator would talk more about it—we have all kinds how to deal with this issue: more pre- yield, I would appreciate that very of initiatives going on. We have an in- vention and education, better treat- much. We are talking about the TSCA crease in troops’ presence in Iraq and ment and recovery, helping our law en- bill, and it is one that is almost a Syria; we are having much more par- forcement to be able to deal with it. must-pass type of bill. We have support ticipation in the European reassurance My message is very simple. We know on both sides—I think almost total program; and there is more emphasis what is in the House bill. We know support. If we could have another 10 on our rebalancing in Asia. At the what is in the Senate bill. We are start- minutes to talk to a couple of people, I same time, we are cutting defense and ing to work together to find a way to would like to make that motion. making it $17 billion lower than the come together. That is good. We need

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.059 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3506 CONGRESSIONAL RECORD — SENATE June 7, 2016 to do that as soon as possible. This troopers in Ohio will soon be carrying urbs. This knows no ZIP Code. It is not isn’t like other issues we address on naloxone with them, which is a miracle isolated to one area. It is not isolated the floor, with all due respect. This is drug that can actually reverse the ef- to rural or suburban or inner city. It is an emergency back home. This is one fects of an overdose. Our legislation everywhere. No one is immune, and no we know the Federal Government can provides more training for naloxone, one is unaffected by this epidemic. be a better partner with State and also called Narcan. It also provides People across the country are talking local governments and with nonprofits. more grant opportunities for law en- about it more in the last couple weeks. The Presiding Officer has been very in- forcement. It is one reason the Fra- One reason we are talking about it is volved in this issue over time. When we ternal Order of Police has been very because of the premature death of go home, we hear about it. This affects supportive of our legislation and pro- Prince, a world-renowned recording every single State. That is why we had vided us valuable input as we were artist whose 58th birthday would have a 94-to-1 vote in this Chamber. That crafting it. In Ohio, last year alone, been celebrated yesterday. Based on never happens around here. We were on first responders administered Narcan the autopsy of Prince, we now know he the floor for 21⁄2 weeks, and by the end 16,000 times, saving thousands of lives. died of a fentanyl overdose. of the debate practically every single Our Governor, John Kasich, is con- Fentanyl is driving more of this epi- Senator who voted said this is a key ducting an awareness campaign in Ohio demic every day. As I said, in 2013, issue back home. I like this bill be- called ‘‘Start Talking.’’ The National there were 84 fentanyl overdose deaths cause it is comprehensive, it is com- Guard is helping out. They are con- in Ohio. The next year it was 503. mon sense. We need to support it. ducting 113 events across Ohio, reach- Sadly, this year it is going to be more There is a real crisis out there, and ing more than 30,000 high school stu- than that. The new information about this is a genuinely comprehensive solu- dents to talk about drugs and opioid the overdose that took Prince’s life has tion to the crisis. We have the common addiction. I am told 65 National Guard surprised some. After all, Prince had it all: success, fame, talent, and fortune. ground. We need to move forward and members have partnered with 28 law He was an amazingly talented musi- do so soon. enforcement agencies on counterdrug cian, but as Paul Wax, the executive di- In 88 days, since the Senate passed efforts. They have helped confiscate rector of the American College of Med- the legislation on March 10, more than more than $6 million in drugs already, ical Toxicology, put it, ‘‘This epidemic 10,000 Americans—10,000 Americans— including 235 pounds of heroin, 20 spares no one. It affects the wealthy, have died of drug overdoses from pounds of fentanyl, and 26 pounds of the poor, the prominent, and the not opioids. That doesn’t include the hun- opiate pills. prominent.’’ He is exactly right. This dreds of thousands of others who have CARA would create a national aware- epidemic knows no limits. not died from an overdose but are cas- ness campaign—we think this is incred- In a way, as this becomes known, it ualties. They have lost a job. They ibly important—including making this may help get rid of the stigma at- have broken their relationship with connection between prescription drugs, tached to addiction that is keeping so their family, with loved ones. They narcotic pain pills, and heroin. Four many people from coming forward and have been driven to pay for drugs by out of five heroin addicts in Ohio start- getting the treatment they need as going to crime. They have lost hope. ed with prescription drugs. This is not people understand it is everywhere. It There are now an estimated 200,000 in included in the House-passed legisla- affects our neighbors and friends re- Ohio who are suffering from addiction tion, as one example of something we gardless of our station in life or where to heroin and prescription drugs. That want to add, but I think it is critical we live. It happens to grandmothers. It is the size of the city of Akron, OH, a we include it in the final bill we ulti- happens to teenagers who just had major city in my State. It is urgent. mately send to the President’s desk their wisdom teeth taken out. It hap- People understand it. There is a new and ultimately out to our community pens to the homeless, and it happens to poll showing that 3 in 10 Ohioans know so this message can begin to resonate the rich and famous. someone struggling with an opioid ad- to let people know they should not be Prince is hardly the first celebrity diction. They know people—their fam- getting into this addiction—this funnel case of opioid addiction. Celebrities ily members, their friends, their co- of addiction—that is so difficult. like Chevy Chase and Jamie Lee Curtis workers, their fellow parishioners, We are taking action in Ohio, but have been brave enough to open up and their neighbors—who are experiencing back in Ohio they want the Federal talk about their struggles, and I com- the consequences we talked about a Government to be a better partner, and mend them for that. The former Cleve- moment ago: a lost job, time in prison, we can be through this legislation. In land Browns wide receiver, Josh Cribbs, broken relationships, communities Cleveland, the Cuyahoga county execu- recently told ESPN: being devastated. All they have to do is tive, Armond Budish, and the County I grew up in the football atmosphere, and open the newspaper to be reminded of medical examiner, Dr. Thomas Gilson, to me it’s just part of the game. Unfortu- it. Every day the headlines tell the last week asked the Federal Govern- nately, it’s ingrained within the players to story of families torn apart because of ment to be a better partner with them. have to deal with this, and it’s almost as if addiction. I agree with them. They support our that’s part of it. After the game, you are popping pills to get back to normal, to feel Since my last speech on the floor legislation. So do 160 of the national normal. The pills are second nature to us. about 2 weeks ago, there is more bad groups—everybody who has worked They’re given to us just to get through the news from my State of Ohio. Two with us over the years to come up with day. . . . The pills are part of the game. weeks ago, a 41-year-old man and his this nonpartisan approach. It is based I am hopeful that if any good can 19-year-old daughter, both from Ohio, on what works. It is based on actual come out of tragedies like Prince’s pre- were arrested together buying heroin. evidence of the treatment that works, mature death, it can be that we raise The same day, a 26-year-old man was the recovery programs that work, the awareness about this epidemic and pre- found dead of an overdose near a creek prevention that works. vent new addictions from starting. Pre- in Lemon Township in Butler County. In Cleveland, OH, it is not hard to see vention is ultimately going to be the Last Thursday, in Steubenville, police why. One hundred forty people have best way to turn the tide. seized 100 grams of heroin from one died of fentanyl overdoses so far this The House-passed legislation does man. I told the story 2 weeks ago of year—record levels. Fentanyl is even not include CARA’s expanded preven- Annabella, a 14-month-old from Colum- more potent than heroin. Depending on tion grants, which address local drug bus who died at a drug house after in- the concentration, it can be 50 or more crises and are focused on our young gesting her mother’s fentanyl-laced times more powerful than heroin. people, but I am hopeful again that ul- heroin. Last Thursday, a 29-year-old Forty-four people died of opioid timately that will be included in the man in Columbus was sentenced to 9 overdoses in Cleveland in just the bill we send to the President’s desk and years in prison after his 11-month-old month of May—44 in 1 month, just 1 to our communities. son, Dominic, ingested his father’s month, in one city. That includes one I know the scope of this epidemic can fentanyl and died. 6-day span when 13 people died of feel overwhelming at times, but there Ohioans know this is happening, and overdoses; 18 of those 44 lived in the is hope. Prevention can work, treat- we are taking action back home. State city of Cleveland, 26 lived in the sub- ment can work, and it does work.

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.060 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3507 Think about Jeff Knight from the Mr. PAUL. Madam President, I ask ship between regulations and job loss, suburbs of Cleveland. He was an entre- unanimous consent that the order for there is basically no limit to the fervor preneur. He started a small land- the quorum call be rescinded. and ferocity that will be unleashed by scaping business when he was just 21 The PRESIDING OFFICER. Without bureaucrats whose perpetual mandate years old. The business grew and grew. objection, it is so ordered. is to regulate. He was successful. He had more than a FEDERAL CHEMICAL REGULATION LEGISLATION I always thought we needed more bal- dozen employees. Then, at age 27, he Mr. PAUL. Madam President, Milton ance, not less, in deciding on new regu- was prescribed Percocet. Percocet. He Friedman once said that if you give the lations. I always thought we should became addicted. His tolerance in- Federal Government control of the Sa- balance the environment and the econ- creased so he switched to OxyContin. hara Desert, within 5 years there will omy. Instead of balancing the eco- When the pills were too expensive or he be a shortage of sand. I tend to agree, nomic effects and the environmental couldn’t find enough pills, he switched and it worries me anytime a consensus effects, this bill explicitly says to regu- to heroin because it was less expensive builds to federalize anything. lators that their goal is to regulate, pe- and more accessible. He started selling I have spent the last week reading riod. This bill explicitly states that the cocaine and Percocet to buy more her- this bill, this sweeping Federal take- economic impact of regulations is only oin. The drugs became everything, over of chemical regulations, and I am considered after the EPA has decided which is what I hear from so many of now more worried than I was before I to regulate, after a substance has been our recovering addicts. The drugs be- read the bill. Most worrisome, beyond categorized as high risk. Is this really the specifics, is the creeping infesta- came everything, pulling them away the best we can do? tion of the business community with from their families, their job, and their Sometimes I wonder if we deserve the the idea that the argument is no longer God-given purpose in life. government we get. When the business about minimizing regulations but Within 3 years, Jeff Knight lost ev- community gets together and seeks about making regulations regular. erything. He lost his business, he lost Federal regulations, I wonder: Have Businesses seem to just want uni- his relationship with his family, and he they not paid any attention to what is formity of regulation as opposed to was arrested, but there he got treat- going on in Washington? Are they un- minimization of regulation. aware of the devastating explosion of ment, and through a drug court pro- A good analogy is that of how busi- Federal regulations? Are they unaware gram he got sober. He moved into a nesses respond to malingerers who fake sober-living facility where there was slip-and-fall injuries. Some businesses that today’s overbearing regulations supervision, accountability, and sup- choose to limit expenses by just paying were yesterday’s benign advisories? Ev- port from his peers. Again, as we are out small amounts, but some brave erything starts out nice and easy: We looking at these programs around the businesses choose to legally defend are not going to overregulate you. But country and we are holding up those themselves against all nuisance claims. it never goes down; it always ratchets best practices, we want to fund those Federalizing the chemical regulations up. Are they unaware that the most be- best practices that have that kind of is like settling with the slip-and-fall nign and well-intended regulations of support, not just the treatment but the malingerers and hoping he or she will the 1970s are now written and rewritten strong recovery programs. keep their extortion at a reasonable by a President mad with regulatory Jeff has now been clean for 3 years. level. zeal? He still has that same entrepreneurial In the process, though, we have aban- For those who are unaware of the spirit, and he is using it now to help doned principle. We will have given up devastation the EPA has wreaked upon others. He actually has bought several the State laboratories where economic our people, I request that you come houses in Cleveland, which he has now success and regulatory restraint are and visit us in Eastern Kentucky. turned into sober housing for men who aligned. It is no accident that regu- Come and visit us in West Virginia. are addicted—all because he got treat- latory restraint occurs in States that The EPA’s War on Coal has spread a ment and he was in a good recovery host chemical companies and ensures trail of despair amongst a proud peo- program, which he is now permitting that State legislatures will be well ple. Many of these counties have unem- others to appreciate. aware that the economic impact of ployment over twice the national aver- Nine out of ten of those who need overbearing regulation will be felt in age. treatment aren’t getting it right now, their State. As a consequence, there is The regulations that are crippling we are told. CARA—the Senate-passed a back-and-forth and consideration and destroying our jobs in Kentucky bill—and the House bills both provide both of the environment and health of were not passed by Congress; these job- more help for the type of treatment the economy. killing regulations are monsters that programs and recovery that work. If we Federalization of regulations sepa- emerged from the toxic swamp of Big can get a comprehensive bill to the rates the people who benefit from a Government bureaucrats at the EPA. President, we can help more people successful chemical industry from the The Obama-Clinton War on Coal large- who are struggling to get treatment, unelected bureaucrats who will write ly came from regulations that were ex- and we can give them more hope. It is the regulations. Once you sever the tensions of seemingly bland, well-in- time to act, and act quickly, to find ties, once there is no incentive, once tended laws in the early 1970s, laws like common ground and get a comprehen- nobody cares about the jobs anymore, the Clean Water Act that were well-in- sive bill in place now so we can begin the tendency is to regulate and to over- tended, legislating that you can’t dis- to help the millions who are strug- regulate. Once that tie is severed, the charge pollutants into a navigable gling. joint incentive to minimize regulation stream. I am for that, but somehow the Again, I appreciate the Presiding Of- is lost. In fact, this legislation explic- courts and the bureaucrats came to de- ficer’s efforts in this regard. I ask my itly bans the consideration of a regula- cide that dirt was a pollutant and your colleagues on both sides of the aisle to tion’s economic cost when deciding backyard might have a nexus to a pud- continue to promote our leadership to whether chemicals will be put into a dle that has a nexus to a ditch that was move forward, get this conference re- high-risk category. Once a chemical frequented by a migratory bird that solved, get it to the President’s desk, has been labeled ‘‘high risk,’’ the legal once flew from the Great Lakes, so and begin to help our constituents liability and stigma that will attach your backyard is the same as the Great back home, all of whom deserve our at- will effectively ban the substance with- Lakes now. It has become obscene and tention on this critical issue and this out the effect on the economy ever absurd, but it was all from well-inten- epidemic that is affecting every com- being considered. Regardless of what tioned, reasonable regulations that munity. the final regulations actually say, the have gotten out of control. Now the Madam President, I yield the floor. subsequent public reaction and law- EPA can jail you for putting dirt on I suggest the absence of a quorum. suits will have the effect of driving the your own land. Robert Lucas was given The PRESIDING OFFICER. The chemical out of the market if it is con- 10 years in prison for putting dirt on clerk will call the roll. sidered to be a high-risk chemical. his own land. The bill clerk proceeded to call the If we are to ignore the cost of regula- Now, since that craziness has in- roll. tions, if we are to ignore the relation- fected the EPA, we now have the Feds

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.061 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3508 CONGRESSIONAL RECORD — SENATE June 7, 2016 asserting regulatory control over the coming the norm, not the exception. heck out of California. Come to Ken- majority of the land in the States. Lately, the call to federalize regula- tucky. We would love to have your Will the Federal takeover of the tions has become a cottage industry for business. chemical regulations eventually morph companies to come to Washington and What these businesses that favor fed- into a war on chemical companies, beg for Federal regulations to super- eralization of regulation fail to under- similar to what happened to the coal sede troublesome State regulations. It stand is that the history of Federal industry? I don’t know, but it concerns seems like every day businesses come regulations is a dismal one. Well-in- me enough to examine the bill closely. to my office to complain about regu- tended, limited regulations morph into Anytime we are told that everyone is latory abuse, and then they come back ill-willed, expansive, and intrusive reg- for something, anytime we are told later in the day and say: Oh, and by the ulations. What these businesses fail to that we should stand aside and not way, can you vote for Federal regula- grasp is that while States like Cali- challenge the status quo, I become sus- tions on my business because the State fornia and Vermont may pass burden- picious that it is precisely the time regulations are killing me? But then a some, expensive regulations, other someone needs to look very closely at few years later, they come back—the States, like Texas, Tennessee, and Ken- what is happening. same businesses—and they complain tucky, are relative havens for business. I also worry about Federal laws that that the regulatory agencies are When businesses plead for Federal reg- preempt State laws. Admittedly, some- ratcheting up the regulations. ulations to supersede ill-conceived reg- times States, such as California, go Food distributors clamor for Federal ulations in California and Vermont, overboard and they regulate businesses regulations on labeling. Restaurants they fail to understand that once regu- out of existence or at least chase them advocate for national menu standards. lations are centralized, the history of to another State. However, California’s Now that we have Federal standards, lo regulations in Washington is only to excess is Texas’s benefit. and behold, we also have Federal menu grow. Just witness regulations in bank- ing and health care. Does anyone re- I grew up along the Texas coast. crimes. You can be imprisoned in member ever seeing a limited, reason- Many of my family members work in America for posting the wrong calorie able Federal standard that stayed lim- the chemical industry. Texas has be- count on your menu. I am not making come a haven because of its location ited and reasonable? this up. You can be put in prison for It is not new in Washington for busi- and its reasonable regulations. putting down the wrong calorie count. nesses to lobby to be regulated. Some Because Texas and Louisiana have We have to be wary of giving more such a mutually beneficial relationship hospitals advocated for ObamaCare and power to the Federal legislature. now complain that it is bankrupting with the chemical industry, it is hard With this bill, chemical companies them. Some small banks advocated for to imagine a time when the Texas or lobby for Federal regulations to pre- Dodd-Frank regulations, and now they the Louisiana Legislature would vote empt State legislation. None of them complain the regulators are assaulting to overregulate or to ignore the cost of seem concerned that the Federal regu- them as well. new regulations. It is not in their best lations will preempt not only aggres- The bill before us gives the Adminis- interest. But it is much easier to imag- sive regulatory States, such as Cali- trator of the EPA the power to decide ine a time when 47 other States gang fornia, but also market-oriented at a later date how to and to what ex- up on Texas, Louisiana, and Oklahoma States, friendly States, such as Texas tent he or she will regulate the chem- to ratchet up a Federal regulatory re- and Louisiana. So the less onerous Fed- ical industry. In fact, more than 100 gime to the point at which it chokes eral regulations may initially preempt times this bill leaves the discretionary and suffocates businesses and their overly zealous regulatory States, but authority to the EPA to make deci- jobs. Think it can’t happen? Come and when the Federal regulations evolve sions on creating new rules; 100 times visit me in Kentucky. Come and see into a more onerous standard, which it says the Administrator of the EPA the devastation. Come and see the un- they always have, there will no longer shall at a later date decide how to reg- employment that has come from EPA’s be any State laboratories left to exer- ulate. That is a blank check to the overzealous regulation. cise freedom. Texas and Louisiana will EPA. It is a mistake. How can it be that the very busi- no longer be free to host chemical com- Does anyone want to hazard a guess nesses that face this threat support panies as the Federal agencies ratchet as to how many pages of regulations this bill, support the federalization of higher. will come from this bill? The current regulation? I am sure they are sincere. Proponents of the bill will say: Well, Code of Federal Regulations is 237 vol- They want uniformity and predict- Texas and Louisiana can opt out; there umes and more than 178,000 pages. If ability—admirable desires. They don’t is a waiver. Guess who has to approve ObamaCare is any guide, it will be at want the national standard of regula- the waiver. The head of the EPA. Any- least 20 pages of regulations for every tions to devolve to the worst standard body know of a recent head of the EPA page of legislation. Using the of regulations. California regulators— friendly to business who will give them ObamaCare standard, this bill will give yes, I am talking about you. Yet the a waiver on a Federal regulation? It us nearly 2,000 pages of regulations. bill before us grandfathers in Califor- won’t work. ObamaCare was about 1,000 pages. The nia’s overbearing regulations. It only The pro-regulation business commu- regulations from ObamaCare have prevents them from getting worse. nity argues that they are being over- morphed into nearly 20,000 pages. It is But everyone must realize that this whelmed by State regulations, and I not hard to see how this bill, which re- bill also preempts friendly States, such don’t disagree. But what can be done quires review of more than 85,000 as Texas and Louisiana, from con- short of federalizing regulations? What chemicals now on the market, could tinuing to be friendly States. As Fed- about charging more in the States that quickly eclipse that lofty total. eral regulations gradually or quickly have the costly regulations? In No one disputes that this bill in- grow, Texas and Louisiana will no Vermont, they have mandated GMO la- creases the power of the EPA. This is longer be able to veto the excesses of beling, which will cost a fortune. Ei- an important point. No one disputes Washington. Regulations that would ther quit selling to them or jack up the that this bill increases the power of the never pass the Texas or Louisiana price to make them pay for the label- EPA. No one disputes that this bill State Legislature will see limited op- ing. Do you think the Socialists in transfers power from the States to the position in Washington. Don’t believe Vermont might reconsider their laws if Federal Government. The National me? Come and see me in Kentucky and they have to pay $2 more for a Coke or Journal recognizes and describes this see the devastation the EPA has for a Pepsi to pay for the absurd label- bill as granting extensive new author- wrought in my State. ing? ity to the EPA. If you don’t think that So why in the world would businesses What could chemical companies do to is a problem, come to Kentucky and come to Washington and want to be fight overzealous regulatory States? meet the 16,000 people in my State who regulated? Nothing perplexes me more What they already do—move to friend- have lost their jobs because of the or makes me madder than when busi- ly States. If California inappropriately overregulatory nature of the EPA. Ask nesses come to Washington to lobby for regulates your chemicals, charge them them what they think of Hillary Clin- regulations. Unfortunately, it is be- more and by all means, move. Get the ton’s plan to continue putting coal

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.073 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3509 miners out of business in my State. Many may know Delaware’s status as ation, and a new future for a commu- Ask them what they think of granting the first State to ratify the Constitu- nity long blighted and often under extensive new authority to the EPA. tion, but I think few of my colleagues water. Look these coal miners in the face and are aware that Delaware is also our That is not the only example of the tell them to trust you and that your country’s lowest lying State. We have many actions that have been taken by bill will not increase EPA’s power. Tell the lowest mean elevation. This status my home State of Delaware. Delaware them to trust you. comes with certain challenges, espe- also participates in RGGI, the Regional Is there anything in the recent his- cially with nearly 400 miles of exposed Greenhouse Gas Initiative, a collection tory of regulatory onslaught that indi- shoreline. That means no part of our of nine mid-Atlantic and northeastern cates a reasonable Federal standard State is more than 30 miles from the States, including Rhode Island, that will remain reasonable? When starting coast, so the good news is that no mat- have joined together to implement out, everybody says that they are ter where you live in my home State, it market-based policies to reduce emis- going to preempt these terrible States takes less than 30 minutes to get to sun sions. like California. It is going to preempt and sand. But the challenge is that we Since 2009, the participating States California and Vermont and all of these are particularly vulnerable to the in- have reduced our carbon emissions by terrible liberal States, and it will be a creasing effects of climate change. 20 percent while also experiencing low level. Business was involved so In recent years, we have seen how stronger economic growth in the rest business has made it a low and easy flooding can devastate homes and com- of the country, which I view as proof standard for chemicals. It will be munities up and down our State. Low- that fighting climate change and ratcheted up because regulations never lying neighborhoods often don’t have strengthening our economy are not get better; they always get worse. the resources to cope with steadily in- mutually exclusive exchangeable goals. I rise today to oppose granting new creasing flooding. A community such In fact, over the past 6 years, Dela- power to the EPA. I wish we were here as Southbridge in Wilmington—pic- ware has reduced its greenhouse gas today to do the opposite—to vote to re- tured to my right—has been dispropor- emissions more than any State in the strain the EPA and make sure that tionately affected. entire United States. We have done they balance regulations and jobs. I Environmental justice has long been that by growing our solar capacity wish we were here today to vote for the a concern of mine and of Senator 6,000 percent through multiple utility- REINS Act that requires new regula- WHITEHOUSE. We had the opportunity scale projects and distributed solar. We tions to be voted on by Congress before to visit the neighborhood of have also done our best to adapt to cli- they become enforceable. Instead, this Southbridge. Southbridge is signifi- mate change through community and legislation will inevitably add hun- cantly flooded every time it rains more State-led planning. Our Governor Jack dreds of new regulations. than an inch or two. With subsidence, Markell and former Delaware Sec- I rise today to oppose this bill be- the steady sinking of the land, and retary Collin O’Mara led a fantastic cause it preempts the Constitution’s with sea level rise acting in combina- bottom-up, State-wide level planning intentions for the Federal Government. tion in my State, we will simply see effort to address the impacts of climate I rise today to oppose this bill be- more and more challenges from severe change on water, agriculture, eco- cause the recent history of the EPA is flooding due to sea level rise around systems, infrastructure, and public one that has shown no balance, no the globe and in my home State. health. In December of 2014, they re- quarter, and no concern for thousands It is not just houses and neighbor- leased their climate framework for of Kentuckians they have put out of hoods that are threatened by sea level Delaware—an impressive statewide ef- work. rise; it also affects businesses and en- fort to be prepared for what is coming I rise today to oppose this bill be- tire industries. There is a broad range before it is too late. cause I can’t in good conscience, as a of long-established industries and busi- I believe Delaware is an example of Kentuckian, vote to make the Federal nesses in my State that are placed in how communities that are most vul- EPA stronger. coastal areas because of the history of nerable to climate change can work to- I thank the Presiding Officer, and I our settlement and development. gether across public and private sec- yield my time. Somewhere between 15 and 25 percent The PRESIDING OFFICER (Mr. tors to meet the challenges of climate of all the land used for heavy industry change head-on. That is why I invited GARDNER). The Senator from Okla- in my State will likely be inundated by homa. my friend and colleague Senator Mr. INHOFE. Mr. President, I am sea level rise by the end of the century, WHITEHOUSE. He is a true leader in the prepared to make a unanimous consent and that doesn’t even include all of the work to address climate change, not request. I don’t have the wording yet, other productive land use for agri- only in his home State of Rhode Island but I will momentarily, so I will not culture and tourism that contribute to but across our country, and he has paid take the floor at this time. jobs and revenue in my home State. a visit to my State. The PRESIDING OFFICER. The Sen- Despite our small size and our sig- Every week, Senator WHITEHOUSE ator from Delaware. nificant exposure, we also punch above gives a speech on a different aspect of Mr. COONS. Mr. President, if I might our weight when it comes to tackling climate change, and I was proud to par- make an inquiry about the order. Sen- the challenges of climate change. In ticipate today in his weekly speech on ator WHITEHOUSE and I were about to places like Southbridge, our commu- the topic and thrilled to welcome him engage in a colloquy. nities have come together at the State to my home State in May as part of his The PRESIDING OFFICER. The Sen- and local level to find creative solu- ongoing effort. ator from Delaware is recognized. tions to cope with the flooding that is Before I yield the floor to Senator Mr. COONS. Mr. President, I ask increasingly caused by climate change. WHITEHOUSE, I just want to talk about unanimous consent to engage in a col- This image demonstrates a plan that one other stop on our statewide tour— loquy with Senator WHITEHOUSE of has been developed for the South Wil- a stop in Prime Hook, one of Dela- Rhode Island for up to 20 minutes. mington wetlands project. Senator ware’s two national wildlife refuges. The PRESIDING OFFICER. Is there WHITEHOUSE may describe his visit to The beach in Prime Hook over the last objection? the State of Delaware in more detail, 60 years has receded more than 500 feet. Without objection, it is so ordered. but I wanted to open simply by describ- Over the last decade, storms have bro- CLIMATE CHANGE ing this community response to the ken through the dune line several Mr. COONS. Mr. President, I am so flooding that we saw in the previous times, flooding 4,000 acres of previously pleased to join my colleague, the Sen- slide. We have come together as a com- freshwater marsh. ator from Rhode Island, to discuss one munity to plan a cleanup of a When Hurricane Sandy hit this al- of the most important issues facing fu- brownfield area to create a safe and at- ready fragile shoreline, leaving this ture generations in our world, which is tractive park for the neighborhood and coastline battered, as we can see here, climate change, an issue that also di- to improve water quality and drainage it broke through completely and per- rectly affects both of our coastal and in a way that also creates new eco- manently flooded and destroyed the low-lying States. systems, new opportunities for recre- freshwater marsh. The storm deepened

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.075 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3510 CONGRESSIONAL RECORD — SENATE June 7, 2016 and widened the beach from 300 feet to Port Mahon, where the roads had to be ture’s events to line up just right. Na- about 1,500 feet and exacerbated rou- built up with riffraff to protect against ture throws a long bomb from Tierra tine flooding on local roads used by the sea level rise. But the real prize and del Fuego, where these birds start, and community to access the beach. the prime reason I went was Port off they go. Months later they arrive in For a delicate ecosystem like this Mahon’s avian connection. Among the Delaware Bay timed to this 450 million- wildlife refuge, this type of severe sandpipers, ruddy turnstones, and gulls year-old creature, the horseshoe crab, weather and flooding can be dev- we saw on the shore was a bird called emerging from Delaware Bay to spawn. astating. Over the last 3 years, the U.S. the rufa red knot. Red knots stand out If one environmental event comes too Fish and Wildlife Service has worked from other shore birds on the beach not early or too late or if one food source in tandem with other Federal agencies, only for their colorful burnt orange becomes too limited, the species could State partners, and NGOs to restore plumage but also for the amazing story collapse. this highly damaged fragile ecosystem that accompanies their arrival in Dela- We got ahead of that in the 1990s and rebuild the beach’s defenses. ware each spring. This is a story to when horseshoe crabs became rare be- It is a long story, but you can see the love, and I guess you would have to say cause they were overfished. As their punch line here. As of 2016, construc- a bird to admire. numbers went down, the red knot fell tion of a newly designed, resloped, re- They have only about a 20-inch wing- in accord. If the changes we are so developed barrier has been completed. span at full growth, and the body is recklessly putting in motion on the Senator WHITEHOUSE has also had the only about the size of a teacup, but planet disturb nature’s fateful plan- opportunity to visit this area. The fin- each spring these red knots undertake ning, the red knot could pay a sad ished project will be a saltwater marsh an epic 9,000-plus mile voyage from price. that I am confident will contribute sig- Tierra del Fuego on the southern tip of Some people may snicker and say: nificantly to a durable, resilient, and South America up to the Canadian Arc- There he goes again. Now he is on the long-term ecosystem. tic. After spending the summer nesting Senate floor talking about some stupid This is just one example of the cre- in the Arctic, they make the return bird. But I say this: When one sees the ative things we are doing in Delaware trip south to winter in the Southern voyage that this bird has to make, a to address the impacts of climate Hemisphere. This little bird has one of little shore bird used to running along change and sea level rise. In some ways the longest animal migrations of any the shore making this epic voyage I think the most important and excit- species on Earth. every year—one of them has been ing was the last stop in our statewide How does Delaware come into this? measured, because of a tag on its visit. Well, the red knots fly straight from With that I will turn it over to Sen- ankle, to have flown the distance from Brazil to Delaware Bay. As you can here to the moon and halfway back in ator WHITEHOUSE to discuss in more de- imagine, when they get there, they are tail his visit to Delaware and our last its life—if one can’t see the hand of hungry. They have lost as much as half visit to the southernmost part of my God in that creature, I weep for their home State. their weight. We were told they start soul. The PRESIDING OFFICER. The Sen- to ingest their own organs toward the So I thank my colleague from Dela- ator from Rhode Island. end. ware for his staff and the experts he Mr. WHITEHOUSE. Mr. President, I Delaware Bay is the largest horse- brought along to help us learn about am really grateful to the junior Sen- shoe crab spawning area in the world. this. Like Rhode Island, Delaware has ator from Delaware for inviting me to Each May, horseshoe crabs lay millions been proactive in planning for the risks his home State and for joining me here of eggs. Nearly 2 million horseshoe that we face in a warmer and wetter fu- today for my ‘‘Time to Wake Up’’ crabs were counted in Delaware Bay in ture. speech No. 139. 2015, and a female can lay up to 90,000 I yield the floor to the distinguished Senator COONS and I spent a terrific eggs per spawning season. Do the math. junior Senator from Delaware. day touring the Delaware shore. You That is a lot of eggs. Mr. COONS. With that, Mr. Presi- can say whatever you want about us, The red knots come here timed just dent, I want to conclude by com- but on that day we were the two wet- so by mother nature to bulk up on the menting that our day together began test Members of the U.S. Senate. I can nutritious horseshoe crab eggs to re- and ended with citizen science. The assure you of that. plenish their wasted bodies from the very first thing we did was to visit This is Capitol Hill Ocean Week, and long flight to Delaware Bay and to fuel Delaware’s national park to participate Wednesday is World Oceans Day, so it up for the 2,000 further miles of journey in a bio blitz, where volunteers from all is a good time to consider the effects of to the Canadian Arctic. over the country were identifying spe- global climate change in our oceans. I wanted to see this before it ends. cies and categorizing the threats to The oceans have absorbed one-third of The U.S. Fish and Wildlife Service has them from climate change. The very all carbon dioxide produced since the listed the red knot as threatened under last thing we did was to count horse- industrial revolution and over 90 per- the Endangered Species Act because shoe crabs along the Cape Henlopen cent of the excess heat that has re- ‘‘successful annual migration and shore. I must say that my colleague sulted. That means that by laws of breeding of red knots is highly depend- from Rhode Island, even though there both physics and chemistry, the oceans ent on the timing of departures and ar- was driving rain and there were dif- are warming, rising, and acidifying. rivals to coincide with favorable food ficult conditions, was passionate and Rhode Island is the Ocean State, but and weather conditions in the spring determined to do everything we could give Delaware credit. From the last re- and fall migratory stopover areas and to contribute to the counting effort of port in 2013, it generated around $1 bil- on the Arctic breeding grounds.’’ Cli- the horseshoe crabs that day. It was a lion and over 23,000 jobs from the ocean mate change can bollix up that timing. terrific opportunity to see a State that based in tourism, recreation, shipping, We are already seeing that in a dif- is engaged in planning and preparation and fishing. Like Rhode Island, Dela- ferent subspecies of red knots that mi- and to witness one of the most remark- ware sees its sea level rise at a rate of grate north along the West African able migrations across our globe. 31⁄3 millimeters per year along the coast. A study published in the journal I want to express my gratitude to Delaware shore, 13 inches up over the Science last month found that the ear- Senator WHITEHOUSE for his leadership last 100 years. Delawareans care about lier melt of Arctic snow is accelerating on this issue. this issue. Over a quarter have reported the timeline for the hatching of insects Mr. WHITEHOUSE. Will the Senator personally experiencing the effects of in spring, leading to smaller birds. The yield for a question? sea level rise, two-thirds worry about chicks, being less strong, begin to Mr. COONS. The Senator will yield the effects of sea level rise, and over 75 weaken and can’t feed as successfully, for a question. percent called on the State to take im- and it cascades through an array of Mr. WHITEHOUSE. Were we, indeed, mediate action to combat climate further difficulties. the two wettest Senators that day? change and sea level rise. You actually have to love this unas- Mr. COONS. We were, indeed, the I did enjoy our visit in South Wil- suming and astounding little bird, but most persistently wet Senators in the mington, and I enjoyed the visit to its survival relies on a cascade of na- entire country by the end of a very wet

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.076 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3511 and very fulfilling day up and down the not worked terribly well together on sitting right behind me, Bettina State of Delaware. environmental issues, but because of Poirier, who is my chief of staff on the With that, I thank my colleague from both of our staffs and the Members of committee and chief counsel, and Rhode Island. our committee on both sides of the Jason Albritton, who is my senior ad- I yield the floor. aisle, we were able to tough it out and viser. They worked tirelessly—through The PRESIDING OFFICER. The Sen- come up with a bill that I absolutely the night sometimes—with Senator ator from Oklahoma. believe is better than current law. INHOFE’s staff. Without their work, we f I will be entering into the RECORD ad- never would have gotten to this point, ditional views by four leading Demo- and we never would have gotten to a TSCA MODERNIZATION ACT OF 2015 cratic negotiators—myself, Senator bill worthy of Frank’s name, and it Mr. INHOFE. Mr. President, I ask UDALL, Senator MERKLEY, and Senator means a great deal to me. that the Chair lay before the Senate MARKEY. The first major area of improvement the message to accompany H.R. 2576. I rise in support of H.R. 2576, the is the preemption of State restrictions The Presiding Officer laid before the Frank R. Lautenberg Chemical Safety on toxic chemicals. In the final bill, we Senate the following message from the for the 21st Century Act. I spoke at were able to make important excep- House of Representatives: length about this before, so I won’t go tions to the preemption provisions. Resolved, That the House agree to the on for a long time. But I do want to re- First, the States are free to take amendment of the Senate to the bill (H.R. iterate that the journey to this mo- whatever action they want on any 2576) entitled ‘‘An Act to modernize the ment has been the most complicated chemical until EPA has taken a series Toxic Substances Control Act, and for other journey I have ever had to take on any of steps to study a particular chemical. purposes.’’ with an amendment to the Senate piece of legislation, and I have been Second, when EPA announces the amendment. around here for a long time. chemicals they are studying, the MOTION TO CONCUR It was a critical journey. When nam- States still have up to a year and a half Mr. INHOFE. Mr. President, I move ing a bill after Senator Lautenberg, to take action on these particular to concur in the House amendment to who fought for the environment all his chemicals to avoid preemption until the Senate amendment. life, the bill must be worthy of his the EPA takes final action. I ask unanimous consent that there name, and, finally, this bill is. Third, even after EPA announces its now be 45 minutes of debate on the mo- It didn’t start out that way. I used regulation, the States have the ability tion, and that following the use or every prerogative I had, every tool in to get a waiver so they can still regu- yielding back of time, the Senate vote my arsenal to bring it down until it got late the chemical, and we have made on the motion to concur. better, and it is better. It is better than improvements to that waiver to make The PRESIDING OFFICER. Without current law. it easier for States to act. objection, it is so ordered. Asbestos, for example, is one of the For chemicals that industry has Mr. INHOFE. For the information of most harmful chemicals known to hu- asked EPA to study, we made sure that Senators, this will allow us to pass this mankind, and it takes 15,000 lives a States are not preempted until EPA bill tonight by voice vote. year. It is linked to a deadly form of issues a final restriction on the chem- Mr. President, I ask unanimous con- lung cancer called mesothelioma. Peo- ical, and for that I really want to sent that for that 45 minutes of debate, ple can breathe in these fibers deep thank our friends in the House. They the Senator from California, Mrs. into their lungs where they cause seri- put a lot of effort into that. BOXER, be recognized for 10 minutes; ous damage. We have addressed asbes- The first 10 chemicals EPA evaluates followed by the Senator from Lou- tos in this bill. We didn’t ban it on this under the bill are also exempted from isiana, Mr. VITTER; and then go back bill, which I support—and I have stand- preemption until the final rule is and forth in 5-minute increments. alone legislation to do that—but we issued. Also, State or local restrictions The PRESIDING OFFICER. Is there have made asbestos a priority in this on a chemical that were in place before objection? bill. April 22, 2016, will not be preempted. The Senator from California. Flame retardants are another cat- So I want to say, as someone who Mrs. BOXER. Reserving the right to egory of dangerous chemicals. They comes from the great State of Cali- object, Mr. President, I want to make a have been linked to a wide array of se- fornia—home to almost 40 million peo- little clarification. rious health problems, including can- ple and which has a good strong pro- Senator UDALL has asked for 10 min- cer, reduced IQ, developmental delays, gram—we protected you. Would I rath- utes. If we could use our time, allowing obesity, and reproductive difficulties. er have written this provision myself? this Senator 10 minutes, and then after These harmful chemicals have been Of course, and if I had written it myself Senator VITTER’s time, we would go to added to dozens of everyday items such I would have set a floor in terms of this Senator UDALL for 10 minutes and then as furniture and baby products. So standard and allowed the States to back to the other side. Then Senator when we are talking about TSCA re- take whatever action they wanted to MARKEY wanted 5 minutes and Senator forming the toxic laws, we are not just make it tougher. But this was not to WHITEHOUSE wanted 5 minutes as well— talking about a conversation, we are be. This was not to be. So because I if it would go in that order as stated, not just talking about a theory, we are couldn’t get that done, what we were with 10 for myself, 10 for Senator not talking about something you would able to get done were those four or five UDALL, 5 for Senator MARKEY, and 5 for address in a classroom. We are talking improvements that I cited. Senator WHITEHOUSE. about our families. The States that may be watching Mr. INHOFE. I believe that adds up Now, the negotiations have been this debate can really gear up and to our 45 minutes, and I will just not challenging. Many organizations in move forward right now. There is time. speak until after the vote. many States stood strong despite the You can continue the work on regula- The PRESIDING OFFICER. Is there pressure to step back, and I am so tions you passed before April. You can objection to modifying the request? grateful to them for their persistence. I also have a year and a half once EPA Mrs. BOXER. There would be 5 min- especially want to thank the 450 orga- announces the chemical, and if they utes left, if that is all right. nizations that were part of the Safer don’t announce anything, you can go Mr. INHOFE. I will amend my unani- Chemicals, Healthy Families coalition back to doing what you did before. An mous consent request. that worked with me, as well as the As- EPA that is not funded right, I say to The PRESIDING OFFICER. Is there bestos Disease Awareness Organization my dearest friend on the floor today, is objection? for their efforts. Without them, I would not going to do anything. So the States Without objection, it is so ordered. not have had the ability to negotiate will have the ability to do it. I would Mrs. BOXER. Mr. President, I want important improvements. hope we would fund the EPA so we to start off by thanking my dear Let me highlight briefly a few of the have a strong Federal program and friend, Senator INHOFE. We have had a most important changes in the final strong State programs as well. But we wonderful relationship when it comes bill. I can’t go one more minute with- will have to make sure that the EPA to the infrastructure issues. We have out thanking the two people who are doesn’t continually get cut.

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.078 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3512 CONGRESSIONAL RECORD — SENATE June 7, 2016 The second area of improvement con- Mr. INHOFE. Reserving the right to counsel then; Dimitri Karakitsos, who cerns asbestos. I think I have talked object, we do have this down with five is my counsel and is now a key staffer about that before. It is covered in this people. who continues on the EPW Committee; bill. Mrs. BOXER. I ask unanimous con- Senator Lautenberg’s chief counsel, The third area of improvement con- sent for 30 seconds. I am just going to Ben Dunham; and his chemical adviser, cerns cancer clusters. This one is so end with 30 seconds, and I will add 30 Brendan Bell. dear to my heart and to the heart of seconds to your side. That led finally to this first bipar- my Republican colleague, Senator The PRESIDING OFFICER. Without tisan bill that we introduced on May CRAPO. We wrote a bill together called objection, it is so ordered. 23, 2013. Now, that wasn’t the end of the Community Disease Cluster Assist- Mrs. BOXER. I say to the States: You our TSCA journey. Unfortunately, in ance Act, or ‘‘Trevor’s Law.’’ Trevor’s are free to act with a bad EPA. Com- many ways, the most difficult segment Law provides localities that ask for it pared to where we started, we have a of that journey was soon after that in- a coordinated response to cancer clus- much better balance between the troduction on May 23, because on June ters in their communities. States and the Federal Government. It 3, just a few weeks later, Frank passed. What Trevor taught us from his expe- is not perfect. The bills I worked on The single greatest champion of re- rience with a horrible cancer is that with Frank did not do this. They did forming how chemicals are regulated died at 89 years of age. sometimes these outbreaks occur and not preempt the States. But because of That was heartbreaking. But it was a no one knows why. Yet it is considered this challenging journey, we respected moment when all of us who had been a local issue. Now, if the local commu- each other on both sides, we listened to each other on both sides, and today is involved only redoubled our commit- nity requests it—if they request it— ment to following this through to the they will get help. a day we can feel good about. We have a decent bill, a Federal pro- end. Soon after Frank’s unfortunate Fourth, we have something called passing, our colleague TOM UDALL real- persistent chemicals. Those are chemi- gram, and the States will have a lot of latitude to act. ly stepped up to the plate in a major cals that build up in your body. You way to take Frank’s role as the Demo- just don’t get rid of them. They are a I yield the floor. The PRESIDING OFFICER. The Sen- cratic lead in this effort. We had a priority in this legislation. ator from Louisiana. quiet dinner one night here on Capitol Fifth, another one that is dear to my Mr. VITTER. Mr. President, I rise Hill to talk about our commitment to heart and dear to the heart of Senator also to laud a really significant carry on this fight and get it done. We MANCHIN and Senator CAPITO is this achievement that we are going to final- formed a partnership and a friendship provision that ensures that toxic ize tonight with the final passage of that was really built around this work chemicals stored neared drinking the Frank R. Lautenberg Chemical with an absolute commitment to get water are prioritized. This provision Safety for the 21st Century Act. that done. I will always be so thankful was prompted by the serious spill that This much needed bill will provide to TOM and his partnership and also to contaminated the drinking water sup- updates that have been due literally for his great staff, including their senior plies in West Virginia in 2014, causing decades to the Toxic Substances Con- policy adviser, Jonathan Black. havoc and disruption. They didn’t trol Act of 1976, known as TSCA for As with most major undertakings, we know what the chemical was. It got short, which has been outdated and had a lot of other help all along the into the water. They didn’t know what overdue for updating since almost that way. Early on, at that stage of the to do. As we all remember, it was a time. Now, getting to where we are to- process, Senators CRAPO and ALEX- nightmare for the people there—no night, about to pass this by an over- ANDER were extremely helpful. Also, a more. Now we are going to make sure whelming vote, following the 403-to-12 little later on, Senators BOOKER, that the EPA knows what is stored vote in the House a few weeks ago, did MERKLEY, and MARKEY did a lot to ad- near drinking water supplies. not happen overnight. In fact, it took vance the ball and refine the product. The sixth is very important and is about 5-plus years. Of course, at every step of the way, I something that got negotiated in the In 2011 I started discussions with a continued to meet and talk with Con- dead of night. I want to thank Senator broad array of folks, certainly includ- gressman JOHN SHIMKUS. He was a per- INHOFE’s staff for working with my ing Senator Lautenberg. That is when I sistent and a reliable partner in this staff on this. The bill enables EPA to first sat down with Frank and started process, as was his senior policy ad- order independent testing if there are this process in a meaningful way and viser, Chris Sarley. Throughout this process, staff was safety concerns about a chemical, and when we agreed that we would try to absolutely essential and monumental. these tests will be paid for by the bridge the significant differences be- They did yeoman’s work in very, very chemical manufacturer. I also want to tween our two viewpoints and come up thank Members of the House who real- difficult and trying circumstances. I with a strong bipartisan bill. mentioned Bryan Zumwalt, my former ly brought this to us. That same year I also sat down with chief counsel. He was a driving force Finally, even the standard for evalu- JOHN SHIMKUS of Illinois to let him ating whether a chemical is dangerous behind this. I deeply appreciate and ac- know that Frank and I were going to knowledge his work, as well as some- is far better than in the old TSCA. The put in a lot of effort to come up with bill requires EPA to evaluate chemi- one else I mentioned, Dimitri this framework, and we wanted him to Karakitsos, who continues to work as a cals based on risks, not costs, and con- be a full and equal and contributing siders the impact on vulnerable popu- key staffer on the committee and who partner. Over the next year and a half, is seeing this over the goal line. lations. This is really critical. The old we slogged through that process of try- Let me also thank Ben Dunham, the law was useless. So all of these fixes ing to come up with a strong bipartisan former chief counsel to Senator Lau- make this bill better than current Fed- bill. It wasn’t easy. Between Senator tenberg. I think in the beginning, par- eral law. Lautenberg and myself and our staffs ticularly, Ben, Bryan, and Dimitri gave Looking forward, I want to make a and other staffs, there was an often each other plenty of help but worked point. This new TSCA law will only be brutal stretch of difficult negotiations through very difficult negotiations to as good as the EPA is good. With a and challenging times, testing get it done. good EPA, we can deliver a much safer everybody’s patience. Also, I want to thank Jonathan environment for the American people— Several times we walked away to Black and Drew Wallace in Senator safer products, less exposure to harm- come back together again. Finally, it UDALL’s office and Michal Freedhoff ful toxics, and better health for our did come together. In early 2013, that and Adrian Deveny in Senator MAR- people. With a bad EPA that does not really started taking shape. Toward KEY’s office. value these goals, not much will get the end of April 2013, we were far On the outside, there are a lot of ex- done. But, again, if a bad EPA takes no enough along to lock a small group of perts from all sorts of stakeholders action, States will be free to act. staff and experts in a room to finalize across the political spectrum, certainly Mr. President, I ask for 30 additional that first bipartisan bill. There were including industry representatives seconds, and I will wrap this up. folks like Bryan Zumwalt, my chief with the American Chemistry Council.

VerDate Sep 11 2014 07:14 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.080 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3513 I want to thank Mike Walls, Dell other issues that come before us in the lutionize unnecessary testing on ani- Perelman, Rudy Underwood, Amy Senate. mals, and it will ensure that States can DuVall, Robert Flagg, and, of course I don’t have any doubt that this is a continue to take strong action on dan- their leader, Cal Dooley. historic moment several years and gerous chemicals. Finally, there is one enormous figure Congresses in the making. For the first The Senate is about to pass this leg- who is owed a great debt of gratitude time in 40 years, the United States of islation. It is going to the President, and a lot of credit for seeing this over America will have a chemical safety and he will sign it. Over the past sev- the goal line tonight; that is, Frank’s program that works and that protects eral days, I have gotten the same ques- better half—and I say that with deep our families from dangerous chemicals tion over and over: What made this leg- respect and admiration to Frank, but in their daily lives. This is significant. islation different? Why was the agree- surely his better half—Bonnie Lauten- Most Americans believe that when ment possible when other bills stalled? berg. She has been called the 101st Sen- they buy a product at the hardware I thought about it quite a bit. It wasn’t ator, particularly on this issue. She store or the grocery store, that product that the bill was simple. This was one was devoted to seeing Frank’s work has been tested and determined to be of the most complex environmental completed. I thank her for her relent- safe. But that is not the case. pieces of legislation around. It cer- less effort reaching out to Members in Americans are exposed to hundreds of tainly wasn’t a lack of controversy. the House and Senate and stakeholders chemicals from household items. We This process almost fell apart many to make sure this happened. carry them around with us in our bod- times. It certainly wasn’t a lack of in- As I mentioned at the beginning, this ies and even before we are born. Some terest from stakeholders. Many groups is long overdue. All stakeholders across are known as carcinogens, others as were involved, all with strong and pas- the political spectrum agreed for dec- highly toxic. But we don’t know the sionate views and some with deep dis- ades that this aspect of the law needed full extent of how they affect us be- trust. We faced countless obstacles, but to be updated. We needed to fully pro- cause they have never been tested. I think what made this possible was tect public health and safety, which we When this bill becomes law, there will the commitment and the willpower by all want to do. We also needed to en- finally be a cop on the beat. everyone involved to see good legisla- sure that American companies, which Today, under the old TSCA, review- tion through and endure the slings and are world leaders today in science, re- ing chemicals is discretionary. When the arrows. I say a heartfelt thank-you search, and innovation remain so and this bill is law, the EPA will be re- to everyone involved. do not get put behind a regulatory sys- quired to methodically review all exist- I remember having dinner with Sen- tem which is overly burdensome and ing chemicals for safety, starting with ator VITTER one evening early on when unworkable. the worst offenders. Today, the old law I was trying to decide whether I would This TSCA reform bill, properly requires that the EPA consider the take up Frank Lautenberg’s work on named after Frank Lautenberg, costs and benefits of regulation when this bill. There was already plenty of achieves those goals. It is a positive, studying the safety of chemicals. Very controversy and concern about the bill. workable compromise in the best sense soon, EPA will have to consider only Senator VITTER and I were not used to of that term, so that we will achieve the health and environmental impacts working with each other. In fact, we public health and safety. It ensures of a chemical. If they demonstrate a have almost always been on opposite that our leading American companies, risk, EPA will have to regulate. sides. But I left that dinner with the great scientists, great innovators, and Very soon, it will be enshrined in the feeling that Senator VITTER was com- great world leaders in this sector re- law that the EPA most protect the mitted, that he wanted to see this main just that and that they remain most vulnerable people—pregnant process through and was willing to do what it would take. For 3 years, I never the world leaders we want and need women, infants, the elderly, and chem- doubted that. Both of us took more them to continue to be. ical workers. Today, the old TSCA puts than a little heat. We both had to push So I thank all of those who have con- burdensome testing requirements on hard and get important groups to the tributed to this long but ultimately the EPA. To test a chemical, the EPA table and make sure they stayed at the successful and worthwhile effort. With has to show a chemical possesses a po- table. I thank Senator VITTER. He has that, I look forward to our vote. tential risk, and then it has to go been a true partner in this process. I yield the floor. through a long rulemaking process. There are many others to thank, and The PRESIDING OFFICER. The Sen- Very soon, EPA will have authority I will, but before I do that, I want to ator from New Mexico. to order testing without those hurdles. say a few words about this bill’s name- Mr. UDALL. Mr. President, let me Today, the old TSCA allows new sake. Frank Lautenberg was a cham- just initially, while Senator VITTER is chemicals to go to market without any pion for public health and a dogged, de- still on the floor here, thank him so real review, an average of 750 a year. termined leader for TSCA reform. He much. He was a great partner in terms Very soon, the EPA will be required to cared so much for his children and of working on this piece of legislation determine that all chemicals are safe grandchildren that he wanted to leave thoroughly through the process over 3 before they go to the market. a better, healthier, safer environment years. We met, I think, about 3 years Today, the old TSCA allows compa- for them. He always said that TSCA re- ago and had a dinner and decided, after nies to hide information about their form would save more lives than any- Frank Lautenberg had died—he did a products, claiming it is confidential thing he ever worked on. lot of work on the bill—that we would business information, even in an emer- This is a bittersweet moment for all pick it up and make it happen. He has gency. Very soon, we will ensure that of us because Frank isn’t here to see been a man of his word, and it has been companies can no longer hide this vital this happen, but I have faith that he is a real pleasure working with him. information. watching us and he is cheering us on. Let me just say about Chairman States, medical professionals and the His wife Bonnie has been here working INHOFE that what they say in the Sen- public will have access to the informa- as the 101st Senator. She has been a ate is that if you have a strong chair- tion they need to keep communities force and inspiration, keeping us going, man, you can get a bill done. He has safe. Businesses will have to justify pushing us when we needed it. She been remarkable in terms of his when they keep information confiden- helped us fulfill Frank’s vision. strength and his perseverance in terms tial. That right will expire after 10 In the beginning, we thought the bill of moving this bill. So we are at a very, years. Today, the old TSCA underfunds might not ever get introduced in the very historic point today. I think I the EPA so it doesn’t have the re- Senate. We entered this Congress after would call it a historic moment. I sources to do its job. the Republicans took the majority. thank the Senator. It has been a pleas- Very soon, there will be a dedicated Many felt that strong environmental ure working with the Senator. I en- funding stream for TSCA. It will re- legislation was impossible. They urged joined working with the Senator when quire industry to pay its share, $25 mil- us to wait. But many of us felt that 40 I was on the committee, and I am going lion a year. In addition, this new law years was already too long to wait. We to enjoy working with Chairman will ensure victims can get access to knew we could do it, make it better, INHOFE in the future in terms of many the courts if they are hurt. It will revo- and get it passed.

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Yes, that is already a way Americans expect us to. They say that in order to get things unanimous consent. Although there are many people who done in Washington, you need a good, The PRESIDING OFFICER. The Sen- helped to create this moment, I wish to strong chairman, and Chairman INHOFE ator from Massachusetts. thank some whose work over the past fits that description. I thank Chairman Mr. MARKEY. Mr. President, today few months I especially want to recog- INHOFE and especially his staff, Ryan Congress stands ready to reform the nize. Jackson and Dimitri Karakitsos. last of the core four environmental I thank Bonnie Lautenberg. On be- Chairman INHOFE’s team was instru- statutes. It may do so with a stronger half of her husband Frank, she was re- mental in moving things forward and bipartisan vote than any other major lentless. working with me to ensure that we environmental statute in recent Amer- Senator INHOFE and his staffers, built the broadest possible support. ican history. Ryan Jackson and Dimitri Karakitsos, They knew that with broad support, we For a generation, the American peo- remained as committed to agreements could do better than get it out of com- ple have been guinea pigs in a terrible they made about Senate Democratic mittee, we could get it across the fin- chemical experiment. Told that all the priorities as they were to their own ish line. advances in our chemistry labs would commitment priorities throughout this There are days when we all feel dis- make us healthier, happier, and safer, process. I couldn’t have imagined a couraged by gridlock here in Wash- American families have had to suffer stronger or more constructive partner- ington, but Chairman INHOFE and Sen- with decades of a law that did nothing ship. ator VITTER rose above that. They saw to ensure that was true. That is be- the value of working together across I would like to thank Senator UDALL cause when the industry successfully party and across House and Senate. and his staffers, Drew Wallace and Jon- overturned the EPA’s proposed ban on Senators BOOKER, MERKLEY, and athan Black, whose leadership—espe- asbestos, it also rendered the Toxic WHITEHOUSE all understood that we cially during these challenging mo- could work together. I thank them, Substance Control Act all but unus- ments—was very important. too, for sticking with this bill and able. Children shouldn’t be unwitting I also thank Senator MERKLEY and working through differences. As a re- scientific subjects. Today we have a his staff, Adrian Deveny, whose cre- sult of their efforts, the bill gives chance to protect them by reforming ativity often led us to legislative States stronger protections, it helps re- this failed law. breakthroughs, especially when it duce unnecessary testing on animals, As ranking Democrat on the Senate came to crafting certain preemption and it includes a number of other im- subcommittee of jurisdiction, I was one compromises. provements. Their staff—Adam Zipkin, of a handful of Members who partici- My own staff, Michal Freedhoff, has Adrian Deveny, and Emily Enderle, pated in an informal conference with done little but this for 1 consecutive among others—were key. the House. With Senators UDALL, year. This is her 20th year on my staff. A strong bipartisan vote of 15 to 5 out BOXER, and MERKLEY, I have prepared a With her Ph.D. in biochemistry—it was of the committee set us up for action document that is intended to memori- invaluable in negotiating with the on floor. As many of you know, floor alize certain agreements made in the American Chemistry Council and all time is valuable and hard to come by bicameral negotiations that would other interests. and subject to nonpertinent issues. We typically have been included in a con- I want to thank many other Mem- needed to work to ensure the broadest ference report. bers: Senator BOXER; Senator WHITE- possible support. We did that with Sen- In our work with the House, we truly HOUSE and his staff, Bettina, along with ators DURBIN and MARKEY, our 59th and did take the best of both bills when it BARBARA BOXER; Senator MCCONNELL; 60th cosponsors of our legislation. I came to enhancing EPA’s authority to Senator REID; Senator DURBIN—all cen- thank them and their staff members, regulate chemicals. tral players in making sure this legis- Jasmine Hunt and Michal Freedhoff, The degree to which States will be lation was here today. for their important work to improve preempted as the Federal Government I thank the spectacular and hard- key aspects of the Federal program, regulates chemicals has been a source working EPA team, all of whom pro- such as fees and implementation dates, of considerable debate since this bill vided us with technical assistance and and to ensure that we could pass this was first introduced. I have always other help, often late at night and be- bill through the Senate. been a very strong supporter of States’ fore the dawn. The PRESIDING OFFICER (Mr. rights to take actions needed to pro- I thank Gina McCarthy, Jim Jones, ROUNDS). The time of the Senator has tect their own residents. For many of Wendy Cleland-Hamnet, Ryan Wallace, expired. us, accepting preemption of our States Priscilla Flattery, Kevin McLean, Mr. UDALL. Mr. President, has my was a difficult decision that we only Brian Grant, David Berol, Laura time expired? made as we also secured increases to Vaught, Nicole Distefano, Sven-Erik The PRESIDING OFFICER. Yes, it the robustness of the EPA chemical has. Kaiser, and Tristan Brown. Mr. UDALL. Thank you very much. safety program. The PRESIDING OFFICER. The time Let me just say that I am going to I am particularly pleased that efforts of the Senator has expired. stay over. I thank the two Senators. I I helped lead resulted in the assurance Mr. MARKEY. Mr. President, I ask am going to stay with Senator INHOFE that Massachusetts’ pending flame re- unanimous consent for 1 additional and thank additional people because I tardant law will not be subjected to minute. think it is that important, but we have pause preemption and that there is a The PRESIDING OFFICER. Is there this time agreement, and we need to mechanism in the bill to ensure that objection? move on. States’ ongoing work on all chemicals Without objection, it is so ordered. I yield to Senator MARKEY for 5 min- can continue while EPA is studying Mr. MARKEY. I also thank Ryan utes, and then we are going to Senator those chemicals. Schmit, Don Sadowsky, and Scott WHITEHOUSE for 5 minutes unless there The fact that the bill is supported by Sherlock. is a Republican to intervene. Chairman the EPA, the chemical industry, the I want to thank Stephenne Harding INHOFE, is that correct? chamber of commerce, and the trial and Andrew McConville at CEQ, whose Mr. INHOFE. That is right. lawyers tells you something. The fact day-to-day engagement helped us, espe- I would also say that I will forgo my that a staggering 403 Members of the cially in these last few weeks. remarks in order to give them more House of Representatives voted for this There are some outside stakeholders time until after the vote. TSCA bill—more than the number who who worked particularly closely with

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This was a bi- year. that this bill could come to the place cameral village. It has reached a suc- This is a huge bill. It is a historic where this day could happen. cessful conclusion. moment. It is going to make a dif- There are times when legislation is In the most powerful Nation on ference in the lives of millions of legislation, and there are times when Earth, we should not be powerless to Americans. It is the most significant legislation has a human story behind protect our citizens from toxic chemi- environmental law passed in this gen- it. This is a human story of courage, cals in everyday products. Today eration. foresight, persistence, patience, and marks a sea shift in which we finally The PRESIDING OFFICER. The time willingness to absorb a considerable begin to change that. For too long, we of the Senator has expired. number of slings and arrows on the way have been unable to protect our citi- Mr. MARKEY. The old law did not to a day when slings and arrows are fi- zens from toxic chemicals that hurt work. This one is going to protect the nally put down and everybody can pregnant women and young children, American people. shake hands and agree we have, I chemicals that hurt our children’s de- I yield back the remainder of my think, a terrific victory. While there is velopment, chemicals that cause can- time. much credit in many places, my heart cer. The PRESIDING OFFICER. The Sen- in this is with Senator TOM UDALL of ator from Rhode Island. New Mexico. The Frank R. Lautenberg Chemical Mr. WHITEHOUSE. Mr. President, as Mr. President, I yield the floor. Safety for the 21st Century Act will the song said, it has been a long, The PRESIDING OFFICER. The Sen- tremendously improve how we regulate strange trip getting here, and it has ator from Oregon. toxic chemicals in the United States— had its share of near-death experiences, Mr. MERKLEY. Mr. President, today, those that are already in products and as Senator UDALL is intimately aware while the Nation has been focused on should no longer be used and those new of. I was involved with Senator the final six primaries across the Na- chemicals that are invented that MERKLEY and Senator BOOKER in one of tion, the final six State primaries should be thoroughly examined before those near-death experiences. If this across the Nation, something extraor- they end up in products—and make was a rocket with stages, one of the dinary is unfolding here on the floor of sure that toxic chemicals don’t find major stages was the Merkley-Booker- the Senate. The Senate is taking the their way into our classrooms, into our Whitehouse effort in the committee. I final congressional act to send the bedrooms, into our homes, into our just wanted to say it was the first time Frank R. Lautenberg Chemical Safety workplaces. Now the Environmental the three of us worked together as a for the 21st Century Act to the Presi- Protection Agency will have the tools triumvirate. They were wonderful to dent’s desk. and resources needed to evaluate the work with. They were truly a pleasure. This is landmark legislation that dangerous chemicals and to eliminate We had a lot on our plates. We made honors the legacy of our dear colleague any unsafe uses. about a dozen major changes in the Frank Lautenberg. This is landmark My introduction to this issue began bill. legislation that will make a real dif- with a bill in the Oregon State Legisla- I want to take just a moment to ference for the health and safety of ture about the cancer-causing flame thank Emily Enderle on my staff, who every American. This is the first sig- retardants that are in our carpets and was terrific through all of the negotia- nificant environmental legislation to our couches and the foam in our fur- tions and renegotiations and counter- be enacted by this Chamber in 25 years. niture that should not be there. This negotiations in that stage. But this This bill—this extraordinary bill— bill gives us the ability to review that was obviously a rocket that had many brought Democrats and Republicans and to get rid of those toxic chemicals. more stages than that one. together to take action to protect pub- It was enormously disturbing to me I thank Chairman INHOFE and his lic health. I have been honored to be a staff for their persistence through all part of this coalition as we have to find out that our little babies crawl- of this. worked toward a final bill for over a ing on the carpet, their noses 1 inch off the ground, were breathing in dust Ranking Member BOXER was relent- year. It hasn’t been easy, but things less in trying to make this bill as worth doing are rarely easy. from the carpet that included these strong as she could make it through A huge thank-you to Senators UDALL cancer-causing flame retardants. It every single stage, and it is marked by and VITTER, who cosponsored this bill, should never have happened, but we did that persistence. lead the way; Senators BOXER and not have the type of review process Senator VITTER and Senator UDALL INHOFE, the chair and ranking member that protects Americans. Now we will. forged the original notion that this of the Environment Committee; and So, together, a bipartisan team has compromise could be made to happen, Senators MARKEY, WHITEHOUSE, and run a marathon, and today we cross the and they have seen it through, so I con- BOOKER for their leadership and con- finish line. In short order, this bill will gratulate them. tributions throughout this entire proc- be sitting in the Oval Office, on the The House had a rather different ess. President’s desk, and he will be putting view of how this bill should look. Be- Also, a special thank-you to the staff ink to paper and creating this new and tween Senator INHOFE, Senator UDALL, who worked day and night. I know I re- powerful tool for protecting the health Representative PALLONE, and Rep- ceived calls from my staff member of American citizens. That is an enor- resentative UPTON, they were able to Adrian Deveny at a variety of hours on mous accomplishment. work out a bicameral as well as a bi- a variety of weekends as he worked Mr. President, on behalf of Senator partisan compromise that we all could with other staff members to work out, BOXER, the printing cost of the state- agree to. iron out the challenges that remained, ment of additional views with respect There are a lot of thanks involved, so a special thank-you to Adrian to H.R. 2576, TSCA, will exceed the but I close by offering a particular Deveny. two-page rule and cost $2,111.20. thank-you to my friend Senator Just a short time ago, I had the UDALL. In Greek mythology there is a chance to speak to Bonnie Lautenberg, I ask unanimous consent that the Titan, Prometheus, who brought fire to Frank Lautenberg’s wife. She would Boxer statement of additional views be humankind. His penalty for bringing have loved to have been here when we printed in the RECORD. fire to humankind was to be strapped took this vote, but she is going to be There being no objection, the mate- to the rock by chains and have Zeus down in the Capitol next week with rial was ordered to be printed in the send an eagle to eat his liver every sin- children and grandchildren. I hope to RECORD, as follows:

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DETAILED ANALYSIS AND ADDITIONAL VIEWS make an affirmative finding regarding the tial hazard and a potential route of exposure OF DEMOCRATIC MEMBERS ON THE MOTION TO chemical’s or significant new use’s potential under the conditions of use, including an un- CONCUR IN THE HOUSE AMENDMENT TO THE risks as a condition for commencement of reasonable risk to a potentially exposed or SENATE AMENDMENT TO THE BILL H.R. 2576 manufacture for commercial purposes and, susceptible subpopulation identified as rel- ENTITLED ‘‘AN ACT TO MODERNIZE THE in the absence of a finding that the chemical evant by the Administrator. TOXIC SUBSTANCES CONTROL ACT, AND FOR or significant new use is not likely to ‘‘(ii) LOW–PRIORITY SUBSTANCES.—The OTHER PURPOSES’’ JUNE 7, 2016 present an unreasonable risk, manufacture Administrator shall designate a chemical As the lead Senate Democratic negotiators will not be allowed to occur. If EPA finds substance as a low-priority substance if the on H.R. 2576, (hereinafter referred to as the that it lacks sufficient information to evalu- Administrator concludes, based on informa- Frank R. Lautenberg Chemical Safety for ate the chemical’s or significant new use’s tion sufficient to establish, without consid- the 21st Century Act), we submit the fol- risks or that the chemical or significant new eration of costs or other nonrisk factors, lowing additional views that describe the in- use does or may present an unreasonable that such substance does not meet the stand- tent of the negotiators on elements of the risk, it is obligated to issue an order or rule ard identified in clause (i) for designating a final bill text. that precludes market entry or imposes con- chemical substance a high-priority sub- ditions sufficient to prevent an unreasonable stance.’’ 1. ‘‘WILL PRESENT’’ risk. EPA can also require additional test- The direction to EPA for the designation Existing TSCA as in effect before the date ing. Only chemicals and significant new uses of low-priority substances is of note in that of enactment of Frank R Lautenberg Chem- that EPA finds are not likely to present an it requires such designations to be made only ical Safety for the 21st Century Act includes unreasonable risk can enter production with- when there is ‘‘information sufficient to es- the authority, contained in several sections out restriction. This affirmative approach to tablish’’ that the standard for designating a (see, for example, section 6(a)), for EPA to better ensuring the safety of new chemicals substance as a high-priority substance is not take regulatory actions related to chemical entering the market is essential to restoring met. Clear authority is provided under sec- substances or mixtures if it determines that the public’s confidence in our chemical safe- tion 4(a)(2)(B), as created in the Frank R the chemical substance or mixture ‘‘presents ty system. Lautenberg Chemical Safety for the 21st or will present’’ an unreasonable risk to Century Act, to enable EPA to obtain the in- 4. UNREASONABLE RISK health or the environment. formation needed to prioritize chemicals for TSCA as in effect before the date of enact- The Frank R. Lautenberg Chemical Safety which information is initially insufficient. ment of the Frank R. Lautenberg Chemical for the 21st Century Act includes language The bill text also goes on to state that if Safety for the 2lst Century Act authorized that removes all instances of ‘‘will present’’ ‘‘the information available to the Adminis- EPA to regulate chemical substances if it de- from existing TSCA and the amendments trator at the end of such an extension [for termined that the chemical substance ‘‘pre- thereto. This does not reflect an intent on testing of a chemical substance in order to sents or will present an unreasonable risk of the part of Congressional negotiators to re- determine its priority designation] remains injury to health or the environment.’’ In its move EPA’s authority to consider future or insufficient to enable the designation of the decision in Corrosion Proof Fittings vs EPA, reasonably anticipated risks in evaluating chemical substance as a low-priority sub- the U.S. Court of Appeals, 5th Circuit over- whether a chemical substance or mixture stance, the Administrator shall designate turned EPA’s proposed ban on asbestos, in presents an unreasonable risk to health or the chemical substance as a high-priority part because it believed that the environment. In fact, a new definition substance.’’ ‘‘In evaluating what is ‘‘unreasonable,’’ the added to TSCA explicitly provides such au- These provisions are intended to ensure EPA is required to consider the costs of any thority and a mandate for EPA to consider that the only chemicals to be designated proposed actions and to ‘‘carry out this conditions of use that are not currently low-priority are those for which EPA both chapter in a reasonable and prudent manner known or intended but can be anticipated to has sufficient information and, based on that [after considering] the environmental, eco- occur: information, affirmatively concludes that nomic, and social impact of any action.’’ 15 ‘(4) The term ‘conditions of use’ means the the substance does not warrant a finding U.S.C. § 2601(c). circumstances, as determined by the Admin- that it may present an unreasonable risk. As the District of Columbia Circuit stated istrator, under which a chemical substance 6. INDUSTRY REQUESTED CHEMICALS is intended, known, or reasonably foreseen to when evaluating similar language governing Sec. 6(b)(4)(E) sets the percentage of risk be manufactured, processed, distributed in the Federal Hazardous Substances Act, evaluations that the Administrator shall commerce, used, or disposed of’’; ‘‘[t]he requirement that the risk be ‘unrea- sonable’ necessarily involves a balancing conduct at industry’s request at between 25 2. MIXTURES test like that familiar in tort law: The regu- percent (if enough requests are submitted) In section 6(b) of TSCA, as amended by the lation may issue if the severity of the injury and 50 percent. The Administrator should set Frank R Lautenberg Chemical Safety for the that may result from the product, factored up a system to ensure that those percentages 21st Century Act, EPA is directed to under- by the likelihood of the injury, offsets the are met and not exceeded in each fiscal year. take risk evaluations on chemical sub- harm the regulation itself imposes upon An informal effort that simply takes re- stances in order to determine whether they manufacturers and consumers.’’ Forester v. quests as they come in and hopes that the pose an unreasonable risk to health or the CPSC, 559 F.2d 774 789 (D.C.Cir.1977). We have percentages will work out does not meet the environment. Some have questioned whether quoted this language approvingly when eval- requirement that the Administrator ‘‘en- the failure to explicitly authorize risk eval- uating other statutes using similar lan- sure’’ that the percentages be met. Also, uations on mixtures calls into question guage. See, e.g., Aqua Slide, 569 F.2d at 839.’’ clause (E)(ii) makes clear that industry re- EPA’s authority to evaluate the risks from The Frank R Lautenberg Chemical Safety quests for risk evaluations ‘‘shall be’’ subject chemical substances in mixtures. for the 21st Century Act clearly rejects that to fees. Therefore, if at any point the fees The definition of ’conditions of use’ de- approach to determining what ‘‘unreasonable imposed by the Frank Lautenberg Act scribed above plainly covers all uses of a risk of injury to health or the environment’’ (which are subject to a termination in sec- chemical substance, including its incorpora- means, by adding text that directs EPA to tion 26(b)(6)) are allowed to lapse, industry’s tion in a mixture, and thus would clearly en- determine whether such risks exist ‘‘without opportunity to seek risk evaluations will able and require, where relevant, EPA to consideration of costs or other nonrisk fac- also lapse and the minimum 25 percent re- evaluate the risks of the chemical substance tors’’ and, if they do, to promulgate a rule quirement will not apply. as a component of a mixture. that ensures ‘‘that the chemical substance 7. PACE OF AND LONG-TERM GOAL FOR EPA 3. NEW CHEMICALS no longer presents such risk.’’ In this man- SAFETY REVIEWS OF EXISTING CHEMICALS While existing TSCA does not preclude ner, Congress has ensured that when EPA Existing TSCA grandfathered in tens of EPA from reviewing new chemicals and sig- evaluates a chemical to determine whether thousands of chemicals to the inventory nificant new uses following notification by it poses an unreasonable risk to health or without requiring any review of their safety. the manufacturer or processor, it does not the environment and regulates the chemical The Frank R. Lautenberg Chemical Safety require EPA to do so or to reach conclusions if it does, the Agency may not apply the sort for the 21st Century Act sets in motion a on the potential risks of all such chemicals of ‘‘balancing test’’ described above. process under which EPA will for the first before they enter the marketplace. EPA has 5. PRIORITIZATION time systematically review the safety of authority to issue orders blocking or lim- Section 6(b) of TSCA, as amended by the chemicals in active commerce. While this iting production or other activities if it finds Frank R. Lautenberg Chemical Safety for will take many years, the goal of the legisla- that available information is inadequate and the 21st Century Act, defines high-priority tion is to ensure that all chemicals on the the chemical may present an unreasonable chemical substances and low-priority chem- market get such a review. The initial targets risk, but the burden is on EPA to invoke this ical substances as follows: for numbers of reviews are relatively low, re- authority; if it fails to do so within the 90– ‘‘(i) HIGH–PRIORITY SUBSTANCES.—The flecting current EPA capacity and resources. 180 day review period, manufacture of the Administrator shall designate as a high-pri- These targets represent floors, not ceilings, new chemical can automatically commence. ority substance a chemical substance that and Senate Democratic negotiators expect This bill makes significant changes to this the Administrator concludes, without con- that as EPA begins to collect fees, gets pro- passive approach under current law: For the sideration of costs or other nonrisk factors, cedures established and gains experience, first time, EPA will be required to review all may present an unreasonable risk of injury these targets can be exceeded in furtherance new chemicals and significant new uses and to health or environment because of a poten- of the legislation’s goals.

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8. ‘‘MAXIMUM’’ EXTENT PRACTICABLE EPA must ‘‘factor in’’ the considerations de- expectations for chemical prioritization, risk Several sections of the Frank R. Lauten- scribed in the statement ‘‘to the extent prac- evaluation, and risk management. The inter- berg Chemical Safety for the 21st Century ticable’’ and ‘‘in accordance with subsection agency referral process and the intra-agency Act include direction to EPA to take certain (a).’’ As revised, subsection (a) deletes the consideration process established under Sec- actions to ‘‘the extent practicable’’, in con- paralyzing ‘‘least burdensome’’ requirement tion 9 of existing TSCA must now be re- trast to language in S 697 as reported by the in the existing law and instructs that EPA’s garded in a different light since TSCA can no Senate that actions be taken to ‘‘the max- rule must ensure that the chemical sub- longer be construed as a ‘‘gap-filler’’ statu- imum extent practicable.’’ During House- stance or mixture ‘‘no longer presents’’’ the tory authority of last resort. The changes in Senate negotiations on the bill, Senate nego- unreasonable risk identified in the risk eval- section 9 are consistent with this recognition tiators were informed that House Legislative uation. Thus, it is clear that the consider- and do not conflict with the fundamental ex- Counsel believed the terms ‘‘extent prac- ations in the statement required under sub- pectation that, where EPA concludes that a ticable’’ and ‘‘maximum extent practicable’’ paragraph (c)(2)(A) do not require EPA to chemical presents an unreasonable risk, the are synonymous, and ultimately Congress demonstrate benefits outweigh costs, to de- Agency should act in a timely manner to en- agreed to include ‘‘extent practicable’’ in the finitively determine or select the least-cost sure that the chemical substance no longer Frank R. Lautenberg Chemical Safety for alternative, or to select an option that is de- presents such risk. Thus, once EPA has the 21st Century Act with the expectation monstrably cost-effective or is the least bur- reached this conclusion, Section 9(a) is not that no change in meaning from S 697 as re- densome adequately protective option. Rath- intended to supersede or modify the Agen- ported by the Senate be inferred from that er, it requires only that EPA take into ac- cy’s obligations under Sections 6(a) or 7 to agreement. count the specified considerations in decid- address risks from activities involving the ing among restrictions to impose, which chemical substance, except as expressly 9. COST CONSIDERATIONS IN RULEMAKING must be sufficient to ensure that the subject identified in a section 9(a) referral for regu- Section 6(c)(2) of TSCA, as amended by the chemical substance no longer presents the lation by another agency which EPA believes Frank R. Lautenberg Chemical Safety for unreasonable risk EPA has identified. The has sufficient authority to eliminate the risk the 21st Century Act lists what is required in Frank R. Lautenberg Chemical Safety for and where the agency acts in a timely and analysis intended to support an EPA rule for the 21st Century Act clearly rejects the regu- effective manner to do so. a chemical substance or mixture: latory approach and framework that led to Regarding EPA’s consideration of whether ‘‘(2) REQUIREMENTS FOR RULE.—‘‘(A) the failed asbestos ban and phase-out rule of to use non-TSCA EPA authorities in order to STATEMENT OF EFFECTS.—In proposing 1989 in Corrosion Proof Fittings v. EPA 947 address unreasonable chemical risks identi- and promulgating a rule under subsection (a) F.2d 1201 (5th Cir. 1991). fied under TSCA, the new section 9(b)(2) with respect to a chemical substance or mix- 10. ‘‘MINIMUM’’ LABELING REQUIREMENTS merely consolidates existing language which ture, the Administrator shall consider and was previously split between section 6(c) and publish a statement based on reasonably Section 6(a) of TSCA, as amended by the Frank R Lautenberg Chemical Safety for the section 9(b). It only applies where the Ad- available information with respect to— ministrator has already determined that a ‘‘(i) the effects of the chemical substance 21st Century Act, ensures that the require- ments EPA can impose to address an unrea- risk to health or the environment associated or mixture on health and the magnitude of with a chemical substance or mixture could the exposure of human beings to the chem- sonable risk to health or the environment in- clude requiring ‘‘clear and adequate min- be eliminated or reduced to a sufficient ex- ical substance or mixture; tent by additional actions taken under other ‘‘(ii) the effects of the chemical substance imum’’ warnings. The addition of the word ‘‘minimum’’ was intended to avoid the sort EPA authorities. It allows the Administrator or mixture on the environment and the mag- substantial discretion to use TSCA nonethe- nitude of the exposure of the environment to of litigation that was undertaken in Wyeth v. Levine, 555 U.S. 555 (2009), when a plaintiff less, and it certainly does not reflect that such substance or mixture; TSCA is an authority of last resort in such ‘‘(iii) the benefits of the chemical sub- won a Supreme Court decision after alleging cases. Importantly, the provision adds a new stance or mixture for various uses; and that the harm she suffered from a drug that qualification, not in original TSCA, that the ‘‘(iv) the reasonably ascertainable eco- had been labeled in accordance with FDA re- required considerations are to be ‘‘based on nomic consequences of the rule, including quirements had nevertheless been inad- information reasonably available to the Ad- consideration of— equately labeled under Vermont law. This ministrator’’ to ensure that such consider- ‘‘(I) the likely effect of the rule on the na- ensures that manufacturers or processors of ations do not require additional information tional economy, small business, techno- chemical substances and mixtures can al- to be collected or developed. Furthermore, logical innovation, the environment, and ways take additional measures, if in the in- none of these revisions were intended to public health; terest of protecting health and the environ- ‘‘(II) the costs and benefits of the proposed ment, it would be reasonable to do so. alter the clear intent of Congress, reflected in the original legislative history of TSCA, and final regulatory action and of the 1 or 11. CRITICAL USE EXEMPTIONS that these decisions would be completely dis- more primary alternative regulatory actions Section 6(g) of TSCA, as amended by the considered by the Administrator; and cretionary with the Administrator and not Frank R Lautenberg Chemical Safety for the subject to judicial review in any manner. ‘‘(III) the cost effectiveness of the proposed 21st Century Act, authorizes EPA to exempt 14. DISCLOSURE OF CONFIDENTIAL BUSINESS regulatory action and of the 1 or more pri- specific conditions of use from otherwise ap- INFORMATION mary alternative regulatory actions consid- plicable section 6(a) rule requirements, if ered by the Administrator. EPA makes specified findings. Section 6(g)(4) S. 697 as passed by the Senate included sev- The language above specifies the informa- in turn requires EPA to include in such an eral requirements as amendments to sections tion on effects, exposures and costs that EPA exemption conditions that are ‘‘necessary to 8 and 14 of existing TSCA that direct EPA to is to consider in determining how to regulate protect health and the environment while ‘‘promptly’’ make confidential business in- a chemical substance that presents an unrea- achieving the purposes of the exemption.’’ It formation public when it determines that sonable risk as determined in EPA’s risk is Congress’ intent that the conditions EPA protections against disclosure of such infor- evaluation. imposes will protect health and the environ- mation should no longer apply. The Frank R. Senate Democratic negotiators clarify ment to the extent feasible, recognizing Lautenberg Chemical Safety for the 21st that sections 6(c)(2)(A)(i) and (ii) do not re- that, by its nature, an exemption will allow Century Act instead directs EPA to remove quire EPA to conduct a second risk evalua- for activities that present some degree of un- the protections against disclosure when it tion-like analysis to identify the specified reasonable risk. determines that they should no longer apply. information, but rather, can satisfy these re- Because EPA informed Senate negotiators 12. REGULATORY COMPLIANCE quirements on the basis of the conclusions that its practice is to promptly make public regarding the chemical’s health and environ- Several sections of the Frank R. Lauten- information that is no longer protected mental effects and exposures in the risk berg Chemical Safety for the 21st Century against disclosure, we see no difference or evaluation itself. Act clarify the Congressional intent that distinction in meaning between the language The scope of the statement EPA is re- compliance with federal EPA standards, in S. 697 as passed and the Frank R. Lauten- quired to prepare under clauses (i)–(iv) is rules or other requirements shall not pre- berg Chemical Safety for the 21st Century bounded in two important respects. First, it clude liability in circumstances where a rea- Act, and expect EPA to continue its current is to be based on information reasonably sonable manufacturer or processor or dis- practice of affirmatively making public in- available to EPA, and hence does not require tributor of a chemical substance or mixture formation that is not or no longer protected new information collection or development. could or should have taken additional meas- from disclosure as expeditiously as possible. Second, EPA’s consideration of costs and ures or precautions in the interest of pro- Subsection 14(d)(9) of TSCA, as amended by benefits and cost-effectiveness is limited to tecting public health and the environment. the Frank R. Lautenberg Chemical Safety the requirements of the rule itself and the 1 13. TSCA AS THE PRIMARY STATUTE FOR THE for the 21st Century Act, further clarifies the or more ‘‘primary’’ alternatives it consid- REGULATION OF TOXIC SUBSTANCES Congressional intent that any information ered, not every possible alternative. The role EPA’s authorities and duties under section required pursuant to discovery, subpoena, of the statement required under subpara- 6 of TSCA have been significantly expanded court order, or any other judicial process is graph (c)(2)(A) in selecting the restrictions under the Frank R. Lautenberg Chemical always allowable and discoverable under to include in its rule is delineated in sub- Safety for the 21st Century Act, now includ- State and Federal law, and not protected paragraph (c)(2)(B). Under this provision, ing comprehensive deadlines and throughput from disclosure.

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15. CHEMICAL IDENTITY ligations: reporting and monitoring or tion that was the basis for payment of the Section 14(b)(2) of the bill retains TSCA’s ‘‘other information obligations.’’ These may fee. The exception to this general principle is provision making clear that information include, but are not limited to, state require- for fees to defray the cost of conducting from health and safety studies is not pro- ments related to information, such as com- manufacturer requested risk evaluations, tected from disclosure. It also retains panies’ obligations to disclose use informa- which are independent of the $25 million cap TSCA’s two existing exceptions from disclo- tion, to provide warnings or to label prod- or 25% limit. These must be spent on the par- sure of information from health and safety ucts or chemicals with certain information ticular risk evaluation that was the basis for studies: for information where disclosure regarding risks and recommended actions to payment of the fee. This limitation applies would disclose either how a chemical is man- reduce exposure or environmental release. only to the fee collected for the purpose of ufactured or processed or the portion a Section 18(d)(2) of TSCA, as amended by conducting the risk evaluation and does not chemical comprises in a mixture. A clarifica- the Frank R. Lautenberg Chemical Safety prevent EPA from collecting further fees tion has been added to the provision to note for the 21st Century Act, specifies that noth- from such persons for other purposes for explicitly that the specific identity of a ing in this section shall modify the preemp- which payment of fees are authorized under chemical is among the types of information tive effect of any prior rule or order by the the section. For example, if a manufacturer- that need not be disclosed, when disclosing Administrator prior to the effective date, re- requested risk evaluation later leads to risk health and safety information, if doing so sponding to concerns that prior EPA action management action, EPA may assign further would also disclose how a chemical is made on substances such as polychlorinated fees to manufacturers and processors of that or the portion a chemical comprises in a biphenyls would be potentially immunized substance, subject to the $25,000,000 cap and mixture. This clarification does not signal from liability for injury or harm. the requirement to not exceed 25% of overall any Congressional intent to alter the mean- Section 18(e) of TSCA, as amended by the program costs for carrying out sections 4, 5, ing of the provision, only to clarify its in- Frank R. Lautenberg Chemical Safety for and 6, and to collect, process, review, provide tent. the 21st Century Act, grandfathers existing access to and protect from disclosure infor- and enacted state laws and regulatory ac- mation. 16. ‘‘REQUIREMENTS’’’ tions, and requirements imposed now or in We also note that some have raised the Subsection 5(i)(2) of TSCA, as amended by the future under the authority of state laws possibility that section 26(b)(4)(B)(i)(I), as the Frank R. Lautenberg Chemical Safety that were in effect on August 31, 2003. amended by the Frank R Lautenberg Chem- for the 21st Century Act clarifies the Con- Section 18(f) of TSCA, as amended by the ical Safety for the 21st Century Act, could be gressional intent to ensure that state re- Frank R. Lautenberg Chemical Safety for read to exclude the cost of risk evaluations, quirements, including legal causes of action the 21st Century Act, provides discretionary other than industry-requested risk evalua- arising under statutory or common law, are and mandatory waivers which exempt regu- tions, from the costs that can be covered by not preempted or limited in any way by EPA latory action by states and their political fees. This was not the intent and is not con- action or inaction on a chemical substance. subdivisions from any federal preemptive ef- sistent with the statutory language. As Subsection 6(j) of TSCA, as amended by the fect. In particular, Subsection 18(f)(2)(B) clearly indicated in section 26(b)(1), the Frank R. Lautenberg Chemical Safety for specifies that, where requested, EPA shall amended law provides that manufacturers the 21st Century Act, clarifies the Congres- grant a waiver from preemption under sub- and processors of chemicals subject to risk sional intent to ensure that state require- section (b) upon the enactment of any stat- evaluations be subject to fees, and that fees ments, including legal causes of action aris- ute, or the proposal or completion of a pre- be collected to defray the cost of admin- ing under statutory or common law, are not liminary administrative action, with the in- istering sections 4, 5, and 6, and of collecting, preempted or limited in any way by EPA ac- tent of prohibiting or otherwise restricting a processing, reviewing and providing access to tion or inaction on a chemical substance. chemical substance or mixture, provided and protecting from disclosure information. 17. STATE-FEDERAL RELATIONSHIP these actions occur during the 18-month pe- Risk evaluations are a central element of Sections 18(a)(1)(B) and 18(b)(1) of TSCA, as riod after EPA initiates the prioritization section 6. And as demonstrated by section amended by the Frank R. Lautenberg Chem- process and before EPA publishes the scope 6(b)(4)(F)(i), the intent of the bill is that the ical Safety for the 21st Century Act, refer to of the risk evaluation for the chemical sub- EPA-initiated risk evaluations be defrayed circumstances under which a state may not stance (which cannot be less than 12 months at the 25% level (subject to the $25,000,000 establish or continue to enforce a ‘‘statute, after EPA initiates the prioritization proc- cap), in contrast to the industry-initiated criminal penalty, or administrative action’’ ess). evaluations, which are funded at the 50% or on a chemical substance. Section 18(b)(2) Section 18(g) of TSCA, as amended by the 100% level. The final citation in section states that ‘‘this subsection does not restrict Frank R Lautenberg Chemical Safety for the 26(b)(4)(B)(i) should be read as section the authority of a State or political subdivi- 21st Century Act, specifies that no preemp- 6(b)(4)(C)(ii), as it is in section 6(b)(4)(F)(i), sion of a State to continue to enforce any tion of any common law or statutory causes not to section 6(b) generally. statute enacted, criminal penalty assessed, of action for civil relief or criminal conduct 19. SCIENTIFIC STANDARDS or administrative action taken’’. In an email shall occur, and that nothing in this Act The term ‘‘weight of evidence’’ refers to a transmitted by Senate Republican nego- shall be interpreted as dispositive or other- systematic review method that uses a pre-es- tiators at 11:45 AM on May 23, 2016, the Sen- wise limiting any civil action or other claim tablished protocol to comprehensively, ob- ate requested that House Legislative Counsel for relief. This section also clarifies the Con- jectively, transparently, and consistently, delete the word ‘‘assessed,’’ but this change gressional intent to ensure that state re- identify and evaluate each stream of evi- was not made in advance of the 12 PM dead- quirements, including legal causes of action dence, including strengths, limitations, and line to file the bill text with the House Rules arising under statutory or common law, are relevance of each study and to integrate evi- Committee. The Senate’s clear intent was not preempted or limited in any way by EPA dence as necessary and appropriate based not to change or in any way limit the mean- action or inaction on a chemical substance. upon strengths, limitations, and relevance. ing of the phrase ‘‘criminal penalty’’ in sec- This section further clarifies Congress’ in- This requirement is not intended to pre- tion 18(b)(2). tent that no express, implied, or actual con- vent the Agency from considering academic Section 18(d)(I) of TSCA, as amended by flict exists between any federal regulatory studies, or any other category of study. We the Frank R. Lautenberg Chemical Safety action and any state, federal, or maritime expect that when EPA makes a weight of the for the 21st Century Act, references ‘‘risk tort action, responding to the perceived con- evidence decision it will fully describe its evaluations’’’ on chemical substances that flict contemplated in Geier v. American use and methods. Honda Motor Co., 529 U.S. 861 (2000) and its may be conducted by states or political sub- 20. PARTIAL RISK EVALUATIONS progeny. divisions of states with the clear intent to Section 26(1)(4) of TSCA, as amended by describe the circumstances in which such ef- 18. FEES the Frank R. Lautenberg Chemical Safety forts would not be preempted by federal ac- Fees under section 26(b), as amended by for the 21st Century Act, states tion. The term ‘‘Risk Evaluation’’ may not the Frank R. Lautenberg Chemical Safety ‘‘(4) CHEMICAL SUBSTANCES WITH be universally utilized in every state or po- for the 21st Century Act, are authorized to be COMPLETED RISK ASSESSMENTS.—With litical subdivision of a state, but researching collected so that 25% of EPA’s overall costs respect to a chemical substance listed in the each analogous term used in each state or to carry out section 4, 5, and 6, and to col- 2014 update to the TSCA Work Plan for political subdivision of a state in order to ex- lect, process, review, provide access to and Chemical Assessments for which the Admin- plicitly list it was neither realistic nor pos- protect from disclosure information, are de- istrator has published a completed risk as- sible. The use of this term is not intended to frayed, subject to a $25,000,000 cap (that itself sessment prior to the date of enactment of be in any way limiting. can be adjusted for inflation or if it no the Frank R. Lautenberg Chemical Safety Section 18(d)(1)(A)(ii) of TSCA, as amended longer provides 25% of EPA’s costs listed for the 21st Century Act, the Administrator by the Frank R. Lautenberg Chemical Safety above). While the collection of fees is tied to may publish proposed and final rules under for the 21st Century Act, fully preserves the the submission of particular information section 6(a) that are consistent with the authority of states or political subdivisions under sections 4 and 5 or the manufacturing scope of the completed risk assessment for of states to impose ‘‘information obligation’’ or processing of a particular chemical sub- the chemical substance and consistent with requirements on manufacturers or processors stance undergoing a risk evaluation under other applicable requirements of section 6.’’ with respect to chemicals they produce or section 6, in general the use of these fees is EPA has completed risk assessments on use. The provision cites examples of such ob- not limited to defraying the cost of the ac- TCE, NMP, and MC, but has not yet proposed

VerDate Sep 11 2014 07:14 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.062 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3519 or finalized section 6(a) rules to address the Senator Jeffrey A. Merkley, cosponsor, been made, I cannot vote to undermine risks that were identified. The risk assess- Frank R. Lautenberg Chemical Safety my State’s ability to protect our con- ments for these chemicals were not con- for the 21st Century Act. stituents, and I will vote no on this ducted across all conditions of use. During Mr. MERKLEY. I yield the floor. bill. the bi-cameral negotiations, EPA expressed Mrs. GILLIBRAND. Mr. President, I Thank you. the view that, rather than reexamine and know that everyone here shares a de- perhaps broaden the scope of these assess- CONGRESSIONAL INTENT BEHIND SPECIFIC sire to fix our chemical safety law, the PROVISIONS OF THE BILL ments, it is better to proceed with proposed Toxic Substances Control Act, and I and final rules on the covered chemicals to Mr. INHOFE. Senator VITTER and I avoid any delay in the imposition of impor- appreciate the years of hard work that rise today to discuss a few provisions tant public health protections that are my colleagues, starting with the late in the bill with the desire of clarifying known to be needed. Congress shared these Senator from New Jersey, Frank Lau- what the Congressional intent was be- concerns. The language House-Senate nego- tenberg, put in to try to make this bill hind specific provisions of the legisla- tiators included above is intended to allow the best bipartisan compromise it tion. Senator VITTER, I would like to EPA to proceed with the regulation of these could be. start with a question to you on the substances if the scope of the proposed and So many parts of this bill strengthen purpose of the term ‘‘conditions of use’’ final rules is consistent with the scope of the the standards and review process for and how that term is supposed to be risk assessments conducted on these sub- chemicals, and I am pleased that we stances. applied by EPA in risk evaluations? will finally be able to effectively regu- Mr. VITTER. Thank you Senator 21. SNURS FOR ARTICLES late chemicals on a Federal level. INHOFE. There are many important pro- Section 5(a)(5) addresses the application of However, there is one part of the bill visions of this law and I think clari- significant new use rules (SNURs) to articles that still concerns me: the preemption fying what Congress intended is very or categories of articles containing sub- of State laws. important to ensure the legislative in- stances of concern. It provides that in pro- Right now, a number of States, in- mulgating such SNURs, EPA must make ‘‘an tent is understood and followed. To affirmative finding . . . . that the reasonable cluding New York, have taken the lead specifically address your first question, potential for exposure to the chemical sub- in chemical safety and have set stand- the term ‘‘conditions of use’’ is specifi- stance through the article or category of ar- ards for their own citizens that are cally defined as ‘the circumstances, as ticles subject to the rule justifies notifica- higher than the standards set by the determined by the Administrator, tion.’’ This language clarifies that potential EPA. under which a chemical substance is exposure is a relevant factor in applying These State actions have brought the intended, known, or reasonably fore- SNURs to articles. Exposure is a relevant chemical companies to the table to fi- seen to be manufactured, processed, factor in identifying other significant new nally create a strong federal system for distributed in commerce, used, or dis- uses of a chemical substance as well. It is reviewing chemicals for safety. posed of.’ The conditions of use of a not intended to require EPA to conduct an exposure assessment or provide evidence But this bill would significantly chemical substance drive the potential that exposure to the substance through the limit the rights of individual States to for exposure to a chemical. Exposure article or category of articles will in fact set their own chemical safety stand- potential, when integrated with the occur. Rather, since the goal of SNURs is to ards from this day forward. hazard potential of a chemical, deter- bring to EPA’s attention and enable it to It would prevent a State from regu- mines a chemical’s potential for risk. evaluate uses of chemicals that could lating or enforcing regulations on a So EPA’s understanding of a chemi- present unreasonable risks, a reasonable ex- chemical if the EPA is studying but cal’s conditions of use—and impor- pectation of possible exposure based on the has not yet ruled on the safety of that tantly it is the circumstances ‘the Ad- nature of the substance or the potential uses chemical. ministrator’ determines—will be crit- of the article or category of articles will be But the EPA’s review process can sufficient to ‘‘warrant notification.’’ EPA ical to EPA’s final determination of has successfully used the SNUR authority in take far longer than a State’s review whether a chemical is safe or presents the existing law to provide for scrutiny of process. an unreasonable risk that must be con- imported articles (many of which are widely As a result, if a Governor or a State trolled. Finally, to address your ques- used consumer products) that contain unsafe legislature wanted to develop their own tion of how this is supposed to be ap- chemicals that have been restricted or dis- rules to protect their citizens from a plied by EPA in risk evaluations, it is continued in the U.S. and it’s critical that particular chemical that they knew important to note that many TSCA SNURs continue to perform this important was toxic and posing an imminent chemicals have multiple uses—indus- public health function under the amended threat, their hands would be tied be- trial, commercial and consumer uses. law. cause of this law, and it would be left EPA has identified subcategories of 22. COMPLIANCE DEADLINES to the EPA to determine whether the chemical uses for regular chemical re- The amended law expands on existing sec- State’s science is valid. porting requirements, so the Agency is tion 6(d) by providing that rules under sec- Why would we take away this right well aware that some categories of uses tion 6 must include ‘‘mandatory compliance from our States? pose greater potential for exposure dates.’’ These dates can vary somewhat with The only recourse for States is a bur- than others and that the risks from the type of restriction being imposed but, in general, call for compliance deadlines that densome waiver process that does not many categories of uses are deemed ‘‘shall be as soon as practicable, but not guarantee that a State will prevail in negligible or already well controlled. later than 5 years after the promulgation of obtaining a waiver to continue to pro- The language of the compromise makes the rule.’’ While EPA could in unusual cir- tect the health of its families. That is clear that EPA has to make a deter- cumstances delay compliance for as long as not enough. mination on all conditions of use con- five years, this should be the exception and When it comes to protecting public sidered in the scope but the Agency is not the norm. To realize the risk reduction health, I firmly believe that Federal given the discretion to determine the benefits of the rule, it is expected that com- laws should set a floor, not a ceiling, conditions of use that the Agency will pliance deadlines will be as soon as prac- and States should continue to have the address in its evaluation of the priority ticable after the rule’s effective date as di- rected in new paragraph 6(d)(1). right to protect their citizens from chemical. This assures that the Agen- Senator Barbara Boxer, Ranking Mem- toxic chemicals—especially while they cy’s focus on priority chemicals is on ber, Environment and Public Works wait for the EPA to complete their own conditions of use that raise the great- Committee. lengthy studies. est potential for risk. This also assures Senator Edward J. Markey, Ranking No State should be prevented from that the Agency can effectively assess Member, Subcommittee on Superfund, acting to protect the health and safety and control priority chemicals and Waste Management and Regulatory of its people when the Federal Govern- meet the new law’s strict deadlines. Oversight, Environment and Public ment fails to act. Without this discretion to focus chem- Works Committee, and cosponsor, No State should be prevented from ical risk assessments on certain condi- Frank R. Lautenberg Chemical Safety for the 21st Century Act. banning a dangerous chemical, simply tions of use, the Agency’s job would be Senator Tom Udall, lead Democratic au- because the EPA is taking time to re- more difficult. thor and sponsor, Frank R. Lautenberg view the substance. Mr. INHOFE. Thank you, Senator Chemical Safety for the 21st Century So despite all the hard work of my VITTER. That response raised an inter- Act. colleagues and the progress that has esting follow up question I would like

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.062 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3520 CONGRESSIONAL RECORD — SENATE June 7, 2016 to ask. If EPA’s final Section 6(a) risk needed, and why an order is preferred an unreasonable risk are not delayed in management rule includes a restriction to a rule. getting to market. or prohibition on some of the condi- Section 4 of the compromise also re- Importantly, EPA would not stop re- tions of use identified in EPA’s scope of quires EPA to use ‘tiered’ screening viewing new chemical notices while it the risk evaluation, but not all of and testing processes. This means EPA develops any policies, procedures and them, is it final agency action as to must require less expensive, less com- guidance needed to implement these those other conditions of use? plex screening tests to determine new provisions in Section 5. The com- Mr. VITTER. That is a very impor- whether higher level testing is re- promise is very clear: EPA should not tant question and the clear intent of quired. This is an efficient approach to stop or slow its review of new chemi- Congress is the answer is yes. This is testing chemicals that is based on EPA cals while it develops any needed new because, to be legally sufficient accord- experience in other testing programs policies procedures or guidance for Sec- ing to EPA’s own technical assistance, Tiered testing will also help assure tion 5. Also by amending Section 5 to EPA’s Section 6(a) rule must ensure that EPA is meeting the objective to require EPA make an affirmative find- that the chemical substance or mixture minimize animal testing that is set out ing before manufacturing or processing no longer presents an unreasonable in the compromise. of a substance may commence, Con- risk. A Section 6(i) order, determining Finally, section 4 prohibits the cre- gress did not intend to trigger the re- that a chemical substance does not ation of a ‘minimum information re- quirements of any other environmental present an unreasonable risk under quirement’ for the prioritization of laws. This again maintains the consist- conditions of use, is similarly final chemicals. That is a very important ency with how EPA currently admin- Agency action applicable to all those provision that should be applied to any isters the new chemicals program conditions of use that were identified and all testing by the Agency regard- under existing law. in the scope of EPA’s risk evaluation less of which authority it uses. Senator INHOFE, this leads me to an- on the chemical substance. To be clear, Senator VITTER, in addition to new testing authorities the bill also makes other question on a provision that is every condition of use identified by the rather technical and has been mis- Administrator in the scope of the risk changes to TSCA in the new chemicals program under section 5 which has understood by many and that is no- evaluation must, and will be either menclature. After the TSCA Inventory found to present or not present an un- been largely viewed as one of the major strengths of existing law. It has been was established in 1979, questions arose reasonable risk. about the appropriate chemical ‘no- Mr. INHOFE, this brings me to a ques- credited with spurring innovation in menclature’ to be used to list these tion on the testing EPA has the au- chemistry used for new products and chemical substances. EPA addressed thority require manufacturers to con- technologies throughout the value many of these questions in a series of duct under this compromise. One of the chain. The industry we’re regulating in guidance documents. The compromise major flaws in TSCA is the so-called TSCA is highly innovative: 17 percent includes a provision on nomenclature. ‘catch 22’ under which EPA cannot re- of all US patents are chemistry or What is this provision intended to do? quire testing of chemicals without first chemistry related. Clearly Congress making a finding that the chemical has an interest in preserving the eco- Mr. INHOFE. Thank you, Senator may present an unreasonable risk. In nomic engine that is the business of VITTER. These provision are very im- TSCA’s history, EPA has been able to U.S. chemistry, while ensuring that portant to many major domestic pro- make that finding only for about 200 EPA appropriately reviews new chem- ducers including manufacturers of chemicals. Does the compromise rem- ical substances and significant new products like glass, steel, cement, edy that provision of TSCA? uses. How does the compromise balance along with domestic energy producers Mr. INHOFE. It is clear that the these interests? across the country. The chemical no- compromise directs EPA to systemati- Mr. VITTER. Protecting innovation menclature provision in section 8 of cally evaluate more chemicals than and not materially altering the new the compromise addresses several ever before. To help the Agency meet chemicals process was a critical part of issues critical to the efficient func- that objective, the compromise does the final compromise. Every effort was tioning of the new chemical regulatory two things. First, EPA can issue a test made to ensure EPA has the right tools framework. rule or order if it finds that a chemical to review new chemical substances but For the purposes of the TSCA Inven- substance may present an unreasonable the amendments to this section were tory, a single, defined molecule is sim- risk to human health or the environ- intended to conform closely with ple to name. For example, ethanol is a ment. In this case, an EPA order would EPA’s current practice and maintain Class 1 chemical on the TSCA Inven- be a final agency action subject to ju- the Agency’s timely reviews that allow tory. Its identity does not depend on dicial review. EPA would be well-ad- substances to market within the statu- how it is made. Since one ethanol is vised to consider the practice of issuing tory deadlines. First, the compromise chemically the same as another eth- a ‘statement of need’ similar to that retains the 90-day review period for anol, a new producer of ethanol can use required under section 4(a)(3) when EPA to make a risk-based decision on the existing ethanol chemical listed on using this authority. a new chemical, without consideration the TSCA Inventory. For other sub- The section also provides EPA discre- of costs or other non-risk factors. Sec- stances known as Class 2 chemicals, tionary authority to require testing— ond, when EPA does not have the infor- nomenclature is more complex. For by rule, order or consent agreement— mation sufficient for the evaluation of those substances, the name of the sub- when EPA determines that new infor- a new chemical, or when EPA deter- stance typically includes either—or mation is necessary to review a pre- mines that a new chemical may both—The source material and the manufacture notice under section 5, to present an unreasonable risk, the com- process used to make it. The com- conduct a risk evaluation under sec- promise requires EPA regulate the new promise requires EPA to maintain the tion 6, or to implement rules or orders chemical to the extent necessary to Class 2 nomenclature system, as well under those sections. The compromise protect against unreasonable risk. as certain nomenclature conventions in also recognizes that EPA may need Once sufficient information is avail- widespread use since the early days of new information to prioritize a chem- able, of course, EPA must make a deci- TSCA. ical substance for review, to assess cer- sion. These requirements largely re- The compromise also directs EPA to tain exports, and at the request of an- flect EPA’s practice today, under continue to recognize the individual other federal agency. To use this dis- which EPA can allow the new chemical members of categories of chemical sub- cretionary order authority, EPA must on the market but with limits. Finally, stances as being on the TSCA inven- issue a ‘statement of need’ that ex- if EPA determines that a new chemical tory. The individual members of these plains the need for new testing/expo- is not likely to present an unreason- categories are defined in inventory de- sure information. It must describe how able risk, EPA must make a statement scriptions developed by EPA. In addi- available information has informed the to that effect before the end of the 90 tion, the compromise permits manufac- decision to require new information, day period. This provision ensures that turers or processors to request that whether vertebrate animal testing is chemicals considered not likely to pose EPA recognize a chemical substance

VerDate Sep 11 2014 07:14 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.063 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3521 currently identified on the TSCA In- cally important provision in the deal emption where State actions are ade- ventory under multiple nomenclatures was preemption. Senator Inhofe could quately justified. It should be noted as ‘equivalents.’ you describe how the compromise ad- that nothing precludes State action on Importantly, the equivalency provi- dress the relationship between State chemical substances that are not the sion relates only to chemical sub- governments and the Federal govern- subject of an EPA risk evaluation or stances that are already on the TSCA ment? decision. There is also nothing in the Inventory. Although the equivalency Mr. INHOFE. As we all recognize, the compromise that precludes states from provision specifically references sub- preemption section of this bill was the offering opinions, advice, or comment stances that have Chemical Abstract most contentious issue of the negotia- during the risk evaluation process. The Service (CAS) numbers, EPA could use- tions as well as the most important risk evaluation process anticipates nu- fully apply an equivalency approach to linchpin in the final deal. The com- merous opportunities for public com- substances on the Inventory that do promise includes several notable provi- ment. It is our hope that States with not have CAS numbers as well, such as sions. First, it is clear that when a an interest in a particular chemical for naturally-occurring substances. chemical has undergone a risk evalua- substance will in fact bring forward Now, Senator VITTER, once a chem- tion and determined to pose no unrea- relevant scientific information on ical is on the inventory, information sonable risk, any state chemical man- chemical hazards, uses and exposures about the substance that is provided to agement action to restrict or regulate to inform an effective federal decision. EPA often contains sensitive propri- the substance is preempted. This out- This will ensure that EPA is making etary elements that need protecting. come furthers Congress’s legislative the most informed decisions for the There has been a significant debate in objective of achieving uniform, risk- citizens of the United States as a recent years regarding the protection based chemical management nation- whole, rather than one State affording from public disclosure of a confidential ally in a manner that supports robust protection to only a fraction of the chemical identity provided in a health national commerce. Federal deter- country. and safety study under TSCA section minations reached after the risk eval- Senator VITTER, before we conclude 14(b). Although new section 14(b) is uation process that a chemical pre- our discussion on preemption, I would substantially similar to the existing sents no significant risk in a particular to ask you to help clarify the intent of statute, what is the intent behind the use should be viewed as determinative the preemption provision as it relates additional language related to for- and not subject to different interpreta- to actions taken prior to enactment of mulas? tions on a state-by-state or locality-by- the Frank Lautenberg bill. Mr. VITTER. It was the Congres- locality basis. Further, under the new Mr. VITTER. Thank you, Senator sional intent of the legation to balance legislation, EPA will make decisions INHOFE, for those important clarifica- the need to ensure public access to based on conditions of use, and must tions to preemption and for another health and safety studies with the need consider various conditions of use, so question that is very important to to protect from public disclosure valu- there could be circumstances where clarify in order to capture the full able confidential business information EPA determines that a chemical does conngressional intent of the bills pre- (CBI) and trade secrets that are al- not present an unreasonable risk in emption section. This Act is intended ready exempt from mandatory disclo- certain uses, but does in others. Pre- to change the preemption provisions of sure under the Freedom of Information emption for no significant risk deter- TSCA only with respect to regulations Act. Striking the appropriate balance minations would apply as these deter- promulgated and actions taken under between public disclosure on the one minations are made on a use-by-use this Act after its effective date. This hand, and the protection of a com- basis. Act is not intended to alter any pre- pany’s valuable intellectual property Second, to promote the engagement emptive effect on common law or state rights embodied in CBI and trade se- of all stakeholders in the risk evalua- positive law of regulations promul- crets on the other hand, is essential to tion process—including State govern- gated or administrative actions taken better informing the public regarding ments—thee compromise creates a under preexisting authorities, and is decisions by regulatory authorities temporary preemption period for iden- not intended to make any statement with respect to chemical, while encour- tified high priority chemicals moving regarding legal rights under pre- aging innovation and economic com- through EPA’s risk evaluation process. existing authorities, including TSCA petitiveness. The period only runs from the time sections 6 and 17 in effect prior to the The compromise retains the language EPA defines the scope of the evalua- effective date of this Act. of existing section 14(b) to make clear tion to the time that EPA finishes the Mr. INHOFE. I appreciate your clari- that the Administrator is not prohib- evaluation, or the agency deadline runs fication on the intent of an important ited from disclosing health and safety out. It does not apply to the first 10 aspect of preemption under this act studies, but that certain types of CBI TSCA Work Plan chemicals the EPA and also wanted to follow up with a and trade secrets disclosed within reviews, and it does not apply to manu- question on judicial review. Specifi- health and safety studies must always facturer-requested risk evaluations. It cally, what changes to TSCA’s judicial be protected from disclosure. The new, does apply to any and all other chem- review provisions have been made in additional language in this section is ical substances EPA choses to review the compromise? intended to clarify that confidential through a risk evaluation. States with Mr. VITTER. When TSCA was first chemical identities—which includes compelling circumstances can request enacted in 1976, the Act created a high- chemical names, formulas and struc- and be granted a vysaiver by EPA. er level of judicial review for certain tures—may themselves reveal CBI or These waiver and scope limitations en- rulemakings that would restrict chemi- trade secret process information. In sure that the piause has its intended cals in commerce. Congress took this such cases, the confidential chemical effect—to ensure that there is one, approach because it wanted to ensure identity must always be protected from comprehensive, nationally-led risk that rulemakings that would directly disclosure. The new language is not evaluation occurring at a time, allow- affect commerce by imposing restric- limiting; it makes clear that any other ing EPA and affected manufacturers to tions on chemicals would be well sup- information that would reveal propri- focus on and complete the work on a ported with substantial evidence. The etary or trade secret processes is simi- timely basis, and to ensure a uniform substantial evidence standard requires larly protected. In other cases involv- and consistent federal approach to risk an agency rule to be supported by sub- ing confidential chemical identities, evaluation and risk management. stantial evidence in the rulemaking EPA should continue to strike an ap- Senator VITTER, despite the fact that record taken as a whole. The com- propriate balance between protection this law regulates products in com- promise legislation makes no changes of proprietary CBI or trade secrets, and merce and Congress has the authority to the process for judicial review of ensuring public access to health and and Constitutional duty to protect rulemakings or the standard of review. safety information. interstate commerce, efforts were The compromise now provides EPA In addition to the protection of con- made to give States a role in this proc- with expanded authority to pursue cer- fidential information, another criti- ess, and even to get waivers from pre- tain administrative actions by order in

VerDate Sep 11 2014 07:14 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.064 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3522 CONGRESSIONAL RECORD — SENATE June 7, 2016 addition to by rule. This new order au- Mr. VITTER. Thank you Senator establishes that ‘unreasonable risk thority is intended to allow EPA great- INHOFE, the sound science provisions under the conditions of use’ as the safe- er flexibility to move quickly to col- were a critical part of TSCA reform in ty standard to be applied by EPA. ‘‘Un- lect certain information and take cer- my opinion and I hope this bill serves reasonable risk’’ does not mean no tain actions. It is intended that an as a model for how to responsibly re- risk; it means that EPA must deter- agency order constitute final agency form other laws administered by EPA mine, on a case-by-case basis, whether action on issuance and be subject to ju- and other Federal Agencies that are the risks posed by a specific high pri- dicial review. Orders under Sections 4, tasked to make decisions based on ority substance are reasonable in the 5, and 6 of TSCA constitute final agen- science. For far too long Federal agen- circumstances of exposure and use. cy action on issuance, and continue to cies have manipulated science to fit Second, the bill requires EPA to spe- be reviewed under the standards estab- predetermined political outcomes, hid- cifically identify the sensitive sub- lished by the Administrative Proce- ing information and underlying data, populations that are relevant to and dures Act. The intention is that regu- rather than using open and transparent within the scope of the safety assess- latory actions that result in total or science to justify fair and objective de- ment and determination on the sub- partial bans of chemicals, regardless of cision making. This Act seeks to stance in question. At the same time, whether such action is by rule or order change all of that and ensure that EPA EPA should identify the scientific basis authority, be supported by substantial uses the best available science, bases for the susceptibility, to ensure trans- evidence in the rulemaking record scientific decisions on the weight of parency for all stakeholders. In this taken as a whole. the scientific evidence rather than one way, the legislation affords EPA the Senator INHOFE, before we are done I or two individual cherry-picked stud- discretion to identify relevant sub- think there are a few other sections of ies, and forces a much greater level of populations but does not require—or the bill that have been less discussed transparency that forces EPA to show expect—that all hypothetical sub- that it would be important to touch on. their work to Congress and the Amer- populations be addressed. The first is Section 9 of TSCA which ican public. While a principle element of this discusses the relationship between this Congress recognized the need to use compromise is including protections and other laws. Could you please speak available studies, reports and rec- for potentially susceptible subpopula- to what the intent of this bill with re- ommendations for purposes of chemical tions to better protect pregnant women gards to Section 9 is? assessments rather than creating them and children, a core of the bill since it Mr. INHOFE. The Senate Report lan- from whole cloth. We do believe, how- was first introduced by Senator Lau- guage states that section 9 of TSCA ever, that the recommendations in re- tenberg and I was never to require the provides EPA with discretionary au- ports of the National Academy of national standard to be protective of thority to address unreasonable risks Sciences should not be the sole basis of every identified subpopulation in every of chemical substances and mixtures the chemical assessments completed by instance. If a chemical substance is under other environmental laws. ‘‘For EPA. Rather, the EPA must conduct being regulated in a condition of use example, if the Administrator finds chemical assessments consistent with that we know has no exposure to a sub- that disposal of a chemical substance all applicable statutory provisions and population, EPA should apply the ‘‘un- may pose risks that could be prevented agency guidelines, policies and proce- reasonable risk’’ standard appro- or reduced under the Solid Waste Dis- dures. Further, in instances where priately. In addition, it is clear that posal Act, the Administrator should there were other studies and reports the concept of low dose linearity is not ensure that the relevant office of the unavailable at the time of the NAS rec- firmly established by the science, and EPA receives that information.’’ ommendations, EPA should take ad- the concept is not appropriate to apply Likewise, the House Report on sec- vantage of those studies and reports in as a default in risk evaluations. tion 9 of TSCA states: ‘‘For example, if order to ensure that the science used the Administrator determines that a for chemical assessments is the best Mr. INHOFE. Thank you very much risk to health or the environment asso- available and most current science. for that explanation, Senator VITTER. ciated with disposal of a chemical sub- Mr. INHOFE. Thank you for clari- MERCURY-SPECIFIC PROVISIONS IN THE BILL stance could be eliminated or reduced fying the Congressional intent of the Mr. WHITEHOUSE. Mr. President, we to a sufficient extent under the Solid important science provisions in this rise to highlight two mercury-specific Waste Disposal Act, the Administrator bill. I wanted to ask you one final ques- provisions—the creation of a mercury should use those authorities to protect tion that is another key element to re- inventory and expansion of the export against the risk.’’ forming this outdated law. It should be ban to certain mercury compounds—in This act states in new section 9(a)(5) clear to all that H.R. 2576 attempts to the Frank R. Lautenberg Chemical of TSCA that the Administrator shall ensure that the Environmental Protec- Safety for the 21st Century Act that not be relieved of any obligation to tion Agency takes the possible expo- the Senate will approve tonight. These take appropriate action to address sures to sensitive subpopulations into provisions are sections of the Mercury risks from a chemical substance under account when prioritizing, assessing Use Reduction Act that we introduced sections 6(a) and 7, including risks and regulating high priority chemical in the 112th Congress with the late posed by disposal of the chemical sub- substances. The goal, of course, is to Senator Frank Lautenberg, after whom stance or mixture. Consistent with the ensure that factors that may influence this legislation is named, and with Senate and House reports, this provi- exposures or risk are considered as the then-Senator John Kerry. Senator sion means that the Administrator Agency assesses and determines the LEAHY and Senator MERKLEY have been should use authorities under the other safety of chemical substances. longtime partners in these efforts. Sen- laws such as the Solid Waste Disposal A concern, however, could be that ator LEAHY was a leader in the Sen- Act to prevent or reduce the risks asso- the language regarding sensitive sub- ate’s consideration of a resolution of ciated with disposal of a chemical sub- populations may be read by some to disapproval concerning the Bush ad- stance or mixture. promote the concept of ‘‘low dose lin- ministration’s mercury rule. I yield to Senator VITTER, I know another sec- earity’’ or ‘‘no threshold’’ for many Senator LEAHY. tion that is very important to you is chemicals, including substances that the language around sound science and are not carcinogens. This concept has Mr. LEAHY. Mr. President, I thank we all know you have worked to ensure not been firmly established in the sci- Senator WHITEHOUSE. His leadership in that this bill fixes the scientific con- entific community. Does H.R. 2576 ad- this area has been paramount. cerns of the National Academy of dress this concern? Under the mercury inventory provi- Science and other scientific bodies who Mr. VITTER. That is an important sion, the EPA will be required to pre- have raised concerns with the way EPA question Senator INHOFE and I appre- pare an inventory of mercury supply, has reviewed chemicals in the past. ciate the opportunity to clarify. The use, and trade in the United States Could you please discuss the Congres- Lautenberg bill tries to address the every 3 years. Despite an EPA commit- sional intent of the bills science provi- concern about forcing paralysis by ment in 2006 to collect this data, there sions? analysis in several ways. First, the bill is not yet any good data on mercury

VerDate Sep 11 2014 07:14 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.065 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3523 supply and uses in the United States. Mr. WHITEHOUSE. Mr. President, I The PRESIDING OFFICER. The This lack of data has impacted our thank Senator MERKLEY. We are question is on agreeing to the motion ability to reduce health risks from pleased these provisions were included to concur. mercury exposure and would com- in a bill and believe it is fitting they The motion was agreed to. promise our ability to comply with the are included in a package designed to The PRESIDING OFFICER. The Sen- Minamata Convention of Mercury, protect the public from toxic chemi- ator from Oklahoma. which will come into force next year cals, like mercury, and named after the Mr. INHOFE. Mr. President, let me and to which the U.S. Government has late Frank Lautenberg, one of the go through the list. As I made the agreed to become a party. When pre- original cosponsors of the Mercury Use statement, it is important that people paring the inventory, EPA shall iden- Reduction Act. recognize how long staff works around tify the remaining manufacturing and The PRESIDING OFFICER (Mr. here. Quite frankly, I have often said, product uses in the United States and DAINES). The Senator from Oklahoma. when they come around for a report recommend revisions to federal laws or Mr. INHOFE. Mr. President, may I from our committee—the Environment regulations for addressing the remain- inquire as to how much time is remain- and Public Works Committee, the com- ing uses. The term ‘‘revisions’’ in this ing? mittee that has the largest jurisdiction provision includes both new laws or The PRESIDING OFFICER. There is in the entire U.S. Senate—we are the regulations or modifications to exist- 71⁄2 minutes remaining. committee that gets things done. ing law. Mr. WHITEHOUSE. I will yield the If we look at the variety of philoso- To provide the data needed to com- time. phies that are present praising this pile the inventory, companies pro- The PRESIDING OFFICER. That is work that is being done, we had the ducing or importing mercury or mer- all the time remaining. very most conservative to the very cury compounds or using mercury or Mr. INHOFE. That is all the time re- most progressive of Members, and it is mercury compounds will be required to maining; is that correct? not just this bill. We did the highway report on this activity under a rule to The PRESIDING OFFICER. That is reauthorization bill, something that be issued by the Administrator. To correct. had to wait for about 8 years to get minimize any reporting burden, EPA Mr. INHOFE. I will not use 71⁄2 min- done, the largest one since 1998. We had must coordinate its reporting with utes, but I will be using that after the the WRDA bill, which we anticipate is State mercury product reporting re- vote. I do want to include one more going to be a reality. It has come out quirements through the Interstate person who has not been thanked, and Mercury Education and Reduction of our committee. This committee also that is Senator MCCAIN. Clearinghouse, IMERC. In addition, the has jurisdiction over the Nuclear Regu- Right now we are in the middle of the provision excludes waste management latory Commission and then all of the must-pass bill every year, the Defense activities already reported under the public works. As my ranking member, authorization bill. He was kind enough Resource Conservation and Recovery Senator BOXER, has said several times to allow us to work this in during his Act, RCRA, from this reporting, unless during this process, we get things done. the waste management activity pro- very busy schedule on this bill, which Now, we do disagree on a lot of the duces mercury via retorts or other we are trying to get through this week. issues on the environment. As I say to treatment operations. A company en- So I do thank him very much. my good friends on the other side of gaged in both waste generation or man- It is important, even though we the aisle, you have every right to be agement and mercury manufacture or thank the same people over and over wrong, but we get things done, and I use must report on the mercury manu- again. When it gets to Dimitri, I am appreciate that very much. facture and use activity, since that going to pronounce his name right, and Senator MCCAIN, I already thanked data would not be provided under the I will be thanking him and several oth- you for yielding to us to allow us to RCRA reporting. I yield to Senator ers. With that, I yield our time back. pass one of the most significant bills I see the Senator from Massachu- MERKLEY. which we just passed by voice vote. Mr. MERKLEY. Mr. President, I setts. Mr. MCCAIN. I would be glad to be thank Senator LEAHY. Mr. MARKEY. Will the Senator thanked again. The second mercury provision builds yield? Mr. UDALL. I am ready to do that upon the Mercury Export Ban Act of Mr. INHOFE. Of course. also, if the Senator will yield. 2008, expanding the export ban cur- Mr. MARKEY. I just want to once Mr. INHOFE. I yield the floor. rently in effect for elemental mercury again compliment Senator INHOFE and Mr. UDALL. Mr. President, I will to certain mercury compounds pre- Senator VITTER. It didn’t have to wind just also—has the Senator finished? viously identified by EPA or other reg- up this way. It wound up this way be- I just wanted to say a few closing ulatory bodies as capable of being trad- cause you reached across the aisle, be- words and thank a few more people ed to produce elemental mercury in cause you ensured that all sides were staying to the end, but of course the commercial quantities and thereby un- given a fair hearing, and that at the chairman needs to finish his remarks. dermine the existing export ban. The end of the day there would be this re- Mr. INHOFE. Let me just quickly mercury compound export ban would sult. say—because I do want to make sure go into effect in 2020, providing EPA I have been doing this for 40 years. I we get on the record on this, Senators and companies ample preparation time. have been on the Environment Com- Vitter and Udall, certainly the Senator An exemption is provided to allow the mittee for 40 years. This is not easy. from New Mexico. The way we have landfilling of these compounds in Can- From my perspective, it is historic and worked together is remarkable. The ada, a member country to the Organi- it is unprecedented in terms of ulti- Senator has brought in Bonnie to do zation for Economic Co-operation and mately how easy the Senator made this the work she has done. I know she Development, OECD, with which we process. I was there at the table of wanted to be here as we are voting on have a bilateral arrangement to allow Superfund, Clean Air Act, all the way this bill, but it got down to do we want these cross-border transfers. The ex- down the line. You—you, my friend, to get it done tonight or do we want to port is only authorized for landfilling; have distinguished yourself, and along take a chance for later. no form of mercury or mercury com- with Senator VITTER you have made it Dimitri Karakitsos, all these were pound recovery, reuse, or direct use is possible for all of us to hold hands here working. Jonathan Black with Senator permitted. EPA must evaluate whether as this historic bill tonight will pass on UDALL’s office has been great, and An- such exports should continue within 5 the Senate floor. drew Wallace so ably represented Sen- years, in part based upon available do- I just wanted to compliment the Sen- ator UDALL in those negotiations. I mestic disposal options, and report to ator. thank Michal Freedhoff in Senator Congress on this evaluation so we may Mr. INHOFE. I appreciate the re- MARKEY’s office for the hours of work revise the law as needed. I have been marks of the Senator from Massachu- he poured into this bill. I also thank happy to partner with Senator WHITE- setts very much. Adrian Deveny with Senator MERKLEY HOUSE and Senator LEAHY on these Mr. President, I yield back our time for his work in these negotiations and issues. and ask for the vote. Adam Zipkin representing Senator

VerDate Sep 11 2014 07:31 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.062 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3524 CONGRESSIONAL RECORD — SENATE June 7, 2016 BOOKER. A special thanks goes to Bill pulling this together. Again, Chairman spent many evenings and weekends Ghent and Emily Spain with Senator INHOFE was a driving force, and Sen- with EPA experts on calls to make sure CARPER. Senator CARPER has not been ators VITTER, CRAPO, CAPITO, and Sen- we were getting the text right. Here mentioned much tonight, but he has ators MERKLEY, MARKEY, and BOXER. are just a few: Wendy Cleland-Hamnet, been very active in getting this done. Throughout this entire process, Rank- Ryan Wallace, Priscilla Flattery, Emily Enderle with Senator WHITE- ing Member BOXER and I didn’t always Kevin McLean, Brian Grant, David HOUSE. Senators Carper, Whitehouse, agree. We are of the same party, but we Berol, Laura Vaught, Nichole Merkley, and Booker have been part- also have different opinions about the Distefano, Sven-Erik Kaiser, Tristan ners in getting this completed. Finally, most important aspects of this legisla- Brown, Ryan Schmit, Don Sadowsky, I appreciate, as I have said many times tion. I want to say I sincerely appre- and Scott Sherlock. I thank them all before, Senator BOXER and her team, ciate her work and advocacy, espe- and put them on alert: The real job for Bettina Poirier and Jason Albritton, cially on State preemption. She is a the EPA is only beginning. for working with us in support of this force. All of my colleagues know that. I am about finished, Senator MAR- bill. We have done not just this bill but She worked hard to improve this bill. KEY. a lot of bills in the committee, and The legislative process is an important Mr. MARKEY. One second. I just these same characters keep coming up. one, and I believe it played out to a wanted to reinforce what the Senator So it is the staff who has driven this good resolution. just said. On the House side, FRED thing. I have to say, my chief of staff, I also thank her and her staff, UPTON, FRANK PALLONE, NANCY PELOSI, the one most prominent on the com- Bettina Poirier and Jason Albritton, and STENY HOYER, that incredible staff, mittee, obviously did so much of the for their dedication and work. Then, Mary Frances Repko, over there, just work on this. So, Ryan Jackson, you my staff members who have been men- indispensable. That is why it happened. did a great job. tioned here several times were crucial: It is bipartisan, bicameral. With that, I yield the floor. Jonathan Black, Andrew Wallace, Mike I thank the Senator for yielding. Mr. UDALL. I thank the chairman. I Collins, Bianca Ortiz Wertheim, and all Mr. UDALL. I thank the Senator. He just want to say to Chairman INHOFE, my staff who over these 3 years kicked knows, because he has served so many the bipartisanship he showed is incred- in and helped out when the heavy bur- years, how important it is to have good ible, and it showed what a significant den was on the folks I have mentioned. staff. I want to make sure we get them accomplishment we could have. On the House side, I thank Chairman thanked here. I appreciate that. I also want to thank so much Senator FRED UPTON, Subcommittee Chairman Implementation of this law is going MCCAIN for allowing us to fit a little JOHN SHIMKUS, of course Leader to be extremely important. As the slice here in the middle of this very im- PELOSI, Democrat Whip HOYER, Rank- ranking member on the Appropriations portant bill, the NDAA, which I know ing Member PALLONE, and Representa- Committee with jurisdiction over EPA, he works on all year long. He does a tives DEGETTE and GREEN. They all I will remain very involved in ensuring terrific job. He allowed us to come in. worked tirelessly to advocate for re- that this law gets implemented well. He knew my uncle, Mo Udall. They form. Finally, I also recognize all the great served together in the House. I said: I I would like to mention their staff advocates for reform who pushed Con- hope you will do this for Mo. He just members as well: Republican staff, gress to act and kept pushing until we got a very big smile on his face because Dave McCarthy, Jerry Couri, Tina did act. Of course, I need to start by he spent so much time with him. Richardson, Chris Sarley, and the thanking the Environmental Defense Mr. INHOFE. Will the Senator yield? Democratic staff, Rick Kessler, Jackie Fund. In particular, Fred Krupp and Mr. UDALL. I will yield. Mr. INHOFE. I save one of the best Cohen, Tuley Wright, Jean Frucci, and his staff, Richard Denison, Joanna for last, and that is Alex Herrgott. I ne- especially Mary Frances Repko with Slaney, and Jack Pratt. Let me also glected to mention him. Representative HOYER’s office, and El- thank Dr. Lynn Goldman, the dean of Mr. UDALL. Of course, Alex, thank eanor Bastion and Sergio Espinosa Public Health at George Washington you. with Representatives DEGETTE’s and University, and the good advocates at Mr. President, I ask unanimous con- GREEN’s offices. All these staff and so Moms Clean Air Force, the Humane So- sent to use enough time here to just many more worked tirelessly to advo- ciety, the National Wildlife Federa- get through my thank-yous. cate for their members and shape and tion, the March of Dimes, the Physi- The PRESIDING OFFICER. Without move this complex and important leg- cians Committee for Responsible Medi- objection, it so ordered. islation, and of course my own staff cine, the Building Trades, the Amer- Mr. UDALL. The House and the Sen- and many more whom I did not men- ican Association of Justice, and so ate passed bills. We didn’t actually go tion, many Senate and House staff who many others. They reminded us that through conference committee, but we have come and gone over the long proc- we are working for reform that would worked hard on those differences from ess but played very important roles. improve the lives of countless mothers, late December through just a few There are too many to try and list, but fathers, and children. From New Mex- weeks ago. We faced challenges work- let me say thanks to the good folks at ico to Michigan, from California to ing out a final agreement with the the House and Senate legislative coun- Maine, they reminded us that the House. We had two very different bills. sel offices. Throughout this process, we American people need a working chem- Both had broad bipartisan support, but used both offices a tremendous amount ical safety program. they took very different paths to fix and appreciated their patience and I know there are many other groups our broken chemical safety program, good work, especially Michelle John- in the environmental and public health but we worked through those issues son-Weider, Maureen Contreni, and community that took a different ap- too. Although this was not a formal Deanna Edwards at the Senate legisla- proach to our bill. I understand and ap- conference, it was a true bicameral tive counsel. preciate where they were coming process with a lot of give-and-take. To A law like this takes so much work from—groups like Safer Chemicals, that end, I want to ensure the record from all these offices and staff. I know Healthy Families, and the Natural Re- reflects a number of views that I and my own staff could not have possibly sources Defense Council. They brought some of my colleagues have about the done it without the expertise and ad- passion and conviction to the debate final product. vice of the experts at the Environ- and stood firm on principles. They We are not filing a traditional con- mental Protection Agency. Of course, played a great and important role, and ference report, but Senators BOXER, Administrator Gina McCarthy and her I want to thank them for that. MARKEY, MERKLEY, and I have prepared top assistant, Administrator Jim Good legislation takes work. It takes a document to enshrine the views we Jones, deserve a great deal of gratitude give-and-take from everyone, including have on the compromised language. for all they did to help support our ef- industry groups, the American Chem- That will be added to the RECORD for forts and ensure we got it right, and istry Council, the American Cleaning posterity on our final product. many congressional liaisons, program Institute, and over 100 other members I thank all of our Senate and House officers, and lawyers from the general of the American Alliance for Innova- colleagues who were instrumental in counsel’s office. My staff and others tion. Thank you for engaging in the

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.091 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3525 process to get this done. Many thou- priated or made available under an appro- partment of Defense and related func- sands of Americans have worked for priation Act making appropriations for fis- tions. In this amendment, we are pro- chemical safety reform over the last cal year 2017, there are authorized to be ap- posing an additional increase in non- propriated for fiscal year 2017— four decades. I am thanking you for (1) $2,000,000,000 to address cybersecurity defense programs. I look forward to to- not giving up. vulnerabilities, which shall be allocated by morrow. My dad always said—and Senator the Director of the Office of Management I thank the chairman for his consid- MCCAIN knew my father Stewart and Budget among nondefense agencies; eration through the process of this Udall—‘‘Get it done, but get it done (2) $1,100,000,000 to address the heroin and floor debate. right.’’ And today I can say that not opioid crisis, including funding for law en- The PRESIDING OFFICER. The Sen- only did we get it done, but we got it forcement, treatment, and prevention; ator from Arizona. (3) $1,900,000,000 for budget function 150 to done right. Let’s not forget, this is just Mr. MCCAIN. Mr. President, I thank implement the integrated campaign plan to my friend from Rhode Island and look one step in the process. We must find a counter the Islamic State of Iraq and the Le- way to work collaboratively as we turn vant, for assistance under the Food for Peace forward to vigorous debate on both the to the next step—implementation. Im- Act (7 U.S.C. 1721 et seq.), for assistance for initial amendment and the second-de- plementation needs to be done and Israel, Jordan, and Lebanon, and for embassy gree amendment proposed by my friend needs to be done right. security; from Rhode Island. I would like to en- I look forward to working with all of (4) $1,400,000,000 for security and law en- gage in very vigorous debate on both, these members and groups to ensure we forcement needs, including funding for— and hopefully, for the benefit of my (A) the Department of Homeland Secu- colleagues, cloture on both will be filed have a strong, workable chemical safe- rity— ty program. (i) for the Transportation Security Admin- by the majority leader and hopefully Thank you, Senator MCCAIN. I am istration to reduce wait times and improve we can finish debate on it either late sorry if this went longer than you ex- security; morning tomorrow or early afternoon, pected. I know my Uncle Mo is looking (ii) to hire 2,000 new Customs and Border if necessary, so we can move on to down and saying thank you to you and Protection Officers; and other amendments. my father Stewart and the long rela- (iii) for the Coast Guard; Let’s have no doubt about how im- (B) law enforcement at the Department of tionship you have had with the Udall portant this debate and discussion on Justice, such as the Federal Bureau of Inves- this amendment will be tomorrow. We family and the chapters in your books tigation and hiring under the Community about Mo Udall and that relationship. Oriented Policing Services program; and are talking about $18 billion. In the So thank you so much, and I thank (C) the Federal Emergency Management case of the Senator from Rhode Island, also Ranking Member JACK REED for Agency for grants to State and local first re- I am sure there are numerous billions his patience. I know the hour is getting sponders; more as well. I think it deserves every late. Thank you so much. (5) $3,200,000,000 to meet the infrastructure Members’ attention and debate. needs of the United States, including— I say to my friend from Rhode Island, I yield the floor. (A) funding for the transportation invest- Mr. MCCAIN. Will the Senator yield? I certainly understand the point of ment generating economic recovery grant view and the position they have taken, I just wonder if there is anyone left program carried out by the Secretary of in America whom he has not thanked. Transportation (commonly known as and from a glance at this, it looks like Mr. UDALL. I did my best. ‘‘TIGER grants’’); and there are some areas of funding that are related to national security that I f (B) funding to address maintenance, con- struction, and security-related backlogs think are supportable. There are others NATIONAL DEFENSE AUTHORIZA- for— that are not, but we look forward to TION ACT FOR FISCAL YEAR (i) medical facilities and minor construc- the debate tomorrow, and hopefully 2017—Continued tion projects of the Department of Veterans any Member who wants to be involved Affairs; will come down and engage in this de- The PRESIDING OFFICER. The Sen- (ii) the Federal Aviation Administration; ator from Rhode Island. (iii) rail and transit systems; bate. We would like to wrap it up to- AMENDMENT NO. 4549 TO AMENDMENT NO. 4229 (iv) the National Park System; and morrow because there are a number of Mr. REED. Mr. President, I call up (v) the HOME Investment Partnerships other amendments pending. amendment No. 4549 to McCain amend- Program authorized under title II of the I yield the floor. Cranston-Gonzalez National Affordable The PRESIDING OFFICER. The Sen- ment No. 4229, and I ask unanimous Housing Act (42 U.S.C. 12721 et seq.); ator from Oregon. consent that it be reported by number. (6) $1,900,000,000 for water infrastructure, Mr. WYDEN. Mr. President, it was The PRESIDING OFFICER. Without including grants and loans for rural water extraordinary to watch this bipartisan objection, it is so ordered. systems, State revolving funds, and funds to effort on TSCA. The clerk will report the amendment mitigate lead contamination, including a An hour ago, Senator PETERS and I by number. grant to Flint, Michigan; (7) $3,498,000,000 for science and technology, thought we were going to have floor The senior assistant legislative clerk time for some brief remarks. I would read as follows: including— (A) $2,000,000,000 for the National Institutes like to ask unanimous consent that The Senator from Rhode Island [Mr. REED] of Health; and Senator PETERS have the chance to ad- proposes an amendment numbered 4549 to (B) $1,498,000,000 for the National Science dress the issues he thought he was amendment No. 4229. Foundation, the National Aeronautics and going to address, and he is going to be The amendment is as follows: Space Administration, the Department of brief. I will go next. I will be brief. I (Purpose: To authorize parity for defense and Energy research, including ARPA-E, and De- partment of Agriculture research; ask unanimous consent that following nondefense spending pursuant to the Bipar- Senator PETERS’ remarks, I be allowed tisan Budget Act of 2015) (8) $1,900,000,000 for Zika prevention and treatment; to address the Senate briefly. At the end, add the following: (9) $202,000,000 for wildland fire suppression; The PRESIDING OFFICER. Is there SEC. 1513. OTHER OVERSEAS CONTINGENCY OP- and objection? ERATIONS MATTERS. (10) $900,000,000 to fully implement the FDA Without objection, it is so ordered. (a) ADJUSTMENTS.—Section 101(d) of the Bi- Food Safety Modernization Act (Public Law The Senator from Michigan. partisan Budget Act of 2015 (Public Law 114– 111–353; 124 Stat. 3885) and protect food safe- AMENDMENT NO. 4138 74; 129 Stat. 587) is amended— ty, the Every Student Succeeds Act (Public (1) by striking paragraph (2)(B) and insert- Law 114–95; 129 Stat. 1802), the Individuals Mr. PETERS. Mr. President, I rise to ing the following: with Disabilities Education Act (20 U.S.C. thank Chairman MCCAIN and Ranking ‘‘(B) for fiscal year 2017, $76,798,000,000.’’; 1400), the Workforce Innovation and Oppor- Member REED for their support and for and tunity Act (29 U.S.C. 3101 et seq.), and for their help in passing the Peters amend- (2) by inserting after paragraph (2) the fol- college affordability. ment No. 4138 to the National Defense lowing: Authorization Act. I also would like to ‘‘(3) For purposes authorized by section Mr. REED. Mr. President, I look for- 1513(b) of the National Defense Authorization ward to a very thoughtful debate to- thank my colleagues Senators DAINES, Act of 2017, $18,000,000,000.’’. morrow. Senator MCCAIN has intro- TILLIS, and GILLIBRAND for joining me (b) ADDITIONAL PURPOSES.—In addition to duced an amendment that would in- in this important bipartisan amend- amounts already authorized to be appro- crease spending with respect to the De- ment. I would also like to thank all the

VerDate Sep 11 2014 07:14 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.085 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3526 CONGRESSIONAL RECORD — SENATE June 7, 2016 Members who cosponsored the amend- had difficulty maintaining a job. This In 2003, courageous American sol- ment, including Senators TESTER, STA- is an example of someone who is suf- diers, including members of Oregon’s BENOW, KIRK, SANDERS, STABENOW, fering as a result of service to his coun- National Guard, were given the task of BLUMENTHAL, BOXER, and Chairman try, and yet the VA denied his request protecting workers of Kellogg Brown & MCCAIN. for benefits on the basis of this dis- Root, KBR, at the Qarmat Ali water We have far too many servicemem- charge. The Discharge Review Board treatment plant in southern Iraq. bers who are suffering from trauma-re- also denied his request to upgrade his Some of these soldiers are suing KBR lated conditions such as post-trau- discharge, despite his presenting clear on the grounds that the contractor matic stress disorder or traumatic evidence of his condition. knowingly exposed them to dangerous brain injury. Unfortunately, many of We must stop denying care to serv- carcinogenic substances such as so- these servicemembers have received a icemembers with stories like this and dium dichromate and hexavalent chro- less-than-honorable discharge, also start providing them with the benefits mium. Many of these soldiers have re- known as a bad paper discharge. These they deserve and earned through their ported serious illnesses, and at least former servicemembers can receive bad service. We have a responsibility to one has already passed away at a sur- paper discharges for misconduct that is treat those who defend our freedom prisingly young age. KBR has fought often linked to behavior seen from with dignity, respect, and compassion. this case, as is their right, and nor- those suffering from PTSD, TBI, or Last year I introduced the Fairness mally this would not be an issue for other trauma-related conditions. The for Veterans Act, and the Peters- the Congress, but this is not a normal effects of traumatic brain injury can Daines-Tillis-Gillibrand amendment case because KBR isn’t paying for the include cognitive problems, including that was unanimously accepted by this case. The American taxpayer is picking headaches, memory issues, and atten- body is a modified version of that bill. up the bill. KBR’s contract with the tion deficits. In addition to combat- The Peters amendment would ensure Pentagon includes an indemnification sustained injuries, PTSD and TBI can liberal consideration will be given to clause. This, of course, is legalese that also be the result of military sexual petitions for changes in characteriza- means that the U.S. taxpayer is on the trauma. tions of service related to PTSD or TBI hook not only for any damages in- Bad paper discharges make former before Discharge Review Boards. curred as a result of the contractor’s servicemembers who are suffering from The Peters amendment also clarifies actions but also for legal bills and ad- service-connected conditions ineligible that PTSD and TBI claims that are re- ministrative costs incurred during for a number of the benefits they have lated to military sexual trauma should legal battles. It makes no difference if earned and have become ineligible also receive liberal considerations. I the contractor is at fault or not. when they need them the most. These would like to thank the many veterans In this case KBR has run up exorbi- service organizations that advocated discharges put servicemembers at risk tant and wasteful legal bills in the tirelessly on behalf of this amendment of losing access to VA health care and course of its lengthy legal defenses and legislation. against the soldiers’ claims. The Pen- veterans homelessness prevention pro- I would like to recognize the Iraq and grams. This is completely unaccept- tagon, in essence, gave these contrac- Afghanistan Veterans of America, Dis- tors a blank check. Predictably, KBR able. abled Veterans of America, Military I would like to share a story of a has run very high legal fees, paying Officers Association of America, the former servicemember who shared his first-class airfare for lawyers, wit- American Legion, Paralyzed Veterans experience with my office in Michigan. nesses, and executives, secure in the of America, Vietnam Veterans of knowledge that the taxpayer was pick- This individual was deployed in Af- America, Veterans of Foreign Wars, ing up the tab. ghanistan in 2008 as a machine gunner. United Soldiers and Sailors of Amer- For his performance overseas, he re- Along with attorneys billing at $750 ica, and Swords to Plowshares. an hour, taxpayers are on the hook to ceived a number of awards, including In addition to seeing strong support pay at least one expert more than the Combat Action Ribbon, Global War from these veteran services organiza- $600,000 for testimony and consultation on Terrorism Service Medal, Navy Mer- tions, this has also been a bicameral ef- and apparently time spent napping. Of itorious Unit Commendation, Afghani- fort. I would also like to thank Rep- course, there is no incentive for KBR stan Campaign Medal, Sea Service De- resentative MIKE COFFMAN of Colorado to bring the legal cases to a conclusion. ployment Ribbon, and the National De- and TIM WALZ of Minnesota, who intro- fense Service Medal. When he returned duced the companion bill in the House The lawyers can run fees until the cows home, he began suffering from agita- and are supportive of this amendment. come home because they know they tion, inability to sleep, blackouts, and Servicemembers who are coping with will not have to pay a dime no matter difficulties with comprehension. the invisible wounds inflicted during how the case turns out. He was scheduled to be evaluated for their service and were subject to a bad Fortunately, in this indemnity case, TBI. However, that evaluation never paper discharge should not lose access and in others, there is a solution pro- occurred. He began drinking to help to the benefits they have rightfully vided in the same contract. The con- himself sleep and received an other- earned. That is why we must ensure tract empowers the Department of De- than-honorable discharge after failing that all veterans get the fair process fense to take over the litigation and a drug test. Following his discharge, they deserve when petitioning for a look out for the interest of the Amer- the VA diagnosed him with TBI, and he change in characterization of their dis- ican taxpayer who is footing the bill. began treatment. charge. The Peters amendment No. 4138 For reasons that are hard to calculate, The VA later determined he was in- will do just that. the Pentagon has refused to do this in eligible for treatment due to the char- I am proud that today this body the KBR case, despite my having urged acter of his discharge, and his treat- unanimously approved this important several Secretaries of Defense to exer- ment ceased immediately. He was later amendment that I authored with Sen- cise this authority, and so the litiga- evaluated by a psychologist special- ators DAINES, TILLIS, and GILLIBRAND. I tion continues with no end in sight. izing in trauma management who de- look forward to working with my That is why I have filed amendment termined that the behavior that led to House colleagues to ensure this provi- No. 4510 to the 2017 National Defense his discharge was the result of his TBI sion remains in the conference bill. Authorization Act. The amendment di- and PTSD. Mr. President, I yield the floor. rects the Department of Defense to ex- He petitioned the Discharge Review The PRESIDING OFFICER. The Sen- ercise its contractual right to take Board for a discharge upgrade and pre- ator from Oregon. over litigation for indemnified contrac- sented the medical evidence of both Mr. WYDEN. Mr. President, as the tors in cases where the legal process TBI and PTSD. However, the Discharge Senate works on the Defense bill, it is runs more than 2 years. In doing so, it Review Board considered his medical important to note the shameful squan- will bring the seemingly never-ending evidence to be irrelevant and his peti- dering of taxpayer money by a defense litigation to a timely resolution and tion was denied. contractor accused of willfully expos- save taxpayers from throwing good This Michigander has since experi- ing U.S. soldiers to toxic chemicals money after bad as the process drags enced periods of homelessness and has while they served in Iraq. on and on year after year.

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.086 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3527 The amendment isn’t an attempt to The roots of the space program that we making today. It is an argument about relitigate the decision to indemnify saw in the 1970s and 1980s are being uti- competition, it is an argument about contractors in the first place. What lized today to steer tractors, satellite- costs, and it is an argument about this commonsense amendment seeks to guided equipment, to locate the best what is actually going to fulfill all of do is to make sure that the blank yield in a field through combines that our needs in space and not leave us checks being picked up by taxpayers use global positioning systems and pre- without the capability to meet our na- stop. This is critical because the gov- cision farming data to better their op- tional security space missions. That is ernment has an obligation to ensure erations. Of course, we have these de- the critical part of what we are talking that these legal bills don’t cost the bates today that remind me about about today. Just as those farmers on taxpayers any more than necessary, those conversations. We have debates the Eastern Plains did—they talked and certainly the American taxpayer today over policy about how we are about the best fit for their mission to does not need to be padding the pock- going to see the future of space, how make sure they could plant their crops, ets of the lawyers of the contractors. we are going to see the future of secu- to make sure they could get the crops I want to be clear: The amendment rity, how we are going to see the future out of the field and do it in an afford- does not prejudice the outcome of the of rocket launches in this country. It able manner so they would still be in legal case in any way. It simply en- reminds me of the conversations that I operation the next year despite the sures that when the taxpayers pay the had with those farmers in the Eastern fact that they had historically low bill, the government that represents Plains. commodity prices, just as we are facing the American taxpayer is in control in- My family sells farm equipment a historically tight budget in the U.S. stead of a contractor’s lawyer. It seems today in a little, tiny town out by Kan- Congress. to me that the Senate owes that to the sas. Oftentimes farmers would come in What we are talking about is our na- American taxpayer. and talk about how they would be more tional security. It is not about tractors I urge my colleagues to support this productive this year and what kind of in a field, and it is not about whether amendment when it is considered later equipment they needed to be tailor- we are going to have the right com- in the course of the day. made for their operation, how they bine. This debate is about national se- With that, I yield the floor. could create a farming program with curity space missions. This debate is The PRESIDING OFFICER. The Sen- the farm equipment they would buy in about having the right kind of rocket ator from Colorado. order to have the right type of tractor, to launch a critical mission that might Mr. GARDNER. Mr. President, when the right type of combine, or the right include a satellite on top that is for I was growing up in the Eastern Plains type of tillage equipment to meet the missile launch detection, or perhaps it of Colorado, one of the things I was needs of their operation. is a rocket that is going to put into hoping to do after graduating from col- When they would come in and talk to orbit a device that will listen and pro- lege and entering the workforce was to us about what kind of farm equipment vide opportunities for us to know what work in the space program. I des- best fit their needs, they would look at is happening across the world or across perately wanted to be an engineer—an what price range they had to deal the United States. Maybe it is some- astronaut. I wanted to live that dream with—what was more affordable or less thing that is related to that organiza- that was played on the television when affordable. They would look at the util- tion that I was so desperate to join, the I was growing up and when there were ity of a single piece of equipment. National Aeronautics and Space Ad- movies such as ‘‘The Right Stuff.’’ Could this tractor or combine meet all ministration, NASA. Maybe it is the When I was growing up in the mid- of their needs? Could it harvest corn Dream Chaser from Sierra Nevada Cor- 1980s, the movies they showed idealized and sunflowers? Could it harvest soy- poration, which is attempting to build the world of space exploration. I grew beans? Could it pick sunflower seeds? a vehicle that will be placed on top of up idolizing the astronauts. Could it pick up dried beans? Those are one of the rockets that might be no I can remember as a child writing a the conversations we would have. longer available, should the current letter to the National Aeronautics and What they didn’t do was come in and language of the National Defense Au- Space Administration, or NASA, and say: Hey, I want to buy a piece of thorization Act move forward. basically telling them that I was really equipment that costs 35 percent more We have the same kinds of debates interested in becoming an astronaut than any other piece of equipment and every day in our business, whether you and how I could someday do that. Lit- doesn’t fit the needs of our operation. are a farmer or a car dealer, but this is tle did I know that my mom, all these We sold red farm equipment. There about our security, this is about our years later, kept the response from may have been equipment that some- defense, and this is about our ability to NASA, and the letter had the old body would want to do that with, but provide competition in space, to pro- ‘‘worm’’ NASA logo on top. The re- the fact is this: When they came into vide rockets that compete for business, sponse came with a picture of the most our store, they wanted farm equipment to provide rockets that are cost effec- recent space shuttle mission, which in- that would fit their needs at the right tive for their mission, to provide rock- cluded Sally Ride. Of course we know price and was able to meet the de- ets for this country to meet those crit- Sally Ride, the first female in the mands of all of their operations so they ical missions that we talked about that space shuttle program. I remember how wouldn’t have to use a tractor for this are reliable and have a proven record. excited I was to get that letter back. field and a different tractor for that That is what we are doing today, and Years later, I looked at the actual field or pay for a tractor that costs 35 that is why Senator BILL NELSON of content of the letter and noted that percent more over here and a tractor Florida and I have together worked on they weren’t necessarily quite as kind that didn’t fulfill all of their needs over amendment No. 4509 to make sure when in confirming my aspirations when there. it comes to our ability to reach space, they laid out how difficult it would be When I look at the debates today to reach the orbits that we need to, we to become a rocket scientist—to be- over the National Defense Authoriza- can do it in a cost environment that re- come an aerospace engineer and to go tion Act and how we are handling our flects the reality of budgets today and on and pursue that dream. Lo and be- Nation’s rocket program, the EELV do it in a way that we know can be re- hold, they were right. I ended up pur- programs—the debate that has occu- liable. This amendment will address suing a different direction in college pied this Congress for a number of those concerns by peeling out the lan- and beyond, but I always had great ad- years—I think back to the common guage of the National Defense Author- miration and respect for the men and sense of those farmers on the High ization Act to ensure competition, to women of our space program. Plains of Colorado because what is ensure reliability, to ensure afford- Growing up on the Eastern Plains of common sense on the High Plains is ability, and to assure that those agen- Colorado was a fascinating experience. just plain sense in Washington, DC, and cies such as NASA or perhaps USGS I learned how people ran their busi- that is what we are facing during this and other agencies that are relying on nesses and how today many of our trac- debate over what rockets we are going space more and more have the ability tors and combines rely on the very to allow this country to use in the fu- and capacity to reach the orbits they space programs that I was admiring. ture. That is the argument that we are are trying to reach.

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.087 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3528 CONGRESSIONAL RECORD — SENATE June 7, 2016 The Nelson-Gardner amendment rocket, and it would cost $1.5 billion rity for this country. We can do it with assures competition. That is something more. The fiscally responsible thing to a reliable system at an affordable cost. we have all agreed is critically impor- do is to allow for competition, to allow We talked about competition. The tant as we look to the future of our this rocket to continue to be used, to Nelson-Gardner amendment promotes space and launch programs. This ad- allow this engine to continue to be competition by allowing the Defense dresses the certification of the Evolved used as we transition out of this engine Department to contract for launch Expendable Launch Vehicle, the EELV and in a few years to have a different services with any certified launch vehi- program that I mentioned before, to type of engine and different type of cle until December 2022, allowing com- make sure that a provider can be rocket that they are working on right petition to 2022 and transitioning out awarded a national security launch for now. And in a few years we will have it. of the RD–180 so that we can have more one of these critical missions by using To say that we are going to change and competition in the future. any launch vehicle in its inventory. eliminate competition today, we are The language we have been dis- Why is that important? Because we going to drive up costs by 35 percent, cussing—I believe it is section 1036 or need to make sure that the U.S. Gov- and we are going to turn to a rocket 1037 of the National Defense Authoriza- ernment has the ability to receive the that can’t meet all the orbits, can’t tion Act—eliminates this competition. best value. It is the same conversation meet all our needs, and doesn’t have It puts an end to it by ending the use those farmers were having about what the track record of the Atlas V—that is of these engines and basically taking farm equipment they were going to use the definition of irresponsibility. out the Atlas V rocket. The Atlas V, back home, except this is a critical na- Adding $1.5 billion to $5 billion of again, is the United States’ most cost tional security space mission. cost and also eliminating competition effective and capable launch vehicle. If we prevent this language from is not what I think this place should According to the Congressional Re- being removed or if we don’t allow the stand for. The Senate should stand for search Service, the Atlas V rocket, Nelson-Gardner amendment to move competition. We should achieve what which is powered by the RD–180 engine, forward, then it is going to be very dif- remarkable changes we have seen in has had 68 successful Atlas V launches ficult for us to have that competition. the space program, as more people are since 2000. The Atlas V has never expe- For instance, you are looking at the entering into the rocket market. We rienced a failure. When talking about possibility that a rocket we are using have seen new entrants into rocket competition, cost, reliability, and put- right now known as the Atlas V rocket, launchers—and that is what we are ting a satellite on top of a rocket— which has never failed, would be forced talking about today—to continue the where many times that satellite costs to bid for future rocket missions; that competition, not lessen the competi- more than the rocket itself—we can’t is, United Launch Alliance, which tion by eliminating it, taking offline afford a failure from a fiscal stand- makes the Atlas V rocket right now, models of rockets and then spending $5 point, and we certainly can’t afford a would be forced to bid using more ex- billion more. failure from a security standpoint. pensive Delta forerunners. To be expen- We have already talked about the That is why we need reliability and a sive is one thing, but to cost 35 percent farmer sitting in the field. If he has a proven track record. more than what we already have today combine that could cost 35 percent This debate is complicated. People is missing that common sense that I more but does the same job as the one for years have talked about the Atlas talked about on the High Plains of Col- that cost 35 percent less, which one is V, the Delta IV, and the Falcon 9. Peo- orado. he going to choose? Which one would ple ask: What does it all mean, which This amendment will make sure that his banker want him to choose? The engine do we use, how do we transition, we abide by the request of the U.S. Air American people would want us to go and why did we end up in this position Force, which is concerned that if we with what is proven and what is reli- in the first place? allow the provision of the National De- able. Let’s transition off of it—you There are a lot of people who have fense Authorization Act to move for- bet—but not at an increased cost to our come to the floor on different issues, ward today, that would bar our ability defense of $1.5 billion to $5 billion saying it is not rocket science, but, in- to use certain rocket engines; that if more. deed, today we are talking about rock- the Atlas V, which relies on this rocket To support this amendment and the et science and the need to have an engine, is banned prematurely from rocket competition that this Nation Atlas V rocket that provides competi- DOD’s use, that alternative—which deserves is what is fiscally conserv- tion, reliability, and the opportunity means they would have to use that ative. The pro-competition position en- for the United States to meet our na- Delta IV rocket—would cost an addi- sures that the U.S. Air Force and Na- tional security needs. tional $1.5 to $5 billion more versus tional Aeronautics and Space Adminis- Without the Nelson-Gardner amend- simply relying on the proven and effec- tration will have access to space. It is ment, the underlying language of the tive rocket that we have today. about meeting the needs of those in our National Defense Authorization Act I think everybody in this Chamber Air Force, NASA, and others who have legislates a monopoly. It creates a mo- agrees that we can move to a different said that we need this critical mission. nopoly with the Evolved Expendable rocket than the Atlas V, which relies As General Hyten testified before Launch Vehicle Program, or EELV, be- on the engine prohibited under the act. this Congress, the Department of De- cause only one company would be al- Everybody agrees with that, but what fense will incur additional costs to re- lowed to fairly compete. While we have they don’t agree with is the fact that configure missions to fly on a different all committed to competition and we we would spend $1.5 billion more to rocket—the Delta IV we have been all have said we are going to transition achieve this goal. talking about and the Delta IV away from this rocket engine, we actu- We are going to be debating very Heavy—because the competitor to the ally would be passing legislation that soon an amendment that will add $18 Atlas V doesn’t have a rocket as capa- would create a legislative monopoly. billion and put that money into our de- ble as the Atlas V and can fly to only That is not plain common sense; that fense because people are concerned half of the necessary orbits. is nonsense. that we have a dwindling capacity in In 2015 and 2016, the Air Force and It is important to note that the De- our military to meet the needs around the Defense Department leadership tes- partment of Defense isn’t the one that the globe for U.S. national security tified to the need for additional RD–180 is buying these rocket engines in the needs; that our men and women in uni- engines—that is the engine that we first place. The Department of Defense form don’t have the dollars they need have been talking about that is buys the launch services. The Nelson- to fix the equipment they are relying stripped out of the Atlas V, ending the Gardner amendment would allow upon. Atlas V program—to compete for United Launch Alliance and others to This Chamber is going to be voting launches and to assure that the United compete for missions with the Atlas V. on putting more money into national States doesn’t lose assured access to The ULA is competing with the Atlas defense. Allowing the language that is space, making sure we can get to where V. Others could be competing as well. currently in the bill would bar our abil- we need to go to place a satellite in the If the ULA does not win the competi- ity to use this engine in an existing orbit it needs to be in to provide secu- tion, the Department of Defense will

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.088 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3529 not be using the RD–180 engine. It costs when our security needs are away from the RD–180 engine while en- makes sense to me. growing? suring reliability, access, and main- Promoting this open and fair com- The Nelson-Gardner amendment taining competition. It is by keeping petition to get the best deal for the assures that we have this access be- the Atlas V. taxpayers of this country—to get the cause we know if there is a 21⁄2-year At a Senate Appropriations Com- best deal for national security needs in delay, not only does that prevent us mittee hearing on March 10, NASA Ad- this country—is the fiscally respon- from putting important assets into ministrator Bolden highlighted the sible path forward and allows the DOD space, it will also drive up costs. The need for the Atlas V by stating, ‘‘We to achieve those priorities. It allows space-based infrared system, SBIRS, are counting on ULA being able to get the Air Force to reach the space that warning satellites designed for ballistic the number of engines that will satisfy they need to. It is not just the Air missile detection from anywhere in the requirements for NASA to fly.’’ That is Force; it is the Secretary of Defense, world, particularly countries such as not a congressional staffer making it the Director of National Intelligence, North Korea, would be delayed. The up in the back room of the mail office; the Secretary of the Air Force, Com- Mobile User Objective System and Ad- that is the Administrator of NASA. He mander of the U.S. Space Command, vanced Extremely High Frequency sat- went on to talk about the mission’s im- the Air Force teaching staff, and many ellite systems that are designed to de- pact. He talked about the Dream Chas- others who have testified before this liver vital communications capabilities er, which was recently awarded a cargo Congress in support of continued use of to our armed services around the world resupply services contract. This isn’t the RD–180 rocket engine until a new would both be delayed. pie-in-the-sky kind of stuff; this is a domestic engine is certified for na- According to a letter dated the 23rd company that has already been award- tional security space engines. Com- of May from the Deputy Secretary of ed a cargo resupply service contract to pared to the Delta IV, the Atlas V can Defense, ‘‘losing/delaying the capa- supply the International Space Sta- reach every national security space bility to place position and navigation, tion. communication, missile warning, nu- mission that we need with certified, The Dream Chaser was designed to clear detection, intelligence, surveil- 100-percent reliability from the Atlas fly atop the Atlas V rocket. The lan- lance, and reconnaissance satellites in V. We don’t have that anywhere else. guage in the NDAA would strip this It has been made clear by the Sec- orbit would be significant.’’ ability to use that rocket. Our amend- Challenges to our freedom around the retary of Defense, the Director of Na- ment, the Nelson-Gardner amendment, globe in the Middle East, North Korea, tional Intelligence, the Secretary of would allow us to use the commonsense along with what is happening in South- the Air Force, and the Commander of approach, to use that plain sense that I east Asia and the radicalization occur- Space Command that ensuring Amer- talked about. ring in certain countries mean we can’t ica’s access to space is an issue of na- Michael Griffen, former NASA Ad- afford delay. We can’t afford cost in- ministrator, weighed in on the issue, tional security, as well as protecting creases. It is not just the defense bill. stating: the taxpayers’ dollars that are already It is not just the Secretary of the Air A carefully chosen committee led by How- so scarce in the defense budget. Why Force. It is these agencies that we have would we add an additional $1 billion in ard Mitchell, United States Air Force, Re- also talked about tonight, like NASA. tired, made two key recommendations in the cost by eliminating competition when The Nelson-Gardner amendment sup- we ought to be doing the exact oppo- present matter: 1. Proceed with all delib- ports our civil space missions by ensur- erate speed to develop an American replace- site? ing access and allowing Federal Gov- ment for the Russian RD–180 engine [and we The Nelson-Gardner amendment pro- ernment agencies to contract any cer- agree], and while that development is being motes national security by assuring re- tified launch service provider because carried out, buy all the RD–180s we can to liable access to space that we talked many of those missions that are crit- ensure that there is no gap in U.S. access to about, to make sure that we have a ical to NASA’s success outside of the space for national security payloads. I see no certified launch service available with DOD are designed to fly atop an Atlas reason to alter those recommendations. a proven track record. The Atlas V V rocket. According to the Wall Street We are talking about a hard stop of rocket is one of the most successful Journal, while the underlying NDAA 2022 so that we can replace the rocket rockets in American history. Since language only directly impacts the De- with our own. But in the meantime, 2000, we have had 68 consecutive suc- partment of Defense, the result ‘‘is let’s use some common sense. Let’s cessful launches with zero failures, ac- likely to raise the price of remaining make sure we are saving the taxpayer cording to the Congressional Research NASA missions because massive over- dollars. Let’s make sure we are not Service. That is a 16-year track record. head costs would have to be spread putting an additional cost—pulling $1.5 According to the Department of De- across fewer launches.’’ billion out of our defense budget to fense—and this is important—if Atlas That goes back to the conversation cover something that we can already V restrictions are imposed, certain about buying one piece of equipment, do, when their resources are already missions would sustain up to 21⁄2 years not a separate combine to harvest far too scare. Let’s make sure we have of delay. corn, a separate combine to harvest a reliable platform to reach all of the We have threats emerging around the wheat, a separate combine to pick up orbits we need to, a platform that has globe. This past week I had the oppor- beans. Buy one combine with different had 68 consecutive launches to achieve tunity to visit South Korea. We met attachments, and you can do it all. the mission needs. This is high-risk with General Brooks, and we talked That is what we are trying to do to stuff. I mentioned as a kid growing up about the need this country has in as- make sure that we have the capability in the Eastern Plains of Colorado how suring a denuclearized Korean penin- in the equipment because if there is a fascinated I was with this rocket sula to make sure that North Korea NASA mission and they are placing a science. doesn’t possess the capability to Dream Chaser on top of it, or if you are I believe this body has a responsi- launch a nuclear weapon that could hit placing something to do with the Orion bility to adopt the Nelson-Gardner the mainland of the United States. mission, which is designed to be on top amendment to assure that we can pro- That is not something that can wait of the Atlas V, you are going to drive tect our people fiscally and from a de- year after year because we made a de- up the costs. You have the costs being fense standpoint. So later this week, as cision that costs the taxpayer more driven up by the rocket because there we debate and offer amendment 4509, I and lessens our capacity and capability are higher costs being spread across hope and encourage everyone to do of going into space. fewer agencies. You have a higher cost what is fiscally responsible, to promote In fact, what I heard from General because you have to redesign the Orion competition, to promote access and re- Brooks and from others in South Korea and the Dream Chaser to fit the new liability from the DOD to NASA by is that our intelligence needs and re- rocket. You are going to be delayed, adopting the Nelson-Gardner amend- quirements in North Korea are only in- possibly, because of those changes, and ment. creasing. So why would we decrease it is going to result in higher costs. I yield the floor. competition? Why would we decrease So we have a responsibility to the Mr. MERKLEY. Mr. President, I sug- access to space? Why would we increase American people in how we transition gest the absence of a quorum.

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.093 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3530 CONGRESSIONAL RECORD — SENATE June 7, 2016 The PRESIDING OFFICER. The $6.7 billion in 2013, a close to 600-per- after drug kingpins. However, the U.S. clerk will call the roll. cent increase in the use of taxpayer Sentencing Commission has found that The bill clerk proceeded to call the dollars. they too often apply to every function roll. According to Pew, the Federal prison within a drug organization, from mules Mr. MERKLEY. Mr. President, I ask system uses $1 in $4 spent by the De- and couriers to low-level street offend- unanimous consent that the order for partment of Justice. This is unaccept- ers. By the way, when low-level offend- the quorum call be rescinded. able. ers are arrested and given these man- The PRESIDING OFFICER. Without In fact, in my first meeting with datory minimum sentences, they are objection, it is so ordered. then-Attorney General Eric Holder in simply replaced by other low-level The PRESIDING OFFICER (Mr. his office after I was elected Senator, dealers. The strategy does not work in ROUNDS). The Senator from New Jer- he shared with me how the Bureau of making us safer, but it is costing us so sey. Prisons budget had become so bloated much money. Mr. BOOKER. Mr. President, I rise that he had limited resources to put to- This is contrary to the original vi- today to speak about amendment No. ward other Department of Justice pro- sion of mandatory minimums. They 4083, submitted by a dear friend and re- grams—initiatives such as hiring FBI were created to go after serious drug spected colleague of mine from New officers and support for programs that traffickers and kingpins. The U.S. Sen- Hampshire whom I must in good faith we actually know will make our com- tencing Commission found that manda- disagree with. This amendment in- munities safer. tory minimums are often applied too creases already existing mandatory What is more, these laws did not broadly, set too high, and—what is minimum sentences on offenses related work. They didn’t target those whom worse—that they are unevenly applied. to fentanyl and would not make our they were supposed to target. Manda- In other words, people who can afford communities safer. It would redirect tory minimum sentences weren’t re- lawyers, people who have resources and funds away from the kinds of invest- sponsible for reducing crime. The work means, can fight against those laws, ments we need to truly end the opioid of law enforcement and the utilization and people who cannot afford the best abuse and heroin use epidemic. of data-driven policies are what have defense often are the ones who get Today we face a deadly reality, a done that. A report from the Brennan mandatory minimums. community-shattering reality—an Center found that ‘‘increased incarcer- Who is going to get mandatory mini- opioid epidemic in America. I know ation has been declining in its effec- mums? People on college campuses, what this epidemic is doing to our com- tiveness as a crime control tactic for 30 such as the one I attended, or people in munities. years. Its effect on crime rates since the city I now call home. In my home State of New Jersey, the 1990 has been limited, and has been Understand this: The amendment heroin death rate is more than three non-existent since 2000.’’ that is being proposed reflects the old times the national average. The heroin Experts have found that mandatory strategies that haven’t won the war on minimum sentences have no demon- overdose rate in New Jersey now drugs but, in many cases, have actually strable marginal effect on deterring eclipses that of homicides, suicides, car made things worse, especially by di- crime, and it is also the reason why po- accidents, and AIDS as a leading cause verting so much money into our prison lice leadership across the country are of death. Over the past 10 years, we system and away from strategies in our speaking out against increasing these communities, such as treatment and have lost over 1,500 people under the mandatory minimums. Former New law enforcement, which we know work. age of 30 to heroin overdoses in New York Police Commissioner Bernie What have these laws done? They Jersey alone. Kerik spoke out earlier this year to have caused an 800-percent increase in I know that nationally death rates say: ‘‘The reality is that the federal our Federal prison population over the from prescription opioid overdoses mandatory minimum sentences estab- last 30 years. What have these laws have tripled in the last 20 years. I know lished in the early 1980’s has had little, done? They have imprisoned too many that the opioid epidemic knows no if anything, to do with the various nonviolent Americans for decades for bounds. It crosses geographic lines, state and city violent crime and mur- nonviolent, low-level drug crimes. economic lines, and racial lines. This is der statistics in America.’’ What have these laws done? They an epidemic that is tearing apart fami- I know this. I ran a police depart- have imprisoned people such as Sher- lies, individuals, and communities. ment as a mayor and oversaw the func- man Chester, who with two prior non- This is an American epidemic, but tioning of an incredible group of pro- violent drug arrests was convicted and this amendment is not part of the solu- fessionals. Had we had more resources sentenced to life in prison for a third tion. from the Federal Government—instead nonviolent drug crime. At his sen- First of all, mandatory minimums of going to mandatory minimums—to tencing, Mr. Chester’s judge said: ‘‘This themselves have proven to be ineffec- actually hire more police officers, to man doesn’t deserve a life sentence, tive in making us a safer Nation and put more of them in the streets, had we and there is no way that I can legally stopping the drug war. had more resources for drug treatment, keep from giving it to him.’’ Secondly, this amendment and ones had we had more resources for doing What have these laws done? They like it will divert critical resources things such as reentry programs, we have imprisoned mothers such as Alice that could be, that should be, that could have better fought crime, rather Johnson, who, after losing her job and must be invested in real solutions, in than wasting more money on ineffec- filing for bankruptcy, began to asso- supporting preventive and education tive mandatory minimum sentences. ciate with people involved in drug deal- efforts, in supporting law enforcement, Since 1990, as the onslaught of these ing. She was arrested for her participa- in supporting treatment programs. mandatory minimums have come, ille- tion in transporting drugs as a go-be- We have seen a rush like this toward gal drug use in the U.S. has actually tween. When 10 of her coconspirators mandatory minimums before. In the increased. testified against her for reduced 1980s and 1990s, we piled on mandatory To pay for the overincarceration ex- charges, she was sentenced to life in minimum sentences and ‘‘three strikes plosion, Congress has increased spend- prison without parole for 25 years for and you’re out’’ laws in response to the ing on Federal prisons by 45 percent that nonviolent drug crime. growing drug problem in the United since 1998. But over that same period, What have these laws done? They States, but these laws did not prevent Congress has cut spending on State and have imprisoned people like Dicky this epidemic. It didn’t work then, and local law enforcement by 76 percent. In Jackson, a father who was so desperate there is no reason to expect it to work fiscal year 2015, the Federal Govern- to save his 2-year-old child who needed now. ment spent over $2.3 billion a bone marrow transplant that, after What did the war on drugs do? Well, warehousing people who received exhausting his options—including com- it increased our Federal prison popu- lengthened mandatory minimums, and munity fundraisers—he began trans- lation by 800 percent since 1980 alone. that is money that could be invested porting meth in his truck. A year into The laws ended up increasing the elsewhere. his work, he was arrested for selling a costs in our Federal prison system Mandatory minimums, if we remem- half pound of meth to an undercover of- from $970 million annually in 1980 to ber our history, were created to go ficer. He was found guilty of possession

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.094 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3531 with intent to distribute and was given Earlier this year, the Senate passed and Corrections Act, which would take three life sentences without parole. the Comprehensive Addiction and Re- meaningful steps toward undoing so The Federal prosecutor assigned to covery Act of 2015, also known as much of the damage these failed poli- Mr. Jackson’s case remarked: ‘‘I saw CARA. It is a bipartisan bill that would cies have caused over the past decades. no indication that Mr. Jackson was allow the Attorney General to award That bipartisan criminal justice re- violent, that he was any sort of large- grants to address the opioid epidemic form legislation, which worked scale narcotics trafficker, or that he and expand prevention and education through regular order and would re- committed his crimes for any reason efforts. duce mandatory minimum penalties other than to get money to care for his I was pleased to cosponsor that bill, and give judges more discretion at sen- gravely ill child.’’ but unfortunately the amendment that tencing, has been pending on the Sen- What these laws have done is make would have provided funding for the ate floor for over 7 months now with- sure that these nonviolent offenders programs and grants in this bill failed out Senate action. and too many more like them will die to pass. The bill that went forward had The bill followed regular order. It in prison for their crimes—taking the right intentions, but an unwilling- moved through a hearing and a mark- money from our communities and im- ness in this body to provide robust up. It took in testimony from dozens of prisoning people into their fifties, six- funding means that it simply won’t ad- experts and organizations. It was ad- ties, and seventies for nonviolent dress the epidemic adequately. That is justed and amended with input from crimes. They are redirecting taxpayer what is frustrating to me. The Mem- law enforcement officers, attorneys dollars from strategies in our neighbor- bers of this body who refused to in- general, prosecutors, civil rights lead- hoods, in our cities, and in commu- crease funding for preventive and ers, and local elected leaders. It passed nities that we know work and will ac- treatment measures through CARA out of the committee. It was then, be- tually get to the problem of drug now want to divert taxpayer resources cause of input from other Republican abuse. Our system hasn’t empowered towards putting people in jail for Senators, changed again and modified. people. It hasn’t empowered them to longer and longer sentences for low- Now, this baked bill is fully ready for a vote on the floor. If given that vote, it deal with addictions. It hasn’t empow- level, nonviolent crimes. That makes would most likely get a super majority ered them to deal with mental health no sense—to spend millions of more challenges. Our system, as it stands, in this body. dollars to lock up low-level offenders But today, instead of moving forward hasn’t empowered us to do the things and starve the programs that local on that bipartisan, compromise piece we know make us safer. leaders all over this country are asking of legislation—which would start to fix This has been punishment without for, such as treatment, education, and the failed drug policies of the 1980s and proportionality, retribution without local law enforcement. 1990s, which would save us money, reason, and a gross taxpayer expense If properly funded, CARA would ex- which would help us right past wrongs, that takes away money that could be pand prevention initiatives, would ex- which would create resources through invested in public safety and our com- pand education efforts, and would curb its savings that could be used for the munity well-being. abuse and addiction, hitting our Na- Comprehensive Addiction and Recov- If the failed war on drugs, the Anti- tion’s problem at its heart—at its de- ery Act—we are now considering an Drug Abuse Act of 1986, and the Violent mand—and helping addicts with what amendment that would actually build Crime Control and Law Enforcement they need—treatment, not more jail. It on the mistakes of the past and divert Act of 1984 have taught us anything, it would expand the availability of money from the solutions we know is that locking more people up for naloxone to law enforcement. It would work today. longer and longer sentences for low- increase resources to identify and treat So again I say that I am frustrated, I level drug crimes at the expense of bil- incarcerated Americans suffering from am angry, and I am beginning to grow lions and billions of taxpayer dollars drug addiction. It would increase dis- disheartened by the current state of af- does not curb drug use and abuse. posal sites for unwanted prescription fairs. The amendment being proposed These laws didn’t work then. Why are medications and would promote best and its potential consequences are we proposing new ones now? practices for evidence-based opioid and what a growing consensus in the Sen- There is a different way. More man- heroin treatment and prevention all ate from both sides of the aisle and es- datory minimum sentences won’t im- over our country. pecially thoughtful leaders around the pact the fentanyl opioid problem. The This bipartisan bill had wisdom in it. country from all sides of the political mandatory minimums being proposed It was sensible, commonsense, and spectrum—this is exactly what we have for low-level drug offense are not going based on evidence-based strategies. been fighting against. My frustration is to accomplish what the amendment But now, here we are, not talking that instead of looking to take a step supporters hope it will. It is a facade about investing in what we know will forward with the current bipartisan that makes people feel like they are work but suggesting that we do things legislation, we are looking to take a doing something about the problem, that have proven over the last two dec- step back into the mistakes of the 1980s but they are not making a difference. ades not only not to work but to drain and 1990s. Instead of learning from the What they will do is throw more tax- taxpayer dollars and to do more harm. mistakes of the past, we are damning payer dollars at our Bureau of Prisons, We are considering an amendment that ourselves to make them again. expanding that bureaucracy and drain- would use taxpayer resources not to do Since arriving in the Senate 21⁄2 years ing money—taxpayers’ money—from the things I just listed that are under- ago, I have been encouraged by the mo- solutions that we know will work. funded right now but would spend mentum building around this com- What is stunning to me, what is actu- money on incarcerating low-level drug prehensive criminal justice reform leg- ally deeply frustrating to me is that we offenders because of unwise increases islation. I felt encouraged that hope have two pieces of bipartisan legisla- of mandatory minimum sentences. has been dawning. It has been one of tion, one that has passed without The fact is the opioid epidemic is not my more affirming experiences as a enough funding and one that has yet to a problem we can jail our way out of. public leader. During the 21⁄2 years I be brought up for a vote that would ad- We already have mandatory minimum have been in the Senate, many of my dress this epidemic and the broken sentences in place for heroin and colleagues on both sides of the aisle criminal justice system. fentanyl offenses, and they haven’t have been negotiating over this issue Instead of turning to bipartisan legis- done what they were created to do—to in good faith, and actually for a time lation that is going through regular prevent an epidemic such as this from even before I was here they were work- order and investing in strategies that occurring. What this amendment does ing hard on criminal justice reform. this body, in a bipartisan fashion, has is to double down on that failing strat- This comprehensive criminal justice agreed with near unanimity would egy. reform bill would address so many of work, we are now considering an In fact, for over a year, Senate Judi- the issues that have been agreed to on amendment that would spend more ciary Committee members on both both sides of the aisle. It would address money on imprisoning low-level offend- sides of the aisle have worked on a system that does not make our com- ers for longer and longer sentences. crafting a bill, the Sentencing Reform munities safer but instead wastes the

VerDate Sep 11 2014 07:14 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.095 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3532 CONGRESSIONAL RECORD — SENATE June 7, 2016 potential of millions of Americans and mandatory minimum sentences for rus calling for reform across the polit- drains billions, trillions of taxpayer re- drug offenders. It would also more ef- ical spectrum. Everyone from Repub- sources over time. fectively target these mandatory mini- lican candidates for President to con- What we have in the Senate is amaz- mums toward high-level drug traf- servative groups, such as Koch Indus- ing. It has been incredible to see. We fickers and violent criminals. Federal tries and Americans for Tax Reform, have Senators as different from each drug laws were meant to go after these have come out in support of criminal other on the political pole as Senator kingpins, and this legislation leaves justice reform and this bill. That is LEAHY and Senator GRASSLEY, with important tools in place that allow why some Republicans like Grover other Democrats and Republicans, prosecutors to go after them. Norquist and George Martin have writ- from the most liberal to the most con- Also, contrary to what the few oppo- ten: servative in this body, coming together nents of this bill argue, the bill would to craft a measured bill that would Some Republicans who have not focused on not open the floodgates and permit vio- our successes in the states think we are still begin to fix our deeply broken criminal lent offenders to be let out of prison living back in the 1980s and also believe that justice system. This result, the Sen- early; rather, each case must go in ‘‘lock them up’’ is a smart political war cry. tencing Reform and Corrections Act, front of a Federal judge, where the . . . Wasting money is not a way to dem- would enable prosecutors and judges to prosecutor will be present, for that onstrate how much you care about an issue. maintain critical tools for prosecuting independent judicial review. That is why people like Marc Levin, violent offenders and high-level drug Experts from the National Academy the founder of Right on Crime, have traffickers while reducing mandatory of Sciences to the National Research shared that ‘‘the recent successes of minimums and life-without-parole sen- Council have found that lengthy prison many states in reducing crime, impris- tences for nonviolent drug offenders. sentences have a minimal impact on In addition, the bill actually includes onment, and costs through reforms crime prevention. grounded in research and conservative a provision related to fentanyl—not The profound thing about this bill is one that I necessarily believe in or be- principles provide a blueprint for re- that it is not breaking new ground. form—at the Federal level.’’ lieve is most effective, but it was in- This is now becoming common knowl- Former Governor Mike Huckabee cluded in the bill as a compromise edge around the States. In fact, it is said: measure. being followed and led by many red This critical piece of legislation has States in our Nation. In fact, States I believe in law and order. I also believe in the support of dozens of civil rights have shown that we can reduce the using facts, rather than fear, when creating groups and faith groups, Christian policy. And, I believe in fiscal responsibility. prison population, save taxpayers mil- evangelicals and law enforcement and Right now, our criminal justice system is lions and billions of dollars, and also prosecutor groups, including well-re- failing us in all three camps. reduce crime. Texas, for instance, be- spected organizations such as the tween 2007 and 2012, reduced its incar- Republicans and Democrats from Major County Sheriffs’ Association, ceration rate by 9 percent and saw its across the political spectrum have the International Association of Chiefs total crime drop by 16 percent. If come together because they realize our of Police, and the National District At- Texas—a State known for law and failures to fix this system have simply torneys Association. From law enforce- cost us too much already. Everyone ment to faith-based leaders, civil order and being tough on crime—can enact sweeping measures to reform its knows that the first rule of holes is rights activists, and fiscal conservative that when you find yourself in one, organizations, so many have come to- criminal justice system, so can we at the Federal level. That is why I am stop digging. That is why this amend- gether and are being led in many cases ment is so frustrating—because it by law enforcement officials because proud that one of the sponsors of the bill is the Republican Whip from Texas, seeks to dig us deeper into a hole. Look they know this bill is actually smart at the financial costs we are already public safety policy. This bill has the Senator CORNYN. But there are other States—Cali- paying. In 2012, the average American support of law enforcement leaders, in- taxpayer was contributing hundreds of cluding former President George fornia, Connecticut, Delaware, Georgia, Maryland, Michigan, Nevada, Massa- dollars a year to corrections expendi- Bush’s U.S. Attorney General, Michael tures, including the incarceration and Mukasey; former FBI Director Louie chusetts, North Carolina, South Caro- lina, Utah, and New Jersey. All these monitoring and rehabilitation of pris- Freeh; and the U.S. Department of Jus- oners. tice. States have lowered their prison popu- A report from the Center of Eco- In a letter to Senate leadership, lations through commonsense reforms former U.S. Attorney Michael and—surprise, surprise—have seen nomic Policy Research concluded that Mukasey, with former Director Bill crime drop. These States have enacted in 2008 alone, formerly incarcerated Sessions and dozens of former Federal reforms because it is good for public people’s employment losses—keeping judges and U.S. attorneys, shared what safety and it saves needed taxpayer people in for decades and decades—cost they believe the Sentencing Reform dollars that can be reinvested in public our economy the equivalent of 1.5 to 1.7 and Corrections Act can do. They said safety strategies that actually make us million workers or $57 billion to $65 bil- it ‘‘is good for Federal law enforcement safer. Remember, these are Repub- lion annually. And it is estimated that and public safety. It will more effec- lican-led States and Democratic-led the U.S. poverty rate between 1980 and tively ensure that justice shall be States, Governors from the right and 2004 would have been 20 percent lower if done.’’ the left. it had not been for all this mass incar- Groups like Law Enforcement Lead- There is a great conservative organi- ceration. This is a lot of money we are ers to Reduce Crime and Incarceration, zation called Right on Crime. This is spending keeping people behind bars— which represent more than 160 current what they had to say about public safe- nonviolent offenders—and it is taking a and former police chiefs, U.S. attor- ty and criminal justice reform: significant financial toll in our coun- neys, and district attorneys, have spo- Taxpayers know that public safety is the try. We could be investing this money ken out in support of this bill, arguing: core function of government, and they are better. This is a unique moment of rare bipartisan willing to pay what it takes to keep commu- By passing this bipartisan Sen- consensus on the urgent need for criminal nities safe. In return for their tax dollars, tencing Reform and Corrections Act, citizens are entitled to a system that works. justice reform. As law enforcement leaders, the CBO told us that this one bill alone we want to make it clear where we stand: When governments spend money ineffi- ciently and do not obtain crime reductions that takes modest steps toward crimi- Not only is passing Federal mandatory min- nal justice reform will save an esti- imum reform necessary to reduce incarcer- commensurate with the amount of money ation, it is also necessary to help law en- being spent, they do taxpayers a grave dis- mated $318 million in reduced prison forcement continue to keep crime at historic service. costs over the next 5 years and $722 lows across the country. We urge Congress to It is worth repeating that line: ‘‘Citi- million over the next 10 years. Doing pass the Sentencing Reform and Corrections zens are entitled to a system that the right thing creates savings that we Act. works.’’ can then invest in strategies to make Contrary to what the few opponents You see, this is not a partisan issue; ourselves safer or give back to the tax- argue, this act would preserve certain it is an American issue. There is a cho- payers.

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.097 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3533 Please understand that we have paid fects an estimated 14.5 percent of men time in the Senate. Many of my col- dearly for our mistakes. For example, and 31 percent of all the women in our leagues have been working on this from 1990 to 2005, a new prison opened jails. Between 25 and 40 percent of all issue longer. I have been so encouraged every 10 days in the United States, mentally ill Americans will be jailed or that literally my first policy conversa- making us the global leader in this in- incarcerated at some point in their tion on the Senate floor right after frastructure investment. A new prison lives, and 65 percent of all American in- being sworn in right there by the Vice opened every 10 days in the United mates meet the medical criteria for the President of the United States—I States to keep up with the massive ex- disease of addiction, many of them not walked back toward the back of the plosion in incarcerations. Imagine the getting the treatment they need but room and was met by colleagues who roads and bridges and railways we just getting more incarceration. talked to me about this issue. I am so could have been investing in during Today we live in a country where in glad there is this growing consensus, that time. As our infrastructure has many ways the words of Bryan Steven- but I am frustrated that an amendment been crumbling over the last three dec- son are also true. This idea of equal is potentially coming to the floor that ades, the one area of infrastructure justice under the law is challenged by takes us backward while so much work that has been ballooning was gleaming the facts of our criminal justice sys- has gone on to move this body ahead. new prisons to actually incarcerate tem. As Bryan Stevenson said, we live I have come to believe in this body. I overwhelmingly nonviolent offenders. in a nation where you get treated bet- worked hard to become a Member of Imagine the investments we could have ter if you are rich and guilty than if the Senate because I believe in the made in lifesaving research, innovative you are poor and innocent. Over 80 per- Senate and the power of this institu- technologies, science and math fund- cent of Americans who are charged tion to do great things. In fact, it is ing. Instead, we extended mandatory with felonies are poor and deemed indi- the result of the great good of this minimums again and again and again gent by our court system. body and the labor and struggles of so for low-level drug offenders. Our criminal justice system doesn’t many Americans that I am even here The United States must be the leader disproportionately affect just the men- in the first place, so many Americans around the globe for liberty and jus- tally ill, the addicted, and the poor; it fighting for issues that this body tice. Unfortunately, the United States also disproportionately impacts people helped to change. From equal housing now leads the world in a vastly more of color. We know that there is no rights, to voting rights, to civil rights, dubious distinction: the number of peo- deeper proclivity to commit drug this body has made us a fairer and ple we incarcerate. We only have 5 per- crimes among people of color, but there more just Nation. This body has made cent of the world population—only 5 is a much deeper reality that the drug our country the shining light on planet percent—but one out of four impris- laws affect people of color in a dif- Earth for liberty and justice. This oned people on planet Earth is here in ferent way. For example, Blacks and body, with so many committed Ameri- the United States. Again, the majority Whites have no difference in using or cans through so many generations, has of those people are nonviolent offend- selling drugs. There is no statistical so much to be proud of. ers. The U.S. incarceration rate is 5 to difference. In fact, right now in Amer- I am so encouraged by colleagues on 10 times that of many of our peer coun- ica, some studies are showing that both sides of the aisle, that despite the tries. young White men have a slightly high- partisanship and cynicism this body The financial cost, the dollars wast- er rate of dealing drugs than young often generates, we have found com- ed, are only part of the story, though. Black men. But Blacks are 3.6 times mon ground to advance the common We are actually paying for our sys- more likely to get arrested for selling good around our criminal justice sys- tem’s failures in innumerable ways. drugs. Latinos are 28 percent more tem. We have a crisis in that system, The hidden financial costs of our bro- likely than Whites to receive a manda- but I am proud there is movement to ken prison system mirror the hidden tory minimum penalty for Federal of- address that. social costs that befall families of fenses punished by such penalties. A I urge my colleagues to consider the those incarcerated, with 1 in 28 Amer- 2011 report found that more than any profound potential we have to advance ican children—or 3.6 percent of Amer- other group, Latinos in America were our Nation, to deal with the opioid cri- ican kids—growing up with a parent convicted at a higher rate of offenses sis, the drug crisis, and the crime crisis behind bars. Just 25 years ago, it was 1 that carried a mandatory minimum with smart and effective policies that in 125 American children. I recently sentence. And Blacks are also 21 per- have proven to work already at the saw that ‘‘Sesame Street’’ has started cent more likely to receive a manda- State level. programming specifically aimed at tory minimum sentence than Whites I urge my colleagues to resist the se- helping kids with parents in prison be- facing similar charges. Black men are ductive temptation to claim to be cause there are now so many of them. given sentences about 20 percent longer tough on crime when in reality we are Over half of imprisoned parents were than White men for similar crimes. just wasting taxpayer dollars on a the primary earners for their children And Native Americans are grossly failed fiction that obscures the true ur- prior to their incarceration. What is overrepresented in our criminal justice gency of the day. more, a child with an incarcerated fa- system, with an incarceration rate 38 Finally, I urge the leadership of this ther is more likely to be suspended percent higher than the national aver- body to not let this amendment reflect- from school than a peer without an in- age. ing failed policy of the past to the floor carcerated father—23 percent compared Because minorities are more likely and instead move to bring forward a bi- to 4 percent. to be arrested for drug crimes even partisan, widely supported bill that Our rush to incarcerate as a response though the rates are not different in will address the current crisis. We can to many of our societal problems has usage of drugs or selling of drugs, they no longer hesitate or equivocate, and now created a stunning distinction. Ac- are more—disproportionately—likely, we can definitely not afford to retreat. cording to a new report from the Cen- therefore, to lose their voting rights, Wasting more time is not the answer. ter for American Progress, close to half thus resulting in stunning statistics. The time is now, and, I confess, I am of all children in America are growing Today, 1 in 13 Black Americans is pre- losing patience. up with a parent with a criminal vented from voting because of felony While I am encouraged by leaders record. disenfranchisement. Black citizens are like the chairman of the Judiciary Our system often entraps the most four times more likely to have their Committee and the ranking member of vulnerable Americans. We are voting rights revoked than someone that committee, while I am encouraged entrapping people who often are in who is White. by the fact that the majority whip and need of incarceration but treatment Those are statistics befitting a dif- the Democratic Whip are on this bill, and medical help, putting those vulner- ferent era in American history, but un- while I am encouraged by the fact that able populations in jail for longer and fortunately they reflect our current likely a supermajority of support ex- longer periods. In fact, now many of circumstances. ists for this bill, I am growing impa- our prisons serve as warehouses for the So here we find ourselves. I have been tient that it has not come to a vote mentally ill. Serious mental illness af- talking about this issue for my entire yet. There is nothing as painful as a

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.098 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3534 CONGRESSIONAL RECORD — SENATE June 7, 2016 blockage at the heart of justice, block- datory quorum calls with respect to ROTC serves as a vital introduction ing the flow of reason, of common- the cloture motions be waived. to life and a career in the military for sense, fairness, and urgently needed The PRESIDING OFFICER. Without America’s young men and women. Sup- progress. objection, it is so ordered. porting our Armed Forces means sup- But the pain and frustration I might f porting ROTC programs at institutions feel is minimal compared to those who MORNING BUSINESS across the country. ROTC creates are suffering under the brunt of a bro- Mr. MCCONNELL. Mr. President, I America’s next generation of leaders, ken system. We cannot be deaf to the ask unanimous consent that the Sen- in the Armed Forces, and in American cries for justice of families and chil- ate be in a period of morning business, life. dren, those suffering addictions, those with Senators permitted to speak I know my colleagues join me in suffering from mental illness, and therein for up to 10 minutes each. commemorating the 100th anniversary those whose families have been torn The PRESIDING OFFICER. Without of the creation of our military’s ROTC apart by such misfortunes. We cannot objection, it is so ordered. be mute or silent in the face of injus- and in thanking the hundreds of thou- f tice, those of us who are elected to sands of brave cadets who have success- serve all Americans. 100TH ANNIVERSARY OF THE RE- fully completed the challenges of the At the beginning of each day, we SERVE OFFICERS’ TRAINING program and gone on to become offi- swear an oath in this body. We pledge CORPS cers. We are certainly grateful for their allegiance to those ideals of liberty and Mr. MCCONNELL. Mr. President, I service and their sacrifice. Without justice. Let us now act so we do not be- wish to commemorate the 100th anni- ROTC, our Nation’s military would not tray the moral standing of our Nation. versary of the Reserve Officers’ Train- be the superior fighting force that is I urge the Senate leadership to bring ing Corps, or ROTC, the Nation’s train- today. I am proud that Kentucky plays the Sentencing Reform and Corrections ing program for commissioned officers a significant role in the training of Act for a vote. The time is right now to of the U.S. Armed Forces. Founded in ROTC cadets. do what is right now. 1916, ROTC prepares young adults to be Mr. President, I yield the floor. leaders in our Nation’s Army, Navy, f The PRESIDING OFFICER. The ma- Air Force, and Marines. ROTC cadets jority leader. commit to serving their country in FRANK R. LAUTENBERG CHEMICAL CLOTURE MOTION uniform after college graduation in ex- SAFETY FOR THE 21ST CENTURY Mr. MCCONNELL. Mr. President, I change for ROTC assisting with costs ACT send a cloture motion to the desk for associated with their college edu- the Reed amendment No. 4549. Mr. LEAHY. Mr. President, the Sen- The PRESIDING OFFICER. The clo- cation. Although military training took ate’s final passage today of the bipar- ture motion having been presented place at civilian colleges and univer- tisan Frank R. Lautenberg Chemical under rule XXII, the Chair directs the sities in the 19th century, it was not Safety for the 21st Century Act, after 3 clerk to read the motion. until the National Defense Act of 1916, years of difficult negotiations, reflects The legislative clerk read as follows: the true nature of compromise. I am CLOTURE MOTION signed by President Woodrow Wilson, that this training was consolidated glad that we have finally come to an We, the undersigned Senators, in accord- agreement to update our country’s in- ance with the provisions of rule XXII of the under a single entity: the Reserve Offi- Standing Rules of the Senate, do hereby cers’ Training Corps. ROTC is the larg- effective and outdated chemical regu- move to bring to a close debate on the Reed est officer-producing organization latory program. While this is not a per- amendment No. 4549 to the McCain amend- within the U.S. military. fect bill, I believe that it goes a long ment No. 4229 to S. 2943, the National De- In 100 years of history, ROTC has way towards protecting American fam- fense Authorization Act. commissioned more than 1 million ilies from dangerous chemicals and Harry Reid, Jack Reed, Richard J. Dur- military officers. The U.S. Army ROTC serves as a fitting tribute to Senator bin, Michael F. Bennet, Charles E. program started in 1916 with just 46 ini- Lautenberg, who was a tireless public Schumer, Patty Murray, Richard health advocate. Blumenthal, Jeff Merkley, Jeanne Sha- tial programs, and today it has com- heen, Al Franken, Gary C. Peters, Bill missioned more than 600,000 officers at This legislation overhauls the 40- Nelson, Barbara Boxer, Robert Menen- almost 1,000 schools across the Nation, year-old, outdated Toxic Substances dez, Sheldon Whitehouse, Amy Klo- with a presence in every State, as well Control Act and will bring more than buchar, Barbara A. Mikulski. as Guam and Puerto Rico. 64,000 chemicals under the review of CLOTURE MOTION In 2016, Army ROTC has an enroll- the U.S. Environmental Protection Mr. MCCONNELL. Mr. President, I ment of more than 30,000 and produces Agency, EPA. Under the old law, the send a cloture motion to the desk for over 70 percent of the second lieuten- EPA was required to approve chemicals the McCain amendment No. 4229. ants who join the Army, Army Na- using a burdensome and ineffective The PRESIDING OFFICER. The clo- tional Guard, and U.S. Army Reserve. economic cost-benefit analysis, but ture motion having been presented Army ROTC is one of the most de- this reform bill will require the EPA to under rule XXII, the Chair directs the manding and strenuous leadership make a decision based solely? on clerk to read the motion. training programs a young person can The legislative clerk read as follows: health and safety concerns. Addition- choose today. ROTC training molded ally, the Lautenberg act gives the EPA CLOTURE MOTION and shaped six Chiefs of Staff of the enhanced authority to require testing We, the undersigned Senators, in accord- Army, two Chairmen of the Joint of both new and existing chemicals, re- ance with the provisions of rule XXII of the Chiefs of Staff, a current Supreme quiring safety reviews for all chemicals Standing Rules of the Senate, do hereby Court Justice, the current Governor of move to bring to a close debate on the in active commerce and a safety find- Kentucky, as well as countless other McCain amendment No. 4229 to S. 2943, an ing for new chemicals before they are leaders in government, business, act to authorize appropriations for fiscal allowed on the market. year 2017 for military activities of the De- science, sports, and the arts. partment of Defense, for military construc- For decades, Army ROTC has con- The House bill originally included a tion, and for defense activities of the Depart- ducted summer training for many ca- provision preempting State authority ment of Energy, to prescribe military per- dets at Fort Knox, KY. In 2013, I was to regulate specific chemicals. State sonnel strengths for such fiscal year, and for pleased to help Army ROTC get an preemption is a significant concern for other purposes. ROTC training program called the Vermont, especially with the discovery John McCain, John Cornyn, Marco of perfluorooctanoic acid, PFOA, con- Rubio, Roger F. Wicker, Richard Burr, Cadet Leader Course relocated to Fort James M. Inhofe, Pat Roberts, Tom Knox as well. More than 6,000 cadets taminated water in the communities of Cotton, Thom Tillis, Roy Blunt, Shel- attend that particular leadership North Bennington and Pownal. Unfor- ley Moore Capito, Dan Sullivan, course at Fort Knox every year since tunately, due to shortcomings in the Lindsey Graham, Lisa Murkowski, the installation began hosting the pro- 1976 Toxic Substances Control Act, David Vitter, Mitch McConnell. gram in 2014. In all, over 10,000 cadets PFOA was one of many chemicals that Mr. MCCONNELL. Mr. President, I attend various summer training had been presumed safe without any re- ask unanimous consent that the man- courses each year at Fort Knox. quirement for testing or review. While

VerDate Sep 11 2014 07:14 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.099 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3535 the inclusion of even minimal State Skip Burkle was one who cared my own personal humanitarians . . . we all preemption action in the final bill is greatly about what he was learning and have them. unfortunate, the final compromise showed moral leadership even then. As Not going to college was a serious blow I could not live with. For years I had held on largely retains the Senate bill’s provi- students, we both lived in dorms that to an otherwise quite impossible and secret sions and allows States 12 to 18 months resembled World War II-era barracks. dream of being a physician. A dream which to enact tougher regulations through a Fortunately, the living conditions for simply arose many years before from viewing waiver process after the EPA formally students at Saint Michael’s have im- very early Life Magazine photos of doctors announces that it has started the re- proved since then. treating starving children in an African jun- view process for a chemical. There Last month, now-Dr. Burkle, spoke gle hospital. have been assurances to the Vermont at Saint Michael’s College giving the Having been born 2 years before WWII, all congressional delegation from the EPA commencement address. Everyone who my life was one war after another with equally dire photos of both World War II and that Vermont will be able to retain its was there actually listened to a man Korean War casualties. And soon after, dur- more stringent regulation of PFOA. I who spoke of his own background. He ing high school, emerged my generation’s will continue to work with both the spoke also to the moral compass he has war . . . in a strange and unheard of country State and with the EPA to address developed both in school and since in named Viet Nam . . . a war which actually PFOA contamination in Vermont. the military and in his scientific work. began to build up as early as 1954. I am pleased that the final bill in- So much could be said about his ca- My story, in great part, is a love story. I cludes two mercury-specific provisions: reer. I agree when he said, ‘‘My human- met an equally shy girl when she was 13 and The creation of a mercury inventory itarian work was the most meaningful I was the older man of 14. We went steady during high school and secretly dreamed of and the expansion of the export ban to I’ve ever done.’’ That makes so much our future together. With College off the certain mercury compounds. These pro- sense because few people I have ever table the military draft seemed inevitable. visions are sections of the Mercury Use known have begun to approach his life She urged me to plead my case to the High Reduction Act that I was proud to co- as a humanitarian. School Academic Dean, a stern gray haired sponsor in the 112th Congress. Under Mr. President, I ask unanimous con- Brother of Holy Cross, to both loan me the the mercury inventory provision, the sent that his speech to the graduating application fee and forward a decent rec- EPA will be required to prepare an in- class be printed in the RECORD because ommendation. I was shaking in my boots. He ventory of mercury supply, use, and I want those beyond Saint Michael’s silently pondered the circumstances yet College to read what an outstanding nodded his head and agreed to accept the trade in the United States every 3 personal risk despite the potential anger of years. This data will enhance our abil- person has said. my Father . . . ity to reduce the health risks from There being no objection, the mate- The very next day there was a check wait- mercury exposure. The second mercury rial was ordered to be printed in the ing for me! provision builds upon the Mercury Ex- RECORD, as follows: There were others . . . while working as an orderly in a local hospital I met two very port Ban Act of 2008, expanding the ex- SAINT MICHAEL’S COLLEGE COMMENCEMENT caring physicians. They embodied every- port ban currently in effect for ele- ADDRESS thing I wanted to be. They introduced me to COLCHESTER, VERMONT: MAY 15, 2016 mental mercury to include certain a small French Catholic Liberal Arts College mercury compounds that could be trad- FREDERICK M. BURKLE, JR., MD, MPH named St. Michaels in rural Vermont that I ed to produce elemental mercury in PHYSICIAN, SCHOLAR, HUMANITARIAN never heard of. Both were WWII veterans commercial quantities, thus under- Greetings to you all! who attended St. Mike’s and then medical mining the existing export ban. There are many reasons to celebrate this school on the GI Bill. Despite their busy This reform bill also includes new un- day. This graduation is a milestone for you schedules they took time to counsel and en- precedented transparency measures and your entire family. courage, spoke highly of the quality of the thanks to new limits imposed on what Saint Michael’s also needs to be celebrated education but also cautioned that the aca- and commended. As an academic, I do not demic experience would demand much more. can qualify as ‘‘confidential business know of any other college or university this St. Mike’s was the only place I applied. information.’’ The transparency provi- year, or in recent memory, that has shown With luck, I was accepted. My girl friend’s sions also ensure that State officials, both the insight and courage to declare parents, not my own, took me to campus . . . medical professionals, and the public ‘‘Service to Others’’ as the theme of gradua- There was no turning back! have access to health and safety infor- tion. Only at Saint Mikes! . . . I’m not sur- Falling in love with St. Mike’s was a little mation. In addition, the bill places prised! slower and not nearly as romantic! Matricu- time limits and requires justification The implications of this decision are many lation at St. Mike’s was a shock . . . and at first a disappointment. Maybe my Father for any ‘‘confidential business informa- and must be applauded . . . Most impor- tantly it brings great hope and wisdom for was right . . . Will I fail and embarrass my- tion’’ claims that must also be fully the future of this generation and those that self once again? justified when made and will expire follow .... From the outset, the St. Mike’s academic after 10 years if they are not re-sub- I have been asked to speak to you on what faculty made it clear that everyone on cam- stantiated. in my life and college experiences influenced pus was required to take 4 years of liberal Like many Vermonters, I have been my humanitarian career. My first concern arts. This included a long list of the world’s concerned for years about the need to when asked was: How does someone who literature, history, arts and philosophy from improve chemical safety standards in graduated in 1961, 55 years ago, tell his story the beginning of written time. This included a comparative study of all religions, and a the United States. While I had hope for to the class of 2016? .... Let’s give it a try compelling semester of logic that forced us more reforms in the bill, overall, the In truth, if you knew me in high school to deliberate the philosophical ‘‘how’’ and bill is a significant improvement over you would have voted me the ‘‘least likely ‘‘why’’ problems that stressed the minds of current law. It is a true testament to graduate to ever give a commencement ad- every adolescent, like me, whose brain had the groundwork laid by Senator Lau- dress.’’ . . . not yet matured . . . tenberg that we have finally heeded the I attended an all male Catholic High It took me 3 trips to the bookstore to carry calls from the American people to re- School in Southern Connecticut. I was pain- all the required reading back to the small form this outdated law and better pro- fully shy, occasionally stuttered, was easily shared room in a former WWII poorly heated embarrassed, struggled to be an average stu- wooden barracks that once stood where we tect our families from dangerous dent, and was hopelessly burdened by what is are today. chemicals. known today as severe dyslexia. I only began We desperately asked why such torture f to read in the 5th grade. was necessary. I’m to be a scientist. Why did My Father, emphatically and loudly said I have to study the liberal arts? I pleaded TRIBUTE TO DR. FREDERICK ‘‘No’’ to the idea of college. He had labeled . . . something must be wrong! With my BURKLE me a ‘‘lazy dreamer’’ . . . so to him college reading disability, my anxiety level was pal- Mr. LEAHY. Mr. President, one of was a waste of good money. You would agree pable to everyone. the formative parts of my life was . . . I was certainly not a prize academic The science faculty made it quite clear being a student at Saint Michael’s Col- prospect! that to pass the rigorous requirements for So here I am . . . and now I’ve got to ex- recommendation to graduate school required lege in Vermont. It was especially so plain to you how I got onto this stage as a excellent marks in both the sciences and the because of the people I met there. One Commencement speaker. liberal arts. They offered us multiple exam- of my most memorable classmates is I would not be here today without the help ples of notable Statesmen and Nobel Laure- Dr. Frederick Burkle. of some very unselfish people . . . I call them ates alike who, empowered by incorporating

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.072 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3536 CONGRESSIONAL RECORD — SENATE June 7, 2016 the lessons learned from the liberal arts, national Red Cross and multiple global hu- nities. In my experience, we did not under- made major breakthroughs for mankind . . . manitarian organizations. I found myself ne- stand the culture of Viet Nam or Iraq, and such as human rights, freedom of speech, the gotiating with numerous African warlords when General Petraeus was asked at the 10 splitting of the atom, penicillin, the Magna and despots including Saddam Hussein in year mark in Afghanistan what he would Carta, the Geneva Conventions, and the U.S. Iraq. have done differently he said ‘‘I would have Constitution itself . . . I set up refugee camps, treated horrific war learned more about the culture!’’ . . . Slowly, St. Mike’s, without my knowledge, wounds, severe malnutrition, scurvy, the Graduation marks your movement from began to hone, tame and humble me by in- death throes of starvation, and cholera, ma- the protective culture of the campus to a troducing new ways of thinking and rea- laria and blackwater fever, to name but a culture that is more complex, unforgiving at soning. few . . . When I was only a few years older times, but also very exciting and worth- I, like all my classmates, had to give up than you, I had to manage the largest Bu- while. that concrete black and white thinking of bonic Plague epidemic of the last century. Most young volunteers are understandably youth to meet the demands of the outside Eventually, in 2003 I served the State De- burdened by the non-action they have reluc- world. partment as the Senior Health Diplomat and tantly inherited from my generation. .... Most students incorporated those new con- first Interim Minister of Health in Iraq Burdens that shamelessly stem from world- cepts to one degree or another over the next where I was the target of 3 assassination at- wide political neglect of both the health and 4 years. Confidence was built through testy tempts by the same Sunni military that science of the planet. debates on what our increasingly complex now, more than a decade later, make up to- You should be disappointed but also chal- world demanded of us. The process re-intro- day’s ISIS forces in Iraq and Syria. Yes, it is lenged. . . . However, a very hopeful char- duced me to the academic world I thought madness. acteristic of your generation is that you was unfriendly . . . and gave me a new love Obviously, my work was often quite dan- more often than not see yourselves less as for books which were once the enemy of gerous. Making uncomfortable but real deci- nationalists . . . and more as global citizens. every dyslexic child. sions over who survives and who doesn’t, This marks a significant shift from my gen- Less than a month into my freshman year simply because there are scant resources, is eration and a hopeful game-changer in the a profound geopolitical event occurred that always a nightmare. Over 1,000 fellow hu- global landscape. no one had anticipated or was ready for. On manitarian aid workers have been killed dur- As your volunteerism matures, use what- October 4, 1957 we huddled around the one ing my time . . . many, many more than any ever bully pulpit you have to expose and radio available in the barracks to listen to United Nations Peacekeepers. change those inequities that you see in the the faint battery powered beeps of the Rus- I have seen more senseless death and suf- world. The risk is worth it. sian satellite Sputnik. The following day the fering than anyone my age should be allowed I spoke up in Iraq over blatant human faculty held an ‘all student assembly’ to dis- to witness. The same ‘‘how and why’’ issues rights violations of the Geneva Convention cuss the impact of the satellite launch on that I first struggled with in Logic class at and was called a ‘‘traitor’’ in the political mankind and openly asked if any students St. Mike’s were now re-framed in very basic Press. I am most proud I made that choice. would consider changing their major to the daily struggles of both ethics and morality. Remember, those who do have the political sciences. The Space war had begun in ear- As such, I moved more and more to care power to make change frequently do not nest. Everyone’s sense of security suddenly for the most vulnerable . . . the children, know what they don’t know. Instinctively, changed and with it many Cold War humani- women, the elderly and disabled who make all volunteers are also educators and advo- tarian crises sprang up around the world . . . up 90% or more of those who flee or become cates. . . . It comes with the title. many of which, in a short decade, I became ill, injured or die in every war. This became The MOVE program, run by the Campus mired in myself. my calling. Ministry, and the Fire & Rescue Squad rep- Every generation has their own Sputnik While some of this may impress the bud- resent realistic ‘‘real world models’’ that one moments. Your generation already has more ding healthcare professionals in the audi- can neither assume nor get from the class- than your share. ence, everything I experienced in war was room alone. I wish I had experienced them The liberal arts and the comparative reli- preventable . . . it need not have happened. myself. These inspiring volunteer initiatives gion courses prepared me for my life as a hu- War is not the answer. have changed the culture of the College and manitarian more than I ever realized at the But, my humanitarian work was the most more broadly and accurately re-defined time. meaningful I have ever done. I have no re- ‘‘American exceptionalism.’’ Yes, we all read the Bible and debated its grets. The saving of lives when the victims Harvard, where I teach today, has recently meaning . . . but we also found a certain sol- themselves have given up . . . and working taken a page from the St. Mike’s playbook ace in understanding that similar beliefs with some of the most self-less people in the by placing more emphasis on accepting stu- were universal among many other religions world, is addictive . . . and for a physician dents to College who value caring for the and the cultures they were tied to. the adrenaline rush, intensity of the work community over individual extracurricular All religions that have survived over the and the diagnostic challenges are com- achievements. They claim that ‘‘community centuries collectively teach ‘‘social justice’’ parable to nothing else. service’’ and the ethical concern for the . . . a language all its own that defines the As Medical Director of the last Orphan Lift greater public good!’’ is a more sensitive and fair and just relationship between the indi- out of Saigon in 1975, I was secretly slipped true measure of an applicant. vidual and society. It is that shared social into a refugee crowded, already surrounded I agree! St. Mike’s, emphasizing ‘‘service justice that I have in common with my hu- and hostile Saigon during its last days to to others’’ has owned and promoted this be- manitarian and volunteer colleagues on find abandoned and ill infants . . . many lief for many decades. every continent . . . might they be Mus- alone and starving in dank and dirty orphan- Aid to the oppressed has never stood still. lims, Hindus, Christians, Jews, Buddhists, ages. We airlifted out 310 nameless infants in Volunteerism, in general, is increasingly agnostics or atheists and whether they live file boxes . . . 20 years later, by chance, I moving toward prevention, recovery and re- in the Middle East or rural Vermont. met an attractive and ebullient Asian habilitation. .... Your role models must be All the major wars and multiple conflicts woman, now a graduate student who had those distinguished recipients of the hon- that I became engulfed in over my lifetime been the valedictorian of her college class. orary degrees today. I applaud their self-less were all fought over ‘‘whose god was the true She was one of the infants I rescued . . . Life commitments to others. god!’’ Unfortunately, these wars continue comes full circle . . . it was a really good St. Mike’s was an unselfish gift to me. My today. day. class of 1961 was unique in producing many Admittedly, and probably somewhat self- The scientific research that defines my leaders in science, education, government, ishly, I fell in love with the challenges of academic career has me closely working law, the military, industry, the social global health and humanitarian assistance. with like-minded colleagues in Iran, Israel, sciences, and medicine and dentistry to And yes, that shy girl friend who supported Iraq, China, the European Union and many name but a few. They are all great citizens my application to St. Mike’s and I were mar- others. And Yes, another example of life tak- who still argue incessantly over politics . . . ried my first year of medical school and we ing full circle . . . the Nobel Laureates, once some things never change. . . . nor should had 3 children by the time I finished my resi- touted in 1957 as examples for us to emulate they! dency at the Yale University Medical Center. by the St. Mike’s science Professors, selected Please promise me that you will see your Service to one’s country was mandatory a 2013 research study I co-authored to be pre- classmates often . . . call them, email them then . . . and the government obliged by sented and debated at their World Summit in and return to the reunions . . . it’s a great drafting me into the military. In 1968 I was Spain last year. Good people are listening time to brag and see that everyone is equally rapidly trained and rushed, within 20 days, and reading your work. So for the future aging and putting on weight. I do miss many into the madness of the Viet Nam war as a academics and scientists in the audience. of my friends and colleagues and also the Combat physician with the Marines. . . . Never give up! professors who I tried to model myself on Subsequently I was recalled to active duty Hopefully, my now fading career allows me who passed away before I could thank them. as a combat physician in 5 major wars, and to reflect and offer some parting Grand-Fa- And yes, . . . as a bonus, there is another over the years moved up the invisible ladder therly advice: Harvard study this year that shows that of leadership in managing conflicts in over 40 The essence of volunteerism is found in un- both volunteers and their recipients increase countries. I’ve worked for and with the derstanding the culture of the people we en- social connections, reduce stress . . . and World Health Organization, the Inter- gage with, even within our own commu- live longer lives!

VerDate Sep 11 2014 07:14 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.068 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3537 I must close now. . . . As a 31 year Navy There being no objection, the mate- he said. ‘‘I saw other people and their trau- and Marine Corp veteran I wish to leave you rial was ordered to be printed in the matic stories and I was able to connect with with a saying that we, in the service of our RECORD, as follows: other people. Suddenly I was kind of lifted country, always thought was strictly a nau- [From the Associated Press, May 28, 2016] out of that isolation I felt so heavily.’’ tical blessing. . . . In point of fact, it is a INJURED SNOWBOARDER HELPS BRAIN INJURY universal phrase of good luck as one departs f on a voyage in life. . . . It reads: ‘‘Let me SURVIVORS square the yards . . . while we may . . . and (By Lisa Rathke) make a fair wind of it homeward’’. I wish LINCOLN—A near-fatal halfpipe crash while TRIBUTE TO ADMIRAL BILL you all in this audience ‘‘Fair Winds and Fol- training for the 2010 Olympics ended Kevin GORTNEY lowing Seas’’. . . . God speed to you and St. Pearce’s snowboarding career and changed Mikes . . . and thank you for listening . . . his life forever. Six years later, Pearce, 28, Mr. MCCAIN. Mr. President, today I continues to cope with his traumatic brain honor an exceptional leader and avi- f injury that he will carry with him for the ator. After 39 years, a lifetime of serv- TRIBUTE TO KEVIN PEARCE rest of his life and he’s helping other sur- ice to our Nation, ADM Bill Gortney is vivors do the same. Mr. LEAHY. Mr. President, Vermont Pearce, who grew up in Vermont, and his retiring from the U.S. Navy. On this athletes are no strangers to the U.S. brother started the Love Your Brain Founda- occasion, I find it fitting to recognize Winter Olympic team. In 2009, the tion to support traumatic brain injury sur- Admiral Gortney’s many accomplish- Hartland, VT, raised Kevin Pearce was vivors and caregivers. The foundation pro- ments and years of uniformed service readying himself to be a member of vides workshops for yoga teachers to cater to our Nation. their classes to brain injury survivors. It that team when tragedy struck. During As the son of a U.S. Navy captain and a routine half-pipe training session for also offers a free yearly retreat for those with traumatic brain injury and their care- WWII aviator, Admiral Gortney was no the 2010 Olympics, Kevin suffered a givers that is taking place this week in Lin- stranger to the challenges and opportu- traumatic brain injury and was nearly coln, Vermont, and hopes to offer retreats in nities of naval aviation. After grad- killed when he crashed and struck his other parts of the country. uating from Elon College with a bach- head. Since then, Kevin, with the sup- The foundation raises money to cover elor of arts in history and political port of his family, has worked to re- these activities and is working on educating cover and heal from that terrible acci- young athletes about the importance of ‘‘lov- science, he entered the Aviation Officer dent. I have heard firsthand from Kevin ing their brains’’’ and preventing concus- Candidate School and commissioned in sions. how instrumental his younger brother the U.S. Naval Reserve in 1977. He About 50 people from around the country earned his wings of gold as a naval avi- David was in providing positive feed- and Canada are attending the third annual back and encouragement as he com- event that also features nutrition education, ator following his graduation from the pleted his physical therapy. Together art, music and other mindfulness activities. jet strike pilot training pipeline in with his older brother, Adam, Kevin Attendees can also share their personal sto- 1978. He is a 1996 graduate of Naval War started the Love Your Brain Founda- ries. College and earned his master of arts ‘‘There was a huge missing piece to trau- in international security affairs. tion, which offers support to survivors matic brain injuries and there’s such an un- of traumatic brain injuries, their fami- known for so many people of what to do after Admiral Gortney moved through the lies, and their caregivers. they sustain this injury,’’ said Pearce, fol- ranks quickly, moving from com- The Love Your Brain Foundation re- lowing a morning yoga class at the retreat in mander to four-star admiral in 8 years. cently held its free annual retreat in a barnlike building on a hillside. Despite his rapid ascent through the Alternatives such as acupuncture, yoga Lincoln, VT. The foundation’s mission command naval ranks, Admiral extends beyond simply providing sup- and meditation are proving helpful to trau- matic brain injury survivors in their recov- Gortney still managed to log over 5,360 port to survivors; it also works to raise eries, said Dr. Roger Knakal, medical direc- mishap-free flight hours and completed broader public awareness about the tor of physical medicine and rehabilitation over 1,265 carrier-arrested landings pri- condition. Kevin, Adam, and those who and the University of Vermont Medical Cen- marily in the A–7E Corsair II and the support the mission of the Love Your ter. F/A–18 Hornet. Admiral Gortney has Brain Foundation believe that tradi- One of the hardest parts about traumatic completed seven tours of command, tional treatment options, as well as al- brain injuries is that they are invisible inju- ries, said Pearce’s brother Adam. starting with the VFA–15 Vallions and ternative methods of care, can help The biggest eye-opener was how isolated survivors of traumatic brain injuries culminating with his third com- people can become from a brain injury, he manding tour in U.S. Central Com- lead full and healthy lives. The founda- said. ‘‘When you have a brain injury, you feel tion’s annual retreat enables people so not normal,’’ said Pearce. ‘‘You’re thrown mand, as commander, U.S. Naval from around the country, and some back into the regular world. You’re expected Forces Central Command / U.S. 5th from Canada, who are dealing with to be as you were before this. We’re not able Fleet, where he provided support to traumatic brain injuries to share their to do that because we’re now a new person.’’ maritime security operations and com- Pearce was considered, along with Shaun bat operations for Operations Enduring own personal stories and to sharpen White, to be one of America’s top athletes in skills in workshops focused on music, the sport at the time of his crash. On New Freedom And Iraqi Freedom. yoga, and nutrition education. Year’s Eve in 2009, he struck his head during Admiral Gortney’s first flag tour was Whether the result of sporting acci- half-pipe training in Utah. He was in critical as the deputy chief of staff for Global dents or from a vehicle crash, injuries care for a month and then acute care for two Force Management and Joint Oper- sustained on the hiking trail or the weeks before moving to a rehabilitation cen- ter in Denver. He had to relearn how to walk, ation, U.S. Fleet Forces Command in battlefield, there is still much to be Norfolk. This was followed by assign- learned about traumatic brain injuries talk, even swallow. The family then moved back to Vermont where he continued rehab. ment as Commander, Carrier Strike and how best to help those who sustain Pearce, who now lives in Bend, Oregon, Group 10 onboard the USS Harry S Tru- them recover. That is why the work of continues to do cognitive therapy and is see- man, during which time he was pro- the Love Your Brain Foundation ing eye therapists in Chicago to help with vi- moted to a two-star rear admiral. After makes a real difference. sion problems. He maintains a busy schedule, Kevin Pearce’s life forever changed speaking to various groups about his story promotion to his third star, he was as- the day of his accident. He and his fam- and the importance of ‘‘loving your brain’’ signed as Commander, U.S. Naval ily have taken that tragedy and turned and showing the 2013 documentary about him Forces Central Command/U.S. 5th it into an opportunity to advance pub- called ‘‘Crash Reel.’’ Fleet/Combined Maritime Forces, Bah- Ari Havusha, 20, of Vancouver, returned to rain. He also served as director, joint lic awareness. His story is one we can the retreat for the third time this year. He all be inspired by, and his road to re- said he suffered several severe concussions staff, from 2010–2012. In 2012, he became covery is one we should all from and and an eye injury as a teen soccer player and Commander, U.S. Fleet Forces Com- seek to emulate. another severe concussion later during a col- mand. His final assignment prior to re- Mr. President, I ask unanimous con- lege fall. He lives with a constant headache. tirement was that of Commander, sent that a May 28 article written by Havusha withdrew from McGill University North American Aerospace Defense in Montreal and returned home, where he be- Vermont Associated Press reporter came anxious and depressed. His mother Command and U.S. Northern Com- Lisa Rathke, entitled ‘‘Injured pointed to the Love Your Brain retreat and mand. It is the first and only position snowboarder helps brain injury sur- right away, Havusha said, he knew he had to that places a single military com- vivors,’’ be printed in the RECORD. do it. ‘‘It was a huge turning point for me,’’ mander in charge of the protection of

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To- USNORTHCOM’s future, furthering the Life was a lot tougher back then, so gether, they form the backbone of Wy- bonds that have secured the skies when they decided to make the area oming’s economy and they keep us above the homelands for 60 years. He their home, they had to bring their headed in the right direction. They are built a personal trust critical to the sons back with them to get things the strength of Wyoming and the West, strength of the alliance with our part- started. It took a tremendous effort to and they are one of the reasons why ners in Canada, Mexico, and the Baha- build their home so they would have a people keep flocking to Jackson and mas and was able to expand the tradi- place to stay. Even today, it is hard to the other cities and towns of Wyoming. tional bounds of security cooperation. imagine what an effort it took for I will close by once again congratu- He increased military-to-military them to live what had become their lating all those who are a part of the training and interaction. Within the dream. Triangle X story. They have made a homeland, Admiral Gortney’s keen in- For starters, they had to bring the difference in our State and in the lives tuition led to a deliberate campaign logs from some felled trees to their of all those who come to visit. I would plan to protect the United States home site so they could build the base- also like to invite my colleagues to forces from the threat of homegrown ment of what would become their come and see my home State. You violent extremists. He led the Depart- home. Once that was done, they had a can’t beat our scenic beauty, hospi- ment of Defense planning to support place where they could live while they tality, and our history and legacy as a lead Federal agencies to minimize the built the rest of their house. State. I can promise you that you will threat of both the Ebola and Zika vi- Everything was difficult. Providing have an adventure in Wyoming that ruses. for the essentials they needed took you will remember for a long time to Throughout his career, Admiral planning and some time. Just taking a come. Gortney’s message of empowerment trip to the nearest town took several Thank you. and his relentless desire to seek cre- days. They had to grow or produce f ative solutions to the commands’ chal- their own food, and while they were at lenges has served as an example to all it, they had to come up with ways of ADDITIONAL STATEMENTS during his lifetime exemplary of mili- making something of a living. This paragraph from the history sec- tary service. I join with the members PEASE GREETERS’ 1000TH FLIGHT of the Senate Armed Services Com- tion of their Web site says a lot about ∑ mittee in expressing my respect and what their life was like back then for Ms. AYOTTE. Mr. President, today I gratitude to Admiral Gortney for his them and for many of those who had wish to recognize and congratulate the outstanding service to our Nation. I left the comforts of home and traded Pease Greeters’ nonprofit organization offer heartfelt thanks to Bill; his wife, them for the great freedom and excite- for more than 11 years of continuous Sherry; their children, Stephanie and ment of Wyoming and the West: ‘‘Be- service in greeting our troops and civil- Billy; daughter-in-law, Jackie; and cause there was no electricity, wood ian personnel from the Department of grandchildren, Gavin and Grayson. supplied heat and kerosene lamps Defense, DOD, passing through the Congratulations to all on Bill’s retire- brought light to interiors. Refrigera- Pease International Trade Port in ment from the U.S. Navy after a life- tion was provided by large chunks of Portsmouth, NH. In June of 2016, they time of dedicated service. To Bill, ice that had been cut from nearby bea- will have welcomed more than 1,000 trusted leader and dedicated patriot, ver ponds in the winter and stored in flights passing through the trade port fair winds and following seas. piles of sawdust to keep through the on their way to or from Afghanistan, Iraq, or other areas of conflict in the f summer. A fresh meat supply was pro- vided by the Turners’ cattle herd, world. 90TH ANNIVERSARY OF THE chickens and big game harvested in the The Pease Greeters organization was TRIANGLE X RANCH fall. Surprisingly, most of these meth- created in May of 2005 when an unan- Mr. ENZI. Mr. President, I appreciate ods of supply continued through the nounced plane carrying members of the having this opportunity to share some 1940s.’’ U.S. military landed at the Pease news with the Senate about a very im- The next generation saw more International Airport. The airport di- portant anniversary we are celebrating changes to the ranch. It was now a rector, maintenance manager, and air- in my home State. This is the year the dude ranch. Their Web site describes port employees quickly got together to Triangle X Ranch, one of our State’s how it became an ‘‘authorized conces- meet and greet these troops, offering great attractions, is marking its 90th sion of the National Park Service—the coffee, donuts, and a big thank you for year of operation. last dude ranch concession within the their service. Soon thereafter, the air- As you can imagine, the Triangle X entire National Park system.’’ port director discovered that addi- has quite a story to tell of those 90 Today, a fifth generation of the Tur- tional charter flights would be arriving years. It began in the early 1900s when ner family is working the ranch and at Pease. Upon learning this, he a visitor fell in love with an especially greeting guests, both new and return- reached out to the Seacoast Marine beautiful area of Wyoming. It con- ing friends, the lifestyle their family Corps League for assistance welcoming tinues to this day, its 90th year, cared has loved for all these years. As each the troops and putting together a fit- for over the years by five generations guest comes to the Triangle X, they re- ting ceremony to show respect, appre- of the Turner family. ceive the kind of education you just ciation, and honor for their service. The people of my home State have a can’t get from watching a movie or Once word spread, dozens of citizens great fondness and appreciation for the reading a book. You are immersed in a from New Hampshire, Maine, and Mas- Triangle X because it reminds us of our lifestyle that provides you with a front sachusetts, lent their support to orga- Western heritage and our love of the row seat to what life was like in the nize what quickly became known as land and all it provides. It reminds us days of the old West. the Pease Greeters, whose mission is to of our growth as a State and what it As you can tell, I enjoy talking about promote broad participation in this was like to live in Wyoming back in the people of Wyoming, our businesses, welcoming of heroes, paying special at- those days. and our unique brand of hospitality. I tention to the education of school chil- The Triangle X Ranch Web site tells can’t encourage you strongly enough dren by instilling respect and admira- the story of the ranch. It begins, back to come to Wyoming and get a taste of tion for the troops through formal in the early 1900s, when John and what life was like back in the days ceremonies for each flight. Whether it Maytie Turner liked to take ‘‘fun vaca- when the West was the best part of our is 4 a.m. in the morning or 4 p.m. in the

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.063 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3539 afternoon, the Pease Greeters are there Children and Adults, a nationally rec- In addition to his professional con- to welcome and thank the members of ognized leader in therapeutic recre- tributions to west Alabama, Marlin the military and the civilian men and ation for children and adults with both worked with several philanthropic or- women working in the DOD coming physical and intellectual disabilities. ganizations such as the United Way of through Pease. As of May 2016, the Also known as Camp ASCCA, the or- West Alabama, West Alabama Chamber Pease Greeters have met more than ganization was founded in 1976 with the of Commerce, Red Cross, Exchange 190,000 servicemen and servicewomen at goal of helping eligible individuals Club, the Boy Scout Council, the West the trade port, provided a bank of achieve equality, dignity, and max- Alabama Community Foundation, and phones where they can call loved ones imum independence. Camp ASCCA is the University of Alabama and the anywhere in the world free of charge, the only one of its kind in the State of Crimson Tide Track Program. In 2008, offered them more than 27,000 pizzas, Alabama and hosts between 6,000 and he was inducted into the Pillars of 167,000 sandwiches, 110,000 bottles of 8,000 people each year, all varying in West Alabama for his dedicated efforts water or soda, and 74,000 knitted hats. age. On the shores of Lake Martin, the and service to the area. As the Pease Greeters welcomes its camp offers 230 wooded acres and The city of Tuscaloosa and the State 1,000th flight on June 26, 2016, I com- handicapable facilities. The camp of Alabama was fortunate to have a mend the board of directors, the many strives to increase the level of individ- great businessman and civic leader like volunteers, the supporting businesses, uality and confidence of its guests, and Marlin Moore, and he will be sorely the Pease International Airport direc- that impact lasts long after the camp missed. I offer my deepest condolences tor and staff, and the hundreds of well- session ends. to his wife, Laine, and their children as wishers who have spent more than 11 Camp ASCCA maintains a trained they celebrate his life and mourn his years thanking and honoring our staff dedicated to accommodating the loss.∑ needs of its visitors. The mission state- troops and DOD members for their f service and selfless sacrifice to our Na- ment of ASCCA is to serve those who MESSAGE FROM THE HOUSE tion. As the Pease Greeters’ mission can derive maximum benefit from the continues, I have no doubt they will resident camp experience and provide a At 11:05 a.m., a message from the continue to provide comfort and wel- healthier, happier, longer, and more House of Representatives, delivered by come many future military members productive life for children and adults Mr. Novotny, one of its reading clerks, arriving or departing from the Pease of all abilities. announced that pursuant to section On August 6, 2016, ASCCA will be International Trade Port.∑ 3(a) of the Evidence-Based Policy- celebrating its 40th anniversary. making Commission Act of 2016 (Public f Please join me in recognizing Ala- Law 114–140), the Minority Leader ap- bama’s Special Camp for Children and 40TH ANNIVERSARY OF THE points the following individuals on the Adults for its long-term commitment MEMORIAL TOURNAMENT part of the House of Representatives to to creating an enjoyable atmosphere ∑ Mr. PORTMAN. Mr. President, today the Commission on Evidence-Based for those guests who attend.∑ I wish to recognize the 40th anniver- Policymaking: Dr. Sherry A. Glied of sary of the first playing of the Memo- f New York, Dr. Hilary W. Hoynes of rial Tournament, ‘‘the Memorial’’, at REMEMBERING MARLIN MOORE California, and Dr. Latanya A. Muirfield Village Golf Club in Dublin, ∑ Mr. SHELBY. Mr. President, today I Sweeney of Massachusetts. OH. Jack Nicklaus, a golf legend and wish to honor the life of my friend f Congressional Gold Medal recipient, Marlin Moore of Tuscaloosa, AL, who REPORTS OF COMMITTEES founded the Memorial in 1976. Jack passed away on May 25, 2016. He will be wanted to bring an annual PGA tour long remembered as an accomplished The following reports of committees event to Central Ohio and named the businessman and a civic leader. were submitted: tournament ‘‘the Memorial’’ to recog- A native of Tuscaloosa, Marlin at- By Mr. JOHNSON, from the Committee on nize a person or persons, living or de- tended Tuscaloosa High School and Homeland Security and Governmental Af- ceased, who have contributed to the then went on to become a student at fairs, with an amendment in the nature of a substitute: game of golf with honor. the University of Alabama’s School of The Memorial has been a significant S. 795. A bill to enhance whistleblower pro- Commerce. Following graduation, he tection for contractor and grantee employees benefit to charitable organizations. For joined the firm of Pritchett-Moore, (Rept. No. 114–270). example, Nationwide Children’s Hos- Inc., where he worked under its found- S. 1411. A bill to amend the Act of August pital in Columbus, OH, has received ers, Marlin Moore, Sr., and Harry H. 25, 1958, commonly known as the ‘‘Former over $14 million from the Memorial. In Pritchett. Presidents Act of 1958’’, with respect to the honor of that support, the hospital re- Marlin eventually became president monetary allowance payable to a former named its neonatal intensive care unit, and then chairman of Pritchett-Moore. President, and for other purposes (Rept. No. NICU, as the Memorial NICU in 2006. Not only did he develop 43 subdivisions 114–271). The Memorial has also helped other or- during his time with Pritchett-Moore, f ganizations, such as the James Cancer but he was involved with the Realtors INTRODUCTION OF BILLS AND Hospital and Solove Research Insti- Association both on the State and na- JOINT RESOLUTIONS tute, the First Tee of Central Ohio, tional level. Marlin served two terms The following bills and joint resolu- Shriners, and many more. The Memo- as president of the Tuscaloosa Associa- tions were introduced, read the first rial provides a significant economic de- tion of Realtors, president of the Ala- and second times by unanimous con- velopment impact to the central Ohio bama Association of Realtors, and sent, and referred as indicated: region with an estimated $35 million served as a board member of the Na- annually toward the economy. tional Association of Realtors for 11 By Ms. WARREN (for herself and Mr. years. For his contributions to the real LEE): I am honored to have attended the S. 3025. A bill to amend the Internal Rev- Memorial to see firsthand its impact in estate community, he received the Ala- enue Code of 1986 to permit fellowship and the community. I would like to con- bama Realtor of the Year Award and stipend compensation to be saved in an indi- gratulate all who were involved in was named a member of the Home vidual retirement account; to the Committee making the first 40 years of the Memo- Builders Association of Tuscaloosa on Finance. rial a success.∑ Hall of Fame. By Mr. SCHUMER: S. 3026. A bill to amend the Communica- f In addition to his interest and work in real estate, Marlin was also a found- tions Act of 1934 to expand and clarify the RECOGNIZING ALABAMA’S SPE- er of Security Bank, where he served as prohibition on inaccurate caller identifica- CIAL CAMP FOR CHILDREN AND its chairman. He served as a board tion information and to require providers of ADULTS telephone service to offer technology to sub- member of First National Bank and scribers to reduce the incidence of unwanted ∑ Mr. SESSIONS. Mr. President, today AmSouth Bank, and he served two telephone calls, and for other purposes; to I wish to recognize the 40th anniver- terms on the board of the Federal Re- the Committee on Commerce, Science, and sary of Alabama’s Special Camp for serve Bank of Atlanta. Transportation.

VerDate Sep 11 2014 07:14 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.071 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3540 CONGRESSIONAL RECORD — SENATE June 7, 2016 By Mr. KING: of crude oil transportation by railroad, (Mr. BLUMENTHAL) was added as a co- S. 3027. A bill to clarify the boundary of and for other purposes. sponsor of S. 2598, a bill to require the Acadia National Park, and for other pur- S. 884 Secretary of the Treasury to mint poses; to the Committee on Energy and Nat- At the request of Mr. BLUNT, the coins in recognition of the 60th anni- ural Resources. versary of the Naismith Memorial Bas- By Ms. CANTWELL (for herself and name of the Senator from Arkansas Mrs. MURRAY): (Mr. BOOZMAN) was added as a cospon- ketball Hall of Fame. S. 3028. A bill to redesignate the Olympic sor of S. 884, a bill to improve access to S. 2614 Wilderness as the Daniel J. Evans Wilder- emergency medical services, and for At the request of Mr. SCHUMER, the ness; to the Committee on Energy and Nat- other purposes. names of the Senator from North Caro- ural Resources. URR S. 1049 lina (Mr. B ) and the Senator from By Ms. MURKOWSKI: Florida (Mr. NELSON) were added as co- At the request of Ms. HEITKAMP, the S. 3029. A bill to extend the authorization sponsors of S. 2614, a bill to amend the name of the Senator from Louisiana of appropriations to the Department of Vet- Violent Crime Control and Law En- erans Affairs for purposes of awarding grants (Mr. VITTER) was added as a cosponsor forcement Act of 1994, to reauthorize to veterans service organizations for the of S. 1049, a bill to allow the financing the Missing Alzheimer’s Disease Pa- transportation of highly rural veterans; to by United States persons of sales of ag- tient Alert Program, and to promote the Committee on Veterans’ Affairs. ricultural commodities to Cuba. By Mr. ALEXANDER (for himself, Mr. initiatives that will reduce the risk of S. 1516 JOHNSON, Mr. MCCONNELL, Mr. BAR- injury and death relating to the wan- RASSO, Mr. BOOZMAN, Mr. CASSIDY, At the request of Ms. COLLINS, the dering characteristics of some children Mr. COATS, Mr. COCHRAN, Ms. COL- name of the Senator from Maine (Mr. with autism. LINS, Mr. CORKER, Mr. CORNYN, Mr. KING) was added as a cosponsor of S. S. 2659 COTTON, Mr. CRAPO, Mr. CRUZ, Mr. 1516, a bill to amend the Internal Rev- At the request of Mr. BURR, the name DAINES, Mr. ENZI, Mrs. ERNST, Mrs. enue Code of 1986 to modify the energy of the Senator from Colorado (Mr. FISCHER, Mr. FLAKE, Mr. GARDNER, credit to provide greater incentives for Mr. GRAHAM, Mr. HATCH, Mr. HELLER, GARDNER) was added as a cosponsor of industrial energy efficiency. Mr. HOEVEN, Mr. INHOFE, Mr. ISAK- S. 2659, a bill to reaffirm that the Envi- SON, Mr. LANKFORD, Mr. LEE, Mr. S. 1659 ronmental Protection Agency cannot MCCAIN, Mr. MORAN, Ms. MURKOWSKI, At the request of Mr. LEAHY, the regulate vehicles used solely for com- Mr. PAUL, Mr. PERDUE, Mr. RISCH, name of the Senator from Florida (Mr. petition, and for other purposes. OBERTS OUNDS UBIO Mr. R , Mr. R , Mr. R , NELSON) was added as a cosponsor of S. S. 2682 Mr. SCOTT, Mr. SESSIONS, Mr. 1659, a bill to amend the Voting Rights At the request of Mrs. GILLIBRAND, SHELBY, Mr. THUNE, Mr. TILLIS, Mr. Act of 1965 to revise the criteria for de- VITTER, Mr. WICKER, and Mr. SUL- the name of the Senator from Massa- LIVAN): termining which States and political chusetts (Mr. MARKEY) was added as a S.J. Res. 34. A joint resolution providing subdivisions are subject to section 4 of cosponsor of S. 2682, a bill to provide for congressional disapproval under chapter 8 the Act, and for other purposes. territories of the United States with of title 5, United States Code, of the rule S. 1715 bankruptcy protection. submitted by the Department of Labor relat- At the request of Mr. HOEVEN, the S. 2763 ing to defining and delimiting the exemp- names of the Senator from North Da- At the request of Mr. CORNYN, the tions for executive, administrative, profes- name of the Senator from Utah (Mr. sional, outside sales, and computer employ- kota (Ms. HEITKAMP) and the Senator ees; to the Committee on Health, Education, from Kansas (Mr. ROBERTS) were added HATCH) was added as a cosponsor of S. Labor, and Pensions. as cosponsors of S. 1715, a bill to re- 2763, a bill to provide the victims of Holocaust-era persecution and their f quire the Secretary of the Treasury to mint coins in commemoration of the heirs a fair opportunity to recover ADDITIONAL COSPONSORS 400th anniversary of the arrival of the works of art confiscated or misappro- S. 299 Pilgrims. priated by the Nazis. At the request of Mr. FLAKE, the S. 1982 S. 2852 name of the Senator from Louisiana At the request of Mr. CARDIN, the At the request of Mr. SCHATZ, the (Mr. CASSIDY) was added as a cosponsor name of the Senator from Utah (Mr. name of the Senator from Michigan of S. 299, a bill to allow travel between HATCH) was added as a cosponsor of S. (Mr. PETERS) was added as a cosponsor the United States and Cuba. 1982, a bill to authorize a Wall of Re- of S. 2852, a bill to expand the Govern- ment’s use and administration of data S. 609 membrance as part of the Korean War to facilitate transparency, effective At the request of Mr. SCHUMER, the Veterans Memorial and to allow cer- governance, and innovation, and for name of the Senator from Connecticut tain private contributions to fund the other purposes. (Mr. BLUMENTHAL) was added as a co- Wall of Remembrance. S. 2854 sponsor of S. 609, a bill to amend the S. 2531 At the request of Mr. BURR, the Internal Revenue Code of 1986 to extend At the request of Mr. KIRK, the name names of the Senator from Utah (Mr. and increase the exclusion for benefits of the Senator from Michigan (Mr. HATCH), the Senator from New Jersey provided to volunteer firefighters and PETERS) was added as a cosponsor of S. (Mr. BOOKER) and the Senator from emergency medical responders. 2531, a bill to authorize State and local Minnesota (Mr. FRANKEN) were added S. 857 governments to divest from entities as cosponsors of S. 2854, a bill to reau- At the request of Ms. STABENOW, the that engage in commerce-related or in- thorize the Emmett Till Unsolved Civil name of the Senator from Pennsyl- vestment-related boycott, divestment, Rights Crime Act of 2007. or sanctions activities targeting Israel, vania (Mr. CASEY) was added as a co- S. 2895 and for other purposes. sponsor of S. 857, a bill to amend title At the request of Mrs. FEINSTEIN, the XVIII of the Social Security Act to S. 2569 name of the Senator from Minnesota provide for coverage under the Medi- At the request of Mr. PETERS, the (Mr. FRANKEN) was added as a cospon- care program of an initial comprehen- name of the Senator from Minnesota sor of S. 2895, a bill to extend the civil sive care plan for Medicare bene- (Ms. KLOBUCHAR) was added as a co- statute of limitations for victims of ficiaries newly diagnosed with Alz- sponsor of S. 2569, a bill to authorize Federal sex offenses. heimer’s disease and related demen- the Director of the United States Geo- S. 2912 tias, and for other purposes. logical Survey to conduct monitoring, At the request of Mr. JOHNSON, the S. 859 assessment, science, and research, in name of the Senator from Arkansas At the request of Ms. CANTWELL, the support of the binational fisheries (Mr. BOOZMAN) was added as a cospon- name of the Senator from Vermont within the Great Lakes Basin, and for sor of S. 2912, a bill to authorize the (Mr. LEAHY) was added as a cosponsor other purposes. use of unapproved medical products by of S. 859, a bill to protect the public, S. 2598 patients diagnosed with a terminal ill- communities across America, and the At the request of Ms. WARREN, the ness in accordance with State law, and environment by increasing the safety name of the Senator from Connecticut for other purposes.

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.015 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3541 S. 2932 AMENDMENT NO. 4088 construction, and for defense activities At the request of Mr. CASSIDY, the At the request of Mrs. BOXER, the of the Department of Energy, to pre- name of the Senator from Oregon (Mr. name of the Senator from South Caro- scribe military personnel strengths for MERKLEY) was added as a cosponsor of lina (Mr. GRAHAM) was added as a co- such fiscal year, and for other pur- S. 2932, a bill to amend the Controlled sponsor of amendment No. 4088 in- poses. Substances Act with respect to the pro- tended to be proposed to S. 2943, an AMENDMENT NO. 4138 vision of emergency medical services. original bill to authorize appropria- At the request of Mr. PETERS, the S. 2934 tions for fiscal year 2017 for military name of the Senator from Connecticut At the request of Mr. SCHUMER, the activities of the Department of De- (Mr. BLUMENTHAL) was added as a co- name of the Senator from New Jersey fense, for military construction, and sponsor of amendment No. 4138 pro- (Mr. BOOKER) was added as a cosponsor for defense activities of the Depart- posed to S. 2943, an original bill to au- of S. 2934, a bill to ensure that all indi- ment of Energy, to prescribe military thorize appropriations for fiscal year viduals who should be prohibited from personnel strengths for such fiscal 2017 for military activities of the De- buying a firearm are listed in the na- year, and for other purposes. partment of Defense, for military con- tional instant criminal background AMENDMENT NO. 4097 struction, and for defense activities of check system and require a background At the request of Mr. MCCAIN, the the Department of Energy, to prescribe check for every firearm sale. name of the Senator from Arkansas military personnel strengths for such (Mr. BOOZMAN) was added as a cospon- fiscal year, and for other purposes. S. 2979 sor of amendment No. 4097 intended to AMENDMENT NO. 4149 At the request of Mr. WYDEN, the be proposed to S. 2943, an original bill At the request of Mr. MCCAIN, the name of the Senator from Virginia (Mr. to authorize appropriations for fiscal name of the Senator from Iowa (Mrs. KAINE) was added as a cosponsor of S. year 2017 for military activities of the ERNST) was added as a cosponsor of 2979, a bill to amend the Federal Elec- Department of Defense, for military amendment No. 4149 intended to be pro- tion Campaign Act of 1971 to require construction, and for defense activities posed to S. 2943, an original bill to au- candidates of major parties for the of- of the Department of Energy, to pre- thorize appropriations for fiscal year fice of President to disclose recent tax scribe military personnel strengths for 2017 for military activities of the De- return information. such fiscal year, and for other pur- partment of Defense, for military con- S. 3023 poses. struction, and for defense activities of At the request of Mrs. MCCASKILL, AMENDMENT NO. 4098 the Department of Energy, to prescribe the name of the Senator from Missouri At the request of Mr. MORAN, the military personnel strengths for such (Mr. BLUNT) was added as a cosponsor name of the Senator from Wyoming fiscal year, and for other purposes. of S. 3023, a bill to provide for the re- (Mr. BARRASSO) was added as a cospon- AMENDMENT NO. 4155 consideration of claims for disability sor of amendment No. 4098 intended to At the request of Mr. BOOZMAN, the compensation for veterans who were be proposed to S. 2943, an original bill names of the Senator from Indiana the subjects of experiments by the De- to authorize appropriations for fiscal (Mr. DONNELLY) and the Senator from partment of Defense during World War year 2017 for military activities of the Michigan (Mr. PETERS) were added as II that were conducted to assess the ef- Department of Defense, for military cosponsors of amendment No. 4155 in- fects of mustard gas or lewisite on peo- construction, and for defense activities tended to be proposed to S. 2943, an ple, and for other purposes. of the Department of Energy, to pre- original bill to authorize appropria- S. RES. 465 scribe military personnel strengths for tions for fiscal year 2017 for military At the request of Mr. HEINRICH, the such fiscal year, and for other pur- activities of the Department of De- name of the Senator from Michigan poses. fense, for military construction, and for defense activities of the Depart- (Mr. PETERS) was added as a cosponsor AMENDMENT NO. 4116 ment of Energy, to prescribe military of S. Res. 465, a resolution supporting At the request of Mr. BOOKER, the the United States solar energy indus- personnel strengths for such fiscal name of the Senator from New York year, and for other purposes. try in its effort to bring low-cost, (Mrs. GILLIBRAND) was added as a co- AMENDMENT NO. 4172 clean, 21st-century solar technology sponsor of amendment No. 4116 in- into homes and businesses across the At the request of Mr. KIRK, the tended to be proposed to S. 2943, an names of the Senator from Oregon (Mr. United States. original bill to authorize appropria- WYDEN) and the Senator from New AMENDMENT NO. 4068 tions for fiscal year 2017 for military York (Mr. SCHUMER) were added as co- At the request of Mr. MORAN, the activities of the Department of De- sponsors of amendment No. 4172 in- name of the Senator from Pennsyl- fense, for military construction, and tended to be proposed to S. 2943, an vania (Mr. TOOMEY) was added as a co- for defense activities of the Depart- original bill to authorize appropria- sponsor of amendment No. 4068 in- ment of Energy, to prescribe military tions for fiscal year 2017 for military tended to be proposed to S. 2943, an personnel strengths for such fiscal activities of the Department of De- original bill to authorize appropria- year, and for other purposes. fense, for military construction, and tions for fiscal year 2017 for military AMENDMENT NO. 4123 for defense activities of the Depart- activities of the Department of De- At the request of Mr. CASEY, his ment of Energy, to prescribe military fense, for military construction, and name was added as a cosponsor of personnel strengths for such fiscal for defense activities of the Depart- amendment No. 4123 intended to be pro- year, and for other purposes. ment of Energy, to prescribe military posed to S. 2943, an original bill to au- AMENDMENT NO. 4179 personnel strengths for such fiscal thorize appropriations for fiscal year At the request of Ms. CANTWELL, the year, and for other purposes. 2017 for military activities of the De- name of the Senator from New Mexico AMENDMENT NO. 4080 partment of Defense, for military con- (Mr. HEINRICH) was added as a cospon- At the request of Ms. HEITKAMP, the struction, and for defense activities of sor of amendment No. 4179 intended to name of the Senator from Pennsyl- the Department of Energy, to prescribe be proposed to S. 2943, an original bill vania (Mr. CASEY) was added as a co- military personnel strengths for such to authorize appropriations for fiscal sponsor of amendment No. 4080 in- fiscal year, and for other purposes. year 2017 for military activities of the tended to be proposed to S. 2943, an AMENDMENT NO. 4136 Department of Defense, for military original bill to authorize appropria- At the request of Mr. HOEVEN, the construction, and for defense activities tions for fiscal year 2017 for military name of the Senator from Wyoming of the Department of Energy, to pre- activities of the Department of De- (Mr. BARRASSO) was added as a cospon- scribe military personnel strengths for fense, for military construction, and sor of amendment No. 4136 intended to such fiscal year, and for other pur- for defense activities of the Depart- be proposed to S. 2943, an original bill poses. ment of Energy, to prescribe military to authorize appropriations for fiscal AMENDMENT NO. 4202 personnel strengths for such fiscal year 2017 for military activities of the At the request of Mr. DAINES, the year, and for other purposes. Department of Defense, for military name of the Senator from Arkansas

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.025 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3542 CONGRESSIONAL RECORD — SENATE June 7, 2016 (Mr. BOOZMAN) was added as a cospon- were added as cosponsors of amend- AMENDMENT NO. 4245 sor of amendment No. 4202 intended to ment No. 4222 intended to be proposed At the request of Mr. BROWN, the be proposed to S. 2943, an original bill to S. 2943, an original bill to authorize name of the Senator from Vermont to authorize appropriations for fiscal appropriations for fiscal year 2017 for (Mr. SANDERS) was added as a cospon- year 2017 for military activities of the military activities of the Department sor of amendment No. 4245 intended to Department of Defense, for military of Defense, for military construction, be proposed to S. 2943, an original bill construction, and for defense activities and for defense activities of the De- to authorize appropriations for fiscal of the Department of Energy, to pre- partment of Energy, to prescribe mili- year 2017 for military activities of the scribe military personnel strengths for tary personnel strengths for such fiscal Department of Defense, for military such fiscal year, and for other pur- year, and for other purposes. construction, and for defense activities poses. AMENDMENT NO. 4223 of the Department of Energy, to pre- AMENDMENT NO. 4204 At the request of Mr. BARRASSO, the scribe military personnel strengths for At the request of Mr. INHOFE, the name of the Senator from Wyoming such fiscal year, and for other pur- names of the Senator from Alabama (Mr. ENZI) was added as a cosponsor of poses. (Mr. SHELBY), the Senator from Kansas amendment No. 4223 intended to be pro- AMENDMENT NO. 4249 (Mr. MORAN), the Senator from Massa- posed to S. 2943, an original bill to au- At the request of Ms. HEITKAMP, the chusetts (Ms. WARREN), the Senator thorize appropriations for fiscal year name of the Senator from Illinois (Mr. from Michigan (Mr. PETERS) and the 2017 for military activities of the De- DURBIN) was added as a cosponsor of Senator from New Jersey (Mr. MENEN- partment of Defense, for military con- amendment No. 4249 intended to be pro- DEZ) were added as cosponsors of struction, and for defense activities of posed to S. 2943, an original bill to au- amendment No. 4204 proposed to S. the Department of Energy, to prescribe thorize appropriations for fiscal year 2943, an original bill to authorize ap- military personnel strengths for such 2017 for military activities of the De- propriations for fiscal year 2017 for fiscal year, and for other purposes. partment of Defense, for military con- military activities of the Department AMENDMENT NO. 4225 struction, and for defense activities of of Defense, for military construction, At the request of Mr. MENENDEZ, the the Department of Energy, to prescribe and for defense activities of the De- name of the Senator from Minnesota military personnel strengths for such partment of Energy, to prescribe mili- (Mr. FRANKEN) was added as a cospon- fiscal year, and for other purposes. tary personnel strengths for such fiscal sor of amendment No. 4225 intended to AMENDMENT NO. 4250 year, and for other purposes. be proposed to S. 2943, an original bill At the request of Mrs. SHAHEEN, the to authorize appropriations for fiscal AMENDMENT NO. 4215 names of the Senator from Pennsyl- year 2017 for military activities of the At the request of Mr. REID, the vania (Mr. CASEY), the Senator from Department of Defense, for military names of the Senator from Washington Michigan (Mr. PETERS), the Senator construction, and for defense activities (Mrs. MURRAY) and the Senator from from Minnesota (Mr. FRANKEN) and the of the Department of Energy, to pre- Pennsylvania (Mr. CASEY) were added Senator from Minnesota (Ms. KLO- scribe military personnel strengths for as cosponsors of amendment No. 4215 BUCHAR) were added as cosponsors of such fiscal year, and for other pur- intended to be proposed to S. 2943, an amendment No. 4250 intended to be pro- poses. original bill to authorize appropria- posed to S. 2943, an original bill to au- tions for fiscal year 2017 for military AMENDMENT NO. 4229 thorize appropriations for fiscal year At the request of Mr. MCCAIN, the activities of the Department of De- 2017 for military activities of the De- name of the Senator from South Da- fense, for military construction, and partment of Defense, for military con- kota (Mr. ROUNDS) was added as a co- for defense activities of the Depart- struction, and for defense activities of sponsor of amendment No. 4229 pro- ment of Energy, to prescribe military the Department of Energy, to prescribe posed to S. 2943, an original bill to au- personnel strengths for such fiscal military personnel strengths for such thorize appropriations for fiscal year year, and for other purposes. fiscal year, and for other purposes. 2017 for military activities of the De- AMENDMENT NO. 4217 partment of Defense, for military con- AMENDMENT NO. 4251 At the request of Ms. AYOTTE, the struction, and for defense activities of At the request of Mr. DAINES, the name of the Senator from Maine (Ms. the Department of Energy, to prescribe name of the Senator from Arkansas COLLINS) was added as a cosponsor of military personnel strengths for such (Mr. BOOZMAN) was added as a cospon- amendment No. 4217 intended to be pro- fiscal year, and for other purposes. sor of amendment No. 4251 intended to be proposed to S. 2943, an original bill posed to S. 2943, an original bill to au- AMENDMENT NO. 4235 to authorize appropriations for fiscal thorize appropriations for fiscal year At the request of Mr. HELLER, the 2017 for military activities of the De- names of the Senator from Delaware year 2017 for military activities of the Department of Defense, for military partment of Defense, for military con- (Mr. COONS) and the Senator from construction, and for defense activities struction, and for defense activities of Michigan (Mr. PETERS) were added as the Department of Energy, to prescribe cosponsors of amendment No. 4235 in- of the Department of Energy, to pre- military personnel strengths for such tended to be proposed to S. 2943, an scribe military personnel strengths for fiscal year, and for other purposes. original bill to authorize appropria- such fiscal year, and for other pur- AMENDMENT NO. 4220 tions for fiscal year 2017 for military poses. At the request of Mr. BARRASSO, the activities of the Department of De- AMENDMENT NO. 4255 name of the Senator from Wyoming fense, for military construction, and At the request of Mr. CASEY, his (Mr. ENZI) was added as a cosponsor of for defense activities of the Depart- name was added as a cosponsor of amendment No. 4220 intended to be pro- ment of Energy, to prescribe military amendment No. 4255 intended to be pro- posed to S. 2943, an original bill to au- personnel strengths for such fiscal posed to S. 2943, an original bill to au- thorize appropriations for fiscal year year, and for other purposes. thorize appropriations for fiscal year 2017 for military activities of the De- AMENDMENT NO. 4241 2017 for military activities of the De- partment of Defense, for military con- At the request of Mr. MARKEY, the partment of Defense, for military con- struction, and for defense activities of name of the Senator from Oregon (Mr. struction, and for defense activities of the Department of Energy, to prescribe MERKLEY) was added as a cosponsor of the Department of Energy, to prescribe military personnel strengths for such amendment No. 4241 intended to be pro- military personnel strengths for such fiscal year, and for other purposes. posed to S. 2943, an original bill to au- fiscal year, and for other purposes. AMENDMENT NO. 4222 thorize appropriations for fiscal year AMENDMENT NO. 4267 At the request of Ms. MURKOWSKI, the 2017 for military activities of the De- At the request of Mr. COCHRAN, the names of the Senator from Arkansas partment of Defense, for military con- names of the Senator from Utah (Mr. (Mr. BOOZMAN), the Senator from New struction, and for defense activities of HATCH), the Senator from Kansas (Mr. Hampshire (Ms. AYOTTE), the Senator the Department of Energy, to prescribe MORAN), the Senator from New Hamp- from Alaska (Mr. SULLIVAN) and the military personnel strengths for such shire (Mrs. SHAHEEN), the Senator from Senator from New York (Mr. SCHUMER) fiscal year, and for other purposes. Florida (Mr. RUBIO), the Senator from

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.026 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3543 Utah (Mr. LEE), the Senator from DURBIN) was added as a cosponsor of (Mr. DAINES) was added as a cosponsor Maryland (Ms. MIKULSKI), the Senator amendment No. 4317 proposed to S. of amendment No. 4423 intended to be from Florida (Mr. NELSON), the Senator 2943, an original bill to authorize ap- proposed to S. 2943, an original bill to from North Dakota (Mr. HOEVEN), the propriations for fiscal year 2017 for authorize appropriations for fiscal year Senator from South Dakota (Mr. military activities of the Department 2017 for military activities of the De- ROUNDS) and the Senator from Virginia of Defense, for military construction, partment of Defense, for military con- (Mr. WARNER) were added as cosponsors and for defense activities of the De- struction, and for defense activities of of amendment No. 4267 intended to be partment of Energy, to prescribe mili- the Department of Energy, to prescribe proposed to S. 2943, an original bill to tary personnel strengths for such fiscal military personnel strengths for such authorize appropriations for fiscal year year, and for other purposes. fiscal year, and for other purposes. 2017 for military activities of the De- AMENDMENT NO. 4320 AMENDMENT NO. 4426 partment of Defense, for military con- At the request of Mr. SCHATZ, the At the request of Mrs. BOXER, the struction, and for defense activities of name of the Senator from Massachu- name of the Senator from New York the Department of Energy, to prescribe setts (Mr. MARKEY) was added as a co- (Mrs. GILLIBRAND) was added as a co- military personnel strengths for such sponsor of amendment No. 4320 in- sponsor of amendment No. 4426 in- fiscal year, and for other purposes. tended to be proposed to S. 2943, an tended to be proposed to S. 2943, an AMENDMENT NO. 4276 original bill to authorize appropria- original bill to authorize appropria- At the request of Mr. LEE, the name tions for fiscal year 2017 for military tions for fiscal year 2017 for military of the Senator from Utah (Mr. HATCH) activities of the Department of De- activities of the Department of De- was added as a cosponsor of amend- fense, for military construction, and fense, for military construction, and ment No. 4276 intended to be proposed for defense activities of the Depart- for defense activities of the Depart- to S. 2943, an original bill to authorize ment of Energy, to prescribe military ment of Energy, to prescribe military appropriations for fiscal year 2017 for personnel strengths for such fiscal personnel strengths for such fiscal military activities of the Department year, and for other purposes. year, and for other purposes. of Defense, for military construction, AMENDMENT NO. 4369 AMENDMENT NO. 4433 and for defense activities of the De- At the request of Mr. DURBIN, the At the request of Mr. WYDEN, the partment of Energy, to prescribe mili- names of the Senator from New Hamp- names of the Senator from Virginia tary personnel strengths for such fiscal shire (Mrs. SHAHEEN), the Senator from (Mr. KAINE), the Senator from Cali- year, and for other purposes. Michigan (Ms. STABENOW), the Senator fornia (Mrs. BOXER) and the Senator AMENDMENT NO. 4280 from Michigan (Mr. PETERS), the Sen- from Massachusetts (Ms. WARREN) were At the request of Mr. SCHATZ, the ator from Minnesota (Mr. FRANKEN), added as cosponsors of amendment No. name of the Senator from Alaska (Ms. the Senator from Oregon (Mr. 4433 intended to be proposed to S. 2943, MURKOWSKI) was added as a cosponsor MERKLEY), the Senator from Florida an original bill to authorize appropria- of amendment No. 4280 intended to be (Mr. NELSON), the Senator from Oregon tions for fiscal year 2017 for military proposed to S. 2943, an original bill to (Mr. WYDEN), the Senator from New activities of the Department of De- authorize appropriations for fiscal year Jersey (Mr. BOOKER), the Senator from fense, for military construction, and 2017 for military activities of the De- New Mexico (Mr. HEINRICH) and the for defense activities of the Depart- partment of Defense, for military con- Senator from Virginia (Mr. WARNER) ment of Energy, to prescribe military struction, and for defense activities of were added as cosponsors of amend- personnel strengths for such fiscal the Department of Energy, to prescribe ment No. 4369 proposed to S. 2943, an year, and for other purposes. military personnel strengths for such original bill to authorize appropria- AMENDMENT NO. 4435 fiscal year, and for other purposes. tions for fiscal year 2017 for military At the request of Mr. GRASSLEY, the AMENDMENT NO. 4292 activities of the Department of De- name of the Senator from Alabama At the request of Mr. CASEY, the fense, for military construction, and (Mr. SESSIONS) was added as a cospon- names of the Senator from Washington for defense activities of the Depart- sor of amendment No. 4435 intended to (Mrs. MURRAY), the Senator from Vir- ment of Energy, to prescribe military be proposed to S. 2943, an original bill ginia (Mr. KAINE) and the Senator from personnel strengths for such fiscal to authorize appropriations for fiscal Vermont (Mr. SANDERS) were added as year, and for other purposes. year 2017 for military activities of the cosponsors of amendment No. 4292 in- AMENDMENT NO. 4401 Department of Defense, for military tended to be proposed to S. 2943, an At the request of Mr. BOOKER, the construction, and for defense activities original bill to authorize appropria- name of the Senator from Oregon (Mr. of the Department of Energy, to pre- tions for fiscal year 2017 for military MERKLEY) was added as a cosponsor of scribe military personnel strengths for activities of the Department of De- amendment No. 4401 intended to be pro- such fiscal year, and for other pur- fense, for military construction, and posed to S. 2943, an original bill to au- poses. for defense activities of the Depart- thorize appropriations for fiscal year AMENDMENT NO. 4436 ment of Energy, to prescribe military 2017 for military activities of the De- At the request of Mr. RUBIO, the personnel strengths for such fiscal partment of Defense, for military con- name of the Senator from Oklahoma year, and for other purposes. struction, and for defense activities of (Mr. INHOFE) was added as a cosponsor At the request of Mr. BLUMENTHAL, the Department of Energy, to prescribe of amendment No. 4436 intended to be his name was added as a cosponsor of military personnel strengths for such proposed to S. 2943, an original bill to amendment No. 4292 intended to be pro- fiscal year, and for other purposes. authorize appropriations for fiscal year posed to S. 2943, supra. AMENDMENT NO. 4418 2017 for military activities of the De- AMENDMENT NO. 4306 At the request of Mr. PERDUE, the partment of Defense, for military con- At the request of Mr. BARRASSO, his name of the Senator from Georgia (Mr. struction, and for defense activities of name was added as a cosponsor of ISAKSON) was added as a cosponsor of the Department of Energy, to prescribe amendment No. 4306 intended to be pro- amendment No. 4418 intended to be pro- military personnel strengths for such posed to S. 2943, an original bill to au- posed to S. 2943, an original bill to au- fiscal year, and for other purposes. thorize appropriations for fiscal year thorize appropriations for fiscal year AMENDMENT NO. 4438 2017 for military activities of the De- 2017 for military activities of the De- At the request of Mr. SCHATZ, the partment of Defense, for military con- partment of Defense, for military con- names of the Senator from Oregon (Mr. struction, and for defense activities of struction, and for defense activities of WYDEN), the Senator from Oregon (Mr. the Department of Energy, to prescribe the Department of Energy, to prescribe MERKLEY) and the Senator from Penn- military personnel strengths for such military personnel strengths for such sylvania (Mr. CASEY) were added as co- fiscal year, and for other purposes. fiscal year, and for other purposes. sponsors of amendment No. 4438 in- AMENDMENT NO. 4317 AMENDMENT NO. 4423 tended to be proposed to S. 2943, an At the request of Ms. HIRONO, the At the request of Mr. PORTMAN, the original bill to authorize appropria- name of the Senator from Illinois (Mr. name of the Senator from Montana tions for fiscal year 2017 for military

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.027 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3544 CONGRESSIONAL RECORD — SENATE June 7, 2016 activities of the Department of De- Mr. MCCAIN, Mr. MORAN, Ms. Listen to this letter I received from a fense, for military construction, and MURKOWSKI, Mr. PAUL, Mr. University of Tennessee employee: for defense activities of the Depart- PERDUE, Mr. RISCH, Mr. ROB- Currently, I am an exempt employee but I ment of Energy, to prescribe military ERTS, Mr. ROUNDS, Mr. RUBIO, stand to fall under the non-exempt status personnel strengths for such fiscal Mr. SCOTT, Mr. SESSIONS, Mr. under the new standards. While this may not year, and for other purposes. SHELBY, Mr. THUNE, Mr. TILLIS, seem like a major issue to many, I stand to lose a substantial amount of benefits if my f Mr. VITTER, Mr. WICKER, and status changes. The nature of my position Mr. SULLIVAN): does not ever cause me to work overtime, as STATEMENTS ON INTRODUCED S.J. Res. 34. A joint resolution pro- BILLS AND JOINT RESOLUTIONS I work in an office from 8:30–4:30 daily and I viding for congressional disapproval am salaried. If I am reclassified, it appears I By Ms. CANTWELL (for herself under chapter 8 of title 5, United will lose 96 hours of annual leave per year, as and Mrs. MURRAY): States Code, of the rule submitted by well as be subject to an almost 100 hour S. 3028. A bill to redesignate the the Department of Labor relating to lower cap on accrued annual leave. Olympic Wilderness as the Daniel J. defining and delimiting the exemptions Another private college in Tennessee Evans Wilderness; to the Committee on for executive, administrative, profes- tells me it will cost them the equiva- Energy and Natural Resources. sional, outside sales, and computer em- lent of $850 a student if they don’t lay Ms. CANTWELL. Mr. President, I am ployees; to the Committee on Health, off any employees. pleased to join with Senator MURRAY Education, Labor, and Pensions. As employers, they also face the cas- in introducing legislation to rename Mr. ALEXANDER. Mr. President, I cade of regulations that is coming from the Olympic Wilderness in Olympic Na- am here today to introduce a Congres- the Labor Department. tional Park as the Daniel J. Evans Wil- sional Review Act resolution of dis- This rule should be called the ‘‘time derness, in honor of former Washington approval on the administration’s so- card’’ rule because they are going to Senator and Governor Dan Evans. called overtime rule. I am joined by pull millions of Americans who have Dan Evans has had a long and distin- Senator JOHNSON of Wisconsin on this climbed their way to salaried positions guished career in public service. He was effort and also 43 other Senators who backwards—back to filling out a time- first elected Governor of Washington in are cosponsors. card and punching a clock, back to 1964 and was reelected in 1968 and 1972. While President Obama is running having fewer benefits, backwards in In 1983, he was appointed to fill the around talking about keeping college their careers, back to being left out of term of the late Senator Henry M. costs down, his administration has put the room, back to being left off emails Jackson and served an additional term out this so-called overtime rule that and even out of the discussion. in the Senate before retiring in Janu- could raise tuition by hundreds of dol- Want to show your stuff at work? ary, 1989. From 1993 through 2005, Sen- lars for millions of American college Want to get up early, leave late, climb the ladder, earn the American dream ator Evans served as a member of the students or cause layoffs at our col- the way that so many Americans have University of Washington Board of Re- leges and universities. In Tennessee, before you? Tough luck. Employers are gents. for example, colleges report to me that going to say: Don’t come early. Don’t During his time in the Senate, Sen- they may have to raise tuition by any- stay late. Don’t take time off to go to ator Evans was a leader in the passage where from $200 a student to $850 a stu- your kids’ football game. Work your 8 of two major wilderness bills in our dent in one case because of this rule. hours and go home. I don’t have enough state. He was a cosponsor of the 1984 The administration’s new rule is a money to pay you overtime. radical change to our Nation’s over- Washington Wilderness Act, which des- This rule says the Obama administra- ignated more than one million acres of time rules. What they have done is tion knows best. They know how to national forest lands in Washington as doubled the salary threshold for over- manage your career, your work sched- wilderness. And he was the lead spon- time. Here is what that means. Hourly ule, your free time, and your income. sor of the Washington Park Wilderness workers are usually paid for overtime They know better than you do. Act of 1988, which designated more work, but salaried workers generally Today, somebody who makes a salary than 1.5 million acres of Wilderness in don’t earn overtime unless they are of less than $23,660 must be paid over- Olympic, Mount Rainier and North making below a threshold set by the time. Almost everyone agrees that Cascade National Parks. Labor Department, as required by the threshold is low and should begin to go Thanks to Senator Evans’ dedication Fair Labor Standards Act. Today that up. Almost everyone said to the admin- to protecting many of our state’s most threshold is $23,660. This administra- istration: It is time to raise the num- spectacular wildlands, Washingtonians tion is raising it all at one time to ber, but don’t go too high, too fast or and all Americans are able to enjoy $47,476. The administration calls this you will create all kinds of destruction. outdoor recreation opportunities in the overtime rule. I think we should They didn’t listen, so now we are some of our Nation’s most iconic areas, call this the ‘‘time card’’ rule or the going to have these huge costs. including protection of more than ‘‘higher tuition’’ rule. This means that Let’s talk about employers. Let’s re- 876,000 acres of wilderness in Olympic a midlevel manager in Knoxville or member that we are talking about non- National Park. Nashville who is making $40,000 a year profits like Operation Smile, which is a This dedication will not affect the is going to have to go back to punching charity that funds cleft palate oper- management of either the national a time card. ations for children. They say this rule park or the wilderness, but it will ap- The rule affects 4.23 million workers will mean 3,000 fewer surgeries a year. propriately recognize the important nationwide and nearly 100,000 in Ten- Then there is the Great Smoky Moun- role of Dan Evans in securing the per- nessee. It is going to create huge costs tain Council of the Boy Scouts, my manent protection of this magnificent for employers, including small busi- home council, which estimates $100,000 landscape. nesses, nonprofits, such as the Boy in added annual costs because during Scouts, and colleges and universities. certain seasons, employees staff week- By Mr. ALEXANDER (for him- They have to decide whether to cut end campouts and recruitment events, self, Mr. JOHNSON, Mr. MCCON- services, cut benefits, lay off or demote which mean longer hours. NELL, Mr. BARRASSO, Mr. BOOZ- employees, or create more part-time Many Americans are discouraged by MAN, Mr. CASSIDY, Mr. COATS, jobs or do a little of all of that. this economic recovery. Millions are Mr. COCHRAN, Ms. COLLINS, Mr. The University of Tennessee says still waiting for the recovery. But you CORKER, Mr. CORNYN, Mr. COT- that if they increase everyone’s sala- don’t grow the economy by regulations TON, Mr. CRAPO, Mr. CRUZ, Mr. ries to meet the new threshold, they such as this. DAINES, Mr. ENZI, Mrs. ERNST, will have to increase tuition by over The National Retail Federation says Mrs. FISCHER, Mr. FLAKE, Mr. $200 per student on average, with some the rule will ‘‘curtail career advance- GARDNER, Mr. GRAHAM, Mr. seeing as much as a $456 increase. ment opportunities, diminish work- HATCH, Mr. HELLER, Mr. If they put all the salaried employees place flexibility, damage employee mo- HOEVEN, Mr. INHOFE, Mr. ISAK- back on time cards, they will face big rale, and lead to a more hierarchical SON, Mr. LANKFORD, Mr. LEE, morale issues. workplace.’’

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.028 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3545 The U.S. Chamber Commerce says: pened to my business in 2004—is they to be paid time and a half for the other ‘‘The dramatic escalation of the salary will just adjust. The workers won’t get 16 hours of the day they are with the threshold, below which employees must any more money. But let’s just say $1.2 child under the application of the rule. be paid overtime for working more billion in wages is paid to workers. You are going to price the Johnson than 40 hours a week, will mean mil- Well, that will be a cost to businesses. Ferry Baptist Church out of the busi- lions of employees who are salaried So as far as the overall benefit to the ness of providing for underprivileged professionals will have to be reclassi- economy, wages might increase $1.2 bil- children. And what is going to happen? fied to hourly wage workers.’’ lion, but business costs will increase Those people are going to come to the There are 16 million Americans—in- $1.2 billion, and that nets to zero ben- government for the government to pro- cluding 320,000 Tennesseans—who are efit to the economy. But there will still vide that service. working part time while looking for be a $678 million compliance cost to So what this will do is take a church full-time work or who are out of work businesses, and, of course, that will be out of the business of helping human entirely. They need a vibrant economy; added to the already onerous regu- beings and put the government in the they don’t need Washington bureau- latory burden on our economy. position of having more demand for crats telling them how to manage their There are three different studies—the taxpayers to fund services that would work schedule, their free time, and Small Business Administration, the have been provided anyway. their income. Competitive Enterprise Institute, and I commend Chairman ALEXANDER. I I know this is a good-sounding rule, the National Association of Manufac- commend Senator JOHNSON and others. but it wrestles more and more control turers—putting the cost of complying I urge all my colleagues to join them in from the hands of Americans and small with Federal regulation somewhere be- the resolution of disapproval in the business owners and puts more power tween $1.75 trillion to over $2 trillion overtime rule. It is wrong for America. in Washington agencies. per year. If you take the medium esti- Its consequences are unintended, but Many of these rules, like the over- mate of that and divide it by 127 mil- they are devastating. I urge everybody time rule or the ‘‘higher tuition’’ rule lion households, that is a total cost of to vote in favor of it, and I appreciate or the ‘‘time card’’ rule—call it what- compliance with Federal regulations of Senator ALEXANDER for his leadership ever you will—won’t stand the test of $14,800 per year, per household. The in introducing that joint resolution. time. They will end up in courts and only larger expense to a household is I yield the floor. they will lose, or another President housing. That is the cost of complying. f will come along and fix what is broken. Let me finish with another figure— AMENDMENTS SUBMITTED AND But in the meantime, how many mil- $12,000 per year, per employee. That is PROPOSED lions of dollars and hours of time will the cost of just four Obama regulations be wasted as small business owners to one Wisconsin paper manufacturer. I SA 4448. Mr. LEE (for himself, Mrs. FEIN- make excruciating decisions about how can’t tell you which one because the STEIN, Mr. PAUL, Mr. UDALL, Mr. CRUZ, Ms. to implement these rules? CEO fears retaliation. Now, think of COLLINS, and Mr. HEINRICH) submitted an My hope is that the Senate will vote amendment intended to be proposed by him that for a minute. But just four Obama to the bill S. 2943, to authorize appropria- to give this ‘‘time card’’ ‘‘higher tui- regulations are costing one paper man- tions for fiscal year 2017 for military activi- tion’’ rule an early death before busi- ufacturer the equivalent of $12,000 per ties of the Department of Defense, for mili- ness owners and nonprofits and col- year, per employee. tary construction, and for defense activities leges and universities begin the task of So if you are concerned about income of the Department of Energy, to prescribe implementing it by December. inequality, if you are wondering why military personnel strengths for such fiscal The PRESIDING OFFICER. The Sen- wages have stagnated, look no further year, and for other purposes; which was or- ator from Wisconsin. than this massive regulatory burden, dered to lie on the table. SA 4449. Mr. BARRASSO (for himself and Mr. JOHNSON. Mr. President, I rise and of course the overtime rule is just Mr. ENZI) submitted an amendment intended first to say thank you to the Senator one of those burdens. I would just ask to be proposed by him to the bill S. 2943, from Tennessee for leading this vote of everybody, would you rather have that supra; which was ordered to lie on the table. disapproval on what is really a terrible $12,000 feeding the government in com- SA 4450. Mr. SULLIVAN submitted an rule. It is a solution looking for a prob- pliance costs or would you rather have amendment intended to be proposed by him lem. that $12,000 in your paycheck feeding to the bill S. 2943, supra; which was ordered I spent 31 years running a manufac- your family? to lie on the table. turing plant. It has been my experience Making a living is hard. Big Govern- SA 4451. Mr. HEINRICH submitted an that I have never had somebody in my amendment intended to be proposed by him ment just makes it a whole lot harder, to the bill S. 2943, supra; which was ordered operation ask to go from salary to and this overtime rule is just going to to lie on the table. hourly. I remember in 2004 when they make it that much more incrementally SA 4452. Mr. HEINRICH (for himself, Mr. tightened the rules and a number of harder. HELLER, and Mr. UDALL) submitted an people who worked for me were forced Mr. ISAKSON. Mr. President, I rise amendment intended to be proposed by him into hourly. None of them wanted to for a few minutes to compliment Chair- to the bill S. 2943, supra; which was ordered go. By the way, none of them received man ALEXANDER and Senator JOHNSON to lie on the table. higher wages or a higher salary; they for their resolution of disapproval on SA 4453. Mr. HEINRICH submitted an just lost flexibility—and that is ex- amendment intended to be proposed by him the overtime rule. to the bill S. 2943, supra; which was ordered actly what is going to happen. When I came into the Chamber, to lie on the table. Being an accountant, I would like to LAMAR ALEXANDER was making his SA 4454. Mr. HEINRICH submitted an kind of go through the numbers. These speech, followed by Senator JOHNSON. I amendment intended to be proposed by him are the Department of Labor’s own cal- listened closely, because I got a phone to the bill S. 2943, supra; which was ordered culations. They claim there would be call last week from Bryant Wright, the to lie on the table. $1.2 billion more wages paid to work- pastor at the Johnson Ferry Baptist SA 4455. Mrs. SHAHEEN (for herself and ers. That is what they claim the ben- Church in Marietta, GA. They are one Ms. AYOTTE) submitted an amendment in- tended to be proposed by her to the bill S. efit is going to be, but they also admit of the largest Baptist churches in my 2943, supra; which was ordered to lie on the that there will be $678 million in com- State. They provide daycare. They pro- table. pliance costs to businesses just trying vide early childhood development. SA 4456. Mr. MERKLEY submitted an to figure out the rule, trying to imple- They provide sports activities. They amendment intended to be proposed by him ment it. provide vacation Bible school—a 24/7 to the bill S. 2943, supra; which was ordered What they are missing is, if wages— program for underprivileged kids. to lie on the table. and I think that is a big ‘‘if’’ because I The unintended consequence of what SA 4457. Mr. MERKLEY (for himself and think what will end up happening is— I am sure is a well-intended regulation Mr. MARKEY) submitted an amendment in- tended to be proposed by him to the bill S. you know, employers are competing in is that a 24-hour-a-day camp counselor 2943, supra; which was ordered to lie on the a global economy, and you can’t just at Johnson Ferry Baptist Church for table. increase costs. So my guess, basically, their vacation Bible school will be paid SA 4458. Mr. ISAKSON submitted an is what is going to happen—and hap- regular pay for 8 hours and then have amendment intended to be proposed by him

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\G07JN6.045 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3546 CONGRESSIONAL RECORD — SENATE June 7, 2016 to the bill S. 2943, supra; which was ordered SA 4479. Mr. INHOFE (for himself and Mr. bill S. 2943, supra; which was ordered to lie to lie on the table. LANKFORD) submitted an amendment in- on the table. SA 4459. Mr. MANCHIN submitted an tended to be proposed by him to the bill S. SA 4500. Mr. JOHNSON (for himself and amendment intended to be proposed by him 2943, supra; which was ordered to lie on the Mr. CARPER) submitted an amendment in- to the bill S. 2943, supra; which was ordered table. tended to be proposed by him to the bill S. to lie on the table. SA 4480. Mr. BLUMENTHAL submitted an 2943, supra; which was ordered to lie on the SA 4460. Mr. MANCHIN submitted an amendment intended to be proposed by him table. amendment intended to be proposed by him to the bill S. 2943, supra; which was ordered SA 4501. Ms. MURKOWSKI submitted an to the bill S. 2943, supra; which was ordered to lie on the table. amendment intended to be proposed by her to lie on the table. SA 4481. Mr. BLUMENTHAL submitted an to the bill S. 2943, supra; which was ordered SA 4461. Mr. MANCHIN (for himself and amendment intended to be proposed by him to lie on the table. Mr. TILLIS) submitted an amendment in- to the bill S. 2943, supra; which was ordered SA 4502. Ms. MURKOWSKI (for herself, Mr. tended to be proposed by him to the bill S. to lie on the table. WHITEHOUSE, Mr. SULLIVAN, Ms. KLOBUCHAR, 2943, supra; which was ordered to lie on the SA 4482. Mr. NELSON submitted an amend- Mr. FRANKEN, Ms. BALDWIN, and Mrs. BOXER) table. ment intended to be proposed by him to the submitted an amendment intended to be pro- SA 4462. Ms. HEITKAMP (for herself and bill S. 2943, supra; which was ordered to lie posed by her to the bill S. 2943, supra; which Ms. AYOTTE) submitted an amendment in- on the table. was ordered to lie on the table. tended to be proposed by her to the bill S. SA 4483. Mr. COTTON (for himself, Mr. SA 4503. Mr. COTTON submitted an amend- 2943, supra; which was ordered to lie on the SASSE, Mr. RUBIO, Mr. RISCH, Mr. BURR, Mr. ment intended to be proposed by him to the table. INHOFE, and Mr. CORNYN) submitted an bill S. 2943, supra; which was ordered to lie SA 4463. Mr. SCHUMER submitted an amendment intended to be proposed by him on the table. amendment intended to be proposed by him to the bill S. 2943, supra; which was ordered SA 4504. Mr. HOEVEN (for himself and Mr. to the bill S. 2943, supra; which was ordered to lie on the table. TESTER) submitted an amendment intended to lie on the table. SA 4484. Mrs. ERNST (for herself and Mr. to be proposed by him to the bill S. 2943, SA 4464. Mr. JOHNSON submitted an JOHNSON) submitted an amendment intended supra; which was ordered to lie on the table. amendment intended to be proposed by him to be proposed by her to the bill S. 2943, SA 4505. Mr. DONNELLY (for himself, Mr. to the bill S. 2943, supra; which was ordered supra; which was ordered to lie on the table. INHOFE, Mr. KAINE, Mr. HATCH, and Mr. to lie on the table. SA 4485. Mrs. ERNST submitted an amend- ROUNDS) submitted an amendment intended SA 4465. Mr. JOHNSON submitted an ment intended to be proposed by her to the to be proposed by him to the bill S. 2943, amendment intended to be proposed by him bill S. 2943, supra; which was ordered to lie supra; which was ordered to lie on the table. SA 4506. Ms. WARREN (for herself, Mr. to the bill S. 2943, supra; which was ordered on the table. WHITEHOUSE, Mr. MARKEY, Ms. BALDWIN, Mr. to lie on the table. SA 4486. Mr. CRUZ (for himself, Mr. LEE, SA 4466. Mr. JOHNSON submitted an and Mr. LANKFORD) submitted an amendment MURPHY, Mr. LEAHY, Mrs. MURRAY, Mr. amendment intended to be proposed by him intended to be proposed by him to the bill S. MERKLEY, Mr. CASEY, Ms. CANTWELL, Mr. to the bill S. 2943, supra; which was ordered 2943, supra; which was ordered to lie on the SANDERS, Ms. STABENOW, and Ms. HIRONO) to lie on the table. table. submitted an amendment intended to be pro- SA 4467. Mr. JOHNSON submitted an SA 4487. Mr. CARDIN submitted an amend- posed by her to the bill S. 2943, supra; which amendment intended to be proposed by him ment intended to be proposed by him to the was ordered to lie on the table. SA 4507. Mr. HATCH submitted an amend- to the bill S. 2943, supra; which was ordered bill S. 2943, supra; which was ordered to lie ment intended to be proposed by him to the to lie on the table. on the table. SA 4468. Mr. JOHNSON submitted an SA 4488. Mr. CARDIN submitted an amend- bill S. 2943, supra; which was ordered to lie amendment intended to be proposed by him ment intended to be proposed by him to the on the table. SA 4508. Mr. BROWN (for himself and Ms. to the bill S. 2943, supra; which was ordered bill S. 2943, supra; which was ordered to lie WARREN) submitted an amendment intended to lie on the table. on the table. SA 4489. Mrs. MURRAY submitted an to be proposed by him to the bill S. 2943, SA 4469. Mr. JOHNSON submitted an amendment intended to be proposed by her supra; which was ordered to lie on the table. amendment intended to be proposed by him to the bill S. 2943, supra; which was ordered SA 4509. Mr. NELSON (for himself, Mr. to the bill S. 2943, supra; which was ordered to lie on the table. GARDNER, Mr. BENNET, Mr. SHELBY, and Mr. to lie on the table. SA 4490. Mrs. MURRAY submitted an DURBIN) submitted an amendment intended SA 4470. Mr. PETERS (for himself and Mr. amendment intended to be proposed by her to be proposed by him to the bill S. 2943, RUBIO) submitted an amendment intended to to the bill S. 2943, supra; which was ordered supra; which was ordered to lie on the table. be proposed by him to the bill S. 2943, supra; to lie on the table. SA 4510. Mr. WYDEN submitted an amend- which was ordered to lie on the table. SA 4491. Mr. BENNET (for himself, Mr. ment intended to be proposed by him to the SA 4471. Mr. PETERS (for himself and Ms. BLUMENTHAL, Mrs. GILLIBRAND, and Ms. bill S. 2943, supra; which was ordered to lie STABENOW) submitted an amendment in- BALDWIN) submitted an amendment intended on the table. tended to be proposed by him to the bill S. to be proposed by him to the bill S. 2943, SA 4511. Mr. GRASSLEY (for himself and 2943, supra; which was ordered to lie on the supra; which was ordered to lie on the table. Mr. WHITEHOUSE) submitted an amendment table. SA 4492. Mr. SCHATZ submitted an amend- intended to be proposed by him to the bill S. SA 4472. Mr. WYDEN (for himself and Mr. ment intended to be proposed by him to the 2943, supra; which was ordered to lie on the MERKLEY) submitted an amendment in- bill S. 2943, supra; which was ordered to lie table. tended to be proposed by him to the bill S. on the table. SA 4512. Mr. KIRK submitted an amend- 2943, supra; which was ordered to lie on the SA 4493. Mr. MARKEY submitted an ment intended to be proposed by him to the table. amendment intended to be proposed by him bill S. 2943, supra; which was ordered to lie SA 4473. Mr. WYDEN (for himself and Mr. to the bill S. 2943, supra; which was ordered on the table. SANDERS) submitted an amendment intended to lie on the table. SA 4513. Mr. VITTER submitted an amend- to be proposed by him to the bill S. 2943, SA 4494. Mr. BLUMENTHAL submitted an ment intended to be proposed by him to the supra; which was ordered to lie on the table. amendment intended to be proposed by him bill S. 2943, supra; which was ordered to lie SA 4474. Mr. CASEY (for himself, Mr. to the bill S. 2943, supra; which was ordered on the table. INHOFE, Mr. BLUMENTHAL, and Mr. BENNET) to lie on the table. SA 4514. Mr. VITTER submitted an amend- submitted an amendment intended to be pro- SA 4495. Mr. BLUMENTHAL submitted an ment intended to be proposed by him to the posed by him to the bill S. 2943, supra; which amendment intended to be proposed by him bill S. 2943, supra; which was ordered to lie was ordered to lie on the table. to the bill S. 2943, supra; which was ordered on the table. SA 4475. Mr. COTTON submitted an amend- to lie on the table. SA 4515. Mr. VITTER submitted an amend- ment intended to be proposed by him to the SA 4496. Mr. KAINE (for himself, Mr. ment intended to be proposed by him to the bill S. 2943, supra; which was ordered to lie FLAKE, and Mr. NELSON) submitted an bill S. 2943, supra; which was ordered to lie on the table. amendment intended to be proposed by him on the table. SA 4476. Mr. JOHNSON submitted an to the bill S. 2943, supra; which was ordered SA 4516. Mr. BURR (for himself and Mrs. amendment intended to be proposed by him to lie on the table. FEINSTEIN) submitted an amendment in- to the bill S. 2943, supra; which was ordered SA 4497. Mr. KAINE (for himself and Mr. tended to be proposed by him to the bill S. to lie on the table. MERKLEY) submitted an amendment in- 2943, supra; which was ordered to lie on the SA 4477. Mr. JOHNSON submitted an tended to be proposed by him to the bill S. table. amendment intended to be proposed by him 2943, supra; which was ordered to lie on the SA 4517. Mr. BURR (for himself and Mrs. to the bill S. 2943, supra; which was ordered table. FEINSTEIN) submitted an amendment in- to lie on the table. SA 4498. Mr. RUBIO submitted an amend- tended to be proposed by him to the bill S. SA 4478. Mr. HOEVEN (for himself and Ms. ment intended to be proposed by him to the 2943, supra; which was ordered to lie on the KLOBUCHAR) submitted an amendment in- bill S. 2943, supra; which was ordered to lie table. tended to be proposed by him to the bill S. on the table. SA 4518. Mr. BURR (for himself and Mrs. 2943, supra; which was ordered to lie on the SA 4499. Mr. CRUZ submitted an amend- FEINSTEIN) submitted an amendment in- table. ment intended to be proposed by him to the tended to be proposed by him to the bill S.

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Mr. BURR (for himself and Mrs. submitted an amendment intended to be pro- (1) by striking subsection (a) and inserting FEINSTEIN) submitted an amendment in- posed by her to the bill S. 2943, supra; which the following: tended to be proposed by him to the bill S. was ordered to lie on the table. ‘‘(a) No citizen or lawful permanent resi- 2943, supra; which was ordered to lie on the SA 4540. Mrs. MURRAY (for herself, Mr. dent of the United States shall be imprisoned table. BLUMENTHAL, Mr. BROWN, and Ms. MIKULSKI) or otherwise detained by the United States SA 4521. Mr. BURR (for himself and Mrs. submitted an amendment intended to be pro- except consistent with the Constitution and FEINSTEIN) submitted an amendment in- posed by her to the bill S. 2943, supra; which pursuant to an Act of Congress that ex- tended to be proposed by him to the bill S. was ordered to lie on the table. pressly authorizes such imprisonment or de- 2943, supra; which was ordered to lie on the SA 4541. Ms. HIRONO submitted an amend- tention.’’; table. ment intended to be proposed by her to the (2) by redesignating subsection (b) as sub- SA 4522. Mr. BURR (for himself, Mrs. FEIN- bill S. 2943, supra; which was ordered to lie section (c); and STEIN, and Ms. COLLINS) submitted an on the table. (3) by inserting after subsection (a) the fol- amendment intended to be proposed by him SA 4542. Ms. HIRONO submitted an amend- lowing: to the bill S. 2943, supra; which was ordered ment intended to be proposed by her to the ‘‘(b)(1) A general authorization to use mili- to lie on the table. bill S. 2943, supra; which was ordered to lie tary force, a declaration of war, or any simi- SA 4523. Mr. BURR (for himself, Mrs. FEIN- on the table. lar authority, on its own, shall not be con- STEIN, and Ms. COLLINS) submitted an SA 4543. Ms. HIRONO submitted an amend- strued to authorize the imprisonment or de- amendment intended to be proposed by him ment intended to be proposed by her to the tention without charge or trial of a citizen to the bill S. 2943, supra; which was ordered bill S. 2943, supra; which was ordered to lie or lawful permanent resident of the United to lie on the table. on the table. States apprehended in the United States. SA 4524. Mr. BURR (for himself, Mrs. FEIN- SA 4544. Mr. BOOKER submitted an ‘‘(2) Paragraph (1) applies to an authoriza- STEIN, and Ms. COLLINS) submitted an amendment intended to be proposed by him tion to use military force, a declaration of amendment intended to be proposed by him to the bill S. 2943, supra; which was ordered war, or any similar authority enacted before, to the bill S. 2943, supra; which was ordered to lie on the table. on, or after the date of the enactment of the to lie on the table. SA 4545. Mr. VITTER submitted an amend- National Defense Authorization Act for Fis- SA 4525. Mr. BURR (for himself and Mrs. ment intended to be proposed by him to the cal Year 2017. FEINSTEIN) submitted an amendment in- bill S. 2943, supra; which was ordered to lie ‘‘(3) This section shall not be construed to tended to be proposed by him to the bill S. on the table. authorize the imprisonment or detention of a 2943, supra; which was ordered to lie on the SA 4546. Mr. VITTER submitted an amend- citizen of the United States, a lawful perma- table. ment intended to be proposed by him to the nent resident of the United States, or any SA 4526. Mr. BROWN submitted an amend- bill S. 2943, supra; which was ordered to lie ment intended to be proposed by him to the other person who is apprehended in the on the table. United States.’’. bill S. 2943, supra; which was ordered to lie SA 4547. Mr. BROWN submitted an amend- on the table. ment intended to be proposed by him to the SA 4449. Mr. BARRASSO (for himself SA 4527. Mr. CASEY (for himself, Mr. bill S. 2943, supra; which was ordered to lie INHOFE, Mr. BLUMENTHAL, and Mr. BENNET) and Mr. ENZI) submitted an amend- on the table. ment intended to be proposed by him submitted an amendment intended to be pro- SA 4548. Mr. BROWN (for himself, Mr. posed by him to the bill S. 2943, supra; which BLUNT, Mrs. MCCASKILL, and Mr. PORTMAN) to the bill S. 2943, to authorize appro- was ordered to lie on the table. submitted an amendment intended to be pro- priations for fiscal year 2017 for mili- SA 4528. Mrs. McCASKILL submitted an posed by him to the bill S. 2943, supra; which tary activities of the Department of amendment intended to be proposed by her was ordered to lie on the table. Defense, for military construction, and to the bill S. 2943, supra; which was ordered SA 4549. Mr. REED (for himself and Ms. MI- to lie on the table. for defense activities of the Depart- KULSKI) proposed an amendment to amend- SA 4529. Mrs. MURRAY (for herself and Mr. ment of Energy, to prescribe military ment SA 4229 proposed by Mr. MCCAIN to the KAINE) submitted an amendment intended to personnel strengths for such fiscal bill S. 2943, supra. be proposed by her to the bill S. 2943, supra; SA 4550. Mr. GRAHAM submitted an year, and for other purposes; which was which was ordered to lie on the table. amendment intended to be proposed by him ordered to lie on the table; as follows: SA 4530. Mrs. GILLIBRAND (for herself and to the bill S. 2943, supra; which was ordered At the end of subtitle E of title III, add the Mr. DAINES) submitted an amendment in- following: tended to be proposed by her to the bill S. to lie on the table. SA 4551. Mr. ROUNDS submitted an 2943, supra; which was ordered to lie on the SEC. 341. AUTHORITY FOR AGREEMENTS TO RE- amendment intended to be proposed by him IMBURSE STATES FOR COSTS OF table. SUPPRESSING WILDFIRES ON STATE SA 4531. Mr. BOOKER (for himself, Mr. to the bill S. 2943, supra; which was ordered to lie on the table. LANDS CAUSED BY DEPARTMENT OF BLUMENTHAL, Mr. NELSON, Mr. SCHUMER, and SA 4552. Mr. PERDUE submitted an DEFENSE ACTIVITIES UNDER Mr. MENENDEZ) submitted an amendment in- LEASES AND OTHER GRANTS OF AC- amendment intended to be proposed by him tended to be proposed by him to the bill S. CESS TO STATE LANDS. to the bill S. 2943, supra; which was ordered 2943, supra; which was ordered to lie on the Section 2691 of title 10, United States Code, to lie on the table. table. is amended by adding at the end the fol- SA 4553. Mr. LEAHY (for himself, Mr. SA 4532. Mr. MANCHIN submitted an lowing new subsection: FLAKE, Mr. CARDIN, and Mr. DURBIN) sub- amendment intended to be proposed by him ‘‘(d) The Secretary of Defense may, in any mitted an amendment intended to be pro- to the bill S. 2943, supra; which was ordered lease, permit, license, or other grant of ac- posed by him to the bill S. 2943, supra; which to lie on the table. cess for use of lands owned by a State, agree was ordered to lie on the table. SA 4533. Mr. SCHATZ (for himself and Mr. to reimburse the State for the reasonable SASSE) submitted an amendment intended to f costs of the State in suppressing wildland be proposed by him to the bill S. 2943, supra; TEXT OF AMENDMENTS fires caused by the activities of the Depart- which was ordered to lie on the table. ment of Defense under such lease, permit, li- SA 4534. Mr. UDALL submitted an amend- SA 4448. Mr. LEE (for himself, Mrs. cense, or other grant of access.’’. ment intended to be proposed by him to the FEINSTEIN, Mr. PAUL, Mr. UDALL, Mr. bill S. 2943, supra; which was ordered to lie CRUZ, Ms. COLLINS, and Mr. HEINRICH) SA 4450. Mr. SULLIVAN submitted on the table. an amendment intended to be proposed SA 4535. Mrs. ERNST submitted an amend- submitted an amendment intended to ment intended to be proposed by her to the be proposed by him to the bill S. 2943, by him to the bill S. 2943, to authorize bill S. 2943, supra; which was ordered to lie to authorize appropriations for fiscal appropriations for fiscal year 2017 for on the table. year 2017 for military activities of the military activities of the Department SA 4536. Mr. CASSIDY submitted an Department of Defense, for military of Defense, for military construction, amendment intended to be proposed by him construction, and for defense activities and for defense activities of the De- to the bill S. 2943, supra; which was ordered of the Department of Energy, to pre- partment of Energy, to prescribe mili- to lie on the table. tary personnel strengths for such fiscal SA 4537. Mr. RUBIO submitted an amend- scribe military personnel strengths for ment intended to be proposed by him to the such fiscal year, and for other pur- year, and for other purposes; which was bill S. 2943, supra; which was ordered to lie poses; which was ordered to lie on the ordered to lie on the table; as follows: on the table. table; as follows: After section 1241, insert the following:

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UNITED STATES POLICY WITH RE- specified by that paragraph if the Secretary conducting the evaluation and assessment SPECT TO FREEDOM OF NAVIGA- certifies to the congressional defense com- required pursuant to that paragraph shall, TION OPERATIONS IN INTER- mittees in writing that the waiver is in the by not later than January 31, 2017, submit to NATIONAL WATERS AND AIRSPACE. national security interests of the United the Secretary, and to the congressional de- (a) FINDINGS.—Congress makes the fol- States and includes with such certification a fense committees, a report setting forth the lowing findings: justification for the waiver. results of the evaluation and assessment, in- (1) Since the Declaration of Independence (d) ANNUAL REPORTS.— cluding such recommendations for legisla- in 1776, which was inspired in part as a re- (1) IN GENERAL.—Not later then June 30 tive and administrative action with respect sponse to a ‘‘tyrant’’ who ‘‘plundered our each year, the Secretary of Defense shall to the financial resources and organization seas, ravaged our Coasts’’ and who wrote submit to the congressional defense commit- of the High Energy Laser Systems Test Fa- laws ‘‘for cutting off our Trade with all parts tees a report on the freedom of navigation cility as the entity considers appropriate. of the world’’, freedom of seas and promotion operations executed pursuant to subsection of international commerce have been core (c) during the preceding calendar year. SA 4452. Mr. HEINRICH (for himself, security interests of the United States. (2) ELEMENTS.—Each report under this sub- Mr. HELLER, and Mr. UDALL) submitted (2) Article I, section 8 of the Constitution section shall include, for the calendar year an amendment intended to be proposed of the United States establishes enumerated covered by such report, the following: powers for Congress which include regulating by him to the bill S. 2943, to authorize (A) A list of each freedom of navigation op- appropriations for fiscal year 2017 for commerce with foreign nations, punishing eration executed. piracies and felonies committed on the high military activities of the Department (B) A description of each such operation, of Defense, for military construction, seas and offenses against the law of nations, including— and providing and maintaining a Navy. (i) the location of the operation; and for defense activities of the De- (3) For centuries, the United States has (ii) the type of claim challenged by the op- partment of Energy, to prescribe mili- maintained a bedrock commitment to ensur- eration; tary personnel strengths for such fiscal ing the right to freedom of navigation for all (iii) the specific military operations con- year, and for other purposes; which was law-abiding parties in every region of the ducted during the operation; and ordered to lie on the table; as follows: world. (iv) each partner country or ally, if any, Strike section 1046 and replace with the (4) In support of international law, the included in the operation. longstanding United States commitment to following: SEC. 1046. INDEPENDENT STUDY ON OPERATION freedom of navigation and ensuring the free SA 4451. Mr. HEINRICH submitted an access to sea lanes to promote global com- OF REMOTELY PILOTED AIRCRAFT amendment intended to be proposed by BY ENLISTED AIR FORCE PER- merce remains a core security interest of the SONNEL. United States. him to the bill S. 2943, to authorize ap- propriations for fiscal year 2017 for (a) INDEPENDENT STUDY.— (5) This is particularly true in areas of the (1) IN GENERAL.—The Secretary of the Air world that are critical transportation cor- military activities of the Department Force shall obtain an independent review ridors and key routes for global commerce, of Defense, for military construction, and assessment of officer and enlisted pilots such as the South China Sea and the East and for defense activities of the De- and crews in the remotely piloted aircraft China Sea, through which a significant por- partment of Energy, to prescribe mili- (RPA) enterprise that determines the fol- tion of global commerce transits. tary personnel strengths for such fiscal lowing: (6) The consistent exercise of freedom of year, and for other purposes; which was (A) The appropriate future balance of offi- navigation operations and overflights by ordered to lie on the table; as follows: cer and enlisted pilots and crews in the re- United States naval and air forces through- motely piloted aircraft enterprise. After section 216, insert the following: out the world plays a critical role in safe- (B) Any potential impacts on the future guarding the freedom of the seas for all law- SEC. 216A. HIGH ENERGY LASER SYSTEMS TEST structure of the Air Force of incorporating FACILITY. ful nations, supporting international law, enlisted personnel into the piloting of re- (a) FINDINGS.—Congress makes the fol- and ensuring the continued safe passage and motely piloted aircraft. lowing findings: promotion of global commerce and trade. (2) CONSIDERATIONS IN DETERMINING BAL- (b) DECLARATION OF POLICY.—It is the pol- (1) The High Energy Laser Systems Test ANCE.—The balance determined pursuant to Facility (HELSTF) was chartered to be the icy of the United States to fly, sail, and op- the study shall be determined taking into ac- erate throughout the oceans, seas, and air- primary test and evaluation facility for high count relevant portions of the defense strat- space of the world wherever international energy laser systems throughout the Depart- egy, critical assumptions, priorities, force- law allows. ment of Defense and the Armed Forces, thus sizing constructs, and costs. (c) IMPLEMENTATION OF POLICY.— ensuring efficient, effective, and more afford- (b) REPORT.—Not later than April 14, 2017, (1) IN GENERAL.—In furtherance of the pol- able testing and evaluation of high energy the Secretary shall submit to the congres- icy set forth in subsection (b), the Secretary lasers for the United States. sional defense committees a comprehensive of Defense shall— (2) Research, development, test, and eval- report on the results of the study required by (A) plan and execute a robust series of rou- uation on high energy lasers is critical to subsection (a), including the following: tine and regular freedom of navigation oper- achieving the Third Offset Strategy of the (1) A detailed discussion of the specific as- ations (FONOPs) throughout the world, with Department, and workloads related to laser sumptions, observations, conclusions, and a particular emphasis on critical transpor- testing are increasing. recommendations of the study. tation corridors and key routes for global (3) Due to insufficient funding, the High (2) A detailed description of the modeling commerce (such as the South China Sea and Energy Laser Systems Test Facility is un- and analysis techniques used for the study. the East China Sea); able to accommodate the test and evaluation (B) execute, in such critical transportation demanded of it by the Armed Forces. SA 4453. Mr. HEINRICH submitted an corridors, routine and regular maritime free- (b) INDEPENDENT EVALUATION.— amendment intended to be proposed by dom of navigation operations throughout the (1) IN GENERAL.—The Secretary of Defense him to the bill S. 2943, to authorize ap- year; shall enter into an agreement with an inde- (C) in addition to the operations executed pendent entity to conduct an evaluation and propriations for fiscal year 2017 for pursuant to subparagraph (B), execute rou- assessment of options to provide financial re- military activities of the Department tine and regular maritime freedom of navi- sources for the High Energy Laser Systems of Defense, for military construction, gation operations throughout the year, in Test Facility in accordance with the rec- and for defense activities of the De- accordance with international law, including ommendations in the 2009 report of the Test partment of Energy, to prescribe mili- the use of expanded military options and ma- Resource Management Center and High En- tary personnel strengths for such fiscal neuvers beyond innocent passage (including ergy Laser Joint Program Office entitled year, and for other purposes; which was fire-control radars, small boat launches, and ‘‘Impact Report to Congress on High Energy ordered to lie on the table; as follows: helicopter patrols); Laser Systems Test Facility (HELSTF) and At the end of subtitle H of title V, add the (D) to the maximum extent practicable, Plan for Test and Evaluation of High Energy following: execute freedom of navigation operations Laser Systems’’, and other relevant reports, pursuant to this subsection with regional including— SEC. 597. SPECIAL EXPERIENCE INDICATOR FOR AIR FORCE COMMUNICATIONS MAIN- partner countries and allies of the United (A) the transfer of management of the Fa- TENANCE PERSONNEL WHO MAIN- States; and cility to the Joint Directed Energy Program TAIN REMOTELY PILOTED AIRCRAFT (E) when necessary, execute other routine Office (JDEPO), as redesignated by section GROUND CONTROL STATIONS. and regular freedom of navigation operations 216(b); and (a) ESTABLISHMENT REQUIRED.—Not later to challenge maritime and airspace claims (B) modifications of funding for the Joint than February 1, 2017, the Secretary of the by other countries that are not consistent Directed Energy Program Office in order to Air Force shall establish a Special Experi- with international law. provide adequate financial resources for the ence Indicator (SEI) for Air Force commu- (2) WAIVER.—The Secretary may waive a Facility. nications maintenance personnel who main- requirement in paragraph (1) to execute a (2) REPORT.—Under the agreement entered tain remotely piloted aircraft ground control freedom of navigation operation otherwise into pursuant to paragraph (1), the entity stations (GCS).

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(b) ASSIGNMENT TO CURRENT PERSONNEL.— SEC. 1667. REPORT ON PERFORMANCE OF TRAN- (B) Rank upon separation from the Armed The Secretary shall complete the assign- SISTORS USED BY MISSILE DEFENSE Forces. ment of the Special Experience Indicator es- AGENCY. (C) A description of health care experience tablished pursuant to subsection (a) to all (a) IN GENERAL.—Not later than 90 days while serving as a member of the Armed current personnel of the Air Force who merit after the date of the enactment of this Act, Forces and other relevant health care experi- the assignment of the Special Experience In- the Director of the Missile Defense Agency ence, including any relevant credential, such dicator by not later than September 1, 2017. shall submit to the congressional defense as a certificate, certification, or license, in- committees a report on the performance of cluding the name of the institution or orga- SA 4454. Mr. HEINRICH submitted an transistors used in electronic systems on nization that issued the credential. amendment intended to be proposed by platforms and systems in radiation-hardened (4) CONSULTATION WITH SECRETARY OF HOME- applications of the Agency. him to the bill S. 2943, to authorize ap- LAND SECURITY.—In submitting each list (b) ELEMENTS.—The report required by sub- propriations for fiscal year 2017 for under paragraph (1), the Secretary of Defense section (a) shall include— shall consult with the Secretary of Home- military activities of the Department (1) an assessment of the performance of of Defense, for military construction, land Security with respect to matters con- transistors described in subsection (a) in ra- cerning the Coast Guard when it is not oper- and for defense activities of the De- diation-hardened applications; and ating as a service in the Navy. (2) an identification of emerging transistor partment of Energy, to prescribe mili- (c) RESOLUTION OF BARRIERS TO EMPLOY- technologies with the potential to enhance tary personnel strengths for such fiscal MENT.— the performance of electronic systems in ra- year, and for other purposes; which was (1) IN GENERAL.—In carrying out the pro- diation-hardened applications. gram, the Secretary of Veterans Affairs ordered to lie on the table; as follows: (c) FORM.—The report required by sub- shall, in coordination with the Secretary of Strike section 1123 and insert the fol- section (a) shall be submitted in unclassified Defense, work to resolve any barriers relat- lowing: form, but may include a classified annex. ing to credentialing or to specific hiring SEC. 1123. DIRECT HIRE AUTHORITY FOR SCI- ENTIFIC, ENGINEERING, AND OTHER SA 4456. Mr. MERKLEY submitted an rules, procedures, and processes of the De- partment of Veterans Affairs that may delay POSITIONS FOR TEST AND EVALUA- amendment intended to be proposed by TION FACILITIES OF THE MAJOR or prevent the hiring of individuals who are RANGE AND TEST FACILITY BASE. him to the bill S. 2943, to authorize ap- undergoing separation from the Armed (a) IN GENERAL.—The Secretary of Defense propriations for fiscal year 2017 for Forces and who served in a health care ca- may, acting through the Director of Oper- military activities of the Department pacity while serving as a member of the ational Test and Evaluation and the Direc- of Defense, for military construction, Armed Forces, including by reconciling dif- tors of the test and evaluation facilities of and for defense activities of the De- ferent credentialing processes and standards the Major Range and Test Facility Base of partment of Energy, to prescribe mili- between the Department of Veterans Affairs the Department of Defense, appoint qualified tary personnel strengths for such fiscal and the Department of Defense. candidates possessing a college degree to sci- (2) REPORT.—If the Secretary of Veterans entific, engineering, technical, and key sup- year, and for other purposes; which was Affairs determines that a barrier described port positions within the Office of the Direc- ordered to lie on the table; as follows: in paragraph (1) cannot be resolved under tor of Operational Test and Evaluation and At the end of subtitle I of title X, add the such paragraph, the Secretary shall, not the test and evaluation facilities of the following: later than 90 days after the discovery of the Major Range and Test Facility Base without SEC. 1097. PROGRAM TO INCREASE EFFICIENCY barrier, submit to Congress a report that in- regard to the provisions of subchapter I of IN THE RECRUITMENT AND HIRING cludes such recommendations for legislative chapter 33 of title 5, United States Code, BY THE DEPARTMENT OF VETERANS and administrative action as the Secretary other than sections 3303 and 3328 of such AFFAIRS OF HEALTH CARE WORK- considers appropriate to resolve the barrier, ERS UNDERGOING SEPARATION title. FROM THE ARMED FORCES. including any barrier imposed by a State. (b) LIMITATION ON NUMBER.— (d) TREATMENT OF APPLICATIONS FOR EM- (a) PROGRAM.—The Secretary of Veterans N GENERAL.—Authority under this sec- (1) I Affairs shall, in coordination with the Sec- PLOYMENT.—An application for employment tion may not, in any calendar year and with retary of Defense, carry out a program to re- in the Department of Veterans Affairs in a respect to the Office of the Director of Oper- cruit individuals who are undergoing separa- health care capacity received by the Sec- ational Test and Evaluation or any test and tion from the Armed Forces and who served retary of Veterans Affairs from a member or evaluation facility, be exercised with respect in a health care capacity while serving as a former member of the Armed Forces who is to a number of candidates greater than the member of the Armed Forces. The program on a list submitted to the Secretary under number equal to 5 percent of the total num- shall be known as the ‘‘Docs-to-Doctors Pro- subsection (b) shall not be considered an ap- ber of positions described in subsection (a) gram’’. plication from outside the work force of the within the Office or such facility that are (b) SHARING OF INFORMATION.— Department for purposes of section 3330 of filled as of the close of the fiscal year last (1) SUBMITTAL OF LIST.—For purposes of title 5, United States Code, and section ending before the start of such calendar carrying out the program, not less fre- 335.105 of title 5, Code of Federal Regulations year. quently than once per year (or a shorter pe- (as in effect on the date of the enactment of (2) NATURE OF APPOINTMENT.—For purposes riod that the Secretary of Veterans Affairs this Act), if the application is received not of this subsection, any candidate appointed and the Secretary of Defense may jointly later than one year after the separation of to a position under this section shall be specify), the Secretary of Defense shall sub- the member or former member from the treated as appointed on a full-time equiva- mit to the Secretary of Veterans Affairs a Armed Forces. lent basis. list of members of the Armed Forces, includ- SEC. 1097A. UNIFORM CREDENTIALING STAND- (c) TERMINATION.—The authority to make ing the reserve components, who— ARDS FOR CERTAIN HEALTH CARE appointments under this section shall not be (A) served in a health care capacity while PROFESSIONALS OF THE DEPART- MENT OF VETERANS AFFAIRS. available after December 31, 2021. serving as a member of the Armed Forces; (d) MAJOR RANGE AND TEST FACILITY BASE (a) IN GENERAL.—Subchapter II of chapter (B) are undergoing or have undergone sepa- DEFINED.—In this section, the term ‘‘Major 74 of title 38, United States Code, is amended ration from the Armed Forces during the pe- Range and Test Facility Base’’ means the by inserting after section 7423 the following riod covered by the list; and test and evaluation facilities that are des- new section: (C) will be discharged from the Armed ignated by the Secretary as facilities and re- Forces under honorable conditions, as deter- ‘‘§ 7423A. Personnel administration: uniform sources comprising the Major Range and mined by the Secretary of Defense, or have credentialing process Test Facility Base of the Department. been discharged from the Armed Forces ‘‘(a) UNIFORM PROCESS.—The Secretary SA 4455. Mrs. SHAHEEN (for herself under honorable conditions during the period shall implement a uniform credentialing covered by the list. process for employees of the Veterans Health and Ms. AYOTTE) submitted an amend- (2) USE OF OCCUPATIONAL CODES.—Each list Administration for each position specified in ment intended to be proposed by her to submitted under paragraph (1) shall include section 7421(b) of this title. the bill S. 2943, to authorize appropria- members of the Armed Forces who were as- ‘‘(b) RECOGNITION THROUGHOUT ADMINISTRA- tions for fiscal year 2017 for military signed a Military Occupational Specialty TION.—If an employee of the Administration activities of the Department of De- code, an Air Force Specialty Code, or a in a position specified in section 7421(b) of fense, for military construction, and United States Navy rating indicative of serv- this title is credentialed under this section for defense activities of the Depart- ice in a health care capacity. for purposes of practicing in a location with- ment of Energy, to prescribe military (3) INFORMATION INCLUDED.—Each list sub- in the Administration, such credential shall mitted under paragraph (1) shall include the be deemed to be sufficient for the employee personnel strengths for such fiscal following information, to the extent such in- to practice in any location within the Ad- year, and for other purposes; which was formation is available to the Secretary of ministration. ordered to lie on the table; as follows: Defense, with respect to each member of the ‘‘(c) RENEWAL.—(1) Except as provided in At the end of subtitle E of title XVI, add Armed Forces included in such list: paragraph (2), the Secretary may provide for the following: (A) Contact information. the renewal of credentials under this section

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.030 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3550 CONGRESSIONAL RECORD — SENATE June 7, 2016 pursuant to such regulations as the Sec- SEC. 1097. CLOSURE OF ST. MARYS AIRPORT, ST. (B) meets all requirements of Federal law retary may prescribe for such purpose. MARYS, GEORGIA. and the appraisal and documentation stand- ‘‘(2) Renewal of credentials under this sec- (a) RELEASE OF RESTRICTIONS.—Subject to ards applicable to the acquisition and dis- tion may not be required solely because an subsection (b), the United States, acting posal of real property interests of the United employee moves from one facility of the De- through the Administrator of the Federal States. partment to another.’’. Aviation Administration, shall release the (2) An amount equal to the unamortized (b) CLERICAL AMENDMENT.—The table of City of St. Marys, Georgia, from all restric- portion of any Federal development grants sections at the beginning of chapter 74 of tions, conditions, and limitations on the use, (including grants available under a State such title is amended by inserting after the encumbrance, conveyance, and closure of the block grant program established pursuant to item relating to section 7423 the following St. Marys Airport, to the extent such re- section 47128 of title 49, United States Code), new item: strictions, conditions, and limitations are other than used for the acquisition of land, ‘‘7423A. Personnel administration: uniform enforceable by the Administrator. paid to the City of St. Marys for use as the credentialing process.’’. (b) REQUIREMENTS FOR RELEASE OF RE- St. Marys Airport. STRICTIONS.—The Administrator shall exe- (3) An amount equal to the airport reve- (c) EFFECTIVE DATE.—The Secretary of cute the release under subsection (a) once all nues remaining in the airport account for Veterans Affairs shall implement the uni- of the following occurs: the St. Marys Airport as of the date of the form credentialing process required under (1) The Secretary of the Navy transfers to enactment of this Act and as otherwise due section 7423A of such title, as added by sub- the Georgia Department of Transportation to or received by the City of St. Marys after section (a), not later than one year after the the amounts described in subsection (c) and such date of enactment pursuant to sections date of the enactment of this Act. requires as an enforceable condition on such 47107(b) and 47133 of title 49, United States transfer that all funds transferred shall be Code. SA 4457. Mr. MERKLEY (for himself used only for airport development (as defined (d) AUTHORIZATION FOR TRANSFER OF and Mr. MARKEY) submitted an amend- in section 47102 of title 49, United States FUNDS.—Using funds available to the Depart- ment intended to be proposed by him Code) of a regional airport in Georgia, con- ment of the Navy for operation and mainte- to the bill S. 2943, to authorize appro- sistent with planning efforts conducted by nance, the Secretary may pay the amounts priations for fiscal year 2017 for mili- the Administrator and the Georgia Depart- described in subsection (c) to the Georgia De- partment of Transportation, conditioned as tary activities of the Department of ment of Transportation. (2) The City of St. Marys, for consideration described in subsection (b)(1). Defense, for military construction, and (e) ADDITIONAL REQUIREMENTS.— as provided for in this section, grants to the for defense activities of the Depart- (1) SURVEY.—The exact acreage and legal United States, under the administrative ju- description of St. Marys Airport shall be de- ment of Energy, to prescribe military risdiction of the Secretary, a restrictive use termined by a survey satisfactory to the Sec- personnel strengths for such fiscal easement in the real property used for the retary and concurred in by the Adminis- year, and for other purposes; which was St. Marys Airport, as determined acceptable trator. ordered to lie on the table; as follows: by the Secretary, under such terms and con- (2) PLANNING OF REGIONAL AIRPORT.—Any ditions that the Secretary considers nec- At the end of subtitle D of title XVI, add planning effort for the development of a re- essary to protect the interests of the United the following: gional airport in southeast Georgia shall be States and prohibiting the future use of such SEC. 1655. PLAN TO MODERNIZE THE NUCLEAR conducted in coordination with the Sec- property for all aviation-related purposes WEAPONS STOCKPILE. retary, and shall ensure that any such re- and any other purposes deemed by the Sec- Section 1043(a)(2) of the National Defense gional airport does not interfere with the op- retary to be incompatible with the oper- Authorization Act for Fiscal Year 2012 (Pub- erations, functions, and missions of Naval ations, functions, and missions of Naval Sub- lic Law 112–81; 125 Stat. 1576), as most re- Submarine Base, Kings Bay, Georgia. The de- marine Base, Kings Bay, Georgia. cently amended by section 1643 of the Na- termination of the Secretary shall be final as (3) The Secretary obtains an appraisal to tional Defense Authorization Act for Fiscal to whether the operations of a new regional determine the fair market value of the real Year 2015 (Public Law 113–291; 128 Stat. 3650), airport in southeast Georgia would interfere property used for the St. Marys Airport in is further amended— with such military operations. the manner described in subsection (c)(1). (1) by redesignating subparagraph (G) as (4) The Administrator fulfills the obliga- subparagraph (I); and SA 4459. Mr. MANCHIN submitted an tions under the National Environmental Pol- (2) by inserting after subparagraph (F) the amendment intended to be proposed by icy Act of 1969 (42 U.S.C. 4321 et seq.) in con- following new subparagraph: nection with the release under subsection him to the bill S. 2943, to authorize ap- ‘‘(G) A detailed description of the plan to (a). In carrying out such obligations— propriations for fiscal year 2017 for modernize the nuclear weapons stockpile of (A) the Administrator shall not assume or military activities of the Department the United States, including an estimate of consider any potential or proposed future re- of Defense, for military construction, the costs (including estimated cost ranges if development of the current St. Marys airport and for defense activities of the De- necessary), during the 25-year period fol- property; lowing the date of the report to implement partment of Energy, to prescribe mili- (B) any potential new regional airport in planned programs to modernize and sustain tary personnel strengths for such fiscal Georgia shall be deemed to be not connected all elements of the nuclear security enter- year, and for other purposes; which was with the release noted in subsection (a) nor prise, including the estimated life cycle ordered to lie on the table; as follows: the closure of St. Marys Airport; and costs of modernization programs planned and On page 153, strike lines 1 through 16. (C) any environmental review under the or in the planning stages as of the date of the National Environmental Policy Act of 1969 report. Such estimates shall include the SA 4460. Mr. MANCHIN submitted an (42 U.S.C. 4321 et seq.) for a potential re- costs of research and development and pro- amendment intended to be proposed by gional airport in Georgia shall be considered duction relating to nuclear weapons that are through an environmental review process him to the bill S. 2943, to authorize ap- being replaced, modernized, or sustained, in- separate and apart from the environmental propriations for fiscal year 2017 for cluding with respect to— review made a condition of release by this military activities of the Department ‘‘(i) associated delivery systems or plat- section. of Defense, for military construction, forms that carry nuclear weapons; (5) The Administrator fulfills the obliga- ‘‘(ii) nuclear command and control sys- and for defense activities of the De- tions under sections 47107(h) and 46319 of tems; and partment of Energy, to prescribe mili- title 49, United States Code. ‘‘(iii) facilities, infrastructure, and critical tary personnel strengths for such fiscal (6) Any actions required under part 157 of skills.’’. year, and for other purposes; which was title 14, Code of Federal Regulations, are car- ordered to lie on the table; as follows: ried out to the satisfaction of the Adminis- SA 4458. Mr. ISAKSON submitted an trator. At the end of subtitle F of title VIII, add amendment intended to be proposed by the following: (c) TRANSFER OF AMOUNTS DESCRIBED.—The him to the bill S. 2943, to authorize ap- amounts described in this subsection are the SEC. 877. COMPTROLLER GENERAL REPORT ON propriations for fiscal year 2017 for SOLID ROCKET MOTOR (SRM) INDUS- following: TRIAL BASE FOR TACTICAL MIS- military activities of the Department (1) An amount equal to the fair market SILES. of Defense, for military construction, value of the real property of the St. Marys (a) IN GENERAL.—Not later than March 31, and for defense activities of the De- Airport, as determined by the Secretary and 2017, the Comptroller General of the United partment of Energy, to prescribe mili- concurred in by the Administrator, based on States shall submit to the congressional de- tary personnel strengths for such fiscal an appraisal report and title documentation fense committees a report on the solid rock- that— year, and for other purposes; which was et motor (SRM) industrial base for tactical (A) is prepared or adopted by the Sec- missiles. ordered to lie on the table; as follows: retary, and concurred in by the Adminis- (b) ELEMENTS.—The report required under At the end of subtitle I of title X, add the trator, not more than 180 days prior to the subsection (a) shall include the following ele- following: transfer described in subsection (b)(1); and ments:

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At the end of subtitle I of title X, add the ply chain diversification, past performance, ‘‘(B) STUDENT ADVISING AND RELATED SUP- following: and other evaluation factors, such as meet- PORT .—Access granted in accordance with ing offset obligations under foreign military paragraph (1)(A) shall be limited to face-to- SEC. 1097. NORTHERN BORDER THREAT ANAL- sales agreements. face student advisement and related support YSIS. (3) An assessment of the foreign-built por- services for such institution’s students who (a) DEFINITIONS.—In this section: tion of the United States SRM market and of are enrolled as of the date of the advisement (1) APPROPRIATE CONGRESSIONAL COMMIT- the effectiveness of actions taken by the De- and provision of related support services. TEES.—The term ‘‘appropriate congressional partment to address the declining state of ‘‘(C) TRANSITION ASSISTANCE PROGRAM.—Ac- the United States tactical SRM industrial cess granted in accordance with paragraph committees’’ means— base. (1)(B) shall be limited to face-to-face student (A) the Committee on Homeland Security advisement and related support services for and Governmental Affairs of the Senate; SA 4461. Mr. MANCHIN (for himself students and members of the armed forces (B) the Committee on Appropriations of the Senate; and Mr. TILLIS) submitted an amend- who have elected to participate in the higher ment intended to be proposed by him education track of the Transition Assistance (C) the Committee on the Judiciary of the Senate; to the bill S. 2943, to authorize appro- Program but shall not occur during the Transition Assistance Program. (D) the Committee on Armed Services of priations for fiscal year 2017 for mili- ‘‘(D) PROHIBITIONS.—Any institution of the Senate; tary activities of the Department of higher education granted installation access (E) the Committee on Homeland Security Defense, for military construction, and under this section shall be prohibited from of the House of Representatives; for defense activities of the Depart- engaging in any recruitment, marketing, or (F) the Committee on Appropriations of ment of Energy, to prescribe military advertising activities during such access. the House of Representatives; personnel strengths for such fiscal ‘‘(b) REGULATIONS.—The Secretary shall (G) the Committee on the Judiciary of the year, and for other purposes; which was prescribe in regulations the time and place House of Representatives; and of access granted pursuant to subsection (a). ordered to lie on the table; as follows: (H) the Committee on Armed Services of The regulations shall provide the following: the House of Representatives. Strike section 563 and insert the following: ‘‘(1) The opportunity for institutions of (2) NORTHERN BORDER.—The term ‘‘North- SEC. 563. ACCESS TO DEPARTMENT OF DEFENSE higher education to receive access at times ern Border’’ means the land and maritime INSTALLATIONS OF INSTITUTIONS and places that ensure opportunity for stu- borders between the United States and Can- OF HIGHER EDUCATION PROVIDING dents to obtain advising and support services ada. CERTAIN ADVISING AND STUDENT described in subsection (a) as best meets the SUPPORT SERVICES. needs of the military and members of the (b) IN GENERAL.—Not later than 180 days (a) IN GENERAL.—Chapter 101 of title 10, armed forces. after the date of the enactment of this Act, United States Code, is amended by inserting ‘‘(2) The opportunity for institutions of the Secretary of Homeland Security shall after section 2012 the following new section: higher education to receive access at times submit to the appropriate congressional ‘‘§ 2012a. Access to department of defense in- and places that ensure opportunity for mem- committees a Northern Border threat anal- stallations: institutions of higher education bers of the armed forces transitioning to life ysis that includes— providing certain advising and student after military service, as determined by the (1) current and potential terrorism and support services base transition officer concerned to best criminal threats posed by individuals and or- meet the needs of the military and members ‘‘(a) ACCESS.— ganized groups seeking— of the armed forces, to receive advising, stu- ‘‘(1) ACCESS TO BE PERMITTED.— (A) to enter the United States through the ‘‘(A) IN GENERAL.—The Secretary of De- dent support services, and education pursu- Northern Border; or fense may grant access to Department of De- ant to this section. (B) to exploit border vulnerabilities on the fense installations for the purpose of pro- ‘‘(c) DEFINITIONS.—In this section: Northern Border; viding at the installation concerned timely ‘‘(1) The term ‘Department of Defense edu- (2) improvements needed at and between face-to-face student advising and related cational assistance programs and authori- support services to members of the armed ties’ has the meaning given the term ‘De- ports of entry along the Northern Border— forces and other persons who are eligible for partment of Defense educational assistance (A) to prevent terrorists and instruments assistance under Department of Defense edu- programs and authorities covered by this of terrorism from entering the United cational assistance programs and authori- section’ in section 2006a(c)(1) of this title. States; and ties, in accordance with the limitations pro- ‘‘(2) The term ‘institution of higher edu- (B) to reduce criminal activity, as meas- vided under paragraph (2)(B), to any institu- cation’ has the meaning given that term in ured by the total flow of illegal goods, illicit tion of higher education that— section 2006a(c)(2) of this title. drugs, and smuggled and trafficked persons ‘‘(i) has entered into a Voluntary Edu- ‘‘(3) The term ‘Voluntary Education Part- moved in either direction across to the cation Partnership Memorandum of Under- nership Memorandum of Understanding’ has Northern Border; standing with the Department; the meaning given that term in Department (3) gaps in law, policy, cooperation between ‘‘(ii) is not in violation of the Department of Defense Instruction 1322.25, entitled ‘Vol- State, tribal, and local law enforcement, of Defense Voluntary Education Partnership untary Education Programs’, or any suc- international agreements, or tribal agree- Memorandum of Understanding that governs cessor Department of Defense Instruction.’’. ments that hinder effective and efficient bor- higher education activities on military in- (b) CLERICAL AMENDMENT.—The table of der security, counter-terrorism, anti-human stallations and complies with the regula- sections at the beginning of chapter 101 of smuggling and trafficking efforts, and the tions related to substantial misrepresenta- such title is amended by inserting after the flow of legitimate trade along the Northern tion promulgated pursuant to section item relating to section 2012 the following Border; and 487(c)(3) of the Higher Education Act of 1965 new item: (4) whether additional U.S. Customs and (20 U.S.C. 1094(c)(3)); and ‘‘2012a. Access to Department of Defense in- Border Protection preclearance and ‘‘(iii) has received approval for such access stallations: institutions of preinspection operations at ports of entry by the educational service office of the in- higher education providing cer- along the Northern Border could help pre- stallation concerned. tain advising and student sup- vent terrorists and instruments of terror ‘‘(B) TRANSITION ASSISTANCE PROGRAM.— port services.’’. from entering the United States. The Secretary of Defense may grant access (c) ANALYSIS REQUIREMENTS.—For the to Department of Defense installations for SA 4462. Ms. HEITKAMP (for herself the purpose of educating members of the threat analysis required under subsection armed forces about education and employ- and Ms. AYOTTE) submitted an amend- (b), the Secretary of Homeland Security ment after military service as part of the ment intended to be proposed by her to shall consider and examine— Transition Assistance Program to any insti- the bill S. 2943, to authorize appropria- (1) technology needs and challenges; tution of higher education that meets the tions for fiscal year 2017 for military (2) personnel needs and challenges;

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(3) the role of State, tribal, and local law (2) ELEMENTS.—The market survey and as- vidual consistent with the national security enforcement in general border security ac- sessment required under paragraph (1) shall and foreign policy interests of the United tivities; include— States. (4) the need for cooperation among Fed- (A) specific details regarding the capabili- (6) The Secretary of State is ordered to ex- eral, State, tribal, local, and Canadian law ties of current minehunting sonar and in- peditiously pursue and direct negotiations enforcement entities relating to border secu- production synthetic aperture sonar sensors and diplomatic efforts with foreign govern- rity; available for integration on the Littoral ments as are necessary and appropriate to (5) the terrain, population density, and cli- Combat Ship; implement Executive Order 13492. mate along the Northern Border; and (B) an assessment of the capabilities (7) Since 2009, the Department of State has (6) the needs and challenges of Department achieved by integrating synthetic aperture played a substantial role in the review and of Homeland Security facilities, including sonar sensors on the Littoral Combat Ship; transfer of enemy combatants from the juris- the physical approaches to such facilities. and diction of the United States to the custody (d) CLASSIFIED THREAT ANALYSIS.—To the (C) recommendations to enhance the or control of foreign governments through extent possible, the Secretary of Homeland minehunting capabilities of the Littoral the appointment of a Special Envoy for Security shall submit the threat analysis re- Combat Ship minehunting mission using Guantanamo Closure. quired under subsection (b) in unclassified conventional sonar systems and synthetic (8) President Obama has released numerous form. The Secretary may submit a portion of aperture sonar systems. detainees from Guantanamo Bay since tak- the threat analysis in classified form if the (c) ASSESSMENT REQUIRED.—The Secretary ing office, some of whom are known or sus- Secretary determines that such form is ap- of the Navy shall perform at-sea testing of pected to have reengaged in terrorist activ- propriate for that portion. conventional side-scan sonar systems and ity. synthetic aperture sonar systems to deter- (9) The transfer of individuals from Guan- SA 4463. Mr. SCHUMER submitted an mine which systems can meet the require- tanamo Bay to foreign countries sharply in- amendment intended to be proposed by ments of the Navy minehunting counter- creased from 2014 to 2016, bringing the num- him to the bill S. 2943, to authorize ap- measure mission package. ber of detainees remaining at Guantanamo propriations for fiscal year 2017 for (d) SONAR SYSTEM DEFINED.—In this sec- Bay to less than 100. tion, the term ‘‘sonar system’’ includes, at a military activities of the Department (10) The administration often transfers de- minimum, conventional side-scan sonar tainees to countries in close proximity to of Defense, for military construction, technologies and synthetic aperture sonar their countries of origin. In some cases, pris- and for defense activities of the De- technologies. oners have been relocated within blocks of partment of Energy, to prescribe mili- United States diplomatic facilities located in tary personnel strengths for such fiscal SA 4464. Mr. JOHNSON submitted an countries with governments that have pub- year, and for other purposes; which was amendment intended to be proposed by licly stated no intention to monitor or re- ordered to lie on the table; as follows: him to the bill S. 2943, to authorize ap- strict travel of potentially dangerous former detainees or that otherwise lack the capac- At the end of subtitle C of title I, add the propriations for fiscal year 2017 for ity to mitigate threat potential. following: military activities of the Department of Defense, for military construction, (11) The administration is required to no- SEC. 128. TESTING AND INTEGRATION OF tify Congress of its intent to transfer indi- MINEHUNTING SONARS FOR LIT- and for defense activities of the De- TORAL COMBAT SHIP MINE HUNT- viduals detained at Guantanamo pursuant to partment of Energy, to prescribe mili- section 1034 of the National Defense Author- ING CAPABILITIES. tary personnel strengths for such fiscal (a) FINDINGS.—Congress makes the fol- ization Act for Fiscal Year 2016 (Public Law lowing findings: year, and for other purposes; which was 114–92) and certify that among other things, (1) The Department of the Navy has deter- ordered to lie on the table; as follows: the foreign country to which the individual mined that the Remote Minehunting system Strike section 1027 and insert the fol- is proposed to be transferred has taken or (RMS) has not performed satisfactorily and lowing: agreed to take appropriate steps to substan- that the program will be restructured to ac- SEC. 1027. UNCLASSIFIED NOTICE AND MEMO- tially mitigate any risk the individual could celerate a less capable variant on the RMS RANDUM OF UNDERSTANDING BE- attempt to reengage in terrorist activity or into the Littoral Combat Ship. TWEEN THE UNITED STATES AND otherwise threaten the United States or its (2) On February 26, 2016, Secretary of the THE FOREIGN COUNTRY OR ENTITY allies or interests. CONCERNED BEFORE TRANSFER OF Navy Ray Mabus stated that new testing (12) While not required by law, the admin- ANY DETAINEE AT UNITED STATES istration has classified these notifications so must be done to find a permanent solution to NAVAL STATION, GUANTANAMO BAY, the mine countermeasures mission package CUBA, TO A FOREIGN COUNTRY OR that only a small number of individuals are and that the Navy wants to ‘‘get it out there ENTITY. able to know their contents. as quickly as you can and test it in a more (a) FINDINGS.—Congress makes the fol- (13) The information contained in such a realistic environment’’. lowing findings: notice does not warrant classification, given (3) Restructuring a program the Depart- (1) The detention facilities at United that third-party nations and the detainees ment of the Navy has determined will be dis- States Naval Station, Guantanamo Bay, themselves possess such information. continued is not the best use of taxpayer dol- Cuba, were established in 2002 for the pur- (14) The decision to classify the notice and lars. pose of detaining those who plan, authorize, certification results in a process that is not (4) There are several mature unmanned commit, or aid in the planning, authorizing, transparent, thereby preventing the Amer- surface vehicle-towed and unmanned under- or committing of acts of terrorism against ican public from knowing pertinent informa- water vehicle-based synthetic aperture so- the United States. tion about the release of these individuals. nars sensors (SAS) in use by navies of allied (2) The facilities have detained individuals (b) SENSE OF CONGRESS.—It is the sense of nations. who have killed, maimed, or otherwise Congress that— (5) SAS sensors are currently in operation harmed innocent civilians and members of (1) the people of the United States deserve and performing well. the United States Armed Forces, as well as to know who is being released from the de- (6) SAS sensors provide a technology that combatants who have received specialized tention facilities at United States Naval Sta- is operational and ready to meet the Littoral training in the conduct and facilitation of tion, Guantanamo Bay, Cuba, their countries Combat Ship minehunting area clearance acts of terrorism against the United States, of origin, their destinations, and the ability rate sustained requirement. its citizens, and its allies. This includes 9/11 of the host nation to prevent recidivism; and (b) REPORT TO CONGRESS.— mastermind Khalid Sheik Mohammed and (2) the people of the United States deserve (1) IN GENERAL.—Not later than September scores of other known terrorists. transparency in the manner in which the 30, 2018, the Secretary of the Navy shall— (3) The location of the detention facilities Obama Administration complies with Execu- (A) conduct operational at-sea testing and at Guantanamo Bay protects the United tive Order 13492. experimentation of those currently available States, its citizens, and its allies. No pris- (c) NOTICE REQUIRED.—Not less than 30 and deployed United States and allied con- oner has ever escaped from Guantanamo days prior to the transfer of any individual ventional side-scan sonar and synthetic aper- Bay. detained at Guantanamo to the custody or ture sonar; (4) On January 22, 2009, President Barack control of the individual’s country of origin, (B) complete an assessment of all Obama issued Executive Order 13492 ordering any other foreign country, or any other for- minehunting sonar technologies that can the closure of the detention facilities at eign entity, the Secretary of Defense shall, meet the mine countermeasures mission Guantanamo Bay, consistent with the na- in consultation with the Secretary of State, package (MCM MP); and tional security and foreign policy interests submit to the appropriate committees of (C) submit to the congressional defense of the United States and the interests of jus- Congress an unclassified notice that in- committees a report that contains the find- tice. cludes— ings of the at-sea testing and experimen- (5) Executive Order 13492 directs the De- (1) the name, country of origin, and coun- tation and market survey of all capable tech- partment of State to participate in the re- try of destination of the individual; nologies found suitable for performing the view of each detainee to determine whether (2) the number of individuals detained at Littoral Combat Ship minehunting mission. it is possible to transfer or release the indi- Guantanamo previously transferred to the

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.033 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3553 country to which the individual is proposed tary personnel strengths for such fiscal with other relevant executive agencies and to be transferred; and year, and for other purposes; which was relevant owners and operators of critical in- (3) the number of such individuals who are ordered to lie on the table; as follows: frastructure, shall, to the extent practicable, known or suspected to have reengaged in ter- conduct research and development to miti- At the end of subtitle I of title X, add the rorist activity after being transferred to that gate the consequences of threats of EMP and following: country. GMD. SEC. 1097. CRITICAL INFRASTRUCTURE PROTEC- (d) BRIEFING.—The Secretary of Defense ‘‘(b) SCOPE.—The scope of the research and TION ACT. shall brief the appropriate committees of development under subsection (a) shall in- (a) SHORT TITLE.—This section may be Congress within 5 days of transmitting the clude the following: cited as the ‘‘Critical Infrastructure Protec- notice required by subsection (c). Such brief- ‘‘(1) An objective scientific analysis— tion Act of 2016’’ or the ‘‘CIPA’’. ing shall include an explanation of why the ‘‘(A) evaluating the risks to critical infra- (b) EMP AND GMD PLANNING, RESEARCH destination country was chosen for the structures from a range of threats of EMP AND DEVELOPMENT, AND PROTECTION AND PRE- transferee and an overview of countries and GMD; and PAREDNESS.— being considered for future transfers. ‘‘(B) which shall— (1) IN GENERAL.—The Homeland Security (e) MEMORANDUM OF UNDERSTANDING.—Sec- Act of 2002 (6 U.S.C. 101 et seq.) is amended— ‘‘(i) be conducted in conjunction with the tion 1034(b) of the National Defense Author- Office of Intelligence and Analysis; and ization Act for Fiscal Year 2016 (129 Stat. 969; (A) in section 2 (6 U.S.C. 101)— (i) by redesignating paragraphs (9) through ‘‘(ii) include a review and comparison of 10 U.S.C. 801 note) is amended— the range of threats and hazards facing crit- (1) in paragraph (3), by striking ‘‘and’’ at (18) as paragraphs (11) through (20), respec- tively; ical infrastructure of the electric grid. the end; ‘‘(2) Determination of the critical utilities (2) by redesignating paragraph (4) as para- (ii) by redesignating paragraphs (7) and (8) as paragraphs (8) and (9), respectively; and national security assets and infrastruc- graph (5); and tures that are at risk from threats of EMP (3) by inserting after paragraph (3) the fol- (iii) by inserting after paragraph (6) the following: and GMD. lowing new paragraph (4): ‘‘(3) An evaluation of emergency planning ‘‘(4) both— ‘‘(7) The term ‘EMP’ means an electro- magnetic pulse caused by a nuclear device or and response technologies that would ad- ‘‘(A) the United States Government, on the dress the findings and recommendations of one hand, and the government of the foreign nonnuclear device, including such a pulse caused by an act of terrorism.’’; and experts, including those of the Commission country or the recognized leadership of the to Assess the Threat to the United States foreign entity, on the other hand, have en- (iv) by inserting after paragraph (9), as so redesignated, the following: from Electromagnetic Pulse Attack, which tered into a written memorandum of under- shall include a review of the feasibility of— standing (MOU) regarding the transfer of the ‘‘(10) The term ‘GMD’ means a geo- magnetic disturbance caused by a solar ‘‘(A) rapidly isolating 1 or more portions of individual; and the electrical grid from the main electrical ‘‘(B) the memorandum of understanding— storm or another naturally occurring phe- nomenon.’’; grid; and ‘‘(i) has been transmitted to the appro- ‘‘(B) training utility and transmission op- priate committees of Congress in unclassi- (B) in section 201(d) (6 U.S.C. 121(d)), by adding at the end the following: erators to deactivate transmission lines fied form (unless the Secretary determines within seconds of an event constituting a that the memorandum of understanding ‘‘(26)(A) To conduct an intelligence-based review and comparison of the risk and con- threat of EMP or GMD. must be transmitted to the appropriate com- ‘‘(4) An analysis of technology options that mittees of Congress in classified form and, sequence of threats and hazards, including GMD and EMP, facing critical infrastruc- are available to improve the resiliency of upon making such determination, submits to critical infrastructure to threats of EMP and Congress a detailed unclassified report ex- tures, and prepare and submit to the Com- mittee on Homeland Security and Govern- GMD, which shall include an analysis of neu- plaining why the memorandum of under- tral current blocking devices that may pro- standing is being kept classified); and mental Affairs of the Senate and the Com- mittee on Homeland Security of the House of tect high-voltage transmission lines. ‘‘(ii) includes an assessment of the capac- ‘‘(5) The restoration and recovery capabili- ity, willingness, and past practices (if appli- Representatives— ‘‘(i) a recommended strategy to protect ties of critical infrastructure under differing cable) of the foreign country or foreign enti- levels of damage and disruption from various ty, as the case may be, with respect to the and prepare the critical infrastructure of the American homeland against threats of EMP threats of EMP and GMD, as informed by the matters certified by the Secretary pursuant objective scientific analysis conducted under to paragraphs (2) and (3) that has been trans- and GMD, including from acts of terrorism; and paragraph (1). mitted to the appropriate committee of Con- ‘‘(6) An analysis of the feasibility of a real- gress in unclassified form (unless the Sec- ‘‘(ii) not less frequently than every 2 years, updates of the recommended strategy. time alert system to inform electric grid op- retary determines that the assessment must erators and other stakeholders within milli- be transmitted to the appropriate commit- ‘‘(B) The recommended strategy under sub- paragraph (A) shall— seconds of a high-altitude nuclear explo- tees of Congress in classified form and, upon sion.’’; and making such determination, submits to Con- ‘‘(i) be based on findings of the research and development conducted under section (D) in title V (6 U.S.C. 311 et seq.), by add- gress a detailed unclassified report explain- ing at the end the following: ing why the assessment is being kept classi- 319; ‘‘(ii) be developed in consultation with the ‘‘SEC. 527. NATIONAL PLANNING AND EDU- fied); and’’. CATION. (f) RULE OF CONSTRUCTION.—Nothing in this relevant Federal sector-specific agencies (as defined under Presidential Policy Directive– ‘‘(a) IN GENERAL.—The Secretary shall, to section shall be construed to be inconsistent the extent practicable— with the requirements of section 1034 of the 21) for critical infrastructures; ‘‘(iii) be developed in consultation with the ‘‘(1) develop an incident annex or similar National Defense Authorization Act for Fis- response and planning strategy that guides cal Year 2016. relevant sector coordinating councils for critical infrastructures; the response to a major GMD or EMP event; (g) DEFINITIONS.—In this section: and (1) The term ‘‘appropriate committees of ‘‘(iv) be informed, to the extent prac- ticable, by the findings of the intelligence- ‘‘(2) conduct outreach to educate owners Congress’’ means— and operators of critical infrastructure, (A) the Committee on Armed Services, the based review and comparison of the risk and consequence of threats and hazards, includ- emergency planners, and emergency re- Committee on Appropriations, and the Com- sponse providers at all levels of government mittee on Foreign Relations of the Senate; ing GMD and EMP, facing critical infrastruc- tures conducted under subparagraph (A); and regarding threats of EMP and GMD. and ‘‘(b) EXISTING ANNEXES AND PLANS.—The ‘‘(v) be submitted in unclassified form, but (B) the Committee on Armed Services, the incident annex or response and planning may include a classified annex. Committee on Appropriations, and the Com- strategy developed under subsection (a)(1) ‘‘(C) The Secretary may, if appropriate, in- mittee on Foreign Affairs of the House of may be incorporated into existing incident corporate the recommended strategy into a Representatives. annexes or response plans.’’. broader recommendation developed by the (2) The term ‘‘individual detained at Guan- (2) TECHNICAL AND CONFORMING AMEND- Department to help protect and prepare crit- tanamo’’ has the meaning given such term in MENTS.— ical infrastructure from terrorism, cyber at- section 1034(f)(2) of the National Defense Au- (A) The table of contents in section 1(b) of tacks, and other threats and hazards if, as thorization Act for Fiscal Year 2016. the Homeland Security Act of 2002 is amend- incorporated, the recommended strategy ed— Mr. JOHNSON submitted an complies with subparagraph (B).’’; SA 4465. (i) by inserting after the item relating to (C) in title III (6 U.S.C. 181 et seq.), by add- amendment intended to be proposed by section 317 the following: ing at the end the following: him to the bill S. 2943, to authorize ap- ‘‘Sec. 319. GMD and EMP mitigation re- propriations for fiscal year 2017 for ‘‘SEC. 319. GMD AND EMP MITIGATION RESEARCH AND DEVELOPMENT. search and development.’’; and military activities of the Department ‘‘(a) IN GENERAL.—In furtherance of domes- (ii) by inserting after the item relating to of Defense, for military construction, tic preparedness and response, the Secretary, section 525 the following: and for defense activities of the De- acting through the Under Secretary for ‘‘Sec. 526. Integrated Public Alert and Warn- partment of Energy, to prescribe mili- Science and Technology, and in consultation ing System modernization.

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0655 E:\CR\FM\A07JN6.033 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3554 CONGRESSIONAL RECORD — SENATE June 7, 2016 ‘‘Sec. 527. National planning and edu- National Defense Authorization Act for Fis- (E) With respect to veterans receiving cation.’’. cal Year 2017, and annually thereafter, the treatment for opioid abuse— (B) Section 501(13) of the Homeland Secu- Director of National Intelligence shall sub- (i) the average number of times veterans rity Act of 2002 (6 U.S.C. 311(13)) is amended mit to the appropriate congressional com- reported abusing opioids before beginning by striking ‘‘section 2(11)(B)’’ and inserting mittees an update of the assessment required such treatment; and ‘‘section 2(13)(B)’’. by subsection (a).’’. (ii) the main reasons reported to the De- (C) Section 712(a) of title 14, United States partment by veterans as to how they came to Code, is amended by striking ‘‘section 2(16) SA 4467. Mr. JOHNSON submitted an receive such treatment, including self-refer- of the Homeland Security Act of 2002 (6 amendment intended to be proposed by ral or recommendation by a physician or U.S.C. 101(16))’’ and inserting ‘‘section 2 of him to the bill S. 2943, to authorize ap- family member. the Homeland Security Act of 2002 (6 U.S.C. propriations for fiscal year 2017 for (c) PERSONAL INFORMATION.—The Secretary 101)’’. military activities of the Department shall ensure that personal information con- (3) DEADLINE FOR INITIAL RECOMMENDED nected to information published under sub- STRATEGY.—Not later than 1 year after the of Defense, for military construction, section (a) is protected from disclosure as re- date of enactment of this Act, the Secretary and for defense activities of the De- quired by applicable law. of Homeland Security shall submit the rec- partment of Energy, to prescribe mili- (d) COMPTROLLER GENERAL REPORT.—Not ommended strategy required under para- tary personnel strengths for such fiscal later than 180 days after the date of the en- graph (26) of section 201(d) of the Homeland year, and for other purposes; which was actment of this Act, the Comptroller General Security Act of 2002 (6 U.S.C. 121(d)), as ordered to lie on the table; as follows: of the United States shall submit to Con- added by this section. gress a report setting forth recommenda- At the end of subtitle I of title X, add the (4) REPORT.—Not later than 180 days after tions for additional elements to be included following: the date of enactment of this Act, the Sec- with the information published under sub- retary of Homeland Security shall submit to SEC. 1097. PUBLICATION OF INFORMATION ON section (a) to improve the evaluation and as- Congress a report describing the progress PROVISION OF HEALTH CARE BY DE- PARTMENT OF VETERANS AFFAIRS sessment of the safety and health of individ- made in, and an estimated date by which the AND ABUSE OF OPIOIDS BY VET- uals receiving health care under the laws ad- Department of Homeland Security will have ERANS. ministered by the Secretary and the quality completed— (a) PUBLICATION OF INFORMATION.—Not of health care received by such individuals. (A) including threats of EMP and GMD (as later than 180 days after the date of the en- those terms are defined in section 2 of the actment of this Act, and not less frequently SA 4468. Mr. JOHNSON submitted an Homeland Security Act of 2002, as amended than once every 180 days thereafter, the Sec- amendment intended to be proposed by by this section) in national planning, as de- retary of Veterans Affairs shall publish on a him to the bill S. 2943, to authorize ap- scribed in section 527 of the Homeland Secu- publicly available Internet website of the propriations for fiscal year 2017 for rity Act of 2002, as added by this section; Department of Veterans Affairs information (B) research and development described in military activities of the Department on the provision of health care by the De- of Defense, for military construction, section 319 of the Homeland Security Act of partment and the abuse of opioids by vet- 2002, as added by this section; erans. and for defense activities of the De- (C) development of the recommended strat- (b) ELEMENTS.— partment of Energy, to prescribe mili- egy required under paragraph (26) of section (1) HEALTH CARE.— tary personnel strengths for such fiscal 201(d) of the Homeland Security Act of 2002 (6 (A) IN GENERAL.—Each publication re- year, and for other purposes; which was U.S.C. 121(d)), as added by this section; and quired by subsection (a) shall include, with ordered to lie on the table; as follows: (D) beginning to conduct outreach to edu- respect to each medical facility of the De- At the end, add the following: cate emergency planners and emergency re- partment during the 180-day period preceding sponse providers at all levels of government such publication, the following: DIVISION F—WHISTLEBLOWER regarding threats of EMP and GMD events. (i) The average number of patients seen per PROTECTIONS (c) NO REGULATORY AUTHORITY.—Nothing month by each primary care physician. SEC. 6001. SHORT TITLE. in this section, including the amendments (ii) The average length of stay for inpa- This division may be cited as the ‘‘Dr. made by this section, shall be construed to tient care. Chris Kirkpatrick Whistleblower Protection grant any regulatory authority. (iii) A description of any hospital-acquired Act of 2016’’. (d) NO NEW AUTHORIZATION OF APPROPRIA- condition acquired by a patient. TITLE LXI—EMPLOYEES GENERALLY TIONS.—This section, including the amend- (iv) The rate of readmission of patients ments made by this section, may be carried within 30 days of release. SEC. 6101. DEFINITIONS. out only by using funds appropriated under (v) The rate at which opioids are prescribed In this title— the authority of other laws. to each patient. (1) the terms ‘‘agency’’ and ‘‘personnel ac- (vi) The average wait time for emergency tion’’ have the meanings given such terms SA 4466. Mr. JOHNSON submitted an room treatment. under section 2302 of title 5, United States amendment intended to be proposed by (vii) A description of any scheduling back- Code; and him to the bill S. 2943, to authorize ap- log with respect to patient appointments. (2) the term ‘‘employee’’ means an em- ployee (as defined in section 2105 of title 5, propriations for fiscal year 2017 for (B) ADDITIONAL ELEMENTS.—The Secretary United States Code) of an agency. military activities of the Department may include in each publication required by of Defense, for military construction, subsection (a) such additional information SEC. 6102. STAYS; PROBATIONARY EMPLOYEES. and for defense activities of the De- on the safety of medical facilities of the De- (a) REQUEST BY SPECIAL COUNSEL.—Section partment, health outcomes at such facilities, 1214(b)(1) of title 5, United States Code, is partment of Energy, to prescribe mili- and quality of care at such facilities as the amended by adding at the end the following: tary personnel strengths for such fiscal Secretary considers appropriate. ‘‘(E) If the Merit Systems Protections year, and for other purposes; which was (C) SEARCHABILITY.—The Secretary shall Board grants a stay under this subsection, ordered to lie on the table; as follows: ensure that information described in sub- the head of the agency employing the em- At the end of subtitle E of title XII, add paragraph (A) that is included on the Inter- ployee shall give priority to a request for a the following: net website required by subsection (a) is transfer submitted by the employee.’’. searchable by State, city, and facility. (b) INDIVIDUAL RIGHT OF ACTION FOR PROBA- SEC. 1236. ANNUALLY UPDATED ASSESSMENTS ON FUNDING OF POLITICAL PARTIES (2) OPIOID ABUSE BY VETERANS.—Each publi- TIONARY EMPLOYEES.—Section 1221 of title 5, AND NONGOVERNMENTAL ORGANI- cation required by subsection (a) shall in- United States Code, is amended by adding at ZATIONS BY THE RUSSIAN FEDERA- clude, for the 180-day period preceding such the end the following: TION. publication, the following information: ‘‘(k) If the Merit Systems Protection Board Section 502 of the Intelligence Authoriza- (A) The number of veterans prescribed grants a stay to an employee in probationary tion Act for Fiscal Year 2016 (division M of opioids by health care providers of the De- status under subsection (c), the head of the Public Law 114–113; 29 Stat. 2924) is amend- partment. agency employing the employee shall give ed— (B) A comprehensive list of all facilities of priority to a request for a transfer submitted (1) by redesignating subsections (b) and (c) the Department offering an opioid treatment by the employee.’’. as subsections (c) and (d), respsectively; program, including details on the types of (c) STUDY REGARDING RETALIATION AGAINST (2) in subsection (c), as redesignated by services available at each facility. PROBATIONARY EMPLOYEES.—The Comp- paragraph (1), by inserting ‘‘and each update (C) The number of veterans treated by a troller General of the United States shall required by subsection (b)’’ after ‘‘subsection health care provider of the Department for submit to the Committee on Homeland Secu- (a)’’; and opioid abuse. rity and Governmental Affairs of the Senate (3) by inserting after subsection (a), the (D) Of the veterans described in subpara- and the Committee on Oversight and Govern- following: graph (C), the number treated for opioid ment Reform of the House of Representa- ‘‘(b) ANNUAL UPDATE.—Not later than 180 abuse in conjunction with posttraumic stress tives a report discussing retaliation against days after the date of the enactment of the disorder, depression, or anxiety. employees in probationary status.

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.031 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3555 SEC. 6103. ADEQUATE ACCESS OF SPECIAL COUN- termines that such evidence is not sufficient (A) Section 4505a(b)(2) of title 5, United SEL TO INFORMATION. to reverse the proposed adverse action, the States Code, is amended by striking ‘‘section Section 1212(b) of title 5, United States head of the agency shall carry out the ad- 2302(d)’’ and inserting ‘‘section 2302(c)’’. Code, is amended by adding at the end the verse action. (B) Section 5755(b)(2) of title 5, United following: ‘‘(C) SCOPE OF PROCEDURES.—Paragraphs (1) States Code, is amended by striking ‘‘section ‘‘(5) The Special Counsel, in carrying out and (2) of subsection (b) of section 7513, sub- 2302(d)’’ and inserting ‘‘section 2302(c)’’. this subchapter, is authorized to— section (c) of such section, paragraphs (1) (C) Section 110(b)(2) of the Whistleblower ‘‘(A) have access to all records, reports, au- and (2) of subsection (b) of section 7543, and Protection Enhancement Act of 2012 (5 dits, reviews, documents, papers, rec- subsection (c) of such section shall not apply U.S.C. 2302 note) is amended by striking ommendations, or other material available with respect to an adverse action carried out ‘‘section 2303(f)(1) or (2)’’ and inserting ‘‘sec- to the applicable agency which relate to a under this subsection. tion 2303(e)(1) or (2)’’. matter within the jurisdiction or authority ‘‘(c) LIMITATION ON OTHER ADVERSE AC- (D) Section 704 of the Homeland Security of the Special Counsel; and TIONS.—With respect to a prohibited per- Act of 2002 (6 U.S.C. 344) is amended by strik- ‘‘(B) request from any agency such infor- sonnel action, if the head of the agency car- ing ‘‘2302(c)’’ each place it appears and in- mation or assistance as may be necessary for ries out an adverse action against a super- serting ‘‘2307’’. carrying out the duties and responsibilities visor under another provision of law, the (E) Section 1217(d)(3) of the Panama Canal of the Special Counsel under this sub- head of the agency may carry out an addi- Act of 1979 (22 U.S.C. 3657(d)(3)) is amended chapter.’’. tional adverse action under this section by striking ‘‘section 2302(d)’’ and inserting SEC. 6104. PROHIBITED PERSONNEL PRACTICES. based on the same prohibited personnel ac- ‘‘section 2302(c)’’. Section 2302(b) of title 5, United States tion.’’. (F) Section 1233(b) of the Panama Canal Code, is amended— (b) TECHNICAL AND CONFORMING AMEND- Act of 1979 (22 U.S.C. 3673(b)) is amended by (1) in paragraph (12), by striking ‘‘or’’ at MENT.—The table of sections for subchapter striking ‘‘section 2302(d)’’ and inserting ‘‘sec- II of chapter 75 of title 5, United States Code, the end; tion 2302(c)’’. is amended by adding at the end the fol- (2) in paragraph (13), by striking the period (b) PROVISION OF INFORMATION.—Chapter 23 lowing: at the end and inserting ‘‘; or’’; and of title 5, United States Code, is amended by (3) by inserting after paragraph (13) the fol- ‘‘7515. Discipline of supervisors based on re- adding at the end the following: lowing: taliation against whistle- ‘‘§ 2307. Information on whistleblower protec- ‘‘(14) access the medical record of another blowers.’’. tions SEC. 6106. SUICIDE BY EMPLOYEES. employee for the purpose of retaliation for a ‘‘(a) DEFINITIONS.—In this section— (a) REFERRAL.—The head of an agency disclosure or activity protected under para- ‘‘(1) the term ‘agency’ has the meaning shall refer to the Office of Special Counsel, graph (8) or (9).’’. given that term in section 2302; along with any information known to the SEC. 6105. DISCIPLINE OF SUPERVISORS BASED ‘‘(2) the term ‘new employee’ means an in- agency regarding the circumstances de- ON RETALIATION AGAINST WHISTLE- dividual— scribed in paragraphs (2) and (3), any in- BLOWERS. ‘‘(A) appointed to a position as an em- (a) IN GENERAL.—Subchapter II of chapter stance in which the head of the agency has information indicating— ployee of an agency on or after the date of 75 of title 5, United States Code, is amended enactment of the Dr. Chris Kirkpatrick by adding at the end the following: (1) an employee of the agency committed suicide; Whistleblower Protection Act of 2016; and ‘‘§ 7515. Discipline of supervisors based on re- (2) prior to the death of the employee, the ‘‘(B) who has not previously served as an taliation against whistleblowers employee made any disclosure of informa- employee; and ‘‘(a) DEFINITIONS.—In this section— tion which reasonably evidences— ‘‘(3) the term ‘whistleblower protections’ ‘‘(1) the term ‘agency’ means an entity (A) any violation of any law, rule, or regu- means the protections against and remedies that is an agency, as defined under section lation; or for a prohibited personnel practice described 2302, without regard to whether any other (B) gross mismanagement, a gross waste of in paragraph (8), subparagraph (A)(i), (B), provision of this chapter is applicable to the funds, an abuse of authority, or a substantial (C), or (D) of paragraph (9), or paragraph (14) entity; and specific danger to public health or safe- of section 2302(b). ‘‘(b) RESPONSIBILITIES OF HEAD OF AGEN- ‘‘(2) the term ‘prohibited personnel action’ ty; and CY.—The head of each agency shall be re- means taking or failing to take an action in (3) after a disclosure described in para- sponsible for the prevention of prohibited violation of paragraph (8), (9), or (14) of sec- graph (2), a personnel action was taken tion 2302(b) against an employee of an agen- personnel practices, for the compliance with against the employee. and enforcement of applicable civil service cy; and (b) OFFICE OF SPECIAL COUNSEL REVIEW.— laws, rules, and regulations, and other as- ‘‘(3) the term ‘supervisor’ means an em- For any referral to the Office of Special pects of personnel management, and for en- ployee of an agency who would be a super- Counsel under subsection (a), the Office of suring (in consultation with the Special visor, as defined under section 7103(a), if this Special Counsel shall— Counsel and the Inspector General of the chapter applied to the agency employing the (1) examine whether any personnel action agency) that employees of the agency are in- employee. was taken because of any disclosure of infor- formed of the rights and remedies available ‘‘(b) PROPOSED ADVERSE ACTIONS.— mation described in subsection (a)(2); and to them under this chapter and chapter 12, ‘‘(1) IN GENERAL.—In accordance with para- (2) take any action the Office of Special including— graph (2), the head of an agency shall pro- Counsel determines appropriate under sub- ‘‘(1) information regarding whistleblower pose against a supervisor whom the head of chapter II of chapter 12 of title 5, United protections available to new employees dur- that agency, an administrative law judge, States Code. ing the probationary period; the Merit Systems Protection Board, the Of- SEC. 6107. TRAINING FOR SUPERVISORS. ‘‘(2) the role of the Office of Special Coun- fice of Special Counsel, an adjudicating body In consultation with the Office of Special sel and the Merit Systems Protection Board provided under a union contract, a Federal Counsel and the Inspector General of the with regard to whistleblower protections; judge, or the Inspector General of the agency agency (or senior ethics official of the agen- and determines committed a prohibited per- cy for an agency without an Inspector Gen- ‘‘(3) how to make a lawful disclosure of in- sonnel action the following adverse actions: eral), the head of each agency shall provide formation that is specifically required by ‘‘(A) With respect to the first prohibited training regarding how to respond to com- law or Executive order to be kept classified personnel action, an adverse action that is plaints alleging a violation of whistleblower in the interest of national defense or the not less than a 12-day suspension. protections (as defined in section 2307 of title conduct of foreign affairs to the Special ‘‘(B) With respect to the second prohibited 5, United States Code, as added by this title) Counsel, the Inspector General of an agency, personnel action, removal. available to employees of the agency— Congress, or other agency employee des- ‘‘(2) PROCEDURES.— (1) to employees appointed to supervisory ignated to receive such disclosures. ‘‘(A) NOTICE.—A supervisor against whom positions in the agency who have not pre- ‘‘(c) TIMING.—The head of each agency an adverse action under paragraph (1) is pro- viously served as a supervisor; and shall ensure that the information required to posed is entitled to written notice. (2) on an annual basis, to all employees of be provided under subsection (b) is provided ‘‘(B) ANSWER AND EVIDENCE.— the agency serving in a supervisory position. to each new employee of the agency not later ‘‘(i) IN GENERAL.—A supervisor who is noti- SEC. 6108. INFORMATION ON WHISTLEBLOWER than 6 months after the date the new em- fied under subparagraph (A) that the super- PROTECTIONS. ployee is appointed. visor is the subject of a proposed adverse ac- (a) EXISTING PROVISION.— ‘‘(d) INFORMATION ONLINE.—The head of tion under paragraph (1) is entitled to 14 (1) IN GENERAL.—Section 2302 of title 5, each agency shall make available informa- days following such notification to answer United States Code, is amended— tion regarding whistleblower protections ap- and furnish evidence in support of the an- (A) by striking subsection (c); and plicable to employees of the agency on the swer. (B) by redesignating subsections (d), (e), public website of the agency, and on any on- ‘‘(ii) NO EVIDENCE.—After the end of the 14- and (f) as subsections (c), (d), and (e), respec- line portal that is made available only to day period described in clause (i), if a super- tively. employees of the agency if one exists. visor does not furnish evidence as described (2) TECHNICAL AND CONFORMING AMEND- ‘‘(e) DELEGEES.—Any employee to whom in clause (i) or if the head of the agency de- MENTS.— the head of an agency delegates authority

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.034 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3556 CONGRESSIONAL RECORD — SENATE June 7, 2016 for personnel management, or for any aspect threats from individuals receiving health sian Gulf, the Arabian Sea, or the Mediterra- thereof, shall, within the limits of the scope care from the Department of Veterans Af- nean Sea in order to deter and counter illicit of the delegation, be responsible for the ac- fairs directed towards employees of the De- smuggling and related maritime activity by tivities described in subsection (b).’’. partment who are providing such health Iran, including illicit Iranian weapons ship- (c) TECHNICAL AND CONFORMING AMEND- care. ments. MENT.—The table of sections for chapter 23 of SEC. 6204. COMPTROLLER GENERAL OF THE (b) AUTHORITY.— title 5, United States Code, is amended by UNITED STATES STUDY ON AC- (1) IN GENERAL.—To carry out the purpose adding at the end the following: COUNTABILITY OF CHIEFS OF PO- of this section as described in subsection (a), ‘‘2307. Information on whistleblower protec- LICE OF DEPARTMENT OF VET- the Secretary of Defense, with the concur- tions.’’. ERANS AFFAIRS MEDICAL CENTERS. rence of the Secretary of State, is author- The Comptroller General of the United TITLE LXII—DEPARTMENT OF VETERANS ized— States shall conduct a study to assess the re- AFFAIRS EMPLOYEES (A) to provide training to the national porting, staffing, accountability, and chain military or other security forces of Israel, SEC. 6201. PREVENTION OF UNAUTHORIZED AC- of command structure of the Department of CESS TO MEDICAL RECORDS OF EM- Bahrain, Saudi Arabia, the United Arab PLOYEES OF THE DEPARTMENT OF Veterans Affairs police officers at medical Emirates, Oman, Kuwait, and Qatar that VETERANS AFFAIRS. centers of the Department. have among their functional responsibilities (a) DEVELOPMENT OF PLAN.— maritime security missions; and (1) IN GENERAL.—Not later than 180 days SA 4469. Mr. JOHNSON submitted an (B) to provide training to ministry, agen- after the date of the enactment of this Act, amendment intended to be proposed by cy, and headquarters level organizations for the Secretary of Veterans Affairs shall— him to the bill S. 2943, to authorize ap- such forces. (A) develop a plan to prevent access to the propriations for fiscal year 2017 for (2) DESIGNATION.—The provision of assist- medical records of employees of the Depart- military activities of the Department ance and training under this section may be referred to as the ‘‘Counter Iran Maritime ment of Veterans Affairs by employees of the of Defense, for military construction, Department who are not authorized to access Initiative’’. such records; and for defense activities of the De- (c) TYPES OF TRAINING.— (B) submit to the appropriate committees partment of Energy, to prescribe mili- (1) AUTHORIZED ELEMENTS OF TRAINING.— of Congress the plan developed under sub- tary personnel strengths for such fiscal Training provided under subsection (b)(1)(A) paragraph (A); and year, and for other purposes; which was may include the provision of de minimis (C) upon request, provide a briefing to the ordered to lie on the table; as follows: equipment, supplies, and small-scale mili- tary construction. appropriate committees of Congress with re- At the end of subtitle E of title XII, add (2) REQUIRED ELEMENTS OF TRAINING.— spect to the plan developed under subpara- the following: graph (A). Training provided under subsection (b) shall SEC. 1236. SENSE OF THE SENATE REGARDING (2) ELEMENTS.—The plan required under include elements that promote the following: THE EUROPEAN UNION RENEWING (A) Observance of and respect for human paragraph (1) shall include the following: ECONOMIC SANCTIONS ON RUSSIA (A) A detailed assessment of strategic AS A RESULT OF RUSSIA’S ANNEX- rights and fundamental freedoms. goals of the Department for the prevention ATION OF CRIMEA AND ACTIONS DE- (B) Respect for legitimate civilian author- of unauthorized access to the medical STABILIZING EASTERN UKRAINE. ity within the country to which the assist- records of employees of the Department. (a) FINDINGS.—The Senate makes the fol- ance is provided. (B) A list of circumstances in which an em- lowing findings: (d) AVAILABILITY OF FUNDS.—Of the ployee of the Department who is not a health (1) In July 2014, the European Union im- amount authorized to be appropriated for fis- care provider or an assistant to a health care posed economic sanctions against Russia for cal year 2017 by section 301 and available for provider would be authorized to access the its annexation of Crimea and destabilizing operation and maintenance for Defense-wide medical records of another employee of the machinations in the Donbass and Luhansk activities as specified in the funding table in Department. regions in eastern Ukraine. section 4301, $50,000,000 shall be available (C) Steps that the Secretary will take to (2) In September 2014, the European Union only for the provision of assistance and acquire new or implement existing tech- renewed its sanctions against Russia. training under subsection (b). (e) COST SHARING.— nology to prevent an employee of the De- (3) In March 2015, the European Council (1) SENSE OF CONGRESS.—It is the sense of partment from accessing the medical records linked the continuation of economic restric- Congress that, given income parity among of another employee of the Department with- tions against Russia to the complete imple- recipient countries, the Secretary of De- out a specific need to access such records. mentation of the Minsk agreements. fense, with the concurrence of the Secretary (D) Steps the Secretary will take, includ- (4) The Minsk-2 agreement signed in Feb- of State, should seek, through appropriate ing plans to issue new regulations, as nec- ruary 2015 by Russia, Ukraine, France, and bilateral and multilateral arrangements, essary, to ensure that an employee of the De- Germany has not been implemented. payments sufficient in amount to offset any partment may not access the medical (b) SENSE OF THE SENATE.—The Senate training costs associated with implementa- records of another employee of the Depart- calls upon the European Union to renew tion of subsection (b). ment for the purpose of retrieving demo- sanctions imposed on Russia as a result of (2) COST-SHARING AGREEMENT.—The Sec- graphic information if that demographic in- its destabilizing actions in Ukraine if Russia retary of Defense, with the concurrence of formation is available to the employee in an- has still not abided by its commitments the Secretary of State, shall negotiate a other location or through another format. under the Minsk-2 agreement by the time cost-sharing agreement with a recipient (E) A proposed timetable for the imple- the European Union conducts its review of country regarding the cost of any training mentation of such plan. its economic sanctions on Russia. provided pursuant to section (b). The agree- (F) An estimate of the costs associated ment shall set forth the terms of cost shar- with implementing such plan. SA 4470. Mr. PETERS (for himself ing that the Secretary of Defense determines (b) APPROPRIATE COMMITTEES OF CONGRESS and Mr. RUBIO) submitted an amend- are necessary and appropriate, but such DEFINED.—In this section, the term ‘‘appro- ment intended to be proposed by him priate committees of Congress’’ means— terms shall not be less than 50 percent of the (1) the Committee on Homeland Security to the bill S. 2943, to authorize appro- overall cost of the training. and Governmental Affairs and the Com- priations for fiscal year 2017 for mili- (3) CREDIT TO APPROPRIATIONS.—The por- mittee on Veterans’ Affairs of the Senate; tary activities of the Department of tion of such cost-sharing received by the and Defense, for military construction, and Secretary of Defense pursuant to this sub- section may be credited towards appropria- (2) the Committee on Oversight and Gov- for defense activities of the Depart- ernment Reform and the Committee on Vet- tions available for operation and mainte- ment of Energy, to prescribe military nance for Defense-wide activities as specified erans’ Affairs of the House of Representa- personnel strengths for such fiscal tives. in the funding table in section 4301. year, and for other purposes; which was (f) NOTICE TO CONGRESS ON TRAINING.—Not SEC. 6202. OUTREACH ON AVAILABILITY OF MEN- later than 15 days before exercising the au- TAL HEALTH SERVICES AVAILABLE ordered to lie on the table; as follows: TO EMPLOYEES OF THE DEPART- At the end of subtitle D of title XII, add thority under subsection (b) with respect to a recipient country, the Secretary of Defense MENT OF VETERANS AFFAIRS. the following: The Secretary of Veterans Affairs shall shall submit to the appropriate congres- SEC. 1227. AUTHORITY TO PROVIDE ASSISTANCE sional committees a notification containing conduct a program of outreach to employees AND TRAINING TO INCREASE MARI- of the Department of Veterans Affairs to in- TIME SECURITY AND DOMAIN the following: form those employees of any mental health AWARENESS OF FOREIGN COUN- (1) An identification of the recipient coun- services, including telemedicine options, TRIES BORDERING THE PERSIAN try. that are available to them. GULF, ARABIAN SEA, OR MEDI- (2) A detailed justification of the program SEC. 6203. PROTOCOLS TO ADDRESS THREATS TERRANEAN SEA. for the provision of the training concerned, AGAINST EMPLOYEES OF THE DE- (a) PURPOSE.—The purpose of this section and its relationship to United States secu- PARTMENT OF VETERANS AFFAIRS. is to authorize assistance and training to in- rity interests. The Secretary of Veterans Affairs shall en- crease maritime security and domain aware- (3) The budget for the program, including a sure protocols are in effect to address ness of foreign countries bordering the Per- timetable of planned expenditures of funds

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.034 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3557 to implement the program, an implementa- ment of Energy, to prescribe military (3) Any other amounts authorized for tion time-line for the program with mile- personnel strengths for such fiscal transfer or deposit into the Fund by law. stones (including anticipated delivery sched- year, and for other purposes; which was (c) AVAILABILITY.— (1) IN GENERAL.—Amounts in the Fund ules for any assistance and training under ordered to lie on the table; as follows: the program), the military department or shall be available for the following: component responsible for management of At the end of subtitle I of title X, add the (A) Program and activities for the develop- the program, and the anticipated completion following: ment of systems, processes, and a workforce date for the program. SEC. 1097. SENSE OF CONGRESS REGARDING RE- described in subsection (a) as approved by (4) A description of the arrangements, if IMBURSEMENT OF LOCAL LAW EN- the Secretary. FORCEMENT AGENCIES. any, to support recipient country (B) Other missions and activities of the De- It is the sense of Congress that— partment, as identified by the Secretary, if sustainment of any capability developed pur- (1) the Federal Government often requests suant to the program, and the source of the Secretary determines that the use of emergency assistance from law enforcement amounts in the Fund for the programs and funds to support sustainment efforts and per- agencies of local governments; formance outcomes to be achieved under the activities described in subparagraph (A) will (2) in responding to a request for emer- not improve efforts to maintain unmodified program beyond its completion date, if appli- gency assistance from the Federal Govern- cable. audit options for organizations, components, ment, law enforcement agencies of local gov- and elements of the Department (5) A description of the program objectives ernments often expend considerable re- and an assessment framework to be used to (2) TRANSFERS FROM FUND.—Amounts in sources; the Fund may be transferred to any other ac- develop capability and performance metrics (3) when the Federal Government requests associated with operational outcomes for the count of the Department in order to fund emergency assistance from law enforcement programs, activities, and missions described recipient force. agencies of local governments, the local gov- (6) Such other matters as the Secretary in paragraph (1). Any amounts transferred ernments should be reimbursed for the costs from the Fund to an account shall be merged considers appropriate. incurred in a timely manner; (g) DEFINITION.—In this section, the term with amounts in the account to which trans- (4) the intent of Congress in establishing ‘‘appropriate congressional committees’’ ferred and shall be available subject to the the Emergency Federal Law Enforcement means— same terms and conditions as amounts in Assistance Program under subtitle B of the (1) the Committee on Armed Services, the such account, except that amounts so trans- Justice Assistance Act of 1984 (42 U.S.C. 10501 Committee on Foreign Relations, and the ferred shall remain available until expended. et seq.) was to address law enforcement Committee on Appropriations of the Senate; The authority to transfer amounts under emergencies that require joint action by and this paragraph is in addition to any other Federal and local law enforcement agencies; (2) the Committee on Armed Services, the authority of the Secretary to transfer (5) this intent is demonstrated by the fact Committee on Foreign Affairs, and the Com- amounts by law. that, under the Emergency Federal Law En- mittee on Appropriations of the House of (3) LIMITATION.—Amounts in the Fund may forcement Assistance Program in fiscal year Representatives. be transferred under this subsection only to 2013, the Federal Government provided— organizations components, and elements of (h) TERMINATION.—Assistance and training (A) $1,918,864 to the State of Massachusetts may not be provided under this section after the Department that have previously ob- to assist with law enforcement costs related September 30, 2020. tained unmodified audit opinions for use by to the Boston Marathon bombing, which was such organizations components, and ele- used to pay overtime costs for law enforce- SA 4471. Mr. PETERS (for himself ments for purposes specified in paragraph (1). ment agencies in the State of Massachusetts (d) TRANSFERS TO FUND IN CONNECTION and Ms. STABENOW) submitted an that responded to the event; and WITH ORGANIZATIONS NOT HAVING ACHIEVED amendment intended to be proposed by (B) $1,011,443 to the State of Missouri to as- QUALIFIED AUDIT OPINIONS.— him to the bill S. 2943, to authorize ap- sist with law enforcement costs related to (1) REDUCTION IN AMOUNT AVAILABLE.—Sub- propriations for fiscal year 2017 for the civil unrest surrounding the death of Mi- ject to paragraph (2), if during any fiscal military activities of the Department chael Brown, which was used to pay over- year after fiscal year 2019 the Secretary de- of Defense, for military construction, time costs for law enforcement agencies in termines that an organization, component, and for defense activities of the De- the State of Missouri that responded to or element of the Department has not partment of Energy, to prescribe mili- those events; and achieved a qualified opinion of its statement (6) amounts should continue to be made of budgetary resources for the calender year tary personnel strengths for such fiscal available to fund the Emergency Federal ending during such fiscal year— year, and for other purposes; which was Law Enforcement Assistance Program in (A) the amount available to such organiza- ordered to lie on the table; as follows: order to reimburse local governments and tion, component, or element for the fiscal At the end of subtitle I of title X, add the encourage cooperation with the Federal Gov- year in which such determination is made following: ernment. shall be equal to— SEC. 1097. REPORT ON MILITARY TRAINING FOR (i) the amount otherwise authorized to be OPERATIONS IN DENSELY POPU- SA 4473. Mr. WYDEN (for himself and appropriated for such organization, compo- LATED URBAN TERRAIN. Mr. SANDERS) submitted an amend- nent, or element for the fiscal year; minus (a) IN GENERAL.—Not later than March 31, ment intended to be proposed by him (ii) the lesser of— 2017, the Secretary of Defense shall submit to the bill S. 2943, to authorize appro- (I) an amount equal to 0.5 percent of the to the congressional defense committees a priations for fiscal year 2017 for mili- amount described in clause (i); or report on plans and initiatives to enhance tary activities of the Department of (II) $100,000,000; and existing urban training concepts, capabili- Defense, for military construction, and (B) the Secretary shall deposit in the Fund ties, and facilities that could provide for new pursuant to subsection (b)(2) all amounts un- training opportunities that would more for defense activities of the Depart- available to organizations, components, and closely resemble large, dense, heavily popu- ment of Energy, to prescribe military elements of the Department in the fiscal lated urban environments. The report shall personnel strengths for such fiscal year pursuant to determinations made under include specific plans and efforts to provide year, and for other purposes; which was subparagraph (A). for a realistic environment for the training ordered to lie on the table; as follows: (2) INAPPLICABILITY TO AMOUNTS FOR MILI- of large units with joint assets and recently At the end of subtitle A of title X, add the TARY PERSONNEL.—Any reduction applicable fielded technologies to exercise new tactics, following: to an organization, component, or element of techniques, and procedures, including con- SEC. 1004. IMPROVEMENT OF ABILITY OF THE DE- the Department under paragraph (1) for a fis- sideration of anticipated urban military op- PARTMENT OF DEFENSE TO OBTAIN cal year shall not apply to amounts, if any, erations in or near the littoral environment AND MAINTAIN CLEAN AUDIT OPIN- available to such organization, component, and maritime domain as well as the cyber IONS. or element for the fiscal year for military domain. (a) FINANCIAL AUDIT FUND.—The Secretary personnel. (b) FORM.—The report required under sub- of Defense shall establish a fund to be known section (a) may be submitted in classified or as the ‘‘Financial Audit Fund’’ (in this sec- SA 4474. Mr. CASEY (for himself, Mr. unclassified form. tion referred to as the ‘‘Fund’’) for the pur- INHOFE, Mr. BLUMENTHAL, and Mr. BEN- pose of developing systems, processes, and a NET) submitted an amendment in- SA 4472. Mr. WYDEN (for himself and well-qualified workforce that will assist the tended to be proposed by him to the Mr. MERKLEY) submitted an amend- organizations, components, and elements of bill S. 2943, to authorize appropriations ment intended to be proposed by him the Department of Defense in maintaining for fiscal year 2017 for military activi- to the bill S. 2943, to authorize appro- unmodified audit opinions. ties of the Department of Defense, for (b) ELEMENTS.—Amounts in the Fund shall priations for fiscal year 2017 for mili- include the following: military construction, and for defense tary activities of the Department of (1) Amounts appropriated to the Fund. activities of the Department of Energy, Defense, for military construction, and (2) Amounts transferred to the Fund under to prescribe military personnel for defense activities of the Depart- subsection (d). strengths for such fiscal year, and for

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.034 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3558 CONGRESSIONAL RECORD — SENATE June 7, 2016 other purposes; which was ordered to vided to Congress by the Secretary of State the Secretary of State and the Secretary of lie on the table; as follows: on August 12, 1992, it is the purpose of the Defense, shall coordinate with parties to On page 1180, strike lines 1 through 5 and Open Skies Treaty to promote openness and Open Skies Treaty that are not the Russian insert the following: transparency of military forces and activi- Federation and Belarus, and fulfill imagery (1) in paragraph (1)— ties and to enhance mutual understanding requirements of those parties in a manner (A) by striking ‘‘fiscal year 2016’’ and in- and confidence by giving States Party a di- relative to that provided by Open Skies rect role in gathering information about serting ‘‘fiscal years 2016 and 2017’’; and Treaty collection. military forces and activities of concern to (B) by striking ‘‘the Government of Paki- (c) REPORT REQUIRED.—Not later than 60 them. stan’’ and all that follows and inserting ‘‘any (2) According to the Department of State’s days after the date of the enactment of this country that the Secretary of Defense, with 2016 Compliance Report, the Russian Federa- Act, and annually thereafter together with the concurrence of the Secretary of State, tion ‘‘continues not to meet its obligations the Annual Arms Control and Verification has identified as critical for countering the [under the Open Skies Treaty] to allow effec- Compliance Report defined in subsection (e), movement of precursor materials for impro- tive observation of its entire territory, rais- the Secretary of State, with the concurrence vised explosive devices into Syria, Iraq, or ing serious compliance concerns’’. Afghanistan.’’; of the Secretary of Defense and the Director (3) According to the 2016 Compliance Re- (2) in paragraph (2), by striking ‘‘the Gov- of National Intelligence, shall submit to the port, Russian conduct giving rise to compli- appropriate congressional committees a re- ernment of Pakistan’’ and inserting ‘‘a coun- ance concerns has continued since the Open port that contains the following elements: try’’; Skies Treaty entered into force in 2002 and (1) A description of all outstanding con- (3) in paragraph (3), striking subparagraphs worsened in 2010, 2014, and 2015. cerns regarding compliance by the Russian (A) and (B) and inserting the following new (4) According to the 2016 Compliance Re- Federation with its obligations under the subparagraphs: port, ongoing efforts by the United States Open Skies Treaty. ‘‘(A) listing each country identified pursu- and other States Party to the Open Skies (2) A description of all consistency, coun- ant to paragraph (1); Treaty to address these concerns through terintelligence, and other intelligence re- ‘‘(B) specifying any funds transferred to dialogue with the Russian Federation ‘‘have lated issues that have arisen over the pre- another department or agency of the United not resolved any of the compliance con- States Government pursuant to paragraph cerns’’. vious year, including Russian Federation (2); (5) The Russian Federation has engaged in sensor or equipment anomalies, intelligence ‘‘(C) detailing the amount of funds to be other activities in coordination with, but actives carried out in coordination with used with respect to each country identified outside the scope of, the Open Skies Treaty Open Skies Treaty overflights, and other in- pursuant to paragraph (1) and the training, overflights, which are a cause of concern and telligence concerns as determined by the Di- equipment, supplies, and services to be pro- should be addressed. rector of National Intelligence. vided to such country using funds specified (6) It is a generally accepted principle of (3) A description of all compliance dia- pursuant to subparagraph (B); customary international law that in the logue, diplomatic engagement, or other ‘‘(D) evaluating the effectiveness of efforts event of a material breach of a multilateral interactions between the United States and by each country identified pursuant to para- treaty by one of its parties, a party specially the Russian Federation with regard to con- graph (1) to counter the movement of pre- affected by that breach may invoke it as a cerns about actual or potential Russian non- cursor materials for improvised explosive de- ground for suspending the operation of the compliance with the Open Skies Treaty, as vices; and treaty in whole or in part in the relations be- well as any such dialogue, engagement, or ‘‘(E) setting forth the overall plan to in- tween itself and the defaulting state. interactions between other Open Skies Trea- crease the counter-improvised explosive de- (b) STATEMENT OF UNITED STATES POLICY.— ty parties and the Russian Federation with vice capability of each country identified It is the policy of the United States that— regard to concerns about Russian actual or pursuant to paragraph (1).’’; and (1) restrictions upon the ability of Open potential Russian noncompliance. (4) in paragraph (4), by striking ‘‘December Skies Treaty aircraft to overfly all portions (4) A United States strategy for bringing 31, 2016’’ and inserting ‘‘December 31, 2017’’. of the territory of a State Party impede the Russian Federation into full compliance (c) SENSE OF SENATE.—It is the sense of the openness and transparency of military forces with its obligations under the Open Skies Senate that— and activities and undermine mutual under- Treaty, including— (1) the United States Government should standing and confidence, especially when (A) an assessment of the tools available to continue and should increase interagency ef- coupled with an ongoing refusal to address the United States for purposes of enforcing forts to disrupt the flow of improvised explo- compliance concerns raised by other States compliance with the Open Skies Treaty, in- sive devices (IED), precursor chemicals, and Party subject to such restrictions; cluding— components into conflict areas such as (2) it is essential to the accomplishment of (i) bilateral or multilateral compliance Syria, Iraq, and Afghanistan; the object and purpose of the Open Skies dialogue; (2) the Department of Defense has made Treaty that Open Skies Treaty aircraft be (ii) the imposition of restrictions upon sizeable investments to attack the network, able to overfly all portions of the territory of Russian overflights pursuant to the Open defeat the device, and facilitate protection of a State Party in a timely and reciprocal Skies Treaty, either by the United States or United States forces for many years and manner; other States Party; and throughout the relevant theaters of oper- (3) restrictions upon the ability of Open (iii) the use of pressures or points of polit- ation; and Skies Treaty aircraft to overfly all portions ical, economic, or military leverage separate (3) it is essential that the continuing ef- of the territory of the Russian Federation from the Open Skies Treaty. forts of the United States to counter impro- constitute a material breach of the Open (B) a description of how United States vised explosive devices leverage all instru- Skies Treaty; compliance dialogue with the Russian Fed- ments of national power, including engage- (4) in light of the Russian Federation’s ma- eration about the Open Skies Treaty incor- ment and investment from diplomatic, eco- terial breach of the Open Skies Treaty, the porates and integrates the tools described in nomic, and law enforcement departments United States is legally entitled to suspend subparagraph (A); and and agencies. the operation of the Open Skies Treaty in (C) an assessment of whether the Russian whole or in part for so long as the Russian Federation is expected to return to full com- SA 4475. Mr. COTTON submitted an Federation continues to be in material pliance with the Open Skies Treaty, and if amendment intended to be proposed by breach of the Open Skies Treaty; so, when and under what conditions this is him to the bill S. 2943, to authorize ap- (5) for so long as the Russian Federation most likely to occur. propriations for fiscal year 2017 for remains in noncompliance with the Open (5) An assessment of the benefits the Rus- military activities of the Department Skies Treaty, the United States should— sian Federation receives from the conduct of of Defense, for military construction, (A) suspend certification or operation of Open Skies Treaty overflights over European new sensors for Russian overflights of the countries and the United States, including— and for defense activities of the De- United States pursuant to the Open Skies (A) The value of such information collec- partment of Energy, to prescribe mili- Treaty; tion relative to other sources of information tary personnel strengths for such fiscal (B) place restrictions upon Russian over- available to the Russian Federation; and year, and for other purposes; which was flights of the United States in response to (B) A description of the types of United ordered to lie on the table; as follows: Russian restrictions placed upon United States and European targets over which Rus- At the end of subtitle H of title XII, add States overflights of the Russian Federation; sian overflights pursuant to the Open Skies the following: and Treaty have flown, how this target set has SEC. 1277. COMPLIANCE ENFORCEMENT REGARD- (C) use appropriate additional measures to evolved over the course of the Russian Fed- ING RUSSIAN VIOLATIONS OF THE encourage the Russian Federation’s return eration’s Open Skies overflights, and how OPEN SKIES TREATY. to compliance with the Open Skies Treaty; this target set relates to current Russian (a) FINDINGS.—Congress makes the fol- and military doctrine and planning. lowing findings: (6) during a period of Open Skies Treaty (6) An assessment of the intelligence value (1) According to the President’s letter of suspension or curtailment, the Director of of Open Skies information to States Party to submittal for the Open Skies Treaty pro- National Intelligence, in coordination with the Open Skies Treaty, other than the

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.035 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3559 United States or the Russian Federation, rel- SA 4476. Mr. JOHNSON submitted an year, and for other purposes; which was ative to other sources of information avail- amendment intended to be proposed by ordered to lie on the table; as follows: able to such States Party, including com- him to the bill S. 2943, to authorize ap- At the end of subtitle I of title X, add the mercially-available satellite imagery. propriations for fiscal year 2017 for following: (7) The impact of Russian noncompliance with the Open Skies Treaty and other inter- military activities of the Department SEC. 1097. AUTHORIZATION FOR USE OF POST-9/ 11 EDUCATIONAL ASSISTANCE TO national agreements or commitments relat- of Defense, for military construction, and for defense activities of the De- PURSUE INDEPENDENT STUDY PRO- ing to arms control, international security, GRAMS AT CERTAIN EDUCATIONAL or crisis prevention or stability, including partment of Energy, to prescribe mili- INSTITUTIONS THAT ARE NOT INSTI- the INF Treaty, the Incidents at Sea Agree- tary personnel strengths for such fiscal TUTIONS OF HIGHER LEARNING. ment, and the Budapest Memorandum, the year, and for other purposes; which was Paragraph (4) of section 3680A(a) of title 38, Biological Weapons Convention, and the CFE ordered to lie on the table; as follows: United States Code, is amended to read as Treaty, upon defense and security planning At the end of subtitle H of title X, add the follows: in and among States Party to the Open Skies following: ‘‘(4) any independent study program except Treaty, including members of the North At- an accredited independent study program lantic Treaty Organization. SEC. 1085. REPORT ON LACK OF PROCESS BY WHICH MEMBERS OF THE ARMED (including open circuit television) leading— (d) FORM OF REPORT.—The report required FORCES MAY CARRY APPROPRIATE ‘‘(A) to a standard college degree; ‘‘(B) to a certificate that reflects edu- by subsection (c) shall be submitted in an FIREARMS ON MILITARY INSTALLA- TIONS. cational attainment offered by an institu- unclassified form, but may include a classi- Not later than 30 days after the date of the tion of higher learning; or fied annex. enactment of this Act, the Secretary of De- ‘‘(C) to a certificate that reflects comple- (e) DEFINITIONS.—In this section: fense shall submit to Congress a report tion of a course of study offered by an edu- (1) ANNUAL ARMS CONTROL AND that— cational institution that is not an institu- VERIFICATION COMPLIANCE REPORT.—The term (1) describes in detail why the Department tion of higher learning, such as an area ca- ‘‘Annual Arms Control and Verification of Defense did not meet the December 31, reer and technical education school pro- Compliance Report’’ means the annual Ad- 2015, deadline specified in section 526 of the viding education at the postsecondary herence to and Compliance with Arms Con- National Defense Authorization Act for Fis- level.’’. trol, Nonproliferation, and Disarmament cal Year 2016 (Public Law 114–92; 129 Stat. Agreements and Commitments report re- 813; 10 U.S.C. 2672 note) for establishing and SA 4480. Mr. BLUMENTHAL sub- quired under section 403 of the Arms Control implementing a process by which members mitted an amendment intended to be and Disarmament Act (22 U.S.C. 2593a). of the Armed Forces may carry appropriate proposed by him to the bill S. 2943, to (2) APPROPRIATE CONGRESSIONAL COMMIT- firearms on military installations; and authorize appropriations for fiscal year TEES DEFINED.—The term ‘‘appropriate con- (2) sets forth the anticipated date for im- gressional committees’’ means— plementation of that process. 2017 for military activities of the De- (A) the Committee on Foreign Affairs, the partment of Defense, for military con- Committee on Appropriations, the Com- SA 4477. Mr. JOHNSON submitted an struction, and for defense activities of mittee on Armed Services, and the Select amendment intended to be proposed by the Department of Energy, to prescribe Committee on Intelligence of the Senate; him to the bill S. 2943, to authorize ap- military personnel strengths for such and propriations for fiscal year 2017 for fiscal year, and for other purposes; (B) the Committee on Foreign Relations, military activities of the Department which was ordered to lie on the table; the Committee on Appropriations, the Com- as follows: mittee on Armed Services, and the Perma- of Defense, for military construction, nent Select Committee on Intelligence of the and for defense activities of the De- At the end of subtitle I of title X, add the House of Representatives. partment of Energy, to prescribe mili- following: (3) BIOLOGICAL WEAPONS CONVENTION.—The tary personnel strengths for such fiscal SEC. 1097. MODIFICATION OF EXCEPTION TO term ‘‘Biological Weapons Convention’’ year, and for other purposes; which was PROHIBITION ON FINANCING OF means the Convention on the Prohibition of SALES OF DEFENSE ARTICLES AND ordered to lie on the table; as follows: DEFENSE SERVICES BY EXPORT-IM- the Development, Production and Stock- Beginning on page 40, strike line 15 and all PORT BANK OF THE UNITED STATES. piling of Bacteriological and Toxin Weapons that follows through ‘‘(d)’’ on page 42, line 3, Section 2(b)(6)(I)(i)(I) of the Export-Import and on Their Destruction, done at London, and insert ‘‘(c)’’. Bank Act of 1945 (12 U.S.C. 635(b)(6)(I)(i)(I)) is Moscow, and Washington April 10, 1972, and amended to read as follows: entered into force March 26, 1975. SA 4478. Mr. HOEVEN (for himself ‘‘(I)(aa) the Bank determines that— (4) BUDAPEST MEMORANDUM.—The term and Ms. KLOBUCHAR) submitted an ‘‘(AA) the defense articles or services are ‘‘Budapest Memorandum’’ means the Memo- nonlethal; and randum on Security Assurances in Connec- amendment intended to be proposed by ‘‘(BB) the end use of the defense articles or tion with Ukraine’s Accession to the Treaty him to the bill S. 2943, to authorize ap- services includes civilian purposes; or on the Non-Proliferation of Nuclear Weap- propriations for fiscal year 2017 for ‘‘(bb) the President determines that the ons, done at Budapest December 5, 1994. military activities of the Department transaction is in the national security inter- (5) CFE TREATY.—The term ‘‘CFE Treaty’’ of Defense, for military construction, est of the United States; and’’. means the Treaty on Conventional Armed and for defense activities of the De- Forces in Europe done at Vienna November partment of Energy, to prescribe mili- SA 4481. Mr. BLUMENTHAL sub- 19, 1990, and entered into force November 9, tary personnel strengths for such fiscal 1992. mitted an amendment intended to be year, and for other purposes; which was (6) 2016 COMPLIANCE REPORT.—The term proposed by him to the bill S. 2943, to ‘‘2016 Compliance Report’’ means the Report ordered to lie on the table; as follows: authorize appropriations for fiscal year on Adherence to and Compliance With Arms On page 815, between lines 3 and 4, insert 2017 for military activities of the De- Control, Nonproliferation, and Disarmament the following: partment of Defense, for military con- Agreements and Commitments published by (3) The use of contract services, if nec- struction, and for defense activities of essary, to ensure that enlisted personnel of the United States Department of State on the Department of Energy, to prescribe April 11, 2016. the Air National Guard and the Air Force military personnel strengths for such (7) INCIDENTS AT SEA AGREEMENT.—The Reserve are trained at a rate commensurate term ‘‘Incidents at Sea Agreement’’ means with regular enlisted personnel of the Air fiscal year, and for other purposes; the Agreement Between the Government of Force in achieving the transition required by which was ordered to lie on the table; The United States and the Government of subsection (a) by the date specified in that as follows: The Union of Soviet Socialist Republics on subsection. At the end of subtitle I of title X, add the the Prevention of Incidents On and Over the following: High Seas, done at Moscow on May 25, 1972, SA 4479. Mr. INHOFE (for himself SEC. 1097. MODIFICATION OF EXCEPTION TO and entered into force on May 25, 1972. and Mr. LANKFORD) submitted an PROHIBITION ON FINANCING OF (8) INF TREATY.—The term ‘‘INF Treaty’’ amendment intended to be proposed by SALES OF DEFENSE ARTICLES AND means the Intermediate-Range Nuclear him to the bill S. 2943, to authorize ap- DEFENSE SERVICES BY EXPORT-IM- Forces Treaty, done at Washington Decem- propriations for fiscal year 2017 for PORT BANK OF THE UNITED STATES. ber 8, 1987, and entered into force June 1, military activities of the Department Section 2(b)(6)(I)(i)(I) of the Export-Import 1988. Bank Act of 1945 (12 U.S.C. 635(b)(6)(I)(i)(I)) is (9) OPEN SKIES TREATY.—The term ‘‘Open of Defense, for military construction, amended to read as follows: Skies Treaty’’ means the Treaty on Open and for defense activities of the De- ‘‘(I)(aa) the Bank determines that the end Skies, done at Helsinki March 24, 1992, and partment of Energy, to prescribe mili- use of the defense articles or services in- entered into force January 1, 2002. tary personnel strengths for such fiscal cludes civilian purposes; or

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.035 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3560 CONGRESSIONAL RECORD — SENATE June 7, 2016 ‘‘(bb) the President determines that the (5) OPEN SKIES TREATY.—The term ‘‘Open SA 4484. Mrs. ERNST (for herself and transaction is in the national security inter- Skies Treaty’’ means the Treaty on Open Mr. JOHNSON) submitted an amendment est of the United States; and’’. Skies, done at Helsinki March 24, 1992, and intended to be proposed by her to the entered into force January 1, 2002. bill S. 2943, to authorize appropriations SA 4482. Mr. NELSON submitted an IMITATION (b) L .—None of the funds author- for fiscal year 2017 for military activi- amendment intended to be proposed by ized to be appropriated by this Act may be ties of the Department of Defense, for him to the bill S. 2943, to authorize ap- obligated or expended to aid, support, per- military construction, and for defense propriations for fiscal year 2017 for mit, or facilitate the certification or ap- activities of the Department of Energy, military activities of the Department proval of any new sensor, including to carry out an initial or exhibition observation to prescribe military personnel of Defense, for military construction, flight of an observation aircraft, for use by strengths for such fiscal year, and for and for defense activities of the De- the Russian Federation on observation other purposes; which was ordered to partment of Energy, to prescribe mili- flights under the Open Skies Treaty unless lie on the table; as follows: tary personnel strengths for such fiscal the President, in consultation with the Sec- year, and for other purposes; which was retary of State, the Secretary of Defense, At the end of subtitle I of title X, add the ordered to lie on the table; as follows: Secretary of Homeland Security, and the Di- following: SEC. 1097. BIODEFENSE STRATEGY. At the end of title XXXV add the fol- rector of National Intelligence, submits to (a) IN GENERAL.—Title V of the Homeland lowing: the appropriate committees of Congress the certification described in subsection (c)(1). Security Act of 2002 (6 U.S.C. 311 et seq.) is SEC. lll. APPLICATION OF LAW. (c) CERTIFICATION.— amended by adding at the end the following: Section 4301 of title 46, United States Code, (1) IN GENERAL.—The certification de- ‘‘SEC. 527. NATIONAL BIODEFENSE STRATEGY. is amended by adding at the end the fol- scribed in this subsection is a certification lowing: ‘‘(a) DEFINITIONS.—In this section— for a new sensor referred to in subsection (b) ‘‘(d) For purposes of any Federal law, ex- ‘‘(1) the term ‘biodefense’ means any in- that— cept the Federal Water Pollution Control volvement in mitigating the risks of major (A) the capabilities of the new sensor do Act (33 U.S.C. 1251 et seq.), any vessel, in- biological incidents and public health emer- not exceed the capabilities imposed by the cluding a foreign vessel, being repaired or gencies to the United States, including with Open Skies Treaty, and safeguards are in dismantled is deemed to be a recreational respect to— place to prevent the new sensor, or any in- vessel, as defined under section 2101(25) of ‘‘(A) threat awareness; formation obtained therefrom, from being this title, during such repair or dismantling, ‘‘(B) prevention and protection; used in any way not permitted by the Open if that vessel— ‘‘(C) surveillance and detection; Skies Treaty; ‘‘(1) shares elements of design and con- ‘‘(D) response and recovery; and (B) the Secretary of Defense, the com- struction of traditional recreational vessels; ‘‘(E) attribution of an intentional biologi- manders of relevant combatant commands, and cal incident; the directors of relevant elements of the in- ‘‘(2) when operating is not normally en- ‘‘(2) the term ‘Council’ means the Bio- telligence community, and the Federal Bu- gaged in a military, commercial, or tradi- defense Coordination Council established reau of Investigation have in place mitiga- tionally commercial undertaking.’’. under subsection (b); tion measures with respect to collection ‘‘(3) the term ‘Federal biodefense enter- SA 4483. Mr. COTTON (for himself, against high-value United States assets and prise’ means the programs, projects, activi- critical infrastructure by the new sensor; ties, and resources across the Federal Gov- Mr. SASSE, Mr. RUBIO, Mr. RISCH, Mr. (C) each covered state party has been noti- ernment that are involved in biodefense; and BURR, Mr. INHOFE, and Mr. CORNYN) fied and briefed on concerns of the intel- ‘‘(4) the term ‘Strategy’ means the Na- submitted an amendment intended to ligence community regarding upgraded sen- tional Biodefense Strategy required to be es- be proposed by him to the bill S. 2943, sors used under the Open Skies Treaty, Rus- tablished under subsection (b)(5). to authorize appropriations for fiscal sian Federation warfighting doctrine, and in- ‘‘(b) BIODEFENSE COORDINATION COUNCIL.— year 2017 for military activities of the telligence collection in support thereof; and ‘‘(1) ESTABLISHMENT.—The President shall Department of Defense, for military (D) the Russian Federation is in compli- establish a Biodefense Coordination Council, construction, and for defense activities ance with all of its obligations under the which shall be comprised of, at a minimum— Open Skies treaty, including the obligation of the Department of Energy, to pre- ‘‘(A) the Secretary of Health and Human to permit properly-notified covered state Services; scribe military personnel strengths for party observation flights over all of Moscow, ‘‘(B) the Secretary of Agriculture; such fiscal year, and for other pur- Chechnya, Abkhazia, South Ossetia, and ‘‘(C) the Secretary of Defense; poses; which was ordered to lie on the Kaliningrad. ‘‘(D) the Secretary; table; as follows: (2) SPECIFIC SENSOR APPROVAL.—The cer- ‘‘(E) the Secretary of State; At the end of subtitle E of title XII, add tification described in paragraph (1) shall be ‘‘(F) the Director of National Intelligence; the following: required for each sensor and platform for and which the Russian Federation has requested ‘‘(G) the Administrator of the Environ- SEC. 1236. LIMITATION ON CERTIFICATION OR APPROVAL OF NEW SENSORS FOR approval under to the Open Skies Treaty. mental Protection Agency. USE BY THE RUSSIAN FEDERATION (d) WAIVER AUTHORITY.— ‘‘(2) DUTIES.—The Council shall— ON OBSERVATION FLIGHTS UNDER (1) IN GENERAL.—The President may waive ‘‘(A) provide the expertise necessary to de- THE OPEN SKIES TREATY. the requirements of subparagraph (D) of sub- velop the Strategy; and (a) DEFINITIONS.—In this section: section (c)(1) if, not later than 30 days prior ‘‘(B) in coordination with the Office of (1) APPROPRIATE COMMITTEES OF CON- to certifying or approving a new sensor for Management and Budget, review, prioritize, GRESS.—The term ‘‘appropriate committees use by the Russian Federation on observa- and align necessary biodefense activities and of Congress’’ means— tion flights under the Open Skies Treaty, the spending across the Federal Government, in (A) the Committee on Armed Services, the President submits a certification to the ap- a manner consistent with the Strategy. Committee on Foreign Relations, and the Se- propriate committees of Congress that the ‘‘(3) ROTATING CHAIR.—During the 4-year lect Committee on Intelligence of the Sen- certification or approval of the new sensor is period beginning on the date on which the ate; and in the national security interest of the Council is established, and each 4-year period (B) the Committee on Armed Services, the United States that includes the following: thereafter, each of the 4 Secretaries de- Committee on Foreign Affairs, and the Per- (A) A written explanation of the reasons it scribed in subparagraphs (A) through (D) of manent Select Committee on Intelligence of is in the national security interest of the paragraph (1) shall serve as the chairperson the House of Representatives. United States to certify or approve the sen- for the Council for 1 year. The first chair- (2) COVERED STATE PARTY.—The term ‘‘cov- sor. person of the Council shall be the Secretary ered state party’’ means a foreign country (B) The date that the President expects the of Health and Human Services. that— Russian Federation to come into full compli- ‘‘(4) PRESIDENT’S ANNUAL BUDGET.—The rec- (A) is a state party to the Open Skies Trea- ance with all of its Open Skies Treaty obli- ommendations of the Council shall inform ty; and gations, including the overflight obligations the budget submitted by the President under (B) is a United States ally. described in subparagraph (D) of subsection section 1105 of title 31, United States Code, (3) INTELLIGENCE COMMUNITY.—The term (c)(1). with respect to biodefense activities. ‘‘intelligence community’’ has the meaning (C) A detailed description of efforts made ‘‘(5) STRATEGY.—The President shall de- given that term in section 3 of the National by the United States Government to bring velop a National Biodefense Strategy to di- Security Act of 1947 (50 U.S.C. 3003). the Russian Federation into full compliance rect and align the inter-governmental and (4) OBSERVATION AIRCRAFT, OBSERVATION with the Open Skies Treaty. multi-disciplinary efforts of the Federal FLIGHT, AND SENSOR.—The terms ‘‘observa- (2) FORM.—Each certification submitted Government towards an effective and con- tion aircraft’’, ‘‘observation flight’’, and under paragraph (1) shall be submitted in un- tinuously improving biodefense enterprise, ‘‘sensor’’ have the meanings given such classified form, but may include a classified including threat awareness, prevention and terms in Article II of the Open Skies Treaty. annex. protection, surveillance and detection, and

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.036 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3561 response and recovery to major biological in- ‘‘(II) identification and research of emerg- At the end of subtitle I of title X, add the cidents. ing biological threats; following: ‘‘(c) COORDINATION.— ‘‘(III) programs, projects, and activities in SEC. 1097. MEAT OPTIONS. ‘‘(1) COUNCIL.—In developing the Strategy, effect before the date of enactment of this (a) IN GENERAL.—The Secretary of Defense the President shall utilize the Council. section; shall ensure that, on a daily basis, members ‘‘(2) OTHER AGENCIES.—In developing the ‘‘(IV) strategies and implementation plans of the Armed Forces at Department of De- Strategy, the President may utilize— related to biodefense activities in effect be- fense dining facilities are provided with ‘‘(A) the Secretary of Commerce; fore the date of enactment of this section; meat options that meet or exceed the nutri- ‘‘(B) the Attorney General; and ‘‘(V) the ability to reallocate Federal re- tional standards established in the most re- ‘‘(C) any other Federal department, agen- sources to address risks posed by emerging cent Dietary Guidelines for Americans pub- cy, or interagency body the President deter- biological threats; and lished under section 301 of the National Nu- mines appropriate, including the Public ‘‘(VI) meeting the needs of vulnerable pop- trition Monitoring and Related Research Act Health Emergency Medical Countermeasures ulations during the response to and recovery of 1990 (7 U.S.C. 5341). Enterprise. from a public health emergency; and (b) PROHIBITION.—None of the funds author- ized to be appropriated by this Act may be ‘‘(3) OTHER ENTITIES.—The President may ‘‘(C) prioritization and allocation of invest- receive input on elements of the Strategy ment across the Federal biodefense enter- obligated or expended to establish or enforce ‘‘Meatless Monday’’ or any other program from private sector biodefense entities and prise. explicitly designed to reduce the amount of State, local, tribal, and territorial govern- ‘‘(f) DEADLINE.—Not later than 24 months animal protein that members of the Armed ments. after the date of enactment of this section Forces voluntarily consume. ‘‘(4) ACADEMIC INSTITUTIONS.—The Presi- and in accordance with subsection (k), the President shall submit the Strategy to the dent may receive input on elements of the SA 4486. Mr. CRUZ (for himself, Mr. Strategy from academic institutions. Committee on Homeland Security and Gov- LEE, and Mr. LANKFORD) submitted an ‘‘(d) COORDINATION WITH EXISTING STRATE- ernmental Affairs of the Senate and the Committee on Homeland Security of the amendment intended to be proposed by GIES.—The Strategy shall serve as a com- him to the bill S. 2943, to authorize ap- prehensive guide for United States bio- House of Representatives. ‘‘(g) STATUS UPDATES.—Not later than 180 defense that directs and harmonizes all other propriations for fiscal year 2017 for days after the date of enactment of this sec- strategies or plans established or maintained military activities of the Department tion, and every 180 days thereafter until the by a Federal department or agency with re- of Defense, for military construction, date on which the Strategy is submitted to spect to biodefense. and for defense activities of the De- the congressional committees described in ‘‘(e) CONTENTS.— subsection (f), the President shall submit to partment of Energy, to prescribe mili- ‘‘(1) REQUIREMENTS.—The Strategy shall such congressional committees an update on tary personnel strengths for such fiscal include, at a minimum— the status of the Strategy. year, and for other purposes; which was ‘‘(A) a comprehensive description of the en- ‘‘(h) REQUIREMENT.—In accordance with ordered to lie on the table; as follows: tities and positions of leadership with re- subsection (k), the Strategy shall be made At the end of subtitle I of title X, add the sponsibility, authority, and accountability available on a public Internet website. following: for implementing, overseeing, and coordi- ‘‘(i) FIVE-YEAR UPDATE.—Beginning 5 years SEC. 1097. IANA FUNCTIONS CONTRACT; UNITED nating Federal biodefense activities de- after the date on which the Strategy is sub- STATES GOVERNMENT OWNERSHIP scribed in subsection (b)(5), including a de- mitted to the congressional committees de- OF CERTAIN DOMAINS. scription of how such entities coordinate on scribed in subsection (f), and not less fre- (a) FINDINGS.—Congress finds the fol- each aspect of biodefense; quently than every 5 years thereafter, the lowing: ‘‘(B) 5-year goals, priorities, and metrics to President shall update the Strategy. (1) The Department of Commerce and the improve and strengthen the ability of the ‘‘(j) ANNUAL BIODEFENSE EXPENDITURES RE- National Telecommunications and Informa- Federal Government to prevent, detect, re- PORT.— tion Administration (in this section referred spond to, and recover from a major biologi- ‘‘(1) IN GENERAL.—Not later than 30 days to as the ‘‘NTIA’’) should be responsible for cal incident; after the date on which the President sub- maintaining the continuity and stability of ‘‘(C) short- and long-term research and de- mits a budget to Congress under section 1105 services related to certain interdependent velopment projects or initiatives planned to of title 31, United States Code, the President Internet technical management functions, improve biodefense capability; and shall submit to the appropriate congres- known collectively as the Internet Assigned ‘‘(D) recommendations for legislative ac- sional committees a report detailing the Numbers Authority (in this section referred tion needed to expedite progression toward total amount of expenditures on biodefense to as the ‘‘IANA’’), which includes— the goals identified in the Strategy. activities by all Federal departments and (A) the coordination of the assignment of ‘‘(2) CONSIDERATIONS.—In developing the agencies and how the expenditures relate to technical Internet protocol parameters; Strategy, the President may consider— the goals and priorities required under sub- (B) the administration of certain respon- ‘‘(A) the trade-offs made between differing section (e)(1)(B). sibilities associated with the Internet do- goals and requirements, due to constraints ‘‘(2) REQUIREMENT.—The first report sub- main name system root zone management; in expected assets and resources over the mitted under paragraph (1) shall provide his- (C) the allocation of Internet numbering time period of such goals and requirements; torical context by detailing the total resources; and and amount of expenditures on biodefense for the (D) other services related to the manage- ‘‘(B) any other analysis the President de- 3 preceding fiscal years, in addition to the ment of the Advanced Research Project termines appropriate. fiscal year requirements for the fiscal year Agency and INT top-level domains. ‘‘(3) ANALYSIS.—The Strategy shall include covered by the report. (2) The interdependent technical functions an appendix, which shall contain— ‘‘(k) CLASSIFIED ANNEX.—To the fullest ex- described in paragraph (1) were performed on ‘‘(A) a review of current and previous col- tent possible, any reports required to be behalf of the Federal Government under a laborative efforts between the Armed Forces made publicly available under this section contract between the Defense Advanced Re- and the civilian sector of the Federal Gov- shall be unclassified, but may include classi- search Projects Agency and the University of ernment on biodefense activities and coordi- fied annexes that shall be submitted concur- Southern California as part of a research nation; rently to the congressional homeland secu- project known as the Tera-node Network ‘‘(B) a detailed analysis of the— rity committees.’’. Technology project. As the Tera-node Net- ‘‘(i) relevant recommendations issued by (b) TABLE OF CONTENTS.—The table of con- work Technology project neared completion external biodefense review panels or commis- tents in section 1(b) of the Homeland Secu- and the contract neared expiration in 1999, sions, and the extent to which the rec- rity Act of 2002 (6 U.S.C. 101 note) is amended the Federal Government recognized the need ommendations have been considered and im- by inserting after the item relating to sec- for the continued performance of the IANA plemented by Federal departments and agen- tion 526 the following: functions as vital to the stability and cor- cies; ‘‘Sec. 527. National Biodefense Strategy.’’. rect functioning of the Internet. ‘‘(ii) lessons learned from the response of (3) The NTIA may use its contract author- the Federal Government to public health SA 4485. Mrs. ERNST submitted an ity to maintain the continuity and stability emergencies occurring within the 5 years amendment intended to be proposed by of services related to the IANA functions. preceding the submission of the strategy; her to the bill S. 2943, to authorize ap- (4) If the NTIA uses its contract authority, ‘‘(iii) risks associated with major biologi- propriations for fiscal year 2017 for the contractor, in the performance of its du- cal incidents; military activities of the Department ties, must have or develop a close construc- ‘‘(iv) resources and capabilities needed to of Defense, for military construction, tive working relationship with all interested address identified risks; and and for defense activities of the De- and affected parties to ensure quality and ‘‘(v) resource and capability gaps in the satisfactory performance of the IANA func- Federal biodefense enterprise, including gaps partment of Energy, to prescribe mili- tions. The interested and affected parties in- in— tary personnel strengths for such fiscal clude— ‘‘(I) each category of biodefense activity year, and for other purposes; which was (A) the multi-stakeholder, private sector described in subsection (a)(1); ordered to lie on the table; as follows: led, bottom-up policy development model for

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the domain name system that the Internet ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible (b) COMPLIANCE MEASURES.—If the Sec- Corporation for Assigned Names and Num- entity’ means a municipality or a public en- retary finds that water available to members bers represents; tity that owns or operates a public water of the Armed Forces and their families who (B) the Internet Engineering Task Force system that is affected by a consent decree live in military housing does not meet State and the Internet Architecture Board; relating to compliance with this Act. or Federal drinking water standards, the (C) Regional Internet Registries; ‘‘(2) HOUSEHOLD.—The term ‘household’ Secretary shall— (D) top-level domain operators and man- means any individual or group of individuals (1) take immediate steps to bring non- agers, such as country codes and generic; who are living together as 1 economic unit. compliant water sources into compliance (E) governments; and ‘‘(3) LOW-INCOME HOUSEHOLD.—The term with State and Federal standards; and (F) the Internet user community. ‘low-income household’ means a household— (2) within 30 days of discovering that a (5) The IANA functions contract of the De- ‘‘(A) in which 1 or more individuals are re- water source does not meet State or Federal partment of Commerce explicitly declares ceiving— drinking water standards, provide to the that ‘‘[a]ll deliverables provided under this ‘‘(i) assistance under a State program fund- Committees on Armed Services of the Senate contract become the property of the U.S. ed under part A of title IV of the Social Se- and the House of Representatives and the Government.’’. One of the deliverables is the curity Act (42 U.S.C. 601 et seq.); congressional delegation of the affected automated root zone. ‘‘(ii) supplemental security income pay- State written verification describing the (6) Former President Bill Clinton’s Inter- ments under title XVI of the Social Security noncompliant water sources, including the net czar Ira Magaziner stated that ‘‘[t]he Act (42 U.S.C. 1381 et seq.); location of all affected members of the United States paid for the Internet, the Net ‘‘(iii) supplemental nutrition assistance Armed Forces, and an explanation about how was created under its auspices, and most im- program benefits under the Food and Nutri- the Secretary will bring the water source portantly everything [researchers] did was tion Act of 2008 (7 U.S.C. 2011 et seq.); or into compliance with State and Federal pursuant to government contracts.’’ ‘‘(iv) payments under— standards. (7) Under section 3 of article IV of the Con- ‘‘(I) section 1315, 1521, 1541, or 1542 of title stitution of the United States, Congress has 38, United States Code; or SA 4489. Mrs. MURRAY submitted an the exclusive power to ‘‘dispose of and make ‘‘(II) section 306 of the Veterans’ and Sur- amendment intended to be proposed by all needful Rules and Regulations respecting vivors’ Pension Improvement Act of 1978 (38 her to the bill S. 2943, to authorize ap- the Territory or other Property belonging to U.S.C. 1521 note; Public Law 95–588); or propriations for fiscal year 2017 for the United States’’. ‘‘(B) that has an income determined by the military activities of the Department (8) The .gov and .mil top-level domains are State in which the eligible entity is located of Defense, for military construction, the property of the United States Govern- to not exceed the greater of— ment, and as property, the United States ‘‘(i) an amount equal to 150 percent of the and for defense activities of the De- Government should have the exclusive con- poverty level for that State; or partment of Energy, to prescribe mili- trol and use of those domains in perpetuity. ‘‘(ii) an amount equal to 60 percent of the tary personnel strengths for such fiscal (b) MAINTAINING THE IANA FUNCTIONS CON- median income for that State. year, and for other purposes; which was TRACT.—The Assistant Secretary of Com- ‘‘(4) PUBLIC WATER SYSTEM.—The term ordered to lie on the table; as follows: merce for Communications and Information ‘public water system’ has the meaning given At the end of subtitle I of title X, add the may not allow the responsibility of the Na- the term in section 1401 of the Safe Drinking following: tional Telecommunications and Information Water Act (42 U.S.C. 300f). SEC. 1097. NOTIFICATION OF PROPOSED Administration with respect to the Internet ‘‘(5) SANITATION SERVICES.—The term ‘sani- CHANGES TO THE AIR FORCE STRA- domain name system functions, including re- tation services’ has the meaning given the TEGIC BASING PROCESS. sponsibility with respect to the authori- term in section 113(g). Not later than 30 days after making a de- tative root zone file and the performance of ‘‘(b) ESTABLISHMENT.— termination to change the concept of oper- the Internet Assigned Numbers Authority ‘‘(1) IN GENERAL.—The Administrator shall ations, basing objectives, criteria, policies, functions, to terminate, lapse, expire, be establish a pilot program to award grants to programming, planning, or directives of the cancelled, or otherwise cease to be in effect not fewer than 10 eligible entities to assist strategic basing process, the Secretary of the unless a Federal statute enacted after the low-income households in maintaining ac- Air Force shall notify Congress of the pro- date of enactment of this Act expressly cess to sanitation services. posed change. The notification shall include grants the Assistant Secretary such author- ‘‘(2) LOWER INCOME LIMIT.—For purposes of a briefing by the Chair of the Strategic Bas- ity. this section, a State may adopt an income ing Executive Steering Group and a detailed, (c) EXCLUSIVE UNITED STATES GOVERNMENT limit that is lower than the limit described written risk assessment and analysis report OWNERSHIP AND CONTROL OF .GOV AND .MIL in subsection (a)(3)(B), except that the State regarding the change. DOMAINS.—Not later than 60 days after the may not exclude a household from eligibility date of enactment of this Act, the Assistant in a fiscal year based solely on household in- SA 4490. Mrs. MURRAY submitted an Secretary of Commerce for Communications come if that income is less than 110 percent amendment intended to be proposed by and Information shall provide to Congress a of the poverty level for that State. her to the bill S. 2943, to authorize ap- written certification that the United States ‘‘(c) REPORT.—Not later than 1 year after Government has— the date of enactment of this section, the propriations for fiscal year 2017 for (1) secured sole ownership of the .gov and Administrator shall submit to Congress a re- military activities of the Department .mil top-level domains; and port on the results of the program estab- of Defense, for military construction, (2) entered into a contract with the Inter- lished under this section.’’. and for defense activities of the De- net Corporation for Assigned Names and partment of Energy, to prescribe mili- Numbers that provides that the United SA 4488. Mr. CARDIN submitted an tary personnel strengths for such fiscal States Government has exclusive control and amendment intended to be proposed by year, and for other purposes; which was use of those domains in perpetuity. him to the bill S. 2943, to authorize ap- ordered to lie on the table; as follows: propriations for fiscal year 2017 for SA 4487. Mr. CARDIN submitted an At the end of subtitle D of title XIV, add amendment intended to be proposed by military activities of the Department the following: him to the bill S. 2943, to authorize ap- of Defense, for military construction, SEC. 1433. TERMINATION OF REDUCTION TO UN- DISTRIBUTED DEFENSE HEALTH propriations for fiscal year 2017 for and for defense activities of the De- partment of Energy, to prescribe mili- PROGRAM RELATING TO FERTILITY military activities of the Department TREATMENT BENEFITS. tary personnel strengths for such fiscal of Defense, for military construction, (a) TERMINATION OF REDUCTION.—The re- and for defense activities of the De- year, and for other purposes; which was duction in the amount available for undis- partment of Energy, to prescribe mili- ordered to lie on the table; as follows: tributed Defense Health Program relating to tary personnel strengths for such fiscal At the end of subtitle B of title II, add the unauthorized fertility treatment benefits otherwise to be made by reason of the fund- year, and for other purposes; which was following: SEC. 306. COMPLIANCE OF MILITARY HOUSING ing table in section 4501 shall note be made. ordered to lie on the table; as follows: WATER SUPPLIES WITH FEDERAL (b) INCREASE IN AMOUNT AUTHORIZED FOR At the end of subtitle I of title X, add the AND STATE DRINKING WATER DEFENSE HEALTH PROGRAM FOR BENEFITS.— following: STANDARDS. The amount authorized to be appropriated SEC. 1097. LOW-INCOME SEWER AND WATER AS- (a) STUDY.—Not later than 180 days after for fiscal year 2017 for the Defense Health SISTANCE PILOT PROGRAM. the date of the enactment of this Act, the Program by section 1405 is hereby increased Title I of the Federal Water Pollution Con- Secretary of Defense shall conduct a study by $38,000,000, with the amount of the in- trol Act (33 U.S.C. 1251 et seq.) is amended by to determine whether members of the Armed crease to be allocated to undistributed De- adding at the end the following: Forces and their families who live in mili- fense Health Program as specified in the ‘‘SEC. 123. LOW-INCOME SEWER AND WATER AS- tary housing in the United States have ac- funding table in section 4501 and available SISTANCE PILOT PROGRAM. cess to water that complies with State and for unauthorized fertility treatment bene- ‘‘(a) DEFINITIONS.—In this section: Federal drinking water standards. fits.

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Mr. BENNET (for himself, ‘‘(e) DURATION OF CONTRACTS.—An utility fiscal year, and for other purposes; Mr. BLUMENTHAL, Mrs. GILLIBRAND, and energy service contract entered into under which was ordered to lie on the table; Ms. BALDWIN) submitted an amendment this section may have a contract period not as follows: to exceed 25 years. intended to be proposed by him to the Strike title XXXIII and insert the fol- ‘‘(f) VERIFICATION REQUIREMENTS.—The lowing: bill S. 2943, to authorize appropriations conditions of an utility energy service con- for fiscal year 2017 for military activi- tract entered into under this section shall TITLE XXXIII—EXEMPTION FROM MED- ties of the Department of Defense, for include requirements for measurement, ICAL CERTIFICATION REQUIREMENTS military construction, and for defense verification, and performance assurances or SEC. 3301. REPORTING BY PILOTS EXEMPT FROM activities of the Department of Energy, guarantees of the savings.’’. MEDICAL CERTIFICATION REQUIRE- MENTS. to prescribe military personnel SA 4493. Mr. MARKEY submitted an Not later than 180 days after the date of strengths for such fiscal year, and for the enactment of this Act, the Secretary of other purposes; which was ordered to amendment intended to be proposed by Transportation shall require any pilot who is lie on the table; as follows: him to the bill S. 2943, to authorize ap- exempt from medical certification require- propriations for fiscal year 2017 for At the end of subtitle E of title XVI, add ments to submit, not less frequently than the following: military activities of the Department once every 180 days, a report to the Depart- of Defense, for military construction, ment of Transportation that— SEC. 1667. INCREASED FUNDING FOR CERTAIN (1) identifies the pilot’s status as an active MISSILE DEFENSE ACTIVITIES. and for defense activities of the De- pilot; and (a) PROCUREMENT, DEFENSE-WIDE.—The partment of Energy, to prescribe mili- (2) includes a summary of the pilot’s recent amount authorized to be appropriated for fis- tary personnel strengths for such fiscal flight hours. cal year 2017 for the Department of Defense year, and for other purposes; which was by section 101 is hereby increased by SEC. 3302. GOVERNMENT ACCOUNTABILITY OF- ordered to lie on the table; as follows: FICE REPORT ASSESSING EFFECT $290,000,000, with the amount of increase to ON PUBLIC SAFETY OF EXEMPTION be available for procurement, Defense-wide, At the end of subtitle G of title V, add the following: FOR SPORT PILOTS FROM REQUIRE- as specified in the funding table in section MENT FOR A MEDICAL CERTIFICATE. 4101 and available for procurement for the SEC. 590. ATOMIC VETERANS SERVICE MEDAL. Not later than 2 years after the date of the following: (a) SERVICE MEDAL REQUIRED.—The Sec- enactment of this Act, the Comptroller Gen- (1) Iron Dome, $20,000,000. retary of Defense shall design and produce a eral of the United States shall submit a re- (2) David’s Sling Weapon System, military service medal, to be known as the port to the Committee on Commerce, $150,000,000. ‘‘Atomic Veterans Service Medal’’, to honor Science, and Transportation of the Senate (3) Arrow 3 Upper Tier, $120,000,000. retired and former members of the Armed and the Committee on Transportation and (b) RDT&E, DEFENSE-WIDE.—The amount Forces who are radiation-exposed veterans Infrastructure of the House of Representa- authorized to be appropriated for fiscal year (as such term is defined in section 1112(c)(3) tives that assesses the effect of section 2017 for the Department of Defense by sec- of title 38, United States Code). 61.23(c)(ii) of title 14, Code of Federal Regula- tion 201 is hereby increased by $29,900,000, (b) DISTRIBUTION OF MEDAL.— tions (permitting a person to exercise the with the amount of increase to be available (1) ISSUANCE TO RETIRED AND FORMER MEM- privileges of a sport pilot certificate without for research, development, test, and evalua- BERS.—At the request of a radiation-exposed holding a medical certificate), on public safe- tion, Defense-wide, as specified in the fund- veteran, the Secretary of Defense shall issue ty since 2004. ing table in section 4201 and available for re- the Atomic Veterans Service Medal to the search, development, test, and evaluation for veteran. SA 4496. Mr. KAINE (for himself, Mr. the following: (2) ISSUANCE TO NEXT-OF-KIN.—In the case FLAKE, and Mr. NELSON) submitted an (1) David’s Sling Weapon System, of a radiation-exposed veteran who is de- amendment intended to be proposed by $19,300,000. ceased, the Secretary may provide for him to the bill S. 2943, to authorize ap- (2) Arrow 3 Upper Tier, $4,100,000. issuance of the Atomic Veterans Service propriations for fiscal year 2017 for (3) Base Arrow, $6,500,000. Medal to the next-of-kin of the person. military activities of the Department (c) CONSTRUCTION OF INCREASE.—Amounts (3) APPLICATION.—The Secretary shall pre- pare and disseminate as appropriate an ap- of Defense, for military construction, available under subsection (a) for procure- and for defense activities of the De- ment for items specified in subsection (a), plication by which radiation-exposed vet- and amounts available under subsection (b) erans and their next-of-kin may apply to re- partment of Energy, to prescribe mili- for research, development, test, and evalua- ceive the Atomic Veterans Service Medal. tary personnel strengths for such fiscal tion for items specified in subsection (b), are year, and for other purposes; which was in addition to any other amounts available SA 4494. Mr. BLUMENTHAL sub- ordered to lie on the table; as follows: for such purposes for such items in this Act. mitted an amendment intended to be At the end of title XII, add the following: (d) OFFSET.—Amounts for the aggregate of proposed by him to the bill S. 2943, to Subtitle I—Authority for the Use of Military the increases in subsections (a) and (b) shall authorize appropriations for fiscal year Force Against the Islamic State of Iraq and be derived as follows: 2017 for military activities of the De- the Levant (1) From a reduction of $219,900,000 in the partment of Defense, for military con- SEC. 1281. FINDINGS. amount of savings otherwise available for Congress makes the following findings: fiscal year 2017 in connection with bulk fuel struction, and for defense activities of (1) The terrorist organization that has re- as specified in the funding table in section the Department of Energy, to prescribe ferred to itself as the Islamic State of Iraq 4301. military personnel strengths for such and the Levant and various other names (in (2) From a reduction of $100,000,000 in the fiscal year, and for other purposes; this subtitle referred to as ‘‘ISIL’’) poses a amount authorized to be appropriated for fis- which was ordered to lie on the table; grave threat to the people and territorial in- cal year 2017 for lift and sustain to maintain as follows: tegrity of Iraq and Syria, regional stability, program affordability as specified in the At the end of title XXXIII, add the fol- and the national security interests of the funding table in section 4302. lowing: United States and its allies and partners. SA 4492. Mr. SCHATZ submitted an SEC. 3308. RULEMAKING ESTABLISHING MIN- (2) ISIL holds significant territory in Iraq IMUM LIABILITY INSURANCE LEV- and Syria and has stated its intention to amendment intended to be proposed by ELS FOR PILOTS. seize more territory and demonstrated the him to the bill S. 2943, to authorize ap- Not later than 180 days after the date of capability to do so. propriations for fiscal year 2017 for the enactment of this Act, the Adminis- (3) ISIL leaders have stated that they in- military activities of the Department trator of the Federal Aviation Administra- tend to conduct terrorist attacks inter- of Defense, for military construction, tion shall initiate a rulemaking to establish nationally, including against the United and for defense activities of the De- minimum levels of liability insurance for States, its citizens, and interests. partment of Energy, to prescribe mili- any pilot covered under this title. (4) ISIL has committed despicable acts of tary personnel strengths for such fiscal violence and mass executions against Mus- SA 4495. Mr. BLUMENTHAL sub- lims, regardless of sect, who do not subscribe year, and for other purposes; which was mitted an amendment intended to be to ISIL’s depraved, violent, and oppressive ordered to lie on the table; as follows: proposed by him to the bill S. 2943, to ideology. At the end of subtitle B of title XXVIII, authorize appropriations for fiscal year (5) ISIL has threatened genocide and com- add the following: 2017 for military activities of the De- mitted vicious acts of violence against reli- SEC. 2814. DURATION OF UTILITY ENERGY SERV- gious and ethnic minority groups, including ICE CONTRACTS. partment of Defense, for military con- Iraqi Christian, Yezidi, and Turkmen popu- Section 2913 of title 10, United States Code, struction, and for defense activities of lations. is amended by adding at the end the fol- the Department of Energy, to prescribe (6) ISIL has targeted innocent women and lowing new subsections: military personnel strengths for such girls with horrific acts of violence, including

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.059 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3564 CONGRESSIONAL RECORD — SENATE June 7, 2016 abduction, enslavement, torture, rape, and SEC. 1287. SOLE STATUTORY AUTHORITY FOR Representatives (by request) on the next leg- forced marriage. MILITARY ACTION AGAINST ISIL. islative day by the majority leader of the (7) ISIL is responsible for the deaths of in- This authorization shall constitute the House or by a member of the House des- sole statutory authority for United States nocent United States citizens, including ignated by the majority leader of the House. James Foley, Steven Sotloff, Abdul-Rahman military action against the Islamic State of Peter Kassig, and Kayla Mueller. Iraq and the Levant and associated persons (f) EXPEDITED CONSIDERATION OF QUALI- (8) The United States is working with re- or forces, and supersedes any prior author- FYING LEGISLATION.— gional and global allies and partners to de- ization for the use of military force involv- (1) CONSIDERATION IN THE HOUSE OF REP- grade and defeat ISIL, to cut off its funding, ing action against ISIL. RESENTATIVES.— to stop the flow of foreign fighters to its (A) COMMITTEE REFERRAL AND DISCHARGE.— ranks, and to support local communities as SA 4497. Mr. KAINE (for himself and If a committee of the House to which quali- they reject ISIL. Mr. MERKLEY) submitted an amend- fying legislation described in paragraph (1) (9) The announcement of the anti-ISIL Co- ment intended to be proposed by him or paragraph (3) of subsection (c) has been re- alition on September 5, 2014, during the to the bill S. 2943, to authorize appro- ferred has not reported such qualifying legis- NATO Summit in Wales, stated that ISIL priations for fiscal year 2017 for mili- lation within 10 legislative days after such poses a serious threat and should be coun- tary activities of the Department of referral, that committee shall be discharged from further consideration thereof. tered by a broad international coalition. Defense, for military construction, and (10) The United States calls on its allies (B) FLOOR CONSIDERATION.—When the com- and partners, particularly in the Middle East for defense activities of the Depart- mittee to which qualifying legislation de- and North Africa, to join the anti-ISIL Coali- ment of Energy, to prescribe military scribed in paragraph (1) or paragraph (3) of tion and defeat this terrorist threat. personnel strengths for such fiscal subsection (c) has been referred has reported, (11) President Barack Obama, United year, and for other purposes; which was or has been deemed to be discharged (under States military leaders, and United States ordered to lie on the table; as follows: paragraph (1) of this subsection) from further allies in the region have made clear that it At the end of subtitle H of title XII, add consideration of, such qualifying legislation, is more effective to use the unique capabili- the following: or when a committee has reported qualifying ties of the United States Government to sup- legislation described in subsection (c)(2), it is SEC. 1227. REPEAL OF AUTHORIZATION FOR USE port regional partners instead of large-scale OF MILITARY FORCE. at any time thereafter in order (even though deployments of United States ground forces (a) PURPOSE.—The purpose of this section a previous motion to the same effect has in this mission. is to encourage a new Administration to been disagreed to) for any Member of the re- SEC. 1282. AUTHORIZATION FOR USE OF UNITED work with Congress in its first two years to spective House to move to proceed to the STATES ARMED FORCES. effectively revise the 2001 Authorization for consideration of the qualifying legislation, (a) AUTHORIZATION.—The President is au- Use of Military Force (Public Law 107–40; 50 and all points of order against the motion to thorized to use the Armed Forces of the U.S.C. 1541 note). proceed are waived. The motion is highly United States as the President determines (b) FINDINGS.—Congress makes the fol- privileged in the House of Representatives. necessary and appropriate against ISIL or lowing findings: The motion is not subject to amendment, or associated persons or forces as defined in sec- (1) The 2001 Authorization for Use of Mili- to a motion to postpone, or to a motion to tion 1285. proceed to the consideration of other busi- (b) WAR POWERS RESOLUTION REQUIRE- tary Force is now nearly 15 years old. ness. A motion to reconsider the vote by MENTS.— (2) A new Administration should determine which the motion is agreed to or disagreed to (1) SPECIFIC STATUTORY AUTHORIZATION.— how the United States continues to fight ter- shall not be in order. If a motion to proceed Consistent with section 8(a)(1) of the War rorism in a disciplined way consistent with to the consideration of the qualifying legis- Powers Resolution (50 U.S.C. 1547(a)(1)), Con- the authorities provided under Article I and gress declares that this section is intended II of the Constitution and the War Powers lation is agreed to, the qualifying legislation to constitute specific statutory authoriza- Resolution (50 U.S.C. 1541 et seq.). shall remain the unfinished business of the tion within the meaning of section 5(b) of the (c) QUALIFYING LEGISLATION DEFINED.—In House until disposed of. War Powers Resolution (50 U.S.C. 1544(b)). this section, the term ‘‘qualifying legisla- (2) CONSIDERATION IN THE SENATE.— (A) COMMITTEE REFERRAL.—Qualifying leg- (2) APPLICABILITY OF OTHER REQUIRE- tion’’ means— islation described in paragraph (1) or para- MENTS.—Nothing in this subtitle supersedes (1) proposed legislation submitted by the any requirements of the War Powers Resolu- President under subsection (d) not later than graph (3) of subsection (c) that is introduced tion (50 U.S.C. 1541 et seq.). the date specified in such subsection; in the Senate shall be referred to the Com- (c) PURPOSE.—The purpose of this author- (2) in the event the President does not sub- mittee on Foreign Relations. ization is to protect the lives of United mit such proposed legislation by such date, (B) REPORTING AND DISCHARGE.—If the States citizens and to provide military sup- legislation reported by the Committee on Committee on Foreign Relations has not re- port to regional partners in their battle to Foreign Relations of the Senate or the Com- ported such qualifying legislation within 10 defeat ISIL. The use of significant United mittee on Foreign Affairs of the House of days upon which the Senate is in session States ground troops in combat against Representatives after such date and not later after such referral, that committee shall be ISIL, except to protect the lives of United than November 20, 2017, that refines, modi- discharged from further consideration there- States citizens from imminent threat, is not fies, or repeals the authorization for the use of and such legislation shall be placed on the consistent with such purpose. of force provided in the Authorization for appropriate calendar. SEC. 1283. DURATION OF AUTHORIZATION. Use of Military Force (Public Law 107–40, 155 (C) FLOOR CONSIDERATION.—When the Com- The authorization for the use of military Stat. 224), enacted on September 18, 2001; or mittee on Foreign Relations has reported, or force under this subtitle shall terminate (3) in the event proposed legislation is not has been discharged (under paragraph (1) of three years after the date of the enactment submitted or reported as described under this subsection) from further consideration of this Act, unless reauthorized. paragraph (1) or (2), respectively, legislation of, qualifying legislation described in para- SEC. 1284. REPORTS. that refines, modifies, or repeals the author- graph (1) or paragraph (3) of subsection (c), The President shall report to Congress at ization for the use of force provided in the or when the Committee on Foreign Relations least once every six months on specific ac- Authorization for Use of Military Force has reported qualifying legislation described tions taken pursuant to this authorization. (Public Law 107–40, 155 Stat. 224) that is in- in subsection (c)(2), it is at any time there- SEC. 1285. ASSOCIATED PERSONS OR FORCES DE- troduced by any member of the Senate or after in order (even though a previous mo- FINED. House of Representatives after November 20, tion to the same effect has been disagreed to) In this subtitle, the term ‘‘associated per- 2017. for any Senator, notwithstanding Rule XXII sons or forces’’— (d) REQUIRED PRESIDENTIAL SUBMISSION.— of the Standing Rules of the Senate, to move (1) means individuals and organizations Not later than September 20, 2017, the Presi- to proceed to the consideration of the quali- fighting for, on behalf of, or alongside ISIL dent shall submit to Congress proposed legis- fying legislation, and all points of order or any closely-related successor entity in lation that refines, modifies, or repeals the against the motion to proceed are waived. hostilities against the United States or its authorization for the use of force provided in The motion is not subject to a motion to coalition partners; and the Authorization for Use of Military Force postpone, or to a motion to proceed to the (2) refers to any individual or organization (Public Law 107–40, 155 Stat. 224) (in this sec- consideration of other business. The motion that presents a direct threat to members of tion referred to as ‘‘qualifying legislation’’). is not debatable. A motion to reconsider the the United States Armed Forces, coalition (e) INTRODUCTION OF QUALIFYING LEGISLA- vote by which the motion is agreed to or dis- partner forces, or forces trained by the coali- TION SUBMITTED BY PRESIDENT.—Proposed agreed to shall not be in order. If a motion tion, in their fight against ISIL. legislation submitted by the President under to proceed to the consideration of the quali- SEC. 1286. REPEAL OF AUTHORIZATION FOR USE subsection (d) shall be introduced in the Sen- fying legislation is agreed to, the qualifying OF MILITARY FORCE AGAINST IRAQ. ate (by request) on the next day on which the legislation shall remain the unfinished busi- The Authorization for Use of Military Senate is in session by the majority leader of ness of the Senate until disposed of. Force Against Iraq Resolution of 2002 (Public the Senate or by a member of the Senate (3) RULES OF HOUSE OF REPRESENTATIVES Law 107–243; 116 Stat. 1498; 50 U.S.C. 1541 designated by the majority leader of the Sen- AND SENATE.—This subsection is enacted by note) is hereby repealed. ate and shall be introduced in the House of Congress—

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.041 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3565 (A) as an exercise of the rulemaking power section, the term ‘‘appropriate congressional ‘‘(3) If the Secretary removes or demotes of the Senate and the House of Representa- committees and leadership’’ means— an individual as described in paragraph (1), tives, respectively, and as such it is deemed (A) the Committee on Foreign Relations, the Secretary may— a part of the rules of each House, respec- the Committee on Armed Services, the Se- ‘‘(A) remove the individual from the civil tively, but applicable only with respect to lect Committee on Intelligence, the Com- service (as defined in section 2101 of title 5); the procedure to be followed in that House in mittee on Appropriations, and the Majority or the case of legislation described in those sec- and Minority Leaders of the Senate; and ‘‘(B) demote the individual by means of— tions, and it supersedes other rules only to (B) the Committee on Foreign Affairs, the ‘‘(i) a reduction in grade for which the indi- the extent that it is inconsistent with such Committee on Armed Services, the Perma- vidual is qualified and that the Secretary de- rules; and nent Select Committee on Intelligence, the termines is appropriate; or (B) with full recognition of the constitu- Committee on Appropriations, and the ‘‘(ii) a reduction in annual rate of pay that tional right of either House to change the Speaker, Majority Leader, and Minority the Secretary determines is appropriate. rules (so far as relating to the procedure of Leader of the House of Representatives. ‘‘(b) PAY OF CERTAIN DEMOTED INDIVID- that House) at any time, in the same man- (h) REPEAL.—The Authorization for Use of UALS.—(1) Notwithstanding any other provi- ner, and to the same extent as in the case of Military Force (Public Law 107–40; 50 U.S.C. sion of law, any individual subject to a de- any other rule of that House. 1541 note) shall terminate on January 1, 2019. motion under subsection (a)(3)(B)(i) shall, be- (g) REPORTS TO CONGRESS.— ginning on the date of such demotion, re- (1) STRATEGY.—Not later than September SA 4498. Mr. RUBIO submitted an ceive the annual rate of pay applicable to 20, 2017, the President shall submit to the ap- amendment intended to be proposed by such grade. propriate congressional committees and ‘‘(2) An individual so demoted may not be leadership a written report setting forth a him to the bill S. 2943, to authorize ap- placed on administrative leave or any other comprehensive strategy of the United States, propriations for fiscal year 2017 for category of paid leave during the period dur- encompassing military, economic, humani- military activities of the Department ing which an appeal (if any) under this sec- tarian, and diplomatic efforts, to protect of Defense, for military construction, tion is ongoing, and may only receive pay if Americans from al Qaeda, the Taliban, the and for defense activities of the De- the individual reports for duty. If an indi- Islamic State of Iraq and the Levant (ƒISIL), partment of Energy, to prescribe mili- vidual so demoted does not report for duty, and transnational terrorist organizations tary personnel strengths for such fiscal such individual shall not receive pay or that the President has determined threaten year, and for other purposes; which was other benefits pursuant to subsection (e)(5). the national security of United States and to ‘‘(c) NOTICE TO CONGRESS.—Not later than support international partners in their fight ordered to lie on the table; as follows: 30 days after removing or demoting an indi- to defeat such organizations. At the end of title X, add the following: vidual under subsection (a), the Secretary (2) IMPLEMENTATION OF STRATEGY.— Subtitle J—Treatment of Employees of De- shall submit to the Committees on Veterans’ (A) IN GENERAL.—Not later than September partment of Veterans Affairs and Protec- Affairs of the Senate and House of Rep- 20, 2017, and every 180 days thereafter, the tion of Whistleblowers resentatives notice in writing of such re- President shall submit to the appropriate moval or demotion and the reason for such congressional committees and leadership a SEC. 1097. REMOVAL OR DEMOTION OF EMPLOY- removal or demotion. EES OF THE DEPARTMENT OF VET- ‘‘(d) PROCEDURE.—(1) The procedures under description and assessment of the implemen- ERANS AFFAIRS BASED ON PER- tation of the strategy set forth in the report FORMANCE OR MISCONDUCT. section 7513(b) of title 5 and chapter 43 of such title shall not apply to a removal or de- required by paragraph (1), including a de- (a) IN GENERAL.—Chapter 7 of title 38, scription of any substantive change to the motion under this section. United States Code, is amended by adding at ‘‘(2)(A) Subject to subparagraph (B) and comprehensive strategy, including the rea- the end the following new section: son for the change and the change’s effect on subsection (e), any removal or demotion the rest of the comprehensive strategy. ‘‘§ 714. Employees: removal or demotion based under subsection (a) may be appealed to the (B) REQUIRED ELEMENTS OF THE REPORT.— on performance or misconduct Merit Systems Protection Board under sec- The report required under subparagraph (A) ‘‘(a) IN GENERAL.—(1) The Secretary may tion 7701 of title 5. shall include the specific military actions remove or demote an individual who is an ‘‘(B) An appeal under subparagraph (A) of a taken to address the threat posed by employee of the Department if the Secretary removal or demotion may only be made if transnational terrorist organizations and as- determines the performance or misconduct such appeal is made not later than seven sociated persons or forces, including— of the individual warrants such removal or days after the date of such removal or demo- (i) the persons and forces targeted by such demotion. tion. actions; ‘‘(2) A determination under paragraph (1) ‘‘(e) EXPEDITED REVIEW BY ADMINISTRATIVE (ii) the nature and location of such actions; that the performance or misconduct of an in- LAW JUDGE.—(1) Upon receipt of an appeal (iii) an evaluation of the effectiveness of dividual warrants removal or demotion may under subsection (d)(2)(A), the Merit Sys- such actions; and consist of a determination of any of the fol- tems Protection Board shall refer such ap- (iv) a description of and justification for lowing: peal to an administrative law judge pursuant to section 7701(b)(1) of title 5. The adminis- the specific authorities relied upon for such ‘‘(A) The individual neglected a duty of the trative law judge shall expedite any such ap- actions. position in which the individual was em- peal under such section and, in any such (3) REPORT ON ACTIONS IN FOREIGN COUN- ployed. case, shall issue a decision not later than 45 TRIES.—Not later than 30 days after the date ‘‘(B) The individual engaged in malfea- days after the date of the appeal. of the enactment of this Act, the President sance. ‘‘(2) Notwithstanding any other provision shall submit to the appropriate congres- ‘‘(C) The individual failed to accept a di- of law, including section 7703 of title 5, the sional committees and leadership a report rected reassignment or to accompany a posi- decision of an administrative judge under detailing all foreign countries in which the tion in a transfer of function. paragraph (1) shall be final and shall not be United States government is conducting, or ‘‘(D) The individual violated a policy of the subject to any further appeal. is preparing to conduct, specific actions de- Department. ‘‘(3) In any case in which the administra- scribed in paragraph (2)(B), and shall update ‘‘(E) The individual violated a provision of tive judge cannot issue a decision in accord- this report no less than 48 hours before such law. ance with the 45-day requirement under actions take place in a new country, unless ‘‘(F) The individual engaged in insubor- paragraph (1), the removal or demotion is exigent circumstances exist. dination. final. In such a case, the Merit Systems Pro- (4) COVERED PERSONS AND FORCES.—Not ‘‘(G) The individual over prescribed medi- tection Board shall, within 14 days after the later than 30 days after the date of the enact- cation. date that such removal or demotion is final, ment of this Act, the President shall submit ‘‘(H) The individual contributed to the pur- submit to Congress and the Committees on to Congress a list of the organizations, per- poseful omission of the name of one or more Veterans’ Affairs of the Senate and House of sons, or forces against which the United veterans waiting for health care from an Representatives a report that explains the States is conducting military operations electronic wait list for a medical facility of reasons why a decision was not issued in ac- pursuant to the 2001 Authorization for Use of the Department. cordance with such requirement. Military Force (Public Law 107-40, 155 Stat. ‘‘(I) The individual was the supervisor of ‘‘(4) The Merit Systems Protection Board 224) or the Authorization for Use of Military an employee of the Department, or was a su- or administrative judge may not stay any re- Force Against Iraq Resolution of 2002 (Public pervisor of the supervisor, at any level, who moval or demotion under this section. Law 107–243; 116 Stat. 1498; 50 U.S.C. 1541 contributed to a purposeful omission as de- ‘‘(5) During the period beginning on the note), or Article II of the Constitution of the scribed in subparagraph (H) and knew, or date on which an individual appeals a re- United States, respectively, along with a jus- reasonably should have known, that the em- moval from the civil service under sub- tification for the inclusion of such organiza- ployee contributed to such purposeful omis- section (d) and ending on the date that the tions, persons, or forces, and classified infor- sion. administrative judge issues a final decision mation relating thereto. The list shall be up- ‘‘(J) Such other performance or mis- on such appeal, such individual may not re- dated at least every 90 days. conduct as the Secretary determines war- ceive any pay, awards, bonuses, incentives, (5) APPROPRIATE CONGRESSIONAL COMMIT- rants the removal or demotion of the indi- allowances, differentials, student loan repay- TEES AND LEADERSHIP DEFINED.—In this sub- vidual under paragraph (1). ments, special payments, or benefits.

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.041 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3566 CONGRESSIONAL RECORD — SENATE June 7, 2016 ‘‘(6) To the maximum extent practicable, ‘‘(2) does not include any individual with a ‘‘(E) Receiving and referring disclosures the Secretary shall provide to the Merit Sys- probationary period prescribed by section from the Special Counsel for investigation to tems Protection Board, and to any adminis- 7403 of this title. the Medical Inspector of the Department, the trative law judge to whom an appeal under ‘‘(c) PERMANENT HIRES.—Upon the expira- Inspector General of the Department, or this section is referred, such information and tion of a covered employee’s probationary such other person with investigatory author- assistance as may be necessary to ensure an period under subsection (a), the supervisor of ity, as the Assistant Secretary considers ap- appeal under this subsection is expedited. the employee shall determine whether the propriate. ‘‘(f) RELATION TO OTHER PROVISIONS OF appointment becomes final based on regula- ‘‘(F) Recording, tracking, reviewing, and LAW.—(1) The authority provided by this sec- tions prescribed for such purpose by the Sec- confirming implementation of recommenda- tion is in addition to the authority provided retary.’’. tions from audits and investigations carried by subchapter V of chapter 75 of title 5 and (b) APPLICATION.—The amendment made by out by the Inspector General of the Depart- chapter 43 of such title. subsection (a) shall apply to any covered em- ment, the Medical Inspector of the Depart- ‘‘(2) Subchapter V of chapter 74 of this title ployee (as that term is defined in section 715 ment, the Special Counsel, and the Comp- shall not apply to any action under this sec- of title 38, United States Code, as added by troller General of the United States, includ- tion. such subsection) appointed after the date of ing the imposition of disciplinary actions ‘‘(g) DEFINITIONS.—In this section: the enactment of this Act. and other corrective actions contained in ‘‘(1) The term ‘individual’ means an indi- (c) CLERICAL AND CONFORMING AMEND- such recommendations. vidual occupying a position at the Depart- MENTS.— ‘‘(G) Analyzing data from the Office and ment of Veterans Affairs but does not in- (1) CLERICAL.—The table of sections at the the Office of Inspector General telephone clude— beginning of chapter 7 of such title, as hotlines, other whistleblower disclosures, ‘‘(A) an individual, as that term is defined amended by section 1097, is further amended disaggregated by facility and area of health in section 713(g)(1) of this title; or by inserting after the item relating to sec- care if appropriate, and relevant audits and ‘‘(B) a political appointee. tion 714 the following new item: investigations to identify trends and issue ‘‘(2) The term ‘grade’ has the meaning ‘‘715. Probationary period for employees.’’. reports to the Secretary based on analysis given such term in section 7511(a) of title 5. (2) CONFORMING.—Title 5, United States conducted under this subparagraph. ‘‘(3) The term ‘misconduct’ includes ne- Code, is amended— ‘‘(H) Receiving, reviewing, and inves- glect of duty, malfeasance, or failure to ac- (A) in section 3321(c), by— tigating allegations of misconduct, retalia- cept a directed reassignment or to accom- (i) striking ‘‘Service or’’ and inserting tion, or poor performance involving— pany a position in a transfer of function. ‘‘Service,’’; and ‘‘(i) an individual in a senior executive po- ‘‘(4) The term ‘political appointee’ means (ii) inserting at the end before the period sition (as defined in section 713(d) of this an individual who is— the following: ‘‘, or any individual covered title) in the Department; ‘‘(A) employed in a position described by section 715 of title 38’’; and ‘‘(ii) an individual employed in a confiden- under sections 5312 through 5316 of title 5, (B) in section 3393(d), by adding at the end tial, policy-making, policy-determining, or (relating to the Executive Schedule); after the period the following: ‘‘The pre- policy-advocating position in the Depart- ‘‘(B) is a limited term appointee, limited ceding sentence shall not apply to any indi- ment; or emergency appointee, or noncareer ap- vidual covered by section 715 of title 38.’’. ‘‘(iii) a supervisory employee, if the allega- pointee in the Senior Executive Service, as SEC. 1097B. OFFICE OF ACCOUNTABILITY AND tion involves retaliation against an em- defined under paragraphs (5), (6), and (7), re- WHISTLEBLOWER PROTECTION. ployee for making a whistleblower disclo- spectively, of section 3132(a) of title 5; or (a) IN GENERAL.—Chapter 3 of title 38, sure. ‘‘(C) is employed in a position of a con- United States Code, is amended by adding at ‘‘(I) Making such recommendations to the fidential or policy-determining character the end the following new section: Secretary for disciplinary action as the As- under schedule C of subpart C of part 213 of ‘‘§ 323. Office of Accountability and Whistle- sistant Secretary considers appropriate after title 5 of the Code of Federal Regulations.’’. blower Protection substantiating any allegation of misconduct (b) CLERICAL AND CONFORMING AMEND- ‘‘(a) ESTABLISHMENT.—There is established or poor performance pursuant to an inves- MENTS.— in the Department an office to be known as tigation carried out as described in subpara- (1) CLERICAL.—The table of sections at the the Office of Accountability and Whistle- graph (F) or (H). beginning of chapter 7 of such title is amend- blower Protection (in this section referred to ‘‘(2) In carrying out the functions of the ed by inserting after the item relating to as the ‘Office’). Office, the Assistant Secretary shall ensure section 713 the following new item: ‘‘(b) HEAD OF OFFICE.—(1) The head of the that the Office maintains a toll-free tele- ‘‘714. Employees: removal or demotion based Office shall be responsible for the functions phone number and Internet website to re- ceive anonymous whistleblower disclosures. on performance or mis- of the Office and shall be appointed by the ‘‘(3) In any case in which the Assistant President pursuant to section 308(a) of this conduct.’’. Secretary receives a whistleblower disclo- (2) CONFORMING.—Section 4303(f) of title 5, title. ‘‘(2) The head of the Office shall be known sure from an employee of the Department United States Code, is amended— as the ‘Assistant Secretary for Account- under paragraph (1)(C), the Assistant Sec- (A) by striking ‘‘or’’ at the end of para- ability and Whistleblower Protection’. retary may not disclose the identity of the graph (2); ‘‘(3) The Assistant Secretary shall report employee without the consent of the em- (B) by striking the period at the end of directly to the Secretary on all matters re- ployee, except in accordance with the provi- paragraph (3) and inserting ‘‘, or’’; and lating to the Office. sions of section 552a of title 5, or as required (C) by adding at the end the following: ‘‘(4) Notwithstanding section 308(b) of this by any other applicable provision of Federal ‘‘(4) any removal or demotion under sec- title, the Secretary may only assign to the law. tion 714 of title 38.’’. Assistant Secretary responsibilities relating ‘‘(d) STAFF AND RESOURCES.—The Secretary SEC. 1097A. REQUIRED PROBATIONARY PERIOD to the functions of the Office set forth in shall ensure that the Assistant Secretary has FOR NEW EMPLOYEES OF THE DE- subsection (c). such staff, resources, and access to informa- PARTMENT OF VETERANS AFFAIRS. ‘‘(c) FUNCTIONS.—(1) The functions of the tion as may be necessary to carry out the (a) IN GENERAL.—Chapter 7 of title 38, Office are as follows: functions of the Office. ‘‘(e) RELATION TO OFFICE OF GENERAL COUN- United States Code, as amended by section ‘‘(A) Advising the Secretary on all matters SEL.—The Office shall not be established as 1097, is further amended by adding at the end of the Department relating to account- an element of the Office of the General Coun- the following new section: ability, including accountability of employ- sel and the Assistant Secretary may not re- ‘‘§ 715. Probationary period for employees ees of the Department, retaliation against port to the General Counsel. ‘‘(a) IN GENERAL.—Notwithstanding sec- whistleblowers, and such matters as the Sec- ‘‘(f) REPORTS.—(1)(A) Not later than June tions 3321 and 3393(d) of title 5, the appoint- retary considers similar and affect public 30 of each calendar year, beginning with ment of a covered employee shall become trust in the Department. June 30, 2017, the Assistant Secretary shall final only after such employee has served a ‘‘(B) Issuing reports and providing rec- submit to the Committee on Veterans’ Af- probationary period of 540 days. The Sec- ommendations related to the duties de- fairs of the Senate and the Committee on retary may extend a probationary period scribed in subparagraph (A). Veterans’ Affairs of the House of Representa- under this subsection at the discretion of the ‘‘(C) Receiving whistleblower disclosures. tives a report on the activities of the Office Secretary. ‘‘(D) Referring whistleblower disclosures during the calendar year in which the report ‘‘(b) COVERED EMPLOYEE.—In this section, received under subparagraph (C) for inves- is submitted. the term ‘covered employee’— tigation to the Office of the Medical Inspec- ‘‘(B) Each report submitted under subpara- ‘‘(1) means any individual— tor, the Office of Inspector General, or other graph (A) shall include, for the period cov- ‘‘(A) appointed to a permanent position investigative entity, as appropriate, if the ered by the report, the following: within the competitive service at the De- Assistant Secretary has reason to believe the ‘‘(i) A full and substantive analysis of the partment; or whistleblower disclosure is evidence of a vio- activities of the Office, including such statis- ‘‘(B) appointed as a career appointee (as lation of a provision of law, mismanagement, tical information as the Assistant Secretary that term is defined in section 3132(a)(4) of gross waste of funds, abuse of authority, or a considers appropriate. title 5) within the Senior Executive Service substantial and specific danger to public ‘‘(ii) Identification of any issues reported at the Department; and health and safety. to the Secretary under subsection (c)(1)(G),

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.042 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3567 including such data as the Assistant Sec- constructively when employees of the De- 1097C, is further amended by adding at the retary considers relevant to such issues and partment report concerns, take responsible end the following new section: any trends the Assistant Secretary may have action to resolve such concerns, and foster ‘‘§ 718. Congressional testimony by employees: identified with respect to such issues. an environment in which employees of the treatment as official duty ‘‘(iii) Identification of such concerns as the Department feel comfortable reporting con- ‘‘(a) CONGRESSIONAL TESTIMONY.—An em- Assistant Secretary may have regarding the cerns to supervisory employees or to the ap- ployee of the Department is performing offi- size, staffing, and resources of the Office and propriate authorities. cial duty during the period with respect to such recommendations as the Assistant Sec- ‘‘(c) SUPERVISORY EMPLOYEE AND WHISTLE- which the employee is testifying in an offi- retary may have for legislative or adminis- BLOWER DEFINED.—In this section, the terms cial capacity in front of either chamber of trative action to address such concerns. ‘supervisory employee’ and ‘whistleblower’ Congress, a committee of either chamber of ‘‘(iv) Such recommendations as the Assist- have the meanings given such terms in sec- Congress, or a joint or select committee of ant Secretary may have for legislative or ad- tion 323 of this title. Congress. ministrative action to improve— ‘‘§ 717. Training regarding whistleblower dis- ‘‘(b) TRAVEL EXPENSES.—The Secretary ‘‘(I) the process by which concerns are re- closures shall provide travel expenses, including per ported to the Office; and ‘‘(a) TRAINING.—Not less frequently than diem in lieu of subsistence, in accordance ‘‘(II) the protection of whistleblowers with- once every two years, the Secretary, in co- with applicable provisions under subchapter in the Department. ordination with the Whistleblower Protec- I of chapter 57 of title 5, to any employee of ‘‘(v) Such other matters as the Assistant tion Ombudsman designated under section the Department of Veterans Affairs per- Secretary considers appropriate regarding 3(d)(1)(C) of the Inspector General Act of 1978 forming official duty described under sub- the functions of the Office or other matters (5 U.S.C. App.), shall provide to each em- section (a).’’. relating to the Office. ployee of the Department training regarding (b) CLERICAL AMENDMENT.—The table of ‘‘(2) If the Secretary receives a rec- whistleblower disclosures, including— sections at the beginning of chapter 7 of such ommendation for disciplinary action under ‘‘(1) an explanation of each method estab- title, as amended by section 1097C, is further subsection (c)(1)(I) and does not take or ini- lished by law in which an employee may file amended by inserting after the item relating tiate the recommended disciplinary action a whistleblower disclosure; to section 717 the following new item: before the date that is 60 days after the date ‘‘(2) the right of the employee to petition ‘‘718. Congressional testimony by employees: on which the Secretary received the rec- Congress regarding a whistleblower disclo- treatment as official duty.’’. ommendation, the Secretary shall submit to sure in accordance with section 7211 of title the Committee on Veterans’ Affairs of the SEC. 1097E. REPORT ON METHODS USED TO IN- 5; VESTIGATE EMPLOYEES OF DEPART- Senate and the Committee on Veterans’ Af- ‘‘(3) an explanation that the employee may MENT OF VETERANS AFFAIRS. fairs of the House of Representatives a de- not be prosecuted or reprised against for dis- (a) REPORT REQUIRED.—Not later than 540 tailed justification for not taking or initi- closing information to Congress, the Inspec- days after the date of the enactment of this ating such disciplinary action. tor General, or another investigatory agency Act, the Assistant Secretary for Account- ‘‘(g) DEFINITIONS.—In this section: in instances where such disclosure is per- ability and Whistleblower Protection shall ‘‘(1) The term ‘supervisory employee’ mitted by law, including under sections 5701, submit to the Secretary of Veterans Affairs, means an employee of the Department who 5705, and 7732 of this title, under section 552a the Committee on Veterans’ Affairs of the is a supervisor as defined in section 7103(a) of of title 5 (commonly referred to as the Pri- Senate, and the Committee on Veterans’ Af- title 5. vacy Act), under chapter 93 of title 18, and fairs of the House of Representatives a re- ‘‘(2) The term ‘whistleblower’ means one pursuant to regulations promulgated under port on methods used to investigate employ- who makes a whistleblower disclosure. section 264(c) of the Health Insurance Port- ees of the Department of Veterans Affairs ‘‘(3) The term ‘whistleblower disclosure’ ability and Accountability Act of 1996 (Pub- and whether such methods are used to retali- means any disclosure of information by an lic Law 104–191); ate against whistleblowers. employee of the Department or individual ‘‘(4) an explanation of the language that is (b) CONTENTS.—The report required by sub- applying to become an employee of the De- required to be included in all nondisclosure section (a) shall include the following: partment which the employee or individual policies, forms, and agreements pursuant to (1) An assessment of the use of administra- reasonably believes evidences— section 115(a)(1) of the Whistleblower Protec- tive investigation boards, peer review, ‘‘(A) a violation of a provision of law; or tion Enhancement Act of 2012 (5 U.S.C. 2302 searches of medical records, and other meth- ‘‘(B) gross mismanagement, a gross waste note); and ods for investigating employees of the De- of funds, an abuse of authority, or a substan- ‘‘(5) the right of contractors to be pro- partment. tial and specific danger to public health or tected from reprisal for the disclosure of cer- (2) A determination of whether and to what safety.’’. tain information under section 4705 or 4712 of degree the methods described in paragraph (b) CONFORMING AMENDMENT.—Section title 41. (1) are being used to retaliate against whis- 308(b) of such title is amended by adding at ‘‘(b) MANNER TRAINING IS PROVIDED.—The tleblowers. the end the following new paragraph: Secretary shall ensure, to the maximum ex- (3) Recommendations for legislative or ad- ‘‘(12) The functions set forth in section tent practicable, that training provided ministrative action to implement safeguards 323(c) of this title.’’. under subsection (a) is provided in person. to prevent the retaliation described in para- (c) CLERICAL AMENDMENT.—The table of ‘‘(c) CERTIFICATION.—Not less frequently graph (2). sections at the beginning of chapter 3 of such than once every two years, the Secretary (c) WHISTLEBLOWER DEFINED.—In this sec- title is amended by inserting after the item shall provide training on merit system pro- tion, the term ‘‘whistleblower’’ has the relating to section 322 the following new tection in a manner that the Special Counsel meaning given such term in section 323 of item: certifies as being satisfactory. title 38, United States Code, as added by sec- ‘‘323. Office of Accountability and Whistle- ‘‘(d) PUBLICATION.—The Secretary shall tion 1097B. blower Protection.’’. publish on the Internet website of the De- SEC. 1097C. PROTECTION OF WHISTLEBLOWERS partment, and display prominently at each SA 4499. Mr. CRUZ submitted an IN DEPARTMENT OF VETERANS AF- facility of the Department, the rights of an amendment intended to be proposed by FAIRS. employee to make a whistleblower disclo- him to the bill S. 2943, to authorize ap- (a) IN GENERAL.—Chapter 7 of title 38, sure, including the information described in propriations for fiscal year 2017 for United States Code, as amended by section paragraphs (1) through (5) of subsection (a). 1097A, is further amended by adding at the military activities of the Department ‘‘(e) WHISTLEBLOWER DISCLOSURE DE- of Defense, for military construction, end the following new sections: FINED.—In this section, the term ‘whistle- ‘‘§ 716. Protection of whistleblowers as cri- blower disclosure’ has the meaning given and for defense activities of the De- teria in evaluation of supervisors such term in section 323 of this title.’’. partment of Energy, to prescribe mili- ‘‘(a) DEVELOPMENT AND USE OF CRITERIA (b) CLERICAL AMENDMENT.—The table of tary personnel strengths for such fiscal REQUIRED.—The Secretary, in consultation sections at the beginning of chapter 7 of such year, and for other purposes; which was with the Assistant Secretary of Account- title, as amended by section 1097A, is further ordered to lie on the table; as follows: ability and Whistleblower Protection, shall amended by inserting after the item relating At the end of part II of subtitle D of title develop criteria that— to section 715 the following new items: VI, add the following: ‘‘(1) the Secretary shall use as a critical ‘‘716. Protection of whistleblowers as criteria SEC. 647. EQUAL BENEFITS UNDER SURVIVOR element in any evaluation of the perform- in evaluation of supervisors. BENEFIT PLAN FOR SURVIVORS OF ance of a supervisory employee; and ‘‘717. Training regarding whistleblower dis- RESERVE COMPONENT MEMBERS ‘‘(2) promotes the protection of whistle- closures.’’. WHO DIE IN THE LINE OF DUTY DUR- blowers. SEC. 1097D. TREATMENT OF CONGRESSIONAL ING INACTIVE-DUTY TRAINING. ‘‘(b) PRINCIPLES FOR PROTECTION OF WHIS- TESTIMONY BY DEPARTMENT OF (a) TREATMENT OF INACTIVE-DUTY TRAINING TLEBLOWERS.—The criteria required by sub- VETERANS AFFAIRS EMPLOYEES AS IN SAME MANNER AS ACTIVE DUTY.— section (a) shall include principles for the OFFICIAL DUTY. (1) IN GENERAL.—Section 1451(c)(1)(A) of protection of whistleblowers, such as the de- (a) IN GENERAL.—Chapter 7 of title 38, title 10, United States Code, is amended— gree to which supervisory employees respond United States Code, as amended by section (A) in clause (i)—

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.042 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3568 CONGRESSIONAL RECORD — SENATE June 7, 2016 (i) by inserting ‘‘or 1448(f)’’ after ‘‘section SA 4500. Mr. JOHNSON (for himself (A) by striking paragraph (9) and inserting 1448(d)’’; and and Mr. CARPER) submitted an amend- the following: (ii) by inserting ‘‘or (iii)’’ after ‘‘clause ment intended to be proposed by him ‘‘(9) The management integration and (ii)’’; and to the bill S. 2943, to authorize appro- transformation within each functional man- (B) in clause (iii)— agement discipline of the Department, in- (i) by striking ‘‘section 1448(f) of this title’’ priations for fiscal year 2017 for mili- cluding information technology, financial and inserting ‘‘section 1448(f)(1)(A) of this tary activities of the Department of management, acquisition management, and title by reason of the death of a member or Defense, for military construction, and human capital management, to ensure an ef- former member not in line of duty’’; and for defense activities of the Depart- ficient and orderly consolidation of func- (ii) by striking ‘‘active’’. ment of Energy, to prescribe military tions and personnel in the Department, in- (2) APPLICATION OF AMENDMENTS.—No annu- personnel strengths for such fiscal cluding— ity benefit under the Survivor Benefit Plan year, and for other purposes; which was ‘‘(A) the development of centralized data sources and connectivity of information sys- shall accrue to any person by reason of the ordered to lie on the table; as follows: amendments made by paragraph (1) for any tems to the greatest extent practicable to period before the date of the enactment of At the end, add the following: enhance program visibility, transparency, this Act. With respect to an annuity under DIVISION F—DHS ACCOUNTABILITY and operational effectiveness and coordina- tion; the Survivor Benefit Plan for a death occur- SECTION 6001. SHORT TITLE. ‘‘(B) the development of standardized and ring on or after September 10, 2001, and be- This division may be cited as the ‘‘DHS Ac- automated management information to fore the date of the enactment of this Act, countability Act of 2016’’. the Secretary concerned shall recompute the manage and oversee programs and make in- benefit amount to reflect such amendments, SEC. 6002. DEFINITIONS. formed decisions to improve the efficiency of effective for months beginning after the date In this division: the Department; of the enactment of this Act. (1) CONGRESSIONAL HOMELAND SECURITY ‘‘(C) the development of effective program COMMITTEES.—The term ‘‘congressional management and regular oversight mecha- (b) CONSISTENT TREATMENT OF DEPENDENT homeland security committees’’ means— nisms, including clear roles and processes for CHILDREN.—Section 1448(f) of such title is (A) the Committee on Homeland Security program governance, sharing of best prac- amended by adding at the end the following and Governmental Affairs of the Senate; tices, and access to timely, reliable, and new paragraph: (B) the Committee on Homeland Security evaluated data on all acquisitions and in- ‘‘(5) DEPENDENT CHILDREN ANNUITY.— of the House of Representatives; vestments; and ‘‘(A) ANNUITY WHEN NO ELIGIBLE SURVIVING (C) the Subcommittee on Homeland Secu- ‘‘(D) the overall supervision, including the SPOUSE.—In the case of a person described in rity of the Committee on Appropriations of conduct of internal audits and management paragraph (1), the Secretary concerned shall the Senate; and analyses, of the programs and activities of pay an annuity under this subchapter to the (D) the Subcommittee on Homeland Secu- the Department, including establishment of dependent children of that person under sec- rity of the Committee on Appropriations of oversight procedures to ensure a full and ef- tion 1450(a)(2) of this title as applicable. the House of Representatives. fective review of the efforts by components ‘‘(B) OPTIONAL ANNUITY WHEN THERE IS AN (2) DEPARTMENT.—The term ‘‘Department’’ of the Department to implement policies and ELIGIBLE SURVIVING SPOUSE.—The Secretary means the Department of Homeland Secu- procedures of the Department for manage- may pay an annuity under this subchapter to rity. ment integration and transformation.’’; the dependent children of a person described (3) SECRETARY.—The term ‘‘Secretary’’ (B) by redesignating paragraphs (10) and in paragraph (1) under section 1450(a)(3) of means the Secretary of Homeland Security. (11) as paragraphs (12) and (13), respectively; this title, if applicable, instead of paying an TITLE LXXI—DEPARTMENT MANAGEMENT and annuity to the surviving spouse under para- AND COORDINATION (C) by inserting after paragraph (9) the fol- graph (1), if the Secretary concerned, in con- SEC. 6101. MANAGEMENT AND EXECUTION. lowing: sultation with the surviving spouse, deter- ‘‘(10) The development of a transition and (a) IN GENERAL.—Section 103 of the Home- mines it appropriate to provide an annuity succession plan, before December 1 of each for the dependent children under this para- land Security Act of 2002 (6 U.S.C. 113) is amended— year in which a Presidential election is held, graph instead of an annuity for the surviving to guide the transition of Department func- spouse under paragraph (1).’’. (1) in subsection (a)(1)— (A) by striking subparagraph (F) and in- tions to a new Presidential administration, (c) DEEMED ELECTIONS.— serting the following: and making such plan available to the next (1) IN GENERAL.—Section 1448(f) of title 10, ‘‘(F) An Under Secretary for Management, Secretary and Under Secretary for Manage- United States Code, as amended by sub- who shall be first assistant to the Deputy ment and to the congressional homeland se- section (b), is further amended by adding at Secretary of Homeland Security for purposes curity committees. the end the following new paragraph: of subchapter III of chapter 33 of title 5, ‘‘(11) Reporting to the Government Ac- ‘‘(6) DEEMED ELECTION TO PROVIDE AN ANNU- United States Code.’’; and countability Office every 6 months to dem- ITY FOR DEPENDENT.—In the case of a person (B) by adding at the end the following: onstrate measurable, sustainable progress described in paragraph (1) who dies after No- ‘‘(K) An Under Secretary for Strategy, Pol- made in implementing the corrective action vember 23, 2003, the Secretary concerned icy, and Plans.’’; and plans of the Department to address the des- may, if no other annuity is payable on behalf (2) by adding at the end the following: ignation of the management functions of the of that person under this subchapter, pay an Department on the bi-annual high risk list of ‘‘(g) VACANCIES.— annuity to a natural person who has an in- the Government Accountability Office, until ‘‘(1) ABSENCE, DISABILITY, OR VACANCY OF surable interest in such person as if the an- the Comptroller General of the United States SECRETARY OR DEPUTY SECRETARY.—Notwith- nuity were elected by the person under sub- standing chapter 33 of title 5, United States submits to the appropriate congressional section (b)(1). The Secretary concerned may Code, the Under Secretary for Management committees written notification of removal pay such an annuity under this paragraph shall serve as the Acting Secretary if by rea- of the high-risk designation.’’; only in the case of a person who is a depend- son of absence, disability, or vacancy in of- (2) by striking subsection (b) and inserting ent of that deceased person (as defined in fice, neither the Secretary nor Deputy Sec- the following: ‘‘(b) WAIVERS FOR CONDUCTING BUSINESS section 1072(2) of this title). An annuity retary is available to exercise the duties of WITH SUSPENDED OR DEBARRED CONTRAC- under this paragraph shall be computed in the Office of the Secretary. the same manner as provided under subpara- TORS.—Not later than 5 days after the date ‘‘(2) FURTHER ORDER OF SUCCESSION.—Not- on which the Chief Procurement Officer or graph (B) of subsection (d)(6) for an annuity withstanding chapter 33 of title 5, United under that subsection.’’. Chief Financial Officer of the Department States Code, the Secretary may designate issues a waiver of the requirement that an (2) EFFECTIVE DATE.—No annuity payment such other officers of the Department in fur- under paragraph (6) of section 1448(f) of title agency not engage in business with a con- ther order of succession to serve as Acting tractor or other recipient of funds listed as a 10, United States Code, as added by para- Secretary. graph (1) of this subsection, may be made for party suspended or debarred from receiving ‘‘(3) NOTIFICATION OF VACANCIES.—The Sec- contracts, grants, or other types of Federal any period before the date of the enactment retary shall notify the Committee on Home- of this Act. assistance in the System for Award Manage- land Security and Governmental Affairs of ment maintained by the General Services (d) AVAILABILITY OF SPECIAL SURVIVOR IN- the Senate and the Committee on Homeland Administration, or any successor thereto, DEMNITY ALLOWANCE.— Security of the House of Representatives of the Under Secretary for Management shall (1) AVAILABILITY.—Section 1450(m)(1)(B) of any vacancies that require notification submit to the congressional homeland secu- title 10, United States Code, is amended by under sections 3345 through 3349d of title 5, rity committees and the Inspector General of inserting ‘‘or (f)’’ after ‘‘subsection (d)’’. United States Code (commonly known as the the Department notice of the waiver and an (2) EFFECTIVE DATE.—No payment under ‘Federal Vacancies Reform Act of 1998’).’’. explanation of the finding by the Under Sec- section 1450(m) of title 10, United States (b) UNDER SECRETARY FOR MANAGEMENT.— retary that a compelling reason exists for Code, by reason of the amendment made by Section 701 of the Homeland Security Act of the waiver.’’; paragraph (1) may be made for any period be- 2002 (6 U.S.C. 341) is amended— (3) by redesignating subsection (d) as sub- fore the date of the enactment of this Act. (1) in subsection (a)— section (e); and

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.043 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3569 (4) by inserting after subsection (c) the fol- Secretary, the Joint Requirements Council ‘‘(A) maintain situational awareness with- lowing: shall— in the areas of responsibility of the Joint ‘‘(d) SYSTEM FOR AWARD MANAGEMENT CON- ‘‘(A) identify, assess, and validate joint re- Task Force, as determined by the Secretary; SULTATION.—The Under Secretary for Man- quirements (including existing systems and ‘‘(B) provide operational plans and require- agement shall require that all Department associated capability gaps) to meet mission ments for standard operating procedures and contracting and grant officials consult the needs of the Department; contingency operations; System for Award Management (or successor ‘‘(B) ensure that appropriate efficiencies ‘‘(C) plan and execute joint task force ac- system) as maintained by the General Serv- are made among life-cycle cost, schedule, tivities within the areas of responsibility of ices Administration prior to awarding a con- and performance objectives, and procure- the Joint Task Force, as determined by the tract or grant or entering into other trans- ment quantity objectives, in the establish- Secretary; actions to ascertain whether the selected ment and approval of joint requirements; ‘‘(D) set and accomplish strategic objec- contractor is excluded from receiving Fed- and tives through integrated operational plan- eral contracts, certain subcontracts, and cer- ‘‘(C) make prioritized capability rec- ning and execution; tain types of Federal financial and non-fi- nancial assistance and benefits.’’. ommendations for the joint requirements ‘‘(E) exercise operational direction over validated under subparagraph (A) to the Sec- personnel and equipment from components SEC. 6102. DEPARTMENT COORDINATION. retary, the Deputy Secretary, or the chair- and offices of the Department allocated to (a) IN GENERAL.—Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) is person of a Department leadership council the Joint Task Force to accomplish the ob- amended by adding at the end the following: designated by the Secretary to review deci- jectives of the Joint Task Force; sions of the Joint Requirements Council. ‘‘(F) establish operational and investiga- ‘‘SEC. 708. DEPARTMENT COORDINATION. ‘‘(3) CHAIR.—The Secretary shall appoint a tive priorities within the operating areas of ‘‘(a) DEFINITIONS.—In this section— ‘‘(1) the term ‘joint duty training program’ chairperson of the Joint Requirements Coun- the Joint Task Force; means the training program established cil, for a term of not more than 2 years, from ‘‘(G) coordinate with foreign governments under subsection (e)(9)(A); among senior officials from components of and other Federal, State, and local agencies, ‘‘(2) the term ‘joint requirement’ means a the Department or other senior officials as as appropriate, to carry out the mission of condition or capability of a Joint Task designated by the Secretary. the Joint Task Force; and Force, or of multiple operating components ‘‘(4) COMPOSITION.—The Joint Require- ‘‘(H) carry out other duties and powers the of the Department, that is required to be ments Council shall be composed of senior Secretary determines appropriate. met or possessed by a system, product, serv- officials representing components of the De- ‘‘(5) PERSONNEL AND RESOURCES.— ice, result, or component to satisfy a con- partment and other senior officials as des- ‘‘(A) IN GENERAL.—The Secretary may, tract, standard, specification, or other for- ignated by the Secretary. upon request of the Director of a Joint Task mally imposed document; ‘‘(5) RELATIONSHIP TO FUTURE YEARS HOME- Force, and giving appropriate consideration ‘‘(3) the term ‘Joint Task Force’ means a LAND SECURITY PROGRAM.—The Secretary of risk to the other primary missions of the Joint Task Force established under sub- shall ensure that the Future Years Home- Department, allocate on a temporary basis section (e) when the scope, complexity, or land Security Program required under sec- personnel and equipment of components and other factors of the crisis or issue require ca- tion 874 is consistent with the recommenda- offices of the Department to a Joint Task pabilities of two or more components of the tions of the Joint Requirements Council Force. Department operating under the guidance of under paragraph (2)(C) of this subsection, as ‘‘(B) COST NEUTRALITY.—A Joint Task a single Director; and affirmed by the Secretary, the Deputy Sec- Force may not require more personnel, ‘‘(4) the term ‘situational awareness’ retary, or the chairperson of a Department equipment, or resources than would be re- means knowledge and unified understanding leadership council designated by the Sec- quired by components of the Department in of unlawful cross-border activity, including— retary under that paragraph. the absence of the Joint Task Force. ‘‘(A) threats and trends concerning illicit ‘‘(C) LOCATION OF OPERATIONS.—In estab- ‘‘(d) JOINT OPERATIONAL PLANS.— trafficking and unlawful crossings; lishing a location of operations for a Joint ‘‘(1) PLANNING AND GUIDANCE.—The Sec- ‘‘(B) the ability to forecast future shifts in Task Force, the Secretary shall, to the ex- retary may direct the development of Joint tent practicable, use existing facilities that such threats and trends; Operational Plans for the Department and ‘‘(C) the ability to evaluate such threats integrate efforts of components of the De- issue planning guidance for such develop- partment and State, local, tribal, or terri- and trends at a level sufficient to create ac- ment. tionable plans; and torial law enforcement or military entities. ‘‘(2) COORDINATION.—The Secretary shall ‘‘(D) the operational capability to conduct ‘‘(D) REPORT.—The Secretary shall, at the ensure coordination between requirements time the budget of the President is sub- continuous and integrated surveillance of derived from Joint Operational Plans and the air, land, and maritime borders of the mitted to Congress for a fiscal year under the Future Years Homeland Security Pro- section 1105(a) of title 31, United States United States. gram required under section 874. ‘‘(b) DEPARTMENT LEADERSHIP COUNCILS.— Code, submit to the congressional homeland ‘‘(3) LIMITATION.—Nothing in this sub- ‘‘(1) ESTABLISHMENT.—The Secretary may security committees a report on the total section shall be construed to affect the na- establish such Department leadership coun- funding, personnel, and other resources that tional emergency management authorities cils as the Secretary determines necessary to each component of the Department allocated and responsibilities of the Administrator of ensure coordination among leadership in the to each Joint Task Force to carry out the the Federal Emergency Management Agency Department. mission of the Joint Task Force during the under title V. ‘‘(2) FUNCTION.—Department leadership fiscal year immediately preceding the re- councils shall— ‘‘(e) JOINT TASK FORCES.— port. ‘‘(A) serve as coordinating forums; ‘‘(1) ESTABLISHMENT.—The Secretary may ‘‘(6) COMPONENT RESOURCE AUTHORITY.—As ‘‘(B) advise the Secretary and Deputy Sec- establish and operate Departmental Joint directed by the Secretary— retary on Department strategy, operations, Task Forces to conduct joint operations ‘‘(A) each Director of a Joint Task Force and guidance; and using personnel and capabilities of the De- shall be provided sufficient resources from ‘‘(C) consider and report on such other partment. relevant components and offices of the De- matters as the Secretary or Deputy Sec- ‘‘(2) JOINT TASK FORCE DIRECTORS.— partment and the authority necessary to retary may direct. ‘‘(A) DIRECTOR.—Each Joint Task Force carry out the missions and responsibilities ‘‘(3) CHAIRPERSON; MEMBERSHIP.— shall be headed by a Director appointed by required under this section; ‘‘(A) CHAIRPERSON.—The Secretary or a the Secretary for a term of not more than 2 ‘‘(B) the resources referred to in subpara- designee may serve as chairperson of a De- years, who shall be a senior official of the graph (A) shall be under the operational au- partment leadership council. Department. thority, direction, and control of the Direc- ‘‘(B) MEMBERSHIP.—The Secretary shall de- ‘‘(B) EXTENSION.—The Secretary may ex- tor of the Joint Task Force to which the re- termine the membership of a Department tend the appointment of a Director of a sources are assigned; and leadership council. Joint Task Force for not more than 2 years ‘‘(C) the personnel and equipment of each ‘‘(4) RELATIONSHIP TO OTHER FORUMS.—The if the Secretary determines that such an ex- Joint Task Force shall remain under the ad- Secretary or Deputy Secretary may delegate tension is in the best interest of the Depart- ministrative direction of the executive agent the authority to direct the implementation ment. for the Joint Task Force. of any decision or guidance resulting from ‘‘(3) JOINT TASK FORCE DEPUTY DIRECTORS.— ‘‘(7) JOINT TASK FORCE STAFF.—Each Joint the action of a Department leadership coun- For each Joint Task Force, the Secretary Task Force shall have a staff, composed of cil to any office, component, coordinator, or shall appoint a Deputy Director who shall be officials from relevant components, to assist other senior official of the Department. an official of a different component or office the Director in carrying out the mission and ‘‘(c) JOINT REQUIREMENTS COUNCIL.— of the Department than the Director of the responsibilities of the Joint Task Force. ‘‘(1) ESTABLISHMENT.—There is established Joint Task Force. ‘‘(8) ESTABLISHMENT OF PERFORMANCE within the Department a Joint Require- ‘‘(4) RESPONSIBILITIES.—The Director of a METRICS.—The Secretary shall— ments Council. Joint Task Force, subject to the oversight, ‘‘(A) establish outcome-based and other ap- ‘‘(2) MISSION.—In addition to other matters direction, and guidance of the Secretary, propriate performance metrics to evaluate assigned to it by the Secretary and Deputy shall— the effectiveness of each Joint Task Force;

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.040 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3570 CONGRESSIONAL RECORD — SENATE June 7, 2016 ‘‘(B) not later than 120 days after the date the Joint Task Forces established under this ‘‘(3) enter into agreements with other Fed- of enactment of this section, submit the subsection. eral operations centers and other homeland metrics established under subparagraph (A) ‘‘(B) CONTENTS.—The review required under security partners, as appropriate, to facili- to the Committee on Homeland Security and subparagraph (A) shall include— tate the sharing of information.’’; Governmental Affairs of the Senate and the ‘‘(i) an assessment of the effectiveness of (3) by redesignating subsection (c) as sub- Committee on Homeland Security of the the structure of each Joint Task Force; and section (d); and House of Representatives; and ‘‘(ii) recommendations for enhancements (4) by inserting after subsection (b) the fol- ‘‘(C) not later than January 31, 2017, and to that structure to strengthen the effective- lowing: each year thereafter, submit to each com- ness of the Joint Task Force. ‘‘(c) REPORTING REQUIREMENTS.—Each Fed- mittee described in subparagraph (B) a re- ‘‘(C) SUBMISSION.—The Inspector General of eral agency shall provide the National Oper- port that contains the evaluation described the Department shall submit to the Com- ations Center with timely information— in subparagraph (A). mittee on Homeland Security and Govern- ‘‘(1) relating to events, threats, and inci- ‘‘(9) JOINT DUTY TRAINING PROGRAM.— mental Affairs of the Senate and the Com- dents involving a natural disaster, act of ter- ‘‘(A) IN GENERAL.—The Secretary shall— mittee on Homeland Security of the House of rorism, or other man-made disaster; ‘‘(i) establish a joint duty training pro- Representatives— ‘‘(2) concerning the status and potential gram in the Department for the purposes ‘‘(i) an initial report that contains the vulnerability of the critical infrastructure of— evaluation described in subparagraph (A) by and key resources of the United States; ‘‘(I) enhancing coordination within the De- not later than January 31, 2018; and ‘‘(3) relevant to the mission of the Depart- partment; and ‘‘(ii) a second report that contains the ment ; or ‘‘(II) promoting workforce professional de- evaluation described in subparagraph (A) by ‘‘(4) as may be requested by the Secretary velopment; and not later than January 31, 2021. under section 202.’’; and ‘‘(ii) tailor the joint duty training program ‘‘(13) LIMITATION ON JOINT TASK FORCES.— (5) in subsection (d), as so redesignated— to improve joint operations as part of the ‘‘(A) IN GENERAL.—The Secretary may not (A) in the subsection heading, by striking Joint Task Forces. establish a Joint Task Force for any major ‘‘FIRE SERVICE’’ and inserting ‘‘EMERGENCY ‘‘(B) ELEMENTS.—The joint duty training disaster or emergency declared under the RESPONDER’’; program established under subparagraph (A) Robert T. Stafford Disaster Relief and Emer- (B) by striking paragraph (1) and inserting shall address, at a minimum, the following gency Assistance Act (42 U.S.C. 5121 et seq.) the following: topics: or an incident for which the Federal Emer- ‘‘(1) ESTABLISHMENT OF POSITIONS.—The ‘‘(i) National security strategy. gency Management Agency has primary re- Secretary shall establish a position, on a ro- ‘‘(ii) Strategic and contingency planning. sponsibility for management of the response tating basis, for a representative of State ‘‘(iii) Command and control of operations under title V of this Act, including section and local emergency responders at the Na- under joint command. 504(a)(3)(A), unless the responsibilities of the tional Operations Center established under ‘‘(iv) International engagement. Joint Task Force— subsection (b) to ensure the effective sharing ‘‘(v) The homeland security enterprise. ‘‘(i) do not include operational functions of information between the Federal Govern- ‘‘(vi) Interagency collaboration. related to incident management, including ment and State and local emergency re- ‘‘(vii) Leadership. coordination of operations; and sponse services.’’; ‘‘(viii) Specific subject matter relevant to ‘‘(ii) are consistent with the requirements (C) by striking paragraph (2); and the Joint Task Force to which the joint duty of paragraphs (3) and (4)(A) of section 503(c) (D) by redesignating paragraph (3) as para- training program is assigned. and section 509(c) of this Act and section 302 graph (2). ‘‘(C) TRAINING REQUIRED.— of the Robert T. Stafford Disaster Relief and SEC. 6104. HOMELAND SECURITY ADVISORY ‘‘(i) DIRECTORS AND DEPUTY DIRECTORS.— Emergency Assistance Act (42 U.S.C. 5143). COUNCIL. Except as provided in clauses (iii) and (iv), ‘‘(B) RESPONSIBILITIES AND FUNCTIONS NOT (a) IN GENERAL.—Section 102(b) of the an individual shall complete the joint duty REDUCED.—Nothing in this section shall be Homeland Security Act of 2002 (6 U.S.C. training program before being appointed Di- construed to reduce the responsibilities or 112(b)) is amended— rector or Deputy Director of a Joint Task functions of the Federal Emergency Manage- (1) in paragraph (2), by striking ‘‘and’’ at Force. ment Agency or the Administrator thereof the end; ‘‘(ii) JOINT TASK FORCE STAFF.—Each offi- (2) in paragraph (3), by striking the period cial serving on the staff of a Joint Task under title V of this Act and any other provi- sion of law, including the diversion of any at the end and inserting ‘‘; and’’; and Force shall complete the joint duty training (3) by adding at the end the following: program within the first year of assignment asset, function, or mission from the Federal Emergency Management Agency or the Ad- ‘‘(4) shall establish a Homeland Security to the Joint Task Force. Advisory Council to provide advice and rec- ‘‘(iii) EXCEPTION.—Clause (i) shall not ministrator thereof pursuant to section 506. ‘‘(f) JOINT DUTY ASSIGNMENT PROGRAM.— ommendations on homeland security and apply to the first Director or Deputy Direc- homeland security-related matters.’’. tor appointed to a Joint Task Force on or The Secretary may establish a joint duty as- SEC. 6105. STRATEGY, POLICY, AND PLANS. after the date of enactment of this section. signment program within the Department (a) IN GENERAL.—Title VII of the Homeland AIVER.—The Secretary may waive for the purposes of enhancing coordination ‘‘(iv) W Security Act of 2002 (6 U.S.C. 341 et seq.), as clause (i) if the Secretary determines that in the Department and promoting workforce professional development.’’. amended by this Act, is amended by adding such a waiver is in the interest of homeland at the end the following: security. (b) TECHNICAL AND CONFORMING AMEND- MENT.—The table of contents in section 1(b) ‘‘SEC. 709. OFFICE OF STRATEGY, POLICY, AND ‘‘(10) ESTABLISHING JOINT TASK FORCES.— PLANS. Subject to paragraph (13), the Secretary may of the Homeland Security Act of 2002 (Public Law 107–296; 116 Stat. 2135) is amended by in- ‘‘(a) IN GENERAL.—There is established in establish Joint Task Forces for the purposes the Department an Office of Strategy, Pol- of— serting after the item relating to section 707 the following: icy, and Plans. ‘‘(A) coordinating and directing operations ‘‘(b) HEAD OF OFFICE.—The Office of Strat- along the land and maritime borders of the ‘‘Sec. 708. Department coordination.’’. egy, Policy, and Plans shall be headed by an United States; SEC. 6103. NATIONAL OPERATIONS CENTER. Under Secretary for Strategy, Policy, and ‘‘(B) cybersecurity; and Section 515 of the Homeland Security Act Plans, who shall serve as the principal policy ‘‘(C) preventing, preparing for, and re- of 2002 (6 U.S.C. 321d) is amended— advisor to the Secretary and be appointed by sponding to other homeland security mat- (1) in subsection (a)— the President, by and with the advice and ters, as determined by the Secretary. (A) by striking ‘‘emergency managers and consent of the Senate. ‘‘(11) NOTIFICATION OF JOINT TASK FORCE decision makers’’ and inserting ‘‘emergency ‘‘(c) FUNCTIONS.—The Office of Strategy, FORMATION.— managers, decision makers, and other appro- Policy, and Plans shall— ‘‘(A) IN GENERAL.—Not later than 90 days priate officials’’; and ‘‘(1) lead, conduct, and coordinate Depart- before establishing a Joint Task Force under (B) by inserting ‘‘and steady-state activ- ment-wide policy development and imple- this subsection, the Secretary shall submit a ity’’ before the period at the end; mentation and strategic planning; notification to the Committee on Homeland (2) in subsection (b)— ‘‘(2) develop and coordinate policies to pro- Security and Governmental Affairs of the (A) in paragraph (1)— mote and ensure quality, consistency, and Senate and the Committee on Homeland Se- (i) by striking ‘‘and tribal governments’’ integration for the programs, offices, and ac- curity of the House of Representatives. and inserting ‘‘tribal, and territorial govern- tivities across the Department; ‘‘(B) WAIVER AUTHORITY.—The Secretary ments, the private sector, and international ‘‘(3) develop and coordinate strategic plans may waive the requirement under subpara- partners’’; and long-term goals of the Department with graph (A) in the event of an emergency cir- (ii) by striking ‘‘in the event of’’ and in- risk-based analysis and planning to improve cumstance that imminently threatens the serting ‘‘for events, threats, and incidents operational mission effectiveness, including protection of human life or the protection of involving’’; and leading and conducting the quadrennial property. (iii) by striking ‘‘and’’ at the end; homeland security review under section 707; ‘‘(12) REVIEW.— (B) in paragraph (2), by striking the period ‘‘(4) manage Department leadership coun- ‘‘(A) IN GENERAL.—The Inspector General at the end and inserting ‘‘; and’’; and cils and provide analytics and support to of the Department shall conduct a review of (C) by adding at the end the following: such councils;

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JOINT ANALYSIS.— ‘‘(d) DEPUTY ASSISTANT SECRETARY; AS- ‘‘(C) Serving as the primary representative ‘‘(1) HOMELAND SECURITY STATISTICS.—The SIGNMENT OF PERSONNEL.—The Secretary of the Department in coordinating coun- Under Secretary for Strategy, Policy, and shall— tering violent extremism efforts with other Plans shall— ‘‘(1) designate a career Deputy Assistant Federal departments and agencies and non- ‘‘(A) establish standards of reliability and Secretary for Partnerships Against Violent governmental organizations. validity for statistical data collected and Extremism; and ‘‘(D) Serving as the primary Department- analyzed by the Department; ‘‘(2) assign or hire, as appropriate, perma- level representative in coordinating with the ‘‘(B) be provided with statistical data nent staff to the Office for Partnerships Department of State on international coun- maintained by the Department regarding the Against Violent Extremism. tering violent extremism issues. ‘‘(e) RESPONSIBILITIES.— operations of the Department; ‘‘(E) In coordination with the Adminis- ‘‘(1) IN GENERAL.—The Assistant Secretary ‘‘(C) conduct or oversee analysis and re- trator, providing guidance regarding the use porting of such data by the Department as shall be responsible for the following: of grants made to State, local, and tribal required by law or directed by the Secretary; ‘‘(A) Leading the efforts of the Department governments under sections 2003 and 2004 and to counter violent extremism across all the under the allowable uses guidelines related ‘‘(D) ensure the accuracy of metrics and components and offices of the Department to countering violent extremism. statistical data provided to Congress. that conduct strategic and supportive efforts ‘‘(F) Developing a plan to expand philan- to counter violent extremism. Such efforts ‘‘(2) TRANSFER OF RESPONSIBILITIES.—There thropic support for domestic efforts related shall be transferred to the Under Secretary shall include the following: to countering violent extremism, including for Strategy, Policy, and Plans the mainte- ‘‘(i) Partnering with communities to ad- by identifying viable community projects nance of all immigration statistical informa- dress vulnerabilities that can be exploited by and needs for possible philanthropic support. tion of U.S. Customs and Border Protection violent extremists in the United States and ‘‘(2) COMMUNITIES AT RISK.—For purposes of and U.S. Citizenship and Immigration Serv- explore potential remedies for government this subsection, the term ‘communities at ices, which shall include information and and nongovernment institutions. risk’ shall not include a community that is statistics of the type contained in the publi- ‘‘(ii) Working with civil society groups and determined to be at risk solely on the basis cation entitled ‘Yearbook of Immigration communities to counter violent extremist of race, religious affiliation, or ethnicity. Statistics’ prepared by the Office of Immi- propaganda, messaging, or recruitment. ‘‘(f) STRATEGY TO COUNTER VIOLENT EXTRE- gration Statistics, including region-by-re- ‘‘(iii) In coordination with the Office for MISM IN THE UNITED STATES.— gion statistics on the aggregate number of Civil Rights and Civil Liberties of the De- ‘‘(1) STRATEGY.—Not later than 90 days applications and petitions filed by an alien partment, managing the outreach and en- after the date of enactment of this section, (or filed on behalf of an alien) and denied, gagement efforts of the Department directed the Secretary shall submit to the Committee and the reasons for such denials, toward communities at risk for on Homeland Security and Governmental Af- disaggregated by category of denial and ap- radicalization and recruitment for violent fairs of the Senate, the Committee on the plication or petition type.’’. extremist activities. Judiciary of the Senate, the Committee on (b) TECHNICAL AND CONFORMING AMEND- ‘‘(iv) Ensuring relevant information, re- Homeland Security of the House of Rep- MENT.—The table of contents in section 1(b) search, and products inform efforts to resentatives, and the Committee on the Ju- of the Homeland Security Act of 2002 (Public counter violent extremism. diciary of the House of Representatives a Law 107–296; 116 Stat. 2135)is amended by in- ‘‘(v) Developing and maintaining Depart- comprehensive Department strategy to serting after the item relating to section 708 ment-wide strategy, plans, policies, and pro- counter violent extremism in the United the following: grams to counter violent extremism. Such States. ‘‘Sec. 709. Office of Strategy, Policy, and plans shall, at a minimum, address each of ‘‘(2) CONTENTS OF STRATEGY.—The strategy Plans.’’. the following: required under paragraph (1) shall, at a min- ‘‘(I) The Department’s plan to leverage new imum, address each of the following: SEC. 6106. AUTHORIZATION OF THE OFFICE FOR PARTNERSHIPS AGAINST VIOLENT and existing Internet and other technologies ‘‘(A) The Department’s digital engagement EXTREMISM OF THE DEPARTMENT and social media platforms to improve non- effort, including a plan to leverage new and OF HOMELAND SECURITY. government efforts to counter violent extre- existing Internet, digital, and other tech- (a) IN GENERAL.—The Homeland Security mism, as well as the best practices and les- nologies and social media platforms to Act of 2002 (6 U.S.C. 101 et seq.) is amended— sons learned from other Federal, State, counter violent extremism, as well as the (1) by inserting after section 801 the fol- local, tribal, territorial, and foreign partners best practices and lessons learned from other lowing: engaged in similar counter-messaging ef- Federal, State, local, tribal, territorial, non- ‘‘SEC. 802. OFFICE FOR PARTNERSHIPS AGAINST forts. governmental, and foreign partners engaged VIOLENT EXTREMISM. ‘‘(II) The Department’s countering violent in similar counter-messaging activities. ‘‘(a) DEFINITIONS.—In this section: extremism-related engagement efforts. ‘‘(B) The Department’s countering violent ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- ‘‘(III) The use of cooperative agreements extremism-related engagement and outreach trator’ means the Administrator of the Fed- with State, local, tribal, territorial, and activities. eral Emergency Management Agency. other Federal departments and agencies re- ‘‘(C) The use of cooperative agreements ‘‘(2) ASSISTANT SECRETARY.—The term ‘As- sponsible for efforts relating to countering with State, local, tribal, territorial, and sistant Secretary’ means the Assistant Sec- violent extremism. other Federal departments and agencies re- retary for Partnerships Against Violent Ex- ‘‘(vi) Coordinating with the Office for Civil sponsible for activities relating to coun- tremism designated under subsection (c). Rights and Civil Liberties of the Department tering violent extremism. ‘‘(3) COUNTERING VIOLENT EXTREMISM.—The to ensure all of the activities of the Depart- ‘‘(D) Ensuring all activities related to term ‘countering violent extremism’ means ment related to countering violent extre- countering violent extremism adhere to rel- proactive and relevant actions to counter re- mism fully respect the privacy, civil rights, evant Department and applicable Depart- cruitment, radicalization, and mobilization and civil liberties of all persons. ment of Justice guidance regarding privacy, to violence and to address the immediate ‘‘(vii) In coordination with the Under Sec- civil rights, and civil liberties, including factors that lead to violent extremism and retary for Science and Technology and in safeguards against discrimination. radicalization. consultation with the Under Secretary for ‘‘(E) The development of qualitative and ‘‘(4) DOMESTIC TERRORISM; INTERNATIONAL Intelligence and Analysis, identifying and quantitative outcome-based metrics to TERRORISM.—The terms ‘domestic terrorism’ recommending new empirical research and evaluate the Department’s programs and and ‘international terrorism’ have the mean- analysis requirements to ensure the dissemi- policies to counter violent extremism. ings given those terms in section 2331 of title nation of information and methods for Fed- ‘‘(F) An analysis of the homeland security 18, United States Code. eral, State, local, tribal, and territorial risk posed by violent extremism based on the ‘‘(5) RADICALIZATION.—The term countering violent extremism practitioners, threat environment and empirical data as- ‘radicalization’ means the process by which officials, law enforcement personnel, and sessing terrorist activities and incidents, and

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violent extremist propaganda, messaging, or ‘‘(g) ANNUAL REPORT.—Not later than April ‘‘Sec. 802. Office for Partnerships Against recruitment. 1, 2017, and annually thereafter, the Assist- Violent Extremism.’’. ‘‘(G) Information on the Department’s ant Secretary shall submit to Congress an (c) SUNSET.—Effective on the date that is 7 near-term, mid-term, and long-term risk- annual report on the Office for Partnerships years after the date of enactment of this based goals for countering violent extre- Against Violent Extremism, which shall in- Act— mism, reflecting the risk analysis conducted clude the following: (1) section 802 of the Homeland Security under subparagraph (F). ‘‘(1) A description of the status of the pro- Act of 2002, as added by subsection (a), is re- ‘‘(3) STRATEGIC CONSIDERATIONS.—In draft- grams and policies of the Department for pealed; and ing the strategy required under paragraph countering violent extremism in the United (2) the table of contents in section 1(b) of (1), the Secretary shall consider including States. the Homeland Security Act of 2002 (Public the following: ‘‘(2) A description of the efforts of the Of- Law 107–296; 116 Stat. 2135) is amended by ‘‘(A) Departmental efforts to undertake re- fice for Partnerships Against Violent Extre- striking the item relating to section 802. search to improve the Department’s under- mism to cooperate with and provide assist- TITLE LXXII—DEPARTMENT ACCOUNT- standing of the risk of violent extremism ance to other Federal departments and agen- ABILITY, EFFICIENCY, AND WORKFORCE and to identify ways to improve countering cies. REFORMS violent extremism activities and programs, ‘‘(3) Qualitative and quantitative metrics SEC. 6201. DUPLICATION REVIEW. including outreach, training, and informa- for evaluating the success of such programs (a) IN GENERAL.—The Secretary shall— tion sharing programs. and policies and the steps taken to evaluate (1) not later than 1 year after the date of ‘‘(B) The Department’s nondiscrimination the success of such programs and policies. enactment of this Act, complete a review of policies as they relate to countering violent ‘‘(4) An accounting of— the international affairs offices, functions, extremism. ‘‘(A) grants and cooperative agreements and responsibilities of the Department to ‘‘(C) Departmental efforts to help promote awarded by the Department to counter vio- identify and eliminate areas of unnecessary community engagement and partnerships to lent extremism; and duplication; and counter violent extremism in furtherance of ‘‘(B) all training specifically aimed at (2) not later than 30 days after the date on the strategy. countering violent extremism sponsored by which the Secretary completes the review ‘‘(D) Departmental efforts to help increase the Department. under paragraph (1), provide the results of support for programs and initiatives to ‘‘(5) An analysis of how the Department’s the review to the congressional homeland se- counter violent extremism of other Federal, activities to counter violent extremism cor- curity committees. State, local, tribal, territorial, nongovern- respond and adapt to the threat environ- (b) REPORT.—Not later than 1 year after mental, and foreign partners that are in fur- ment. the date of enactment of this Act, the Sec- therance of the strategy, and which adhere ‘‘(6) A summary of how civil rights and retary shall submit to the congressional to all relevant constitutional, legal, and pri- civil liberties are protected in the Depart- homeland security committees an action vacy protections. ment’s activities to counter violent extre- plan, including corrective steps and an esti- ‘‘(E) Departmental efforts to disseminate mism. mated date of completion, to address areas of to local law enforcement agencies and the ‘‘(7) An evaluation of the use of section duplication, fragmentation, and overlap and general public information on resources, 2003 and section 2004 grants and cooperative opportunities for cost savings and revenue such as training guidance, workshop reports, agreements awarded to support efforts of enhancement, as identified by the Govern- and the violent extremist threat, through local communities in the United States to ment Accountability Office based on the an- multiple platforms, including the develop- counter violent extremism, including infor- nual report of the Government Account- ment of a dedicated webpage, and informa- mation on the effectiveness of such grants ability Office entitled ‘‘Additional Opportu- tion regarding the effectiveness of those ef- and cooperative agreements in countering nities to Reduce Fragmentation, Overlap, forts. violent extremism. and Duplication and Achieve Other Financial ‘‘(F) Departmental efforts to use coopera- ‘‘(8) A description of how the Office for Benefits’’. tive agreements with State, local, tribal, ter- Partnerships Against Violent Extremism in- (c) EXCLUSION.—This section shall not ritorial, and other Federal departments and apply to international activities related to agencies responsible for efforts relating to corporated lessons learned from the coun- tering violent extremism programs and poli- the protective mission of the United States countering violent extremism, and informa- Secret Service, or to the Coast Guard when tion regarding the effectiveness of those ef- cies of foreign, State, local, tribal, and terri- torial governments and stakeholder commu- operating under the direct authority of the forts. Secretary of Defense or the Secretary of the nities. ‘‘(G) Information on oversight mechanisms Navy. ‘‘(h) ANNUAL REVIEW.—Not later than 1 and protections to ensure that activities and SEC. 6202. INFORMATION TECHNOLOGY STRA- programs undertaken pursuant to the strat- year after the date of enactment of this sec- TEGIC PLAN. egy adhere to all relevant constitutional, tion, and every year thereafter, the Office for (a) IN GENERAL.—Section 703 of the Home- legal, and privacy protections. Civil Rights and Civil Liberties of the De- land Security Act of 2002 (6 U.S.C. 343) is ‘‘(H) Departmental efforts to conduct over- partment shall— amended by adding at the end the following: sight of all countering violent extremism ‘‘(1) conduct a review of the Office for Part- ‘‘(c) STRATEGIC PLANS.—Consistent with training and training materials and other re- nerships Against Violent Extremism activi- the timing set forth in section 306(a) of title sources developed or funded by the Depart- ties to ensure that all of the activities of the 5, United States Code, and the requirements ment. Office related to countering violent extre- under section 3506 of title 44, United States ‘‘(I) Departmental efforts to foster trans- mism respect the privacy, civil rights, and Code, the Chief Information Officer shall de- parency by making, to the extent prac- civil liberties of all persons; and velop, make public, and submit to the con- ticable, all regulations, guidance, docu- ‘‘(2) make publicly available on the website gressional homeland security committees an ments, policies, and training materials pub- of the Department a report containing the information technology strategic plan, licly available, including through any results of the review conducted under para- which shall include how— webpage developed under subparagraph (E). graph (1).’’; and ‘‘(1) information technology will be lever- ‘‘(4) STRATEGIC IMPLEMENTATION PLAN.— (2) in section 2008(b)(1)— aged to meet the priority goals and strategic ‘‘(A) IN GENERAL.—Not later than 90 days (A) in subparagraph (A), by striking ‘‘or’’ objectives of the Department; after the date on which the Secretary sub- at the end; ‘‘(2) the budget of the Department aligns mits the strategy required under paragraph (B) in subparagraph (B), by striking the pe- with priorities specified in the information (1), the Secretary shall submit to the Com- riod at the end and inserting ‘‘; or’’; and technology strategic plan; mittee on Homeland Security and Govern- (C) by adding at the end the following: ‘‘(3) unnecessarily duplicative, legacy, and mental Affairs of the Senate, the Committee ‘‘(C) to support any organization or group outdated information technology within and on the Judiciary of the Senate, the Com- which has knowingly or recklessly funded across the Department will be identified and mittee on Homeland Security of the House of domestic terrorism or international ter- eliminated, and an estimated date for the Representatives, and the Committee on the rorism (as those terms are defined in section identification and elimination of duplicative Judiciary of the House of Representatives an 2331 of title 18, United States Code) or orga- information technology within and across implementation plan for each of the compo- nization or group known to engage in or re- the Department; nents and offices of the Department with re- cruit to such activities, as determined by the ‘‘(4) the Chief Information Officer will co- sponsibilities under the strategy. Assistant Secretary for Partnerships Against ordinate with components of the Department ‘‘(B) CONTENTS.—The implementation plan Violent Extremism in consultation with the to ensure that information technology poli- required under subparagraph (A) shall in- Administrator and the heads of other appro- cies are effectively and efficiently imple- clude an integrated master schedule and cost priate Federal departments and agencies.’’. mented across the Department; estimate for activities and programs con- (b) TECHNICAL AND CONFORMING AMEND- ‘‘(5) a list of information technology tained in the implementation plan, with MENT.—The table of contents in section 1(b) projects, including completion dates, will be specificity on how each such activity and of the Homeland Security Act of 2002 (Public made available to the public and Congress; program aligns with near-term, mid-term, Law 107–296; 116 Stat. 2135)is amended by in- ‘‘(6) the Chief Information Officer will in- and long-term goals specified in the strategy serting after the item relating to section 801 form Congress of high risk projects and cy- required under paragraph (1). the following: bersecurity risks; and

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.040 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3573 ‘‘(7) the Chief Information Officer plans to congressional homeland security commit- ‘‘(C) recruitment of qualified candidates maximize the use and purchase of commer- tees. and retention of qualified employees; cial off-the-shelf information technology SEC. 6204. WORKFORCE STRATEGY. ‘‘(D) supervisory and management require- products and services.’’. Section 704 of the Homeland Security Act ments; SEC. 6203. SOFTWARE LICENSING. of 2002 (6 U.S.C. 343) is amended to read as ‘‘(E) travel and related personnel support (a) IN GENERAL.—Section 703 of the Home- follows: costs; land Security Act of 2002 (6 U.S.C. 343), as ‘‘SEC. 704. CHIEF HUMAN CAPITAL OFFICER. ‘‘(F) the anticipated cost and impact on amended by section 6202 of this Act, is ‘‘(a) IN GENERAL.—There is a Chief Human mission performance associated with replac- amended by adding at the end the following: Capital Officer of the Department, who shall ing Federal personnel due to their retire- ‘‘(d) SOFTWARE LICENSING.— report directly to the Under Secretary for ment or other attrition; and ‘‘(1) IN GENERAL.—Not later than 180 days Management. ‘‘(G) other appropriate factors. after the date of enactment of this sub- ‘‘(b) RESPONSIBILITIES.—In addition to the ‘‘(d) ANNUAL SUBMISSION.—Not later than section, and every 2 years thereafter, the responsibilities set forth in chapter 14 of 90 days after the date on which the Secretary title 5, United States Code, and other appli- Chief Information Officer, in consultation submits the annual budget justification for cable law, the Chief Human Capital Officer of with Chief Information Officers of compo- the Department, the Secretary shall submit the Department shall— nents of the Department, shall— to the congressional homeland security com- ‘‘(1) develop and implement strategic ‘‘(A) conduct a Department-wide inventory mittees a report that includes a table, delin- workforce planning policies that are con- of all existing software licenses held by the eated by component with actual and enacted sistent with Government-wide leading prin- Department, including utilized and unuti- amounts, including— ciples and in line with Department strategic lized licenses; ‘‘(1) information on the progress within the human capital goals and priorities; Department of fulfilling the workforce strat- ‘‘(B) assess the needs of the Department for ‘‘(2) develop performance measures to pro- software licenses for the subsequent 2 fiscal egies developed under subsection (c); and vide a basis for monitoring and evaluating ‘‘(2) the number of on-board staffing for years; Department-wide strategic workforce plan- ‘‘(C) assess the actions that could be car- Federal employees from the prior fiscal year; ning efforts; ‘‘(3) the total contract hours submitted by ried out by the Department to achieve the ‘‘(3) develop, improve, and implement poli- greatest possible economies of scale and cost each prime contractor as part of the service cies, including compensation flexibilities contract inventory required under section savings in the procurement of software li- available to Federal agencies where appro- censes; 743 of the Financial Services and General priate, to recruit, hire, train, and retain the Government Appropriations Act, 2010 (divi- ‘‘(D) determine how the use of techno- workforce of the Department, in coordina- logical advancements will impact the needs sion C of Public Law 111–117; 31 U.S.C. 501 tion with all components of the Department; note) with respect to— for software licenses for the subsequent 2 fis- ‘‘(4) identify methods for managing and cal years; ‘‘(A) support service contracts; overseeing human capital programs and ini- ‘‘(B) federally funded research and develop- ‘‘(E) establish plans and estimated costs tiatives, in coordination with the head of for eliminating unutilized software licenses ment center contracts; and each component of the Department; ‘‘(C) science, engineering, technical, and for the subsequent 2 fiscal years; and ‘‘(5) develop a career path framework and administrative contracts; and ‘‘(F) consult with the Federal Chief Infor- create opportunities for leader development ‘‘(4) the number of full-time equivalent mation Officer to identify best practices in in coordination with all components of the personnel identified under the Intergovern- the Federal Government for purchasing and Department; mental Personnel Act of 1970 (42 U.S.C. 4701 maintaining software licenses. ‘‘(6) lead the efforts of the Department for et seq.).’’. ‘‘(2) EXCESS SOFTWARE LICENSING.— managing employee resources, including ‘‘(A) PLAN TO REDUCE SOFTWARE LICENSES.— training and development opportunities, in SEC. 6205. WHISTLEBLOWER PROTECTIONS. If the Chief Information Officer determines coordination with each component of the De- (a) IN GENERAL.—Section 883 of the Home- through the inventory conducted under para- partment; land Security Act of 2002 (6 U.S.C. 463) is graph (1)(A) that the number of software li- ‘‘(7) work to ensure the Department is im- amended to read as follows: censes held by the Department exceed the plementing human capital programs and ini- ‘‘SEC. 883. WHISTLEBLOWER PROTECTIONS. needs of the Department as assessed under tiatives and effectively educating each com- ‘‘(a) DEFINITIONS.—In this section— paragraph (1)(B), the Secretary, not later ponent of the Department about these pro- ‘‘(1) the term ‘new employee’ means an in- than 90 days after the date on which the in- grams and initiatives; dividual— ventory is completed, shall establish a plan ‘‘(8) identify and eliminate unnecessary ‘‘(A) appointed to a position as an em- for bringing the number of such software li- and duplicative human capital policies and ployee of the Department on or after the censes into balance with such needs of the guidance; date of enactment of the DHS Account- Department. ‘‘(9) provide input concerning the hiring ability Act of 2016; and ‘‘(B) PROHIBITION ON PROCUREMENT OF EX- and performance of the Chief Human Capital ‘‘(B) who has not previously served as an CESS SOFTWARE LICENSES.— Officer or comparable official in each compo- employee of the Department; ‘‘(i) IN GENERAL.—Except as provided in nent of the Department; and ‘‘(2) the term ‘prohibited personnel action’ clause (ii), upon completion of a plan estab- ‘‘(10) ensure that all employees of the De- means taking or failing to take an action in lished under subparagraph (A), no additional partment are informed of their rights and violation of paragraph (8) or (9) of section budgetary resources may be obligated for the remedies under chapters 12 and 23 of title 5, 2302(b) of title 5, United States Code, against procurement of additional software licenses United States Code. an employee of the Department; of the same types until such time as the ‘‘(c) COMPONENT STRATEGIES.— ‘‘(3) the term ‘supervisor’ means a super- needs of the Department equals or exceeds ‘‘(1) IN GENERAL.—Each component of the visor, as defined under section 7103(a) of title the number of used and unused licenses held Department shall, in coordination with the 5, United States Code, who is employed by by the Department. Chief Human Capital Officer of the Depart- the Department; and ‘‘(ii) EXCEPTION.—The Chief Information ment, develop a 5-year workforce strategy ‘‘(4) the term ‘whistleblower protections’ Officer may authorize the purchase of addi- for the component that will support the means the protections against and remedies tional licenses and amend the number of goals, objectives, and performance measures for a prohibited personnel practice described needed licenses as necessary. of the Department for determining the prop- in paragraph (8) or subparagraph (A)(i), (B), ‘‘(3) SUBMISSION TO CONGRESS.—The Chief er balance of Federal employees and private (C), or (D) of paragraph (9) of section 2302(b) Information Officer shall submit to the Com- labor resources. of title 5, United States Code. mittee on Homeland Security and Govern- ‘‘(2) STRATEGY REQUIREMENTS.—In devel- ‘‘(b) ADVERSE ACTIONS.— mental Affairs of the Senate and the Com- oping the strategy required under paragraph ‘‘(1) PROPOSED ADVERSE ACTIONS.—In ac- mittee on Homeland Security of the House of (1), each component shall consider the effect cordance with paragraph (2), the Secretary Representatives a copy of each inventory on human resources associated with creating shall propose against a supervisor whom the conducted under paragraph (1)(A), each plan additional Federal full-time equivalent posi- Secretary, an administrative law judge, the established under paragraph (2)(A), and each tions, converting private contractors to Fed- Merit Systems Protection Board, the Office exception exercised under paragraph eral employees, or relying on the private sec- of Special Counsel, an adjudicating body pro- (2)(B)(ii).’’. tor for goods and services, including— vided under a union contract, a Federal (b) GAO REVIEW.—Not later than 1 year ‘‘(A) hiring projections, including occupa- judge, or the Inspector General of the De- after the date on which the results of the tion and grade level, as well as corresponding partment determines committed a prohib- first inventory are submitted to Congress salaries, benefits, and hiring or retention bo- ited personnel action the following adverse under subsection 703(d) of the Homeland Se- nuses; actions: curity Act of 2002, as added by subsection (a), ‘‘(B) the identification of critical skills re- ‘‘(A) With respect to the first prohibited the Comptroller General of the United States quirements over the 5-year period, any cur- personnel action, an adverse action that is shall assess whether the Department com- rent or anticipated deficiency in critical not less than a 12-day suspension. plied with the requirements under para- skills required at the Department, and the ‘‘(B) With respect to the second prohibited graphs (1) and (2)(A) of such section 703(d) training or other measures required to ad- personnel action, removal. and provide the results of the review to the dress those deficiencies in skills; ‘‘(2) PROCEDURES.—

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‘‘(A) NOTICE.—A supervisor against whom ployees of the Department on the public (1) in section 843(b)(1)(B) (6 U.S.C. an adverse action under paragraph (1) is pro- website of the Department, and on any on- 413(b)(1)(B)), by striking ‘‘by—’’ and all that posed is entitled to written notice. line portal that is made available only to follows through the end and inserting ‘‘by ‘‘(B) ANSWER AND EVIDENCE.— employees of the Department. the Secretary; and’’; ‘‘(i) IN GENERAL.—A supervisor who is noti- ‘‘(4) DELEGEES.—Any employee to whom (2) by repealing section 878 (6 U.S.C. 458); fied under subparagraph (A) that the super- the Secretary delegates authority for per- and visor is the subject of a proposed adverse ac- sonnel management, or for any aspect there- (3) in the table of contents in section 1(b) tion under paragraph (1) is entitled to 14 of, shall, within the limits of the scope of the (Public Law 107–296; 116 Stat. 2135), by strik- days following such notification to answer delegation, be responsible for the activities ing the item relating to section 878. and furnish evidence in support of the an- described in paragraph (1). TITLE LXXIII—DEPARTMENT swer. ‘‘(e) RULES OF CONSTRUCTION.—Nothing in TRANSPARENCY AND ASSESSMENTS ‘‘(ii) NO EVIDENCE.—After the end of the 14- this section shall be construed to exempt the SEC. 6301. HOMELAND SECURITY STATISTICS. day period described in clause (i), if a super- Department from requirements applicable Section 478(a) of the Homeland Security visor does not furnish evidence as described with respect to executive agencies— Act of 2002 (6 U.S.C. 298(a)) is amended— in clause (i) or if the Secretary determines ‘‘(1) to provide equal employment protec- (1) in paragraph (1), by striking ‘‘to the that such evidence is not sufficient to re- tion for employees of the Department (in- Committees on the Judiciary and Govern- verse the proposed adverse action, the Sec- cluding pursuant to section 2302(b)(1) of title ment Reform of the House of Representa- retary shall carry out the adverse action. 5, United States Code, and the Notification tives, and to the Committees on the Judici- ‘‘(C) SCOPE OF PROCEDURES.—Paragraphs (1) and Federal Employee Antidiscrimination ary and Government Affairs of the Senate,’’ and (2) of subsection (b) and subsection (c) of and Retaliation Act of 2002 (5 U.S.C. 2301 and inserting ‘‘the Committee on the Judici- section 7513 of title 5, United States Code, note)); or ary of the Senate, the Committee on the Ju- and paragraphs (1) and (2) of subsection (b) ‘‘(2) to provide whistleblower protections diciary of the House of Representatives, and and subsection (c) of section 7543 of title 5, for employees of the Department (including the congressional homeland security com- United States Code, shall not apply with re- pursuant to paragraphs (8) and (9) of section mittees’’; and spect to an adverse action carried out under 2302(b) of title 5, United States Code, and the (2) in paragraph (2), by adding at the end this subsection. Notification and Federal Employee Anti- the following: ‘‘(3) NO LIMITATION ON OTHER ADVERSE AC- discrimination and Retaliation Act of 2002 (5 ‘‘(I) The number of persons known to have TIONS.—With respect to a prohibited per- U.S.C. 2301 note)).’’. sonnel action, if the Secretary carries out an (b) TECHNICAL AND CONFORMING AMEND- overstayed the terms of their visa, by visa adverse action against a supervisor under an- MENT.—The table of contents in section 1(b) type. other provision of law, the Secretary may of the Homeland Security Act of 2002 (Public ‘‘(J) An estimated percentage of persons carry out an additional adverse action under Law 107–296; 116 Stat. 2135) is amended by believed to have overstayed their visa, by this subsection based on the same prohibited striking the item relating to section 883 and visa type. personnel action. inserting the following: ‘‘(K) A description of immigration enforce- ‘‘(c) TRAINING FOR SUPERVISORS.—In con- ‘‘Sec. 883. Whistleblower protections.’’. ment actions.’’. SEC. 6302. ANNUAL HOMELAND SECURITY AS- sultation with the Special Counsel and the SEC. 6206. COST SAVINGS AND EFFICIENCY RE- SESSMENT. Inspector General of the Department, the VIEWS. Secretary shall provide training regarding Not later than 2 years after the date of en- (a) IN GENERAL.—Subtitle A of title II of how to respond to complaints alleging a vio- actment of this Act, the Secretary, acting the Homeland Security Act of 2002 (6 U.S.C. lation of whistleblower protections available through the Under Secretary for Manage- 121 et seq.) is amended by adding at the end to employees of the Department— ment, shall submit to the congressional the following: ‘‘(1) to employees appointed to supervisory homeland security committees a report, ‘‘SEC. 210G. ANNUAL HOMELAND SECURITY AS- positions in the Department who have not which may include a classified or other ap- SESSMENT. previously served as a supervisor; and propriately controlled annex containing any ‘‘(a) DEPARTMENT ANNUAL ASSESSMENT.— ‘‘(2) on an annual basis, to all employees of information required to be submitted under ‘‘(1) IN GENERAL.—Not later than March 31 the Department serving in a supervisory po- this section that is restricted from public of each year beginning in the year after the sition. disclosure in accordance with Federal law, date of enactment of this section, and each ‘‘(d) INFORMATION ON WHISTLEBLOWER PRO- including information that is not publicly year thereafter for 7 years, the Under Sec- TECTIONS.— releasable, that— retary for Intelligence and Analysis shall ‘‘(1) RESPONSIBILITIES OF SECRETARY.—The (1) provides a detailed accounting of the prepare and submit to the congressional Secretary shall be responsible for— management and administrative expendi- homeland security committees a report as- ‘‘(A) the prevention of prohibited personnel tures and activities of each component of the sessing the current threats to homeland se- practices; Department and identifies potential cost curity and the capability of the Department ‘‘(B) the compliance with and enforcement savings, avoidances, and efficiencies for to address those threats. of applicable civil service laws, rules, and those expenditures and activities; ‘‘(2) FORM OF REPORT.—In carrying out regulations and other aspects of personnel (2) examines major physical assets of the paragraph (1), the Under Secretary for Intel- management; and Department, as defined by the Secretary; ligence and Analysis shall submit an unclas- ‘‘(C) ensuring (in consultation with the (3) reviews the size, experience level, and sified report, and as necessary, a classified Special Counsel and the Inspector General of geographic distribution of the operational annex. the Department) that employees of the De- personnel of the Department; ‘‘(b) OFFICE OF INSPECTOR GENERAL ANNUAL partment are informed of the rights and rem- (4) makes recommendations for adjust- ASSESSMENT.—Not later than 90 days after edies available to them under chapters 12 ments in the management and administra- the date on which a report required under and 23 of title 5, United States Code, includ- tion of the Department that would reduce subsection (a) is submitted to the congres- ing— deficiencies in the capabilities of the Depart- sional homeland security committees, the ‘‘(i) information regarding whistleblower ment, reduce costs, and enhance efficiencies; Inspector General of the Department shall protections available to new employees dur- and prepare and submit to the congressional ing the probationary period; (5) examines— homeland security committees a report, ‘‘(ii) the role of the Office of Special Coun- (A) how employees who carry out manage- which shall include an assessment of the ca- sel and the Merit Systems Protection Board ment and administrative functions at De- pability of the Department to address the with regard to whistleblower protections; partment headquarters coordinate with em- threats identified in the report required and ployees who carry out similar functions at— under subsection (a) and recommendations ‘‘(iii) how to make a lawful disclosure of (i) each component of the Department; for actions to mitigate those threats. information that is specifically required by (ii) the Office of Personnel Management; ‘‘(c) MITIGATION PLAN.—Not later than 90 law or Executive order to be kept classified and days after the date on which a report re- in the interest of national defense or the (iii) the General Services Administration; quired under subsection (b) is submitted to conduct of foreign affairs to the Special and the congressional homeland security com- Counsel, the Inspector General of the De- (B) whether any unnecessary duplication, mittees, the Secretary shall submit to the partment, Congress, or other Department overlap, or fragmentation exists with respect congressional homeland security committees employee designated to receive such disclo- to those functions. a plan to mitigate the threats to homeland sures. SEC. 6207. ABOLISHMENT OF CERTAIN OFFICES. security identified in the report.’’. (b) TECHNICAL AND CONFORMING AMEND- ‘‘(2) TIMING.—The Secretary shall ensure (a) ABOLISHMENT OF THE DIRECTOR OF that the information required to be provided SHARED SERVICES.—The position of Director MENT.—The table of contents in section 1(b) under paragraph (1) is provided to each new of Shared Services in the Department is of the Homeland Security Act of 2002 (Public employee not later than 6 months after the abolished. Law 107–296; 116 Stat. 2135) is amended by in- date the new employee is appointed. (b) ABOLISHMENT OF THE OFFICE OF COUN- serting after the item relating to section ‘‘(3) INFORMATION ONLINE.—The Secretary TERNARCOTICS ENFORCEMENT.—The Homeland 210F the following: shall make available information regarding Security Act of 2002 (6 U.S.C. 101 et seq.) is ‘‘Sec. 210G. Annual homeland security as- whistleblower protections applicable to em- amended— sessment.’’.

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.040 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3575 SEC. 6303. DEPARTMENT TRANSPARENCY. January 1, 2017, and annually thereafter, the Law 107–296; 116 Stat. 2135) is amended by in- (a) FEASIBILITY STUDY.—The Administrator Secretary shall submit to the appropriate serting after the item relating to section 318 of the Federal Emergency Management congressional committees a report that lists the following: Agency shall initiate a study to determine each ongoing classified project at the De- ‘‘Sec. 319. Transparency in research and de- partment, including all appropriate details the feasibility of gathering data and pro- velopment.’’. viding information to Congress on the use of of each such project. Federal grant awards, for expenditures of ‘‘(c) INDICATORS OF SUCCESS OF SEC. 6305. REPORTING ON NATIONAL BIO AND AGRO-DEFENSE FACILITY. more than $5,000, by entities that receive a TRANSITIONED PROJECTS.— Federal grant award under the Urban Area ‘‘(1) IN GENERAL.—For each project that (a) IN GENERAL.—Section 310 of the Home- Security Initiative and the State Homeland has been transitioned from research and de- land Security Act of 2002 (6 U.S.C. 190) is Security Grant Program under sections 2003 velopment to practice, the Under Secretary amended by adding at the end the following: and 2004 of the Homeland Security Act of for Science and Technology shall develop ‘‘(e) SUCCESSOR FACILITY.—The National 2002 (6 U.S.C. 604 and 605), respectively. and track indicators to demonstrate the up- Bio and Agro-Defense Facility, the planned (b) REPORT.—Not later than 1 year after take of the technology or project among cus- successor facility to the Plum Island Animal the date of enactment of this Act, the Ad- tomers or end-users. Disease Center as of the date of enactment of ministrator of the Federal Emergency Man- ‘‘(2) REQUIREMENT.—To the fullest extent this subsection, shall be subject to the re- agement Agency shall submit to the congres- possible, the tracking of a project required quirements under subsections (b), (c), and (d) sional homeland security committees a re- under paragraph (1) shall continue for the 3- in the same manner and to the same extent port on the results of the study required year period beginning on the date on which as the Plum Island Animal Disease Center. under subsection (a). the project was transitioned from research ‘‘(f) CONSTRUCTION OF THE NATIONAL BIO and development to practice. SEC. 6304. TRANSPARENCY IN RESEARCH AND AND AGRO-DEFENSE FACILITY.— ‘‘(3) INDICATORS.—The indicators developed DEVELOPMENT. ‘‘(1) REPORT REQUIRED.—Not later than and tracked under this subsection shall be (a) IN GENERAL.—Title III of the Homeland September 30, 2016, and not less frequently included in the list required under sub- than twice each year thereafter, the Sec- Security Act of 2002 (6 U.S.C. 181 et seq.) is section (a). amended by adding at the end the following: retary of Homeland Security and the Sec- ‘‘(d) DEFINITIONS.—In this section: retary of Agriculture shall submit to the ‘‘SEC. 319. TRANSPARENCY IN RESEARCH AND ‘‘(1) ALL APPROPRIATE DETAILS.—The term congressional homeland security committees DEVELOPMENT. ‘all appropriate details’ means— a report on the National Bio and Agro-De- ‘‘(a) REQUIREMENT TO PUBLICLY LIST UN- ‘‘(A) the name of the project, including fense Facility that includes— CLASSIFIED RESEARCH & DEVELOPMENT PRO- both classified and unclassified names if ap- ‘‘(A) a review of the status of the construc- GRAMS.— plicable; tion of the National Bio and Agro-Defense ‘‘(1) IN GENERAL.—Except as provided in ‘‘(B) the name of the component carrying Facility, including— paragraph (2), the Secretary shall maintain a out the project; ‘‘(i) current cost and schedule estimates; detailed list, accessible on the website of the ‘‘(C) an abstract or summary of the ‘‘(ii) any revisions to previous estimates Department, of— project; described in clause (i); and ‘‘(A) each research and development ‘‘(D) funding levels for the project; ‘‘(iii) total obligations to date; project that is not classified, and all appro- ‘‘(E) project duration or timeline; ‘‘(B) a description of activities carried out priate details for each such project, includ- ‘‘(F) the name of each contractor, grantee, to prepare for the transfer of research to the ing the component of the Department re- or cooperative agreement partner involved facility and the activation of that research; sponsible for the project; in the project; and ‘‘(B) each task order for a Federally Fund- ‘‘(G) expected objectives and milestones for ‘‘(C) a description of activities that have ed Research and Development Center not as- the project; and occurred to decommission the Plum Island sociated with a research and development ‘‘(H) to the maximum extent practicable, Animal Disease Center. project; and relevant literature and patents that are as- ‘‘(2) SUNSET.—The reporting requirement ‘‘(C) each task order for a University-based sociated with the project. under paragraph (1) shall terminate on the center of excellence not associated with a re- ‘‘(2) APPROPRIATE CONGRESSIONAL COMMIT- date that is 1 year after the date on which search and development project. TEES.—The term ‘appropriate congressional the Secretary of Homeland Security certifies ‘‘(2) EXCEPTIONS.— committees’ means— to the congressional homeland security com- ‘‘(A) OPERATIONAL SECURITY.—The Sec- ‘‘(A) the Committee on Homeland Security mittees that construction of the National retary, or a designee of the Secretary with and Governmental Affairs of the Senate; Bio and Agro-Defense Facility has been com- the rank of Assistant Secretary or above, ‘‘(B) the Committee on Homeland Security pleted.’’. may exclude a project from the list required of the House of Representatives; and (b) REVIEW.—Not later than 1 year after under paragraph (1) if the Secretary or such ‘‘(C) the Committee on Oversight and Gov- the date of enactment of this Act, the Comp- designee provides to the appropriate congres- ernment Reform of House of Representa- troller General of the United States shall sional committees— tives. initiate a review of and submit to Congress a ‘‘(i) the information that would otherwise ‘‘(3) CLASSIFIED.—The term ‘classified’ report on the construction and future plan- be required to be publicly posted under para- means anything containing— ning of the National Bio and Agro-Defense graph (1); and ‘‘(A) classified national security informa- Facility, which shall include— ‘‘(ii) a written certification that— tion as defined in section 6.1 of Executive (1) the extent to which cost and schedule ‘‘(I) the information that would otherwise Order 13526 (50 U.S.C. 3161 note) or any suc- estimates for the project conform to capital be required to be publicly posted under para- cessor order; planning leading practices as determined by graph (1) is controlled unclassified informa- ‘‘(B) Restricted Data or data that was for- the Comptroller General; tion, the public dissemination of which merly Restricted Data, as defined in section (2) the extent to which the project’s plan- would jeopardize operational security; and 11y. of the Atomic Energy Act of 1954 (42 ning, budgeting, acquisition, and proposed ‘‘(II) the publicly posted list under para- U.S.C. 2014(y)); management in use conform to capital plan- graph (1) includes as much information ‘‘(C) material classified at the Sensitive ning leading practices as determined by the about the program as is feasible without Compartmented Information (SCI) level as Comptroller General; and jeopardizing operational security. defined in section 309 of the Intelligence Au- (3) the extent to which disposal of the ‘‘(B) COMPLETED PROJECTS.—Paragraph (1) thorization Act for Fiscal Year 2001 (50 Plum Island Animal Disease Center con- shall not apply to a project completed or U.S.C. 3345); or forms to capital planning leading practices otherwise terminated before the date of en- ‘‘(D) information relating to a special ac- as determined by the Comptroller General. actment of this section. cess program, as defined in section 6.1 of Ex- ‘‘(3) DEADLINE AND UPDATES.—The list re- ecutive Order 13526 (50 U.S.C. 3161 note) or SEC. 6306. INSPECTOR GENERAL OVERSIGHT OF quired under paragraph (1) shall be— any successor order. SUSPENSION AND DEBARMENT. ‘‘(A) made publicly accessible on the ‘‘(4) CONTROLLED UNCLASSIFIED INFORMA- Not later than 3 years after the date of en- website of the Department not later than 1 TION.—The term ‘controlled unclassified in- actment of this Act, the Inspector General of year after the date of enactment of this sec- formation’ means information described as the Department shall— tion; and ‘Controlled Unclassified Information’ under (1) audit the award of grants and procure- ‘‘(B) updated as frequently as possible, but Executive Order 13556 (50 U.S.C. 3501 note) or ment contracts to identify— not less frequently than once per quarter. any successor order. (A) instances in which a grant or contract ‘‘(4) DEFINITION OF RESEARCH AND DEVELOP- ‘‘(5) PROJECT.—The term ‘project’ means a was improperly awarded to a suspended or MENT.—For purposes of the list required research or development project, program, or debarred entity; and under paragraph (1), the Secretary shall pub- activity administered by the Department, (B) whether corrective actions were taken lish a definition for the term ‘research and whether ongoing, completed, or otherwise following such instances to prevent recur- development’ on the website of the Depart- terminated.’’. rence; and ment. (b) TECHNICAL AND CONFORMING AMEND- (2) review the suspension and debarment ‘‘(b) REQUIREMENT TO REPORT TO CONGRESS MENT.—The table of contents in section 1(b) program throughout the Department to as- ON CLASSIFIED PROJECTS.—Not later than of the Homeland Security Act of 2002 (Public sess whether—

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.040 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3576 CONGRESSIONAL RECORD — SENATE June 7, 2016 (A) suspension and debarment criteria are prise and identify redundant, wasteful, or (1) by redesignating paragraphs (13) consistently applied throughout the Depart- unnecessary capabilities and capacities from through (18) as paragraphs (17) through (22), ment; and which resources can be redirected to better respectively; (B) disparities exist in the application of support other existing capabilities and ca- (2) by redesignating paragraphs (9) through the criteria, particularly with respect to pacities.’’; and (12) as paragraphs (12) through (15), respec- business size and category. (2) in subsection (c)— tively; SEC. 6307. FUTURE YEARS HOMELAND SECURITY (A) by striking paragraph (1) and inserting (3) by redesignating paragraphs (4) through PROGRAM. the following: (8) as paragraphs (6) through (10), respec- (a) IN GENERAL.—Section 874 of the Home- ‘‘(1) IN GENERAL.—Not later than 60 days tively; land Security Act of 2002 (6 U.S.C. 454) is after the date on which the budget of the (4) by redesignating paragraphs (1), (2), and amended— President is submitted to Congress under (3) as paragraphs (2), (3), and (4), respec- (1) in the section heading, by striking section 1105 of title 31, United States Code, tively; for the fiscal year after the fiscal year in ‘‘YEAR’’ and inserting ‘‘YEARS’’; (5) by inserting before paragraph (1) the which a quadrennial homeland security re- (2) by striking subsection (a) and inserting following: the following: view is conducted under subsection (a)(1), the ‘‘(1) The term ‘acquisition’ has the mean- ‘‘(a) IN GENERAL.—Not later than 60 days Secretary shall submit to Congress a report after the date on which the budget of the on the quadrennial homeland security re- ing given the term in section 131 of title 41, President is submitted to Congress under view.’’; and United States Code.’’; section 1105(a) of title 31, United States (B) in paragraph (2)— (6) in paragraph (3), as so redesignated— Code, the Secretary shall submit to the Com- (i) in subparagraph (H), by striking ‘‘and’’ (A) by inserting ‘‘(A)’’ after ‘‘(3)’’; and mittee on Homeland Security and Govern- at the end; (B) by adding at the end the following: mental Affairs of the Senate and the Com- (ii) by redesignating subparagraph (I) as ‘‘(B) The term ‘congressional homeland se- mittee on Homeland Security of the House of subparagraph (L); and curity committees’ means— Representatives (referred to in this section (iii) by inserting after subparagraph (H) ‘‘(i) the Committee on Homeland Security as the ‘appropriate committees’) a Future the following: and Governmental Affairs of the Senate; Years Homeland Security Program that cov- ‘‘(I) a description of how the conclusions ‘‘(ii) the Committee on Homeland Security ers the fiscal year for which the budget is under the quadrennial homeland security re- of the House of Representatives; submitted and the 4 succeeding fiscal view will inform efforts to develop capabili- ‘‘(iii) the Subcommittee on Homeland Se- years.’’; and ties and build capacity of States, local gov- curity of the Committee on Appropriations (3) by striking subsection (c) and inserting ernments, Indian tribes, territories, and pri- of the Senate; and the following: vate entities, and of individuals, families, ‘‘(iv) the Subcommittee on Homeland Se- ‘‘(c) PROJECTION OF ACQUISITION ESTI- and communities; curity of the Committee on Appropriations MATES.—On and after February 1, 2018, each ‘‘(J) proposed changes to the authorities, of the House of Representatives.’’; Future Years Homeland Security Program organization, governance structure, or busi- (7) by inserting after paragraph (4), as so shall project— ness processes (including acquisition proc- redesignated, the following: ‘‘(1) acquisition estimates for the fiscal esses) of the Department in order to better ‘‘(5) The term ‘best practices’, with respect year for which the budget is submitted and fulfil responsibilities of the Department; to acquisition, means a knowledge-based ap- the 4 succeeding fiscal years, with specified ‘‘(K) if appropriate, a classified or other ap- proach to capability development that in- estimates for each fiscal year, for all major propriately controlled document containing cludes— acquisitions by the Department and each any information required to be submitted ‘‘(A) identifying and validating needs; component of the Department; and under this paragraph that is restricted from ‘‘(B) assessing alternatives to select the ‘‘(2) estimated annual deployment sched- public disclosure in accordance with Federal most appropriate solution; ules for all physical asset major acquisitions law, including information that is not pub- ‘‘(C) clearly establishing well-defined re- over the 5-fiscal-year period described in licly releasable; and’’. quirements; paragraph (1) and the full operating capa- SEC. 6309. REPORTING REDUCTION. ‘‘(D) developing realistic cost assessments bility for all information technology major (a) OFFICE OF COUNTERNARCOTICS SEIZURE and schedules; acquisitions. REPORT.—Section 705(a) of the Office of Na- ‘‘(E) planning stable funding that matches ‘‘(d) SENSITIVE AND CLASSIFIED INFORMA- tional Drug Control Policy Reauthorization resources to requirements; TION.—The Secretary may include with each Act of 1998 (21 U.S.C. 1704(a)) is amended by ‘‘(F) demonstrating technology, design, Future Years Homeland Security Program a striking paragraph (3). and manufacturing maturity; classified or other appropriately controlled (b) ANNUAL REPORT ON ACTIVITIES OF THE ‘‘(G) using milestones and exit criteria or document containing any information re- NATIONAL NUCLEAR DETECTION OFFICE.—Sec- specific accomplishments that demonstrate quired to be submitted under this section tion 1902(a)(13) of the Homeland Security Act progress; that is restricted from public disclosure in of 2002 (6 U.S.C. 592(a)(13)) is amended by ‘‘(H) adopting and executing standardized accordance with Federal law or any Execu- striking ‘‘an annual’’ and inserting ‘‘a bien- processes with known success across pro- nial’’. tive Order. grams; ‘‘(e) AVAILABILITY OF INFORMATION TO THE (c) JOINT ANNUAL INTERAGENCY REVIEW OF ‘‘(I) establishing an adequate workforce PUBLIC.—The Secretary shall make available GLOBAL NUCLEAR DETECTION ARCHITEC- that is qualified and sufficient to perform to the public in electronic form the informa- TURE.—Section 1907 of the Homeland Secu- necessary functions; and tion required to be submitted to the appro- rity Act of 2002 (6 U.S.C. 596a) is amended— ‘‘(J) integrating capabilities into the mis- priate committees under this section, other (1) in subsection (a)— sion and business operations of the Depart- than information described in subsection (A) in the subsection heading, by striking ment.’’; (d).’’. ‘‘ANNUAL’’ and inserting ‘‘BIENNIAL’’; (b) TECHNICAL AND CONFORMING AMEND- (B) in paragraph (1)— (8) by inserting after paragraph (10), as so MENT.—The table of contents in section 1(b) (i) in the matter preceding subparagraph redesignated, the following: of the Homeland Security Act of 2002 (Public (A), by striking ‘‘once each year—’’ and in- ‘‘(11) The term ‘homeland security enter- Law 107–296; 116 Stat. 2135) is amended by serting ‘‘once every other year—’’; and prise’ means all relevant governmental and striking the item relating to section 874 and (ii) in subparagraph (C)— nongovernmental entities involved in home- inserting the following: (I) in clause (i), by striking ‘‘the previous land security, including Federal, State, ‘‘Sec. 874. Future Years Homeland Security year’’ and inserting ‘‘the previous 2 years’’; local, tribal, and territorial government offi- Program.’’. and cials, private sector representatives, aca- (c) EFFECTIVE DATE.—The amendments (II) in clause (iii), by striking ‘‘the pre- demics, and other policy experts.’’; and made by subsection (a) shall apply with re- vious year.’’ and inserting ‘‘the previous 2 (9) by inserting after paragraph (15), as so spect to each fiscal year beginning after the years.’’; and redesignated, the following: date of enactment of this Act. (C) in paragraph (2), by striking ‘‘once each ‘‘(16) The term ‘management integration SEC. 6308. QUADRENNIAL HOMELAND SECURITY year,’’ and inserting ‘‘once every other and transformation’— REVIEW. year,’’; and ‘‘(A) means the development of consistent (a) IN GENERAL.—Section 707 of the Home- (2) in subsection (b)— and consolidated functions for information land Security Act of 2002 (6 U.S.C. 347) is (A) in the subsection heading, by striking technology, financial management, acquisi- amended— ‘‘ANNUAL’’ and inserting ‘‘BIENNIAL’’; tion management, logistics and material re- (1) in subsection (b)— (B) in paragraph (1), by striking ‘‘of each source management, asset security, and (A) in paragraph (5), by striking ‘‘and’’ at year,’’ and inserting ‘‘of every other year,’’; human capital management; and the end; and ‘‘(B) includes governing processes and pro- (B) in paragraph (6), by striking the period (C) in paragraph (2), by striking ‘‘annual’’ cedures, management systems, personnel ac- and inserting ‘‘; and’’; and and inserting ‘‘biennial’’. tivities, budget and resource planning, train- (C) by adding at the end the following: SEC. 6310. ADDITIONAL DEFINITIONS. ing, real estate management, and provision ‘‘(7) review available capabilities and ca- Section 2 of the Homeland Security Act of of security, as they relate to functions cited pacities across the homeland security enter- 2002 (6 U.S.C. 101) is amended— in subparagraph (A).’’.

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TITLE LXXIV—MISCELLANEOUS ‘‘(3) RECORDS.—An agency shall record ad- ‘‘(i) pay; SEC. 6401. ADMINISTRATIVE LEAVE. ministrative leave separately from leave au- ‘‘(ii) leave to which an employee is other- (a) SHORT TITLE.—This section may be thorized under any other provision of law. wise entitled under law; or cited as the ‘‘Administrative Leave Act of ‘‘(c) REGULATIONS.— ‘‘(iii) credit for time or service; 2016’’. ‘‘(1) OPM REGULATIONS.—Not later than 1 ‘‘(B) that is not authorized under any other (b) SENSE OF CONGRESS.—It is the sense of year after the date of enactment of this sec- provision of law; and Congress that— tion, the Director of the Office of Personnel ‘‘(C) in which an employee who is the sub- (1) agency use of administrative leave, and Management shall— ject of an investigation is placed; leave that is referred to incorrectly as ad- ‘‘(A) prescribe regulations to carry out this ‘‘(7) the term ‘notice leave’ means leave— ministrative leave in agency recording prac- section; and ‘‘(A) without loss of or reduction in— tices, has exceeded reasonable amounts— ‘‘(B) prescribe regulations that provide ‘‘(i) pay; (A) in contravention of— guidance to agencies regarding— ‘‘(ii) leave to which an employee is other- (i) established precedent of the Comp- ‘‘(i) acceptable agency uses of administra- wise entitled under law; or troller General of the United States; and tive leave; and ‘‘(iii) credit for time or service; (ii) guidance provided by the Office of Per- ‘‘(ii) the proper recording of— ‘‘(B) that is not authorized under any other sonnel Management; and ‘‘(I) administrative leave; and provision of law; and (B) resulting in significant cost to the Fed- ‘‘(II) other leave authorized by law. ‘‘(C) in which an employee who is in a no- eral Government; ‘‘(2) AGENCY ACTION.—Not later than 1 year tice period is placed; and (2) administrative leave should be used after the date on which the Director of the ‘‘(8) the term ‘notice period’ means a pe- sparingly; Office of Personnel Management prescribes riod beginning on the date on which an em- (3) prior to the use of paid leave to address regulations under paragraph (1), each agency ployee is provided notice required under law personnel issues, an agency should consider shall revise and implement the internal poli- of a proposed adverse action against the em- other actions, including— cies of the agency to meet the requirements ployee and ending on the date on which an (A) temporary reassignment; of this section. agency may take the adverse action. ‘‘(b) LEAVE FOR EMPLOYEES UNDER INVES- (B) transfer; and ‘‘(d) RELATION TO OTHER LAWS.—Notwith- TIGATION OR IN A NOTICE PERIOD.— (C) telework; standing subsection (a) of section 7421 of ‘‘(1) AUTHORITY.—An agency may, in ac- (4) an agency should prioritize and expedi- title 38, this section shall apply to an em- cordance with paragraph (2), place an em- tiously conclude an investigation in which ployee described in subsection (b) of that section.’’. ployee in— an employee is placed in administrative ‘‘(A) investigative leave if the employee is leave so that, not later than the conclusion (2) OPM STUDY.—Not later than 120 days after the date of enactment of this Act, the the subject of an investigation; of the leave period— ‘‘(B) notice leave if the employee is in a (A) the employee is returned to duty sta- Director of the Office of Personnel Manage- ment, in consultation with Federal agencies, notice period; or tus; or ‘‘(C) notice leave following a placement in (B) an appropriate personnel action is groups representing Federal employees, and other relevant stakeholders, shall submit to investigative leave if, not later than the day taken with respect to the employee; after the last day of the period of investiga- (5) data show that there are too many ex- the Committee on Homeland Security and Governmental Affairs of the Senate and the tive leave— amples of employees placed in administra- ‘‘(i) the agency proposes or initiates an ad- tive leave for 6 months or longer, leaving the Committee on Oversight and Government Reform of the House of Representatives a re- verse action against the employee; and employees without any available recourse ‘‘(ii) the agency determines that the em- to— port identifying agency practices, as of the date of enactment of this Act, of placing an ployee continues to meet 1 or more of the (A) return to duty status; or criteria described in subsection (c)(1). employee in administrative leave for more (B) challenge the decision of the agency; ‘‘(2) REQUIREMENTS.—An agency may place than 5 consecutive days when the placement (6) an agency should ensure accurate and an employee in leave under paragraph (1) was not specifically authorized by law. consistent recording of the use of adminis- only if the agency has— (3) TECHNICAL AND CONFORMING AMEND- trative leave so that administrative leave ‘‘(A) made a determination with respect to MENT.—The table of sections for subchapter can be managed and overseen effectively; the employee under subsection (c)(1); II of chapter 63 of title 5, United States Code, and ‘‘(B) considered the available options for is amended by inserting after the item relat- (7) other forms of excused absence author- the employee under subsection (c)(2); and ing to section 6329 the following: ized by law should be recorded separately ‘‘(C) determined that none of the available from administrative leave, as defined by the ‘‘6329a. Administrative leave.’’. options under subsection (c)(2) is appro- (d) INVESTIGATIVE LEAVE AND NOTICE amendments made by this section. priate. LEAVE.— (c) ADMINISTRATIVE LEAVE.— ‘‘(c) EMPLOYEES UNDER INVESTIGATION OR IN (1) IN GENERAL.—Subchapter II of chapter (1) IN GENERAL.—Subchapter II of chapter A NOTICE PERIOD.— 63 of title 5, United States Code, is amended 63 of title 5, United States Code, as amended ‘‘(1) DETERMINATIONS.—An agency may not by adding at the end the following: by this section, is further amended by adding place an employee in investigative leave or ‘‘§ 6329a. Administrative leave at the end the following: notice leave under subsection (b) unless the ‘‘(a) DEFINITIONS.—In this section— ‘‘§ 6329b. Investigative leave and notice leave continued presence of the employee in the ‘‘(1) the term ‘administrative leave’ means ‘‘(a) DEFINITIONS.—In this section— workplace during an investigation of the em- leave— ‘‘(1) the term ‘agency’— ployee or while the employee is in a notice ‘‘(A) without loss of or reduction in— ‘‘(A) means an Executive agency (as de- period, if applicable, may— ‘‘(i) pay; fined in section 105 of this title); and ‘‘(A) pose a threat to the employee or oth- ‘‘(ii) leave to which an employee is other- ‘‘(B) does not include the Government Ac- ers; wise entitled under law; or countability Office; ‘‘(B) result in the destruction of evidence ‘‘(iii) credit for time or service; and ‘‘(2) the term ‘Chief Human Capital Officer’ relevant to an investigation; ‘‘(B) that is not authorized under any other means— ‘‘(C) result in loss of or damage to Govern- provision of law; ‘‘(A) the Chief Human Capital Officer of an ment property; or ‘‘(2) the term ‘agency’— agency designated or appointed under sec- ‘‘(D) otherwise jeopardize legitimate Gov- ‘‘(A) means an Executive agency (as de- tion 1401; or ernment interests. fined in section 105 of this title); and ‘‘(B) the equivalent; ‘‘(2) AVAILABLE OPTIONS FOR EMPLOYEES ‘‘(B) does not include the Government Ac- ‘‘(3) the term ‘committees of jurisdiction’, UNDER INVESTIGATION OR IN A NOTICE PE- countability Office; and with respect to an agency, means each com- RIOD.—After making a determination under ‘‘(3) the term ‘employee’— mittee in the Senate and House of Rep- paragraph (1) with respect to an employee, ‘‘(A) has the meaning given the term in resentatives with jurisdiction over the agen- and before placing an employee in investiga- section 2105; and cy; tive leave or notice leave under subsection ‘‘(B) does not include an intermittent em- ‘‘(4) the term ‘Director’ means the Director (b), an agency shall consider taking 1 or ployee who does not have an established reg- of the Office of Personnel Management; more of the following actions: ular tour of duty during the administrative ‘‘(5) the term ‘employee’— ‘‘(A) Assigning the employee to duties in workweek. ‘‘(A) has the meaning given the term in which the employee is no longer a threat ‘‘(b) ADMINISTRATIVE LEAVE.— section 2105; and to— ‘‘(1) IN GENERAL.—An agency may place an ‘‘(B) does not include— ‘‘(i) safety; employee in administrative leave for a pe- ‘‘(i) an intermittent employee who does ‘‘(ii) the mission of the agency; riod of not more than 5 consecutive days. not have an established regular tour of duty ‘‘(iii) Government property; or ‘‘(2) RULE OF CONSTRUCTION.—Nothing in during the administrative workweek; or ‘‘(iv) evidence relevant to an investigation. paragraph (1) shall be construed to limit the ‘‘(ii) the Inspector General of an agency; ‘‘(B) Allowing the employee to take leave use of leave that is— ‘‘(6) the term ‘investigative leave’ means for which the employee is eligible. ‘‘(A) specifically authorized under law; and leave— ‘‘(C) Requiring the employee to telework ‘‘(B) not administrative leave. ‘‘(A) without loss of or reduction in— under section 6502(c).

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‘‘(D) If the employee is absent from duty ‘‘(2) MAXIMUM NUMBER OF EXTENSIONS.—The an employee in investigative leave during an without approved leave, carrying the em- total period of additional investigative leave investigation of the employee, including dur- ployee in absence without leave status. for an employee under paragraph (1) may not ing a criminal investigation, because the ‘‘(E) For an employee subject to a notice exceed 110 days. continued presence of the employee in the period, curtailing the notice period if there ‘‘(3) DESIGNATION GUIDANCE.—Not later workplace during the investigation may— is reasonable cause to believe the employee than 1 year after the date of enactment of ‘‘(1) pose a threat to the employee or oth- has committed a crime for which a sentence this section, the Chief Human Capital Offi- ers; of imprisonment may be imposed. cers Council shall issue guidance to ensure ‘‘(2) result in the destruction of evidence ‘‘(3) DURATION OF LEAVE.— that if the Chief Human Capital Officer of an relevant to an investigation; ‘‘(A) INVESTIGATIVE LEAVE.—Subject to ex- agency delegates the authority to approve an ‘‘(3) result in loss of or damage to Govern- tensions of a period of investigative leave for extension under paragraph (1) to a designee, ment property; or which an employee may be eligible under the designee is at a sufficiently high level ‘‘(4) otherwise jeopardize legitimate Gov- subsections (d) and (e), the initial placement within the agency to make an impartial and ernment interests. of an employee in investigative leave shall independent determination regarding the ex- ‘‘(g) REPORTING AND RECORDS.— be for a period not longer than 10 days. tension. ‘‘(1) IN GENERAL.—An agency shall keep a ‘‘(B) NOTICE LEAVE.—Placement of an em- ‘‘(4) EXTENSIONS FOR OIG EMPLOYEES.— record of the placement of an employee in ployee in notice leave shall be for a period ‘‘(A) APPROVAL.—In the case of an em- investigative leave or notice leave by the not longer than the duration of the notice ployee of an Office of Inspector General— agency, including— period. ‘‘(i) the Inspector General or the designee ‘‘(A) the basis for the determination made ‘‘(4) EXPLANATION OF LEAVE.— of the Inspector General, rather than the under subsection (c)(1); ‘‘(A) IN GENERAL.—If an agency places an Chief Human Capital Officer or the designee ‘‘(B) an explanation of why an action under employee in leave under subsection (b), the of the Chief Human Capital Officer, shall ap- subsection (c)(2) was not appropriate; agency shall provide the employee a written prove an extension of a period of investiga- ‘‘(C) the length of the period of leave; explanation of the leave placement and the tive leave for the employee under paragraph ‘‘(D) the amount of salary paid to the em- reasons for the leave placement. (1); or ployee during the period of leave; ‘‘(B) EXPLANATION.—The written notice ‘‘(ii) at the request of the Inspector Gen- ‘‘(E) the reasons for authorizing the leave, under subparagraph (A) shall describe the eral, the head of the agency within which the including, if applicable, the recommendation limitations of the leave placement, includ- Office of Inspector General is located shall made by an investigator under subsection designate an official of the agency to ap- ing— (d)(1); and prove an extension of a period of investiga- ‘‘(i) the applicable limitations under para- ‘‘(F) the action taken by the agency at the tive leave for the employee under paragraph graph (3); and end of the period of leave, including, if appli- (1). ‘‘(ii) in the case of a placement in inves- cable, the granting of any extension of a pe- ‘‘(B) GUIDANCE.—Not later than 1 year after tigative leave, an explanation that, at the riod of investigative leave under subsection the date of enactment of this section, the conclusion of the period of leave, the agency (d) or (e). Council of the Inspectors General on Integ- shall take an action under paragraph (5). ‘‘(2) AVAILABILITY OF RECORDS.—An agency rity and Efficiency shall issue guidance to ‘‘(5) AGENCY ACTION.—Not later than the shall make a record kept under paragraph (1) day after the last day of a period of inves- ensure that if the Inspector General or the available— tigative leave for an employee under sub- head of an agency, at the request of the In- ‘‘(A) to any committee of Congress, upon section (b)(1), an agency shall— spector General, delegates the authority to request; ‘‘(A) return the employee to regular duty approve an extension under subparagraph (A) ‘‘(B) to the Office of Personnel Manage- status; to a designee, the designee is at a suffi- ment; and ‘‘(B) take 1 or more of the actions author- ciently high level within the Office of Inspec- ‘‘(C) as otherwise required by law, includ- ized under paragraph (2), meaning— tor General or the agency, as applicable, to ing for the purposes of the Administrative ‘‘(i) assigning the employee to duties in make an impartial and independent deter- Leave Act of 2016 and the amendments made which the employee is no longer a threat mination regarding the extension. by that Act. ‘‘(e) FURTHER EXTENSION OF INVESTIGATIVE to— LEAVE.— ‘‘(h) REGULATIONS.— ‘‘(I) safety; ‘‘(1) IN GENERAL.—After reaching the limit ‘‘(1) OPM ACTION.—Not later than 1 year ‘‘(II) the mission of the agency; under subsection (d)(2), an agency may fur- after the date of enactment of this section, ‘‘(III) Government property; or ther extend a period of investigative leave the Director shall prescribe regulations to ‘‘(IV) evidence relevant to an investiga- for an employee for a period of not more carry out this section, including guidance to tion; than 60 days if, before the further extension agencies regarding— ‘‘(ii) allowing the employee to take leave begins, the head of the agency or, in the case ‘‘(A) acceptable purposes for the use of— for which the employee is eligible; of an employee of an Office of Inspector Gen- ‘‘(i) investigative leave; and ‘‘(iii) requiring the employee to telework eral, the Inspector General submits a notifi- ‘‘(ii) notice leave; under section 6502(c); cation that includes the reasons for the fur- ‘‘(B) the proper recording of— ‘‘(iv) if the employee is absent from duty ther extension to the— ‘‘(i) the leave categories described in sub- without approved leave, carrying the em- ‘‘(A) committees of jurisdiction; paragraph (A); and ployee in absence without leave status; or ‘‘(B) Committee on Homeland Security and ‘‘(ii) other leave authorized by law; ‘‘(v) for an employee subject to a notice pe- Governmental Affairs of the Senate; and ‘‘(C) baseline factors that an agency shall riod, curtailing the notice period if there is ‘‘(C) Committee on Oversight and Govern- consider when making a determination that reasonable cause to believe the employee has ment Reform of the House of Representa- the continued presence of an employee in the committed a crime for which a sentence of tives. workplace may— imprisonment may be imposed; ‘‘(2) NO LIMIT.—There shall be no limit on ‘‘(i) pose a threat to the employee or oth- ‘‘(C) propose or initiate an adverse action the number of further extensions that an ers; against the employee as provided under law; agency may grant to an employee under ‘‘(ii) result in the destruction of evidence or paragraph (1). relevant to an investigation; ‘‘(D) extend the period of investigative ‘‘(3) OPM REVIEW.—An agency shall request ‘‘(iii) result in loss or damage to Govern- leave under subsections (d) and (e). from the Director, and include with the noti- ment property; or ‘‘(6) RULE OF CONSTRUCTION.—Nothing in fication required under paragraph (1), the ‘‘(iv) otherwise jeopardize legitimate Gov- paragraph (5) shall be construed to prevent opinion of the Director— ernment interests; and the continued investigation of an employee, ‘‘(A) with respect to whether to grant a ‘‘(D) procedures and criteria for the ap- except that the placement of an employee in further extension under this subsection, in- proval of an extension of a period of inves- investigative leave may not be extended for cluding the reasons for that opinion; and tigative leave under subsection (d) or (e). that purpose except as provided in sub- ‘‘(B) which shall not be binding on the ‘‘(2) AGENCY ACTION.—Not later than 1 year sections (d) and (e). agency. after the date on which the Director pre- ‘‘(d) INITIAL EXTENSION OF INVESTIGATIVE ‘‘(4) SUNSET.—The authority provided scribes regulations under paragraph (1), each LEAVE.— under this subsection shall expire on the agency shall revise and implement the inter- ‘‘(1) IN GENERAL.—Subject to paragraph (4), date that is 6 years after the date of enact- nal policies of the agency to meet the re- if the Chief Human Capital Officer of an ment of this section. quirements of this section. agency, or the designee of the Chief Human ‘‘(f) CONSULTATION GUIDANCE.—Not later ‘‘(i) RELATION TO OTHER LAWS.—Notwith- Capital Officer, approves such an extension than 1 year after the date of enactment of standing subsection (a) of section 7421 of after consulting with the investigator re- this section, the Council of the Inspectors title 38, this section shall apply to an em- sponsible for conducting the investigation to General on Integrity and Efficiency, in con- ployee described in subsection (b) of that which an employee is subject, the agency sultation with the Attorney General and the section.’’. may extend the period of investigative leave Special Counsel, shall issue guidance on best (2) PERSONNEL ACTION.—Section for the employee under subsection (b) for not practices for consultation between an inves- 2302(a)(2)(A) of title 5, United States Code, is more than 30 days. tigator and an agency on the need to place amended—

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.040 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3579 (A) in clause (xi), by striking ‘‘and’’ at the ‘‘§ 6329c. Weather and safety leave Government related to each instance de- end; ‘‘(a) DEFINITIONS.—In this section— scribed in subsection (a); (B) by redesignating clause (xii) as clause ‘‘(1) the term ‘agency’— (2) ascertain which factors, including oper- (xiii); and ‘‘(A) means an Executive agency (as de- ational issues, security vulnerabilities, sys- (C) by inserting after clause (xi) the fol- fined in section 105 of this title); and temic challenges, or other issues, which may lowing: ‘‘(B) does not include the Government Ac- have undermined efforts to prevent the trav- ‘‘(xii) a determination made by an agency countability Office; and el of persons described in subsection (a) to a under section 6329b(c)(1) that the continued ‘‘(2) the term ‘employee’— conflict zone in Iraq or Syria from the presence of an employee in the workplace ‘‘(A) has the meaning given the term in United States, including issues related to the during an investigation of the employee or section 2105; and timely identification of suspects, informa- while the employee is in a notice period, if ‘‘(B) does not include an intermittent em- tion sharing, intervention, and interdiction; applicable, may— ployee who does not have an established reg- and ‘‘(I) pose a threat to the employee or oth- ular tour of duty during the administrative (3) identify lessons learned and areas that ers; workweek. can be improved to prevent additional travel ‘‘(II) result in the destruction of evidence ‘‘(b) LEAVE FOR WEATHER AND SAFETY by persons described in subsection (a) to a relevant to an investigation; ISSUES.—An agency may approve the provi- conflict zone in Iraq or Syria, or other ter- ‘‘(III) result in loss of or damage to Gov- sion of leave under this section to an em- rorist safe haven abroad, to join or provide ernment property; or ployee or a group of employees without loss material support or resources to a terrorist ‘‘(IV) otherwise jeopardize legitimate Gov- of or reduction in the pay of the employee or organization. ernment interests; and’’. employees, leave to which the employee or (c) INFORMATION SHARING.—The President (3) GAO REPORT.—Not later than 5 years employees are otherwise entitled, or credit shall direct the heads of relevant Federal after the date of enactment of this Act, the to the employee or employees for time or agencies to provide the appropriate informa- Comptroller General of the United States service only if the employee or group of em- tion that may be necessary to complete the shall report to the Committee on Homeland ployees is prevented from safely traveling to review required under this section. Security and Governmental Affairs of the or performing work at an approved location (d) SUBMISSION TO CONGRESS.—Not later Senate and the Committee on Oversight and due to— than 120 days after the date of enactment of Government Reform of the House of Rep- ‘‘(1) an act of God; this Act, the President, consistent with the resentatives on the results of an evaluation ‘‘(2) a terrorist attack; or protection of classified information, shall of the implementation of the authority pro- ‘‘(3) another condition that prevents the submit a report to the appropriate congres- vided under sections 6329a and 6329b of title employee or group of employees from safely sional committees that includes the results 5, United States Code, as added by subsection of the review required under this section, in- (c)(1) and paragraph (1) of this subsection, re- traveling to or performing work at an ap- cluding information on travel routes of spectively, including— proved location. greatest concern, as appropriate. (A) an assessment of agency use of the au- ‘‘(c) RECORDS.—An agency shall record (e) PROHIBITION ON ADDITIONAL FUNDING.— thority provided under subsection (e) of such leave provided under this section separately No additional funds are authorized to be ap- section 6329b, including data regarding— from leave authorized under any other provi- propriated to carry out this section. (i) the number and length of extensions sion of law. ‘‘(d) REGULATIONS.—Not later than 1 year (f) DEFINITIONS.—In this section: granted under that subsection; and after the date of enactment of this section, (1) APPROPRIATE CONGRESSIONAL COMMIT- (ii) the number of times that the Director the Director of the Office of Personnel Man- TEES.—The term ‘‘appropriate congressional of the Office of Personnel Management, agement shall prescribe regulations to carry committees’’ means— under paragraph (3) of that subsection— out this section, including— (A) the Committee on Homeland Security (I) concurred with the decision of an agen- ‘‘(1) guidance to agencies regarding the ap- and Governmental Affairs of the Senate; cy to grant an extension; and propriate purposes for providing leave under (B) the Select Committee on Intelligence (II) did not concur with the decision of an this section; and of the Senate; agency to grant an extension, including the ‘‘(2) the proper recording of leave provided (C) the Committee on the Judiciary of the bases for those opinions of the Director; under this section. Senate; (B) recommendations to Congress, as ap- ‘‘(e) RELATION TO OTHER LAWS.—Notwith- (D) the Committee on Armed Services of propriate, on the need for extensions beyond standing subsection (a) of section 7421 of the Senate; the extensions authorized under subsection title 38, this section shall apply to an em- (E) the Committee on Foreign Relations of (d) of such section 6329b; and ployee described in subsection (b) of that the Senate; (C) a review of the practice of agency section.’’. (F) the Committee on Banking, Housing, placement of an employee in investigative or (2) TECHNICAL AND CONFORMING AMEND- and Urban Affairs of the Senate; notice leave under subsection (b) of such sec- MENT.—The table of sections for subchapter (G) the Committee on Appropriations of tion 6329b because of a determination under II of chapter 63 of title 5, United States Code, the Senate; subsection (c)(1)(D) of that section that the is amended by inserting after the item relat- (H) the Committee on Homeland Security employee jeopardized legitimate Govern- ing to section 6329b, as added by this section, of the House of Representatives; ment interests, including the extent to the following: (I) the Permanent Select Committee on In- which such determinations were supported telligence of the House of Representatives; by evidence. ‘‘6329c. Weather and safety leave.’’. (J) the Committee on the Judiciary of the (4) TELEWORK.—Section 6502 of title 5, (f) ADDITIONAL OVERSIGHT.— House of Representatives; United States Code, is amended by adding at (1) IN GENERAL.—Not later than 3 years (K) the Committee on Armed Services of the end the following: after the date of enactment of this Act, the the House of Representatives; ‘‘(c) REQUIRED TELEWORK.—If an agency de- Director of the Office of Personnel Manage- termines under section 6329b(c)(1) that the ment shall complete a review of agency poli- (L) the Committee on Foreign Affairs of continued presence of an employee in the cies to determine whether agencies have the House of Representatives; workplace during an investigation of the em- complied with the requirements of this sec- (M) the Committee on Appropriations of ployee or while the employee is in a notice tion and the amendments made by this sec- the House of Representatives; and period, if applicable, may pose 1 or more of tion. (N) the Committee on Financial Services the threats described in that section and the (2) REPORT TO CONGRESS.—Not later than 90 of the House of Representatives. employee is eligible to telework under sub- days after completing the review under para- (2) MATERIAL SUPPORT OR RESOURCES.—The sections (a) and (b) of this section, the agen- graph (1), the Director shall submit to Con- term ‘‘material support or resources’’ has cy may require the employee to telework for gress a report evaluating the results of the the meaning given such term in section the duration of the investigation or the no- review. 2339A of title 18, United States Code. tice period, if applicable.’’. SEC. 6402. UNITED STATES GOVERNMENT RE- SEC. 6403. NATIONAL STRATEGY TO COMBAT TER- (5) TECHNICAL AND CONFORMING AMEND- VIEW OF CERTAIN FOREIGN FIGHT- RORIST TRAVEL. MENT.—The table of sections for subchapter ERS. (a) SENSE OF CONGRESS.—It is the sense of II of chapter 63 of title 5, United States Code, (a) REVIEW.—Not later than 30 days after Congress that it should be the policy of the is amended by inserting after the item relat- the date of enactment of this Act, the Presi- United States— ing to section 6329a, as added by this section, dent shall initiate a review of known in- (1) to continue to regularly assess the the following: stances since 2011 in which a person has trav- evolving terrorist threat to the United ‘‘6329b. Investigative leave and notice eled or attempted to travel to a conflict zone States; leave.’’. in Iraq or Syria from the United States to (2) to catalog existing Federal Government (e) LEAVE FOR WEATHER AND SAFETY join or provide material support or resources efforts to obstruct terrorist and foreign ISSUES.— to a terrorist organization. fighter travel into, out of, and within the (1) IN GENERAL.—Subchapter II of chapter (b) SCOPE OF REVIEW.—The review under United States, and overseas; 63 of title 5, United States Code, as amended subsection (a) shall— (3) to identify such efforts that may ben- by this section, is further amended by adding (1) include relevant unclassified and classi- efit from reform or consolidation, or require at the end the following: fied information held by the United States elimination;

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(4) to identify potential security (e) PROHIBITION ON ADDITIONAL FUNDING.— (c) ANALYSIS REQUIREMENTS.—For the vulnerabilities in United States defenses No additional funds are authorized to be ap- threat analysis required under subsection against terrorist travel; and propriated to carry out this section. (b), the Secretary shall consider and exam- (5) to prioritize resources to address any (f) DEFINITION.—In this section, the term ine— such security vulnerabilities in a risk-based ‘‘appropriate congressional committees’’ (1) technology needs and challenges; manner. means— (2) personnel needs and challenges; (b) NATIONAL STRATEGY AND UPDATES.— (1) the Committee on Homeland Security (3) the role of State, tribal, and local law (1) IN GENERAL.—Not later than 180 days and Governmental Affairs of the Senate; enforcement in general border security ac- after the date of enactment of this Act, the (2) the Committee on Armed Services of tivities; President shall submit a national strategy to the Senate; (4) the need for cooperation among Fed- combat terrorist travel to the appropriate (3) the Select Committee on Intelligence of eral, State, tribal, local, and Canadian law congressional committees. The strategy the Senate; enforcement entities relating to border secu- shall address efforts to intercept terrorists (4) the Committee on the Judiciary of the rity; and foreign fighters and constrain the do- Senate; (5) the terrain, population density, and cli- mestic and international travel of such per- (5) the Committee on Foreign Relations of mate along the Northern Border; and sons. Consistent with the protection of clas- the Senate; (6) the needs and challenges of Department sified information, the strategy shall be sub- (6) the Committee on Appropriations of the facilities, including the physical approaches Senate; mitted in unclassified form, including, as ap- to such facilities. (7) the Committee on Homeland Security propriate, a classified annex. (d) CLASSIFIED THREAT ANALYSIS.—To the of the House of Representatives; (2) UPDATED STRATEGIES.—Not later than extent possible, the Secretary shall submit (8) the Committee on Armed Services of 180 days after the date on which a new Presi- the threat analysis required under sub- the House of Representatives; dent is inaugurated, the President shall sub- section (b) in unclassified form. The Sec- (9) the Permanent Select Committee on In- mit an updated version of the strategy de- retary may submit a portion of the threat telligence of the House of Representatives; scribed in paragraph (1) to the appropriate analysis in classified form if the Secretary (10) the Committee on the Judiciary of the congressional committees. determines that such form is appropriate for House of Representatives; (3) CONTENTS.—The strategy required under that portion. (11) the Committee on Foreign Affairs of this subsection shall— the House of Representatives; and (A) include an accounting and description SA 4501. Ms. MURKOWSKI submitted (12) the Committee on Appropriations of of all Federal Government programs, an amendment intended to be proposed the House of Representatives. projects, and activities designed to constrain by her to the bill S. 2943, to authorize SEC. 6404. NORTHERN BORDER THREAT ANAL- domestic and international travel by terror- YSIS. appropriations for fiscal year 2017 for ists and foreign fighters; (a) DEFINITIONS.—In this section: military activities of the Department (B) identify specific security (1) APPROPRIATE CONGRESSIONAL COMMIT- of Defense, for military construction, vulnerabilities within the United States and TEES.—The term ‘‘appropriate congressional and for defense activities of the De- outside of the United States that may be ex- committees’’ means— partment of Energy, to prescribe mili- ploited by terrorists and foreign fighters; (A) the Committee on Homeland Security (C) delineate goals for— tary personnel strengths for such fiscal and Governmental Affairs of the Senate; year, and for other purposes; which was (i) closing the security vulnerabilities (B) the Committee on Appropriations of identified under subparagraph (B); and the Senate; ordered to lie on the table; as follows: (ii) enhancing the ability of the Federal (C) the Committee on the Judiciary of the At the end of subtitle I of title X, add the Government to constrain domestic and inter- Senate; following: national travel by terrorists and foreign (D) the Committee on Homeland Security SEC. 1097. EXTENSION OF AUTHORIZATION OF fighters; and of the House of Representatives; APPROPRIATIONS FOR GRANTS TO (D) describe the actions that will be taken (E) the Committee on Appropriations of VETERANS SERVICE ORGANIZA- TIONS FOR TRANSPORTATION OF to achieve the goals delineated under sub- the House of Representatives; and paragraph (C) and the means needed to carry HIGHLY RURAL VETERANS. (F) the Committee on the Judiciary of the Section 307(d) of the Caregivers and Vet- out such actions, including— House of Representatives. (i) steps to reform, improve, and stream- erans Omnibus Health Services Act of 2010 (2) NORTHERN BORDER.—The term ‘‘North- (Public Law 111–163; 124 Stat. 1154; 38 U.S.C. line existing Federal Government efforts to ern Border’’ means the land and maritime align with the current threat environment; 1710 note) is amended by striking ‘‘2016’’ and borders between the United States and Can- inserting ‘‘2017’’. (ii) new programs, projects, or activities ada. that are requested, under development, or (b) IN GENERAL.—Not later than 180 days SA 4502. Ms. MURKOWSKI (for her- undergoing implementation; after the date of enactment of this Act, the self, Mr. WHITEHOUSE, Mr. SULLIVAN, (iii) new authorities or changes in existing Secretary shall submit to the appropriate authorities needed from Congress; congressional committees a Northern Border Ms. KLOBUCHAR, Mr. FRANKEN, Ms. (iv) specific budget adjustments being re- threat analysis that includes— BALDWIN, and Mrs. BOXER) submitted quested to enhance United States security in (1) current and potential terrorism and an amendment intended to be proposed a risk-based manner; and criminal threats posed by individuals and or- by her to the bill S. 2943, to authorize (v) the Federal departments and agencies ganized groups seeking— appropriations for fiscal year 2017 for responsible for the specific actions described (A) to enter the United States through the military activities of the Department in this subparagraph. Northern Border; or of Defense, for military construction, (4) SUNSET.—The requirement to submit (B) to exploit border vulnerabilities on the and for defense activities of the De- updated national strategies under this sub- Northern Border; section shall terminate on the date that is 7 (2) improvements needed at and between partment of Energy, to prescribe mili- years after the date of enactment of this ports of entry along the Northern Border— tary personnel strengths for such fiscal Act. (A) to prevent terrorists and instruments year, and for other purposes; which was (c) DEVELOPMENT OF IMPLEMENTATION of terrorism from entering the United ordered to lie on the table; as follows: PLANS.—For each national strategy required States; and At the end of subtitle I of title X, add the under subsection (b), the President shall di- (B) to reduce criminal activity, as meas- following: rect the heads of relevant Federal agencies ured by the total flow of illegal goods, illicit SEC. 1097. ELIGIBILITY OF CERTAIN INDIVIDUALS to develop implementation plans for each drugs, and smuggled and trafficked persons FOR INTERMENT IN NATIONAL such agency. moved in either direction across the North- CEMETERIES. (d) IMPLEMENTATION PLANS.— ern Border; (a) IN GENERAL.—Section 2402(a) of title 38, (1) IN GENERAL.—The President shall sub- (3) gaps in law, policy, cooperation between United States Code, is amended by adding at mit an implementation plan developed under State, tribal, and local law enforcement, the end the following new paragraph: subsection (c) to the appropriate congres- international agreements, or tribal agree- ‘‘(10) Any individual— sional committees with each national strat- ments that hinder effective and efficient bor- ‘‘(A) who— egy required under subsection (b). Consistent der security, counter-terrorism, and anti- ‘‘(i) was naturalized pursuant to section with the protection of classified information, human smuggling and trafficking efforts, 2(1) of the Hmong Veterans’ Naturalization each such implementation plan shall be sub- and the flow of legitimate trade along the Act of 2000 (Public Law 106–207; 8 U.S.C. 1423 mitted in unclassified form, but may include Northern Border; and note); and a classified annex. (4) whether additional U.S. Customs and ‘‘(ii) at the time of the individual’s death (2) ANNUAL UPDATES.—The President shall Border Protection preclearance and resided in the United States; or submit an annual updated implementation preinspection operations at ports of entry ‘‘(B) who— plan to the appropriate congressional com- along the Northern Border could help pre- ‘‘(i) the Secretary determines served with a mittees during the 10-year period beginning vent terrorists and instruments of terror special guerrilla unit or irregular forces op- on the date of enactment of this Act. from entering the United States. erating from a base in Laos in support of the

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.040 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3581 Armed Forces of the United States at any (b) CORRECTION OF CAPABILITIES SHORT- military activities of the Department time during the period beginning February FALLS.— of Defense, for military construction, 28, 1961, and ending May 7, 1975; and (1) IN GENERAL.—Not later than 45 days and for defense activities of the De- ‘‘(ii) at the time of the individual’s death— after the date of the enactment of this Act, partment of Energy, to prescribe mili- ‘‘(I) was a citizen of the United States or the Secretary of Defense shall— an alien lawfully admitted for permanent (A) take action to mitigate any capabili- tary personnel strengths for such fiscal residence in the United States; and ties shortfalls identified in the report re- year, and for other purposes; which was ‘‘(II) resided in the United States.’’. quired by subsection (a); ordered to lie on the table; as follows: (b) EFFECTIVE DATE.—The amendment (B) begin a process, pursuant to section At the end of title X, insert the following: made by subsection (a) shall apply with re- 2304 of title 10, United States Code, to pro- Subtitle J—SAVE Benefits Act spect to an individual dying on or after the cure UH–1N replacement aircraft for which date of the enactment of this Act. SEC. 1097. ONE-TIME SUPPLEMENTARY PAYMENT contracts can be entered into by fiscal year TO SOCIAL SECURITY BENE- 2018; and SA 4503. Mr. COTTON submitted an FICIARIES AND VETERANS. (C) obtain a certification from the Com- (a) ONE-TIME SUPPLEMENTARY PAYMENT TO amendment intended to be proposed by mander of the United States Strategic Com- SOCIAL SECURITY BENEFICIARIES AND VET- him to the bill S. 2943, to authorize ap- mand that the action described in subpara- ERANS.— propriations for fiscal year 2017 for graph (A) will effectively mitigate any capa- (1) ELIGIBILITY.— military activities of the Department bilities shortfalls identified in the report re- (A) IN GENERAL.—Subject to paragraph of Defense, for military construction, quired by subsection (a) until the helicopters (4)(C), the Secretary of the Treasury shall and for defense activities of the De- described in subparagraph (B) can be pro- disburse a payment equal to the amount de- partment of Energy, to prescribe mili- cured and fielded. scribed in subsection (e) to each individual (2) REPORT REQUIRED.— who, for any month during the 3-month pe- tary personnel strengths for such fiscal (A) IN GENERAL.—Not later than 60 days year, and for other purposes; which was riod ending with the month which ends prior after the date of the enactment of this Act, to the month that includes the date of the ordered to lie on the table; as follows: the Secretary of Defense shall submit to the enactment of this Act, is entitled to a ben- At the end of subtitle F of title XII, add congressional defense committees a report efit payment described in clause (i), (ii), or the following: on the actions taken pursuant to paragraph (iii) of subparagraph (B), or is eligible for a SEC. 1247. PROHIBITION ON REQUIRING UNITED (1). SSI cash benefit described in subparagraph STATES AIR CARRIERS TO COMPLY (B) FORM OF REPORT.—The report required (C). WITH AIR DEFENSE IDENTIFICATION by subparagraph (A) shall be submitted in (B) BENEFIT PAYMENT DESCRIBED.—For pur- ZONES DECLARED BY THE PEOPLE’S unclassified form, but may include a classi- poses of subparagraph (A): REPUBLIC OF CHINA. fied annex. The Administrator of the Federal Aviation (i) TITLE II BENEFIT.—A benefit payment described in this clause is a monthly insur- Administration may not require, or provide SA 4505. Mr. DONNELLY (for him- instruction or guidance to, an air carrier ance benefit payable (without regard to sec- that holds an air carrier certificate issued self, Mr. INHOFE, Mr. KAINE, Mr. HATCH, tions 202(j)(1) and 223(b) of the Social Secu- under chapter 411 of title 49, United States and Mr. ROUNDS) submitted an amend- rity Act (42 U.S.C. 402(j)(1), 423(b))) under— Code, to comply with any air defense identi- ment intended to be proposed by him (I) section 202(a) of such Act (42 U.S.C. fication zone declared by the People’s Repub- to the bill S. 2943, to authorize appro- 402(a)); lic of China that is inconsistent with United priations for fiscal year 2017 for mili- (II) section 202(b) of such Act (42 U.S.C. States policy, overlaps with preexisting air tary activities of the Department of 402(b)); identification zones, covers disputed terri- (III) section 202(c) of such Act (42 U.S.C. Defense, for military construction, and 402(c)); tory, or covers a specific geographic area for defense activities of the Depart- over the East China Sea or South China Sea. (IV) section 202(d)(1)(B)(ii) of such Act (42 ment of Energy, to prescribe military U.S.C. 402(d)(1)(B)(ii)); SA 4504. Mr. HOEVEN (for himself personnel strengths for such fiscal (V) section 202(e) of such Act (42 U.S.C. and Mr. TESTER) submitted an amend- year, and for other purposes; which was 402(e)); ment intended to be proposed by him ordered to lie on the table; as follows: (VI) section 202(f) of such Act (42 U.S.C. to the bill S. 2943, to authorize appro- At the end of subtitle E of title VI, add the 402(f)); following: (VII) section 202(g) of such Act (42 U.S.C. priations for fiscal year 2017 for mili- 402(g)); SEC. 663. REPORT ON MODIFICATION OF BASIC tary activities of the Department of (VIII) section 202(h) of such Act (42 U.S.C. Defense, for military construction, and ALLOWANCE FOR SUBSISTENCE IN LIGHT OF AUTHORITY FOR VARI- 402(h)); for defense activities of the Depart- ABLE PRICING OF GOODS AT COM- (IX) section 223(a) of such Act (42 U.S.C. ment of Energy, to prescribe military MISSARY STORES. 423(a)); personnel strengths for such fiscal Not later than March 31, 2017, the Sec- (X) section 227 of such Act (42 U.S.C. 427); year, and for other purposes; which was retary of Defense shall submit to the Com- or ordered to lie on the table; as follows: mittees on Armed Services of the Senate and (XI) section 228 of such Act (42 U.S.C. 428). the House of Representatives a report on the (ii) RAILROAD RETIREMENT BENEFIT.—A ben- At the end of subtitle D of title XVI, add feasibility and advisability of modifying the efit payment described in this clause is a the following: amounts payable for basic allowance for sub- monthly annuity or pension payment pay- SEC. 1655. IDENTIFICATION AND CORRECTION OF sistence (BAS) for members of the Armed able (without regard to section 5(a)(ii) of the CAPABILITIES SHORTFALLS WITH RESPECT TO ENSURING THE SECU- Forces in light of potential changes in prices Railroad Retirement Act of 1974 (45 U.S.C. RITY OF UNITED STATES INTER- of goods and services at commissary stores 231d(a)(ii))) under— CONTINENTAL BALLISTIC MISSILE pursuant to the authority granted by the (I) section 2(a)(1) of such Act (45 U.S.C. SITES. amendments made by section 661. The report 231a(a)(1)); (a) IDENTIFICATION OF CAPABILITIES SHORT- shall include the following: (II) section 2(c) of such Act (45 U.S.C. FALLS.—Not later than 15 days after the date (1) An assessment of the potential for in- 231a(c)); of the enactment of this Act, the Com- creases in prices of goods and services at (III) section 2(d)(1)(i) of such Act (45 U.S.C. mander of the United States Strategic Com- commissary stores by reason of such author- 231a(d)(1)(i)); mand shall submit to the congressional de- ity, set forth by locality. (IV) section 2(d)(1)(ii) of such Act (45 U.S.C. fense committees a classified report that in- (2) An assessment of the feasibility and ad- 231a(d)(1)(ii)); cludes the following: visability of modifications in the amounts (V) section 2(d)(1)(iii)(C) of such Act to an (1) A description of extant and potential payable for basic allowance for subsistence adult disabled child (45 U.S.C. threats to the security of United States in light of such potential increases in prices, 231a(d)(1)(iii)(C)); intercontinental ballistic missile sites. including paying basic allowance for subsist- (VI) section 2(d)(1)(iv) of such Act (45 (2) A list of requirements for capabilities ence at different rates in different locations. U.S.C. 231a(d)(1)(iv)); to ensure the security of all United States (VII) section 2(d)(1)(v) of such Act (45 intercontinental ballistic missile sites. SA 4506. Ms. WARREN (for herself, U.S.C. 231a(d)(1)(v)); or (3) A description of capabilities shortfalls Mr. WHITEHOUSE, Mr. MARKEY, Ms. (VIII) section 7(b)(2) of such Act (45 U.S.C. within the forces assigned, allocated, or oth- BALDWIN, Mr. MURPHY, Mr. LEAHY, Mrs. 231f(b)(2)) with respect to any of the benefit erwise provided to the United States Stra- MURRAY, Mr. MERKLEY, Mr. CASEY, Ms. payments described in clause (i) of this sub- tegic Command as of the date of the report paragraph. CANTWELL, Mr. SANDERS, Ms. STABE- to ensure the security of all United States (iii) VETERANS BENEFIT.—A benefit pay- intercontinental ballistic missile sites. NOW, and Ms. HIRONO) submitted an ment described in this clause is a compensa- (4) An assessment of the severity of risk amendment intended to be proposed by tion or pension payment payable under— associated with any shortfalls identified her to the bill S. 2943, to authorize ap- (I) section 1110, 1117, 1121, 1131, 1141, or 1151 under paragraph (3). propriations for fiscal year 2017 for of title 38, United States Code;

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.044 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3582 CONGRESSIONAL RECORD — SENATE June 7, 2016 (II) section 1310, 1312, 1313, 1315, 1316, or 1318 (I) information on eligibility for such pay- the Social Security Act (42 U.S.C. 1320a– of title 38, United States Code; ments; 8(a)(3)) shall apply to any payment made on (III) section 1513, 1521, 1533, 1536, 1537, 1541, (II) information on the timeframe in which the basis of an entitlement to a benefit spec- 1542, or 1562 of title 38, United States Code; such payments will be distributed; and ified in paragraph (1)(B)(i) or (1)(C) of sub- or (III) other relevant information. section (a) in the same manner as such sec- (IV) section 1805, 1815, or 1821 of title 38, (C) DEADLINE.—No payments shall be dis- tion applies to a payment under title II or United States Code, bursed under this section after September 30, XVI of such Act. to a veteran, surviving spouse, child, or par- 2017, regardless of any determinations of en- (B) PAYMENT ON THE BASIS OF A RAILROAD ent as described in paragraph (2), (3), titlement to, or eligibility for, such pay- RETIREMENT BENEFIT.—Section 13 of the Rail- (4)(A)(ii), or (5) of section 101, title 38, United ments made after such date. road Retirement Act (45 U.S.C. 231l) shall States Code, who received that benefit dur- (b) IDENTIFICATION OF RECIPIENTS.—The apply to any payment made on the basis of ing any month within the 3-month period Commissioner of Social Security, the Rail- an entitlement to a benefit specified in para- ending with the month which ends prior to road Retirement Board, and the Secretary of graph (1)(B)(ii) of subsection (a) in the same the month that includes the date of the en- Veterans Affairs shall certify the individuals manner as such section applies to a payment actment of this Act. entitled to receive payments under this sec- under such Act. tion and provide the Secretary of the Treas- (C) SSI CASH BENEFIT DESCRIBED.—A SSI (C) PAYMENT ON THE BASIS OF A VETERANS ury with the information needed to disburse cash benefit described in this subparagraph BENEFIT.—Sections 5502, 6106, and 6108 of title is a cash benefit payable under section 1611 such payments. A certification of an indi- 38, United States Code, shall apply to any (other than under subsection (e)(1)(B) of such vidual shall be unaffected by any subsequent payment made on the basis of an entitlement determination or redetermination of the in- section) or 1619(a) of the Social Security Act to a benefit specified in paragraph (1)(B)(iii) dividual’s entitlement to, or eligibility for, a (42 U.S.C. 1382, 1382h). of subsection (a) in the same manner as benefit specified in subparagraph (B) or (C) (2) NO DOUBLE PAYMENTS.—An individual those sections apply to a payment under of subsection (a)(1). shall be paid only 1 payment under this sec- that title. (c) TREATMENT OF PAYMENTS.— tion, regardless of whether the individual is (e) PAYMENT AMOUNT.—The amount de- (1) PAYMENT TO BE DISREGARDED FOR PUR- entitled to, or eligible for, more than 1 ben- scribed in this subsection is the amount that POSES OF ALL FEDERAL AND FEDERALLY AS- efit payment described in paragraph (1). is equal to 3.9 percent of the average amount SISTED PROGRAMS.—A payment under sub- (3) LIMITATION.—A payment under this sec- of annual benefits received by an individual section (a) shall not be regarded as income tion shall not be made— entitled to benefits under title II of the So- and shall not be regarded as a resource for (A) in the case of an individual entitled to cial Security Act (42 U.S.C. 401 et seq.) in the month of receipt and the following 9 a benefit specified in paragraph (1)(B)(i) or calendar year 2015, as determined by the months, for purposes of determining the eli- paragraph (1)(B)(ii)(VIII) if, for the most re- Commissioner of Social Security, rounded to gibility of the recipient (or the recipient’s cent month of such individual’s entitlement the next lowest multiple of $1. spouse or family) for benefits or assistance, in the 3-month period described in paragraph (f) APPROPRIATION.—Out of any sums in the or the amount or extent of benefits or assist- (1), such individual’s benefit under such Treasury of the United States not otherwise ance, under any Federal program or under paragraph was not payable by reason of sub- appropriated, the following sums are appro- section (x) or (y) of section 202 the Social Se- any State or local program financed in whole priated for the period of fiscal years 2016 curity Act (42 U.S.C. 402) or section 1129A of or in part with Federal funds. through 2017, to remain available until ex- such Act (42 U.S.C. 1320a–8a); (2) PAYMENT NOT CONSIDERED INCOME FOR pended, to carry out this section: (B) in the case of an individual entitled to PURPOSES OF TAXATION.—A payment under (1) For the Secretary of the Treasury, such a benefit specified in paragraph (1)(B)(iii) if, subsection (a) shall not be considered as sums as may be necessary for administrative for the most recent month of such individ- gross income for purposes of the Internal costs incurred in carrying out this section. ual’s entitlement in the 3-month period de- Revenue Code of 1986. (2) For the Commissioner of Social Secu- scribed in paragraph (1), such individual’s (3) PAYMENTS PROTECTED FROM ASSIGN- rity— benefit under such paragraph was not pay- MENT.—The provisions of section 207 of the (A) such sums as may be necessary for pay- able, or was reduced, by reason of section Social Security Act (42 U.S.C. 407) and sec- ments to individuals certified by the Com- 1505, 5313, or 5313B of title 38, United States tion 14(a) of the Railroad Retirement Act of missioner of Social Security as entitled to Code; 1974 (45 U.S.C. 231m(a)) shall apply to any receive a payment under this section; and (C) in the case of an individual entitled to payment made under subsection (a) as if (B) such sums as may be necessary to the a benefit specified in paragraph (1)(C) if, for such payment was a benefit payment to such Social Security Administration’s Limitation such most recent month, such individual’s individual under the applicable program de- on Administrative Expenses for costs in- benefit under such paragraph was not pay- scribed in subsection (a)(1)(B). curred in carrying out this section. able by reason of subsection (e)(1)(A) or (e)(4) (4) TREATMENT UNDER SOCIAL SECURITY (3) For the Railroad Retirement Board— of section 1611 (42 U.S.C. 1382) or section ACT.— (A) such sums as may be necessary for pay- 1129A of such Act (42 U.S.C. 1320a–8); (A) NO EFFECT ON FAMILY MAXIMUM.—For ments to individuals certified by the Rail- (D) in the case of an individual who has purposes of section 203(a) of the Social Secu- road Retirement Board as entitled to receive been penalized under section 1129(a) of the rity Act (42 U.S.C. 403(a)), a payment under a payment under this section; and Social Security Act (42 U.S.C. 1320–8(a)); or subsection (a) shall be disregarded in deter- (B) such sums as may be necessary to the (E) in the case of any individual whose mining reductions in benefits under such sec- Railroad Retirement Board’s Limitation on date of death occurs before the date on which tion. Administration for administrative costs in- the individual is certified under subsection (B) PAYMENT NOT A GENERAL BENEFIT IN- curred in carrying out this section. (b) to receive a payment under this section. CREASE.—For purposes of section 215(i) of the (4)(A) For the Secretary of Veterans Af- (4) TIMING AND MANNER OF PAYMENTS.— Social Security Act (42 U.S.C. 415(i)), a pay- fairs— (A) IN GENERAL.—The Secretary of the ment under subsection (a) shall not be re- (i) such sums as may be necessary for the Treasury shall commence disbursing pay- garded as a general benefit increase. Compensation and Pensions account, for ments under this section at the earliest prac- (5) PAYMENTS SUBJECT TO RECLAMATION.— payments to individuals certified by the Sec- ticable date but in no event later than 120 Any payment made under this section shall, retary of Veterans Affairs as entitled to re- days after the date of enactment of this Act. in the case of a payment by direct deposit ceive a payment under this section; and The Secretary of the Treasury may disburse which is made after the date of the enact- (ii) such sums as may be necessary for the any payment electronically to an individual ment of this Act, be subject to the reclama- Information Systems Technology account in such manner as if such payment was a tion provisions under subpart B of part 210 of and the General Operating Expenses account benefit payment to such individual under the title 31, Code of Federal Regulations (relat- for administrative costs incurred in carrying applicable program described in subpara- ing to reclamation of benefit payments). out this section. graph (B) or (C) of paragraph (1). (d) PAYMENT TO REPRESENTATIVE PAYEES (B) The Department of Veterans Affairs (B) NOTICE.— AND FIDUCIARIES.— Compensation and Pensions account shall (i) IN GENERAL.—The Secretary of the (1) IN GENERAL.—In any case in which an hereinafter be available for payments au- Treasury shall provide written notice, sent individual who is entitled to a payment thorized under subsection (a)(1)(A) to indi- by mail to each individual receiving a pay- under subsection (a) and whose benefit pay- viduals entitled to a benefit payment de- ment under this section, explaining that the ment or cash benefit described in paragraph scribed in subsection (a)(1)(B)(iii). payment represents a one-time benefit in- (1) of that subsection is paid to a representa- SEC. 1098. SPECIAL CREDIT FOR CERTAIN GOV- crease to the benefit payment described in tive payee or fiduciary, the payment under ERNMENT RETIREES. paragraph (1) to which the individual is enti- subsection (a) shall be made to the individ- (a) IN GENERAL.—In the case of an eligible tled. ual’s representative payee or fiduciary and individual, there shall be allowed as a credit (ii) PUBLIC NOTICE.—The Secretary of the the entire payment shall be used only for the against the tax imposed by subtitle A of the Treasury, in consultation with the Commis- benefit of the individual who is entitled to Internal Revenue Code of 1986 for the first sioner of Social Security and the Secretary the payment. taxable year beginning in 2016 an amount of Veterans Affairs, shall publish on a public (2) APPLICABILITY.— equal to $581 ($1,162 in the case of a joint re- website information about the payments au- (A) PAYMENT ON THE BASIS OF A TITLE II turn where both spouses are eligible individ- thorized under this subsection, including— BENEFIT OR SSI BENEFIT.—Section 1129(a)(3) of uals).

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(b) ELIGIBLE INDIVIDUAL.— (B) Section 162(m)(6) of such Code is Funds (as defined in subsection (c) of section (1) IN GENERAL.—For purposes of this sec- amended— 201 of the Social Security Act (42 U.S.C. 401)), tion, the term ‘‘eligible individual’’ means (i) by striking ‘‘subparagraphs (B), (C), and with— any individual— (D) thereof’’ in subparagraph (D) and insert- (1) 50 percent of such amount to be depos- (A) who receives during the first taxable ing ‘‘subparagraph (B) thereof’’, and ited in the Federal Old-Age and Survivors In- year beginning in 2016 any amount as a pen- (ii) by striking ‘‘subparagraphs (F) and surance Trust Fund (as defined in subsection sion or annuity for service performed in the (G)’’ in subparagraph (G) and inserting ‘‘sub- (a) of such section); and employ of the United States or any State, or paragraphs (D) and (E)’’. (2) 50 percent of such amount to be depos- any instrumentality thereof, which is not (b) EXPANSION OF APPLICABLE EMPLOYER.— ited in the Federal Disability Insurance considered employment for purposes of sec- Paragraph (2) of section 162(m) of the Inter- Trust Fund (as defined in subsection (b) of tions 3101(a) and 3111(a) of the Internal Rev- nal Revenue Code of 1986 is amended to read such section). enue Code of 1986, and as follows: (g) EFFECTIVE DATE.—The amendments (B) who does not receive a payment under ‘‘(2) PUBLICLY HELD CORPORATION.—For pur- made by this section shall apply to taxable section 1097 during such taxable year. poses of this subsection, the term ‘publicly years beginning after December 31, 2016. (2) IDENTIFICATION NUMBER REQUIREMENT.— held corporation’ means any corporation (A) IN GENERAL.—The term ‘‘eligible indi- which is an issuer (as defined in section 3 of SA 4507. Mr. HATCH submitted an vidual’’ shall not include any individual who the Securities Exchange Act of 1934 (15 amendment intended to be proposed by does not include on the return of tax for the U.S.C. 78c))— him to the bill S. 2943, to authorize ap- taxable year— ‘‘(A) the securities of which are registered propriations for fiscal year 2017 for under section 12 of such Act (15 U.S.C. 78l), or (i) such individual’s social security ac- military activities of the Department count number, and ‘‘(B) that is required to file reports under (ii) in the case of a joint return, the social section 15(d) of such Act (15 U.S.C. 78o(d)).’’. of Defense, for military construction, security account number of one of the tax- (c) APPLICATION TO ALL CURRENT AND and for defense activities of the De- payers on such return. FORMER OFFICERS, DIRECTORS, AND EMPLOY- partment of Energy, to prescribe mili- (B) EXCLUSION OF TIN.—For purposes of sub- EES.— tary personnel strengths for such fiscal paragraph (A), the social security account (1) IN GENERAL.—Section 162(m) of the In- year, and for other purposes; which was number shall not include a TIN (as defined in ternal Revenue Code of 1986, as amended by ordered to lie on the table; as follows: section 7701(a)(41) of the Internal Revenue subsection (a), is amended— (A) by striking ‘‘covered employee’’ each At the end of subtitle C of title VII, add Code of 1986) issued by the Internal Revenue the following: Service. Any omission of a correct social se- place it appears in paragraphs (1) and (4) and curity account number required under this inserting ‘‘covered individual’’, and SEC. 764. REPORT ON HEARING LOSS, TINNITUS, AND NOISE POLLUTION DUE TO paragraph shall be treated as a mathe- (B) by striking ‘‘such employee’’ each place it appears in subparagraphs (A) and (E) SMALL ARMS FIRE. matical or clerical error for purposes of ap- (a) SENSE OF CONGRESS.—It is the sense of plying section 6213(g)(2) of such Code to such of paragraph (4) and inserting ‘‘such indi- vidual’’. Congress that hearing loss, tinnitus, and omission. noise pollution due to small arms fire has a (c) TREATMENT OF CREDIT.— (2) COVERED INDIVIDUAL.—Paragraph (3) of detrimental impact on the readiness and (1) REFUNDABLE CREDIT.— section 162(m) of such Code is amended to budget of the Department of Defense. (A) IN GENERAL.—The credit allowed by read as follows: (b) REPORT.— subsection (a) shall be treated as allowed by ‘‘(3) COVERED INDIVIDUAL.—For purposes of (1) IN GENERAL.—Not later than 180 days this subsection, the term ‘covered individual’ subpart C of part IV of subchapter A of chap- after the date of the enactment of this Act, means any individual who is an officer, di- ter 1 of the Internal Revenue Code of 1986. the Secretary of Defense shall submit to the rector, or employee of the taxpayer or a (B) APPROPRIATIONS.—For purposes of sec- Committees on Armed Services of the Senate former officer, director, or employee of the tion 1324(b)(2) of title 31, United States Code, and the House of Representatives (and the taxpayer.’’. the credit allowed by subsection (a) shall be Committee on Appropriations of the Senate (3) CONFORMING AMENDMENTS.— treated in the same manner as a refund from and the Committee on Appropriations of the (A) Section 48D(b)(3)(A) of such Code is the credit allowed under section 36A of the House of Representatives upon the request of amended by inserting ‘‘(as in effect for tax- Internal Revenue Code of 1986. either committee) and the President pro able years beginning before January 1, 2017)’’ (2) DEFICIENCY RULES.—For purposes of ap- tempore of the Senate, a report on hearing after ‘‘section 162(m)(3)’’. plying section 6211(b)(4)(A) of the Internal loss, tinnitus, and noise pollution due to (B) Section 409A(b)(3)(D)(ii) of such Code is Revenue Code of 1986, the credit allowable by small arms fire. subsection (a) shall be treated in the same amended by inserting ‘‘(as in effect for tax- (2) ELEMENTS.—The report required by able years beginning before January 1, 2017)’’ manner as the credits listed in subparagraph paragraph (1) shall include the following: after ‘‘section 162(m)(3)’’. (A) of section 6211(b)(4). (A) A verification and validation of the re- (d) REFUNDS DISREGARDED IN THE ADMINIS- (d) SPECIAL RULE FOR REMUNERATION PAID sults included in published findings on hear- TRATION OF FEDERAL PROGRAMS AND FEDER- TO BENEFICIARIES, ETC.—Paragraph (4) of sec- ing loss and tinnitus due to small arms fire ALLY ASSISTED PROGRAMS.—Any credit or re- tion 162(m), as amended by subsection (a), is fund allowed or made to any individual by amended by adding at the end the following (including the ‘‘Clinical Study Design of reason of this section shall not be taken into new subparagraph: Noise-Induced Hearing Loss in Marine Re- ´ account as income and shall not be taken ‘‘(F) SPECIAL RULE FOR REMUNERATION PAID cruits’’ published by E.A. Williams (nee into account as resources for the month of TO BENEFICIARIES, ETC.—Remuneration shall Edelstein)). receipt and the following 2 months, for pur- not fail to be applicable employee remunera- (B) A description of the impact on the De- poses of determining the eligibility of such tion merely because it is includible in the in- partment of Defense of noise pollution and individual or any other individual for bene- come of, or paid to, a person other than the noise ordinance requirements, as set forth fits or assistance, or the amount or extent of covered individual, including after the death under title IV of the Clean Air Act (relating benefits or assistance, under any Federal of the covered individual.’’. to noise pollution) (42 U.S.C. 7641 et seq.), for program or under any State or local program (e) REGULATORY AUTHORITY.— small arms fire (including the impact on financed in whole or in part with Federal (1) IN GENERAL.—Section 162(m) of the In- training ranges, training schedules, oper- funds. ternal Revenue Code of 1986 is amended by ational readiness, and mission parameters). SEC. 1099. MODIFICATION OF LIMITATION ON EX- adding at the end the following new para- (C) Data on the severity and rates of noise- CESSIVE REMUNERATION. graph: induced hearing loss and tinnitus experi- (a) REPEAL OF PERFORMANCE-BASED COM- ‘‘(7) REGULATIONS.—The Secretary may enced by personnel of the Department due to PENSATION AND COMMISSION EXCEPTIONS FOR prescribe such guidance, rules, or regula- small arms fire in training and operational LIMITATION ON EXCESSIVE REMUNERATION.— tions, including with respect to reporting, as environments, including costs currently in- (1) IN GENERAL.—Paragraph (4) of section are necessary to carry out the purposes of curred by the health care systems of the De- 162(m) of the Internal Revenue Code of 1986 is this subsection.’’. partment of Defense and the Department of amended by striking subparagraphs (B) and (2) CONFORMING AMENDMENT.—Paragraph Veterans Affairs to treat noise-induced hear- (C) and by redesignating subparagraphs (D) (6) of section 162(m) of such Code is amended ing loss and tinnitus. through (G) as subparagraphs (B) through by striking subparagraph (H). (D) A description of alternative methods (E), respectively. (f) TRANSFER TO SOCIAL SECURITY TRUST and strategies currently being employed by (2) CONFORMING AMENDMENTS.— FUNDS.—For purposes of the amount of any the Department of Defense, as well as alter- (A) Section 162(m)(5) of such Code is increase in revenue to the Treasury by rea- native methods, technologies, and tech- amended— son of the amendments made by this section, niques being considered, for the mitigation (i) by striking ‘‘subparagraphs (B), (C), and any such amount that is in excess of the of hearing loss, tinnitus, and noise pollution (D) thereof’’ in subparagraph (E) and insert- total amount appropriated under section due to small arms fire. ing ‘‘subparagraph (B) thereof’’, and 1097(f) of this Act shall be, at such times and (E) A description of current mitigation (ii) by striking ‘‘subparagraphs (F) and in such manner as determined appropriate by strategies available to reduce hearing loss, (G)’’ in subparagraph (G) and inserting ‘‘sub- the Secretary of the Treasury (or the Sec- tinnitus, and noise pollution as a whole and paragraphs (D) and (E)’’. retary’s delegate), deposited in the Trust not as separate issues.

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Mr. BROWN (for himself and him to the bill S. 2943, to authorize ap- section (a), is further amended by inserting Ms. WARREN) submitted an amendment propriations for fiscal year 2017 for ‘‘2332i,’’ after ‘‘2332f,’’. intended to be proposed by him to the military activities of the Department (d) WIRETAP AUTHORIZATION PREDICATES.— bill S. 2943, to authorize appropriations of Defense, for military construction, (1) MARITIME OFFENSES.—Section 2516(1) of title 18, United States Code, is amended— for fiscal year 2017 for military activi- and for defense activities of the De- (A) in paragraph (p), by striking ‘‘or’’ at ties of the Department of Defense, for partment of Energy, to prescribe mili- the end; and military construction, and for defense tary personnel strengths for such fiscal (B) in paragraph (q), by inserting ‘‘, section activities of the Department of Energy, year, and for other purposes; which was 2280, 2280a, 2281, or 2281a (relating to mari- to prescribe military personnel ordered to lie on the table; as follows: time safety),’’ after ‘‘weapons)’’. strengths for such fiscal year, and for At the end of subtitle H of title VIII, add (2) ACTS OF NUCLEAR TERRORISM.—Section other purposes; which was ordered to the following: 2516(1)(q) of such title, as amended by sub- section (a)(2), is further amended by insert- lie on the table; as follows: SEC. 399C. MANAGEMENT OF CERTAIN LITIGA- ing ‘‘, 2332i,’’ after ‘‘2332h’’. At the end of subtitle I of title X, add the TION ON BEHALF OF INDEMNIFIED PRIVATE CONTRACTORS. following: (a) IN GENERAL.—In cases where litigation SA 4512. Mr. KIRK submitted an SEC. 1097. MAXIMUM RATE OF INTEREST ON between an indemnified Department of De- amendment intended to be proposed by DEBTS INCURRED BEFORE MILI- TARY SERVICE. fense contractor and a member of the Armed him to the bill S. 2943, to authorize ap- Section 207 of the Servicemembers Civil Forces exceeds a period of two years without propriations for fiscal year 2017 for Relief Act (50 U.S.C. 3937) is amended— final judgement or settlement, and where the military activities of the Department (1) in subsection (a)(1)(A), by inserting Department has a contractual right to take of Defense, for military construction, ‘‘student loan,’’ after ‘‘nature of a mort- charge of the litigation on behalf of the con- and for defense activities of the De- gage’’; and tractor, the Department shall exercise that right. In doing so, the Department shall en- partment of Energy, to prescribe mili- (2) in subsection (d), by adding at the end tary personnel strengths for such fiscal the following: sure the fiscal burden on taxpayers is mini- year, and for other purposes; which was ‘‘(3) STUDENT LOAN.—The term ‘student mized by avoiding lengthy and expensive loan’ means— litigation, while simultaneously resolving ordered to lie on the table; as follows: ‘‘(A) a Federal student loan made, insured, the claim in a way that meets the Depart- At the end of subtitle I of title X, add the or guaranteed under title IV of the Higher ment’s obligations to members of the Armed following: Education Act of 1965 (20 U.S.C. 1070 et seq.); Forces and their families in a fair and timely SEC. 1097. IMPROVING MEDICAL REHABILITA- ‘‘(B) a student loan made pursuant to title manner. TION RESEARCH AT THE NATIONAL VII or VIII of the Public Health Service Act (b) INDEMNIFIED DEPARTMENT OF DEFENSE INSTITUTES OF HEALTH. (42 U.S.C. 292 et seq. and 296 et seq.); or CONTRACTOR DEFINED.—In this section, the (a) IN GENERAL.—Section 452 of the Public ‘‘(C) a private education loan, as defined in term ‘‘indemnified Department of Defense Health Service Act (42 U.S.C. 285g–4) is section 140(a) of the Truth in Lending Act (15 contractor’’ means a contractor that has amended— U.S.C. 1650(a)).’’. been indemnified by the Department of De- (1) in subsection (b), by striking ‘‘conduct fense against civil judgments or liability for and support’’ and inserting ‘‘conduct, sup- SA 4509. Mr. NELSON (for himself, injuries, sickness, or death of members of port, and coordination’’; Mr. GARDNER, Mr. BENNET, Mr. SHELBY, the Armed Forces related to their work with (2) in subsection (c)(1)(C), by striking ‘‘of the contractor. and Mr. DURBIN) submitted an amend- the Center’’ and inserting ‘‘within the Cen- ter’’; ment intended to be proposed by him SA 4511. Mr. GRASSLEY (for himself to the bill S. 2943, to authorize appro- (3) in subsection (d)— and Mr. WHITEHOUSE) submitted an (A) by striking paragraph (1) and inserting priations for fiscal year 2017 for mili- amendment intended to be proposed by the following: ‘‘(1) The Director of the Cen- tary activities of the Department of him to the bill S. 2943, to authorize ap- ter, in consultation with the Director of the Defense, for military construction, and propriations for fiscal year 2017 for Institute, the coordinating committee estab- for defense activities of the Depart- military activities of the Department lished under subsection (e), and the advisory ment of Energy, to prescribe military of Defense, for military construction, board established under subsection (f), shall personnel strengths for such fiscal develop a comprehensive plan (referred to in and for defense activities of the De- this section as the ‘Research Plan’) for the year, and for other purposes; which was partment of Energy, to prescribe mili- ordered to lie on the table; as follows: conduct, support, and coordination of med- tary personnel strengths for such fiscal ical rehabilitation research.’’; Strike sections 1036 and 1037 and insert the year, and for other purposes; which was (B) in paragraph (2)— following: ordered to lie on the table; as follows: (i) in subparagraph (A), by striking ‘‘; and’’ SEC. 1036. COMPETITIVE PROCUREMENT AND At the end of subtitle I of title X, add the and inserting a semicolon; PHASE OUT OF ROCKET ENGINES (ii) in subparagraph (B), by striking the pe- FROM THE RUSSIAN FEDERATION IN following: riod and inserting ‘‘; and’’; and THE EVOLVED EXPENDABLE SEC. 1097. ENHANCED PENALTIES AND OTHER LAUNCH VEHICLE PROGRAM FOR TOOLS RELATED TO MARITIME OF- (iii) by adding at the end the following: SPACE LAUNCH OF NATIONAL SECU- FENSES AND ACTS OF NUCLEAR ‘‘(C) include goals and objectives for con- RITY SATELLITES. TERRORISM. ducting, supporting, and coordinating med- (a) IN GENERAL.—Any competition for a (a) PENALTIES FOR MARITIME OFFENSES.— ical rehabilitation research, consistent with contract for the provision of launch services (1) PENALTIES FOR VIOLENCE AGAINST MARI- the purpose described in subsection (b).’’; for the evolved expendable launch vehicle TIME NAVIGATION.—Section 2280a(a)(1) of title (C) by striking paragraph (4) and inserting program shall be open for award to all cer- 18, United States Code, is amended, in the the following: tified providers of evolved expendable launch undesignated matter following subparagraph ‘‘(4) The Director of the Center, in con- vehicle-class systems. (E), by inserting ‘‘punished by death or’’ be- sultation with the Director of the Institute, (b) AWARD OF CONTRACTS.—In awarding a fore ‘‘imprisoned for any term’’. the coordinating committee established contract under subsection (a), the Secretary (2) PENALTIES FOR OFFENSES AGAINST MARI- under subsection (e), and the advisory board of Defense— TIME FIXED PLATFORMS.—Section 2281a(a)(1) established under subsection (f), shall revise (1) subject to paragraph (2), shall award the of such title is amended, in the undesignated and update the Research Plan periodically, contract to the provider of launch services matter following subparagraph (C), by in- as appropriate, or not less than every 5 that offers the best value to the Federal Gov- serting ‘‘punished by death or’’ before ‘‘im- years. Not later than 30 days after the Re- ernment; and prisoned for any term’’. search Plan is so revised and updated, the (2) notwithstanding any other provision of (b) PENALTIES FOR ACTS OF NUCLEAR TER- Director of the Center shall transmit the re- law, may, during the period beginning on the RORISM.—Section 2332i(c) of title 18, United vised and updated Research Plan to the date of the enactment of this Act and ending States Code, is amended to read as follows: President, the Committee on Health, Edu- on December 31, 2022, award the contract to ‘‘(c) PENALTIES.—Any person who violates cation, Labor, and Pensions of the Senate, a provider of launch services that intends to this section shall be punished as provided and the Committee on Energy and Commerce use any certified launch vehicle in its inven- under section 2332a(a).’’. of the House of Representatives.’’; and tory without regard to the country of origin (c) PROVIDING MATERIAL SUPPORT TO TER- (D) by adding at the end the following: of the rocket engine that will be used on RORISTS PREDICATES.— ‘‘(5) The Director of the Center, in con- that launch vehicle, in order to ensure ro- (1) MARITIME OFFENSES.—Section 2339A(a) sultation with the Director of the Institute, bust competition and continued assured ac- of title 18, United States Code, is amended— shall, prior to revising and updating the Re- cess to space. (A) by inserting ‘‘2280a,’’ after ‘‘2280,’’; and search Plan, prepare a report for the coordi- (B) by inserting ‘‘2281a,’’ after ‘‘2281,’’. nating committee established under sub- SA 4510. Mr. WYDEN submitted an (2) ACTS OF NUCLEAR TERRORISM.—Section section (e) and the advisory board estab- amendment intended to be proposed by 2339A(a) of such title, as amended by sub- lished under subsection (f) that describes and

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.046 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3585 analyzes the progress during the preceding ‘‘(B) the Secretary determines that such and assessment team aimed at cutting across fiscal year in achieving the goals and objec- enlistment is vital to the national interest.’’. agency boundaries or limitations that affect tives described in paragraph (2)(C) and in- the ability to draw conclusions, with abso- cludes expenditures for rehabilitation re- SA 4514. Mr. VITTER submitted an lute assurance, about whether Iran is devel- search at the National Institutes of Health. amendment intended to be proposed by oping a clandestine nuclear weapons pro- The report shall include recommendations him to the bill S. 2943, to authorize ap- gram. for revising and updating the Research Plan, propriations for fiscal year 2017 for (4) The limitations of IAEA actors. and such initiatives as the Director of the military activities of the Department (5) Challenges in the region that may be Center and the Director of the Institute de- too large to anticipate under applicable trea- termine appropriate. In preparing the report, of Defense, for military construction, ties or agreements or the national technical the Director of the Center and the Director and for defense activities of the De- means monitoring regimes alone. of the Institute shall consult with the Direc- partment of Energy, to prescribe mili- (6) Continuation of sanctions with respect tor of NIH.’’; tary personnel strengths for such fiscal to the Government of Iran and Iranian per- (4) in subsection (e)— year, and for other purposes; which was sons and Iran’s proxies for— (A) in paragraph (2), by inserting ‘‘periodi- ordered to lie on the table; as follows: (A) ongoing abuses of human rights; cally host a scientific conference or work- (B) actions in support of the regime of At the end of subtitle D of title XII, add shop on medical rehabilitation research and’’ Bashar al-Assad in Syria; the following: after ‘‘The Coordinating Committee shall’’; (C) procurement, sale, or transfer of tech- and SEC. 1227. ASSESSMENT OF INADEQUACIES IN nology, services, or goods that support the INTERNATIONAL MONITORING AND (B) in paragraph (3), by inserting ‘‘the Di- VERIFICATION WITH RESPECT TO development or acquisition of weapons of rector of the Division of Program Coordina- IRAN’S NUCLEAR PROGRAM. mass destruction or the means of delivery of tion, Planning, and Strategic Initiatives (a) IN GENERAL.—Not later than 180 days those weapons; and within the Office of the Director of NIH,’’ after the date of the enactment of this Act, (D) continuing sponsorship of international after ‘‘shall be composed of’’; the Secretary of Defense shall, in consulta- terrorism. (5) in subsection (f)(3)(B)— tion with the Secretary of State, the Direc- (c) FORM OF REPORT.—The joint assessment (A) by redesignating clauses (ix) through tor of National Intelligence, and the heads report required by subsection (a) shall be (xi) as clauses (x) through (xii), respectively; and other relevant officials of agencies with submitted in unclassified form, but may in- clude a classified annex. and responsibilities under section 1078 or 1226, (d) PRESIDENTIAL CERTIFICATION.—Not later (B) by inserting after clause (viii) the fol- submit to Congress a joint assessment report lowing: than 60 days after the joint assessment re- detailing existing inadequacies in the inter- port is submitted under subsection (a), the ‘‘(ix) The Director of the Division of Pro- national monitoring and verification system, gram Coordination, Planning, and Strategic President shall certify to Congress that the including the extent to which such inadequa- President has reviewed the report, including Initiatives.’’; and cies relate to the findings and recommenda- (6) by adding at the end the following: the recommendations contained therein, and tions pertaining to verification short- has taken available actions to address exist- ‘‘(g)(1) The Secretary and the heads of comings identified within— other Federal agencies shall jointly review ing gaps within the monitoring and (1) the September 26, 2006, Government Ac- verification framework, including identified the programs carried out (or proposed to be countability Office report entitled, ‘‘Nuclear carried out) by each such official with re- potential funding needs to address necessary Nonproliferation: IAEA Has Strengthened Its requirements. spect to medical rehabilitation research and, Safeguards and Nuclear Security Programs, as appropriate, enter into agreements pre- but Weaknesses Need to Be Addressed’’; SA 4515. Mr. VITTER submitted an venting duplication among such programs. (2) the May 16, 2013, Government Account- amendment intended to be proposed by ‘‘(2) The Secretary shall, as appropriate, ability Office report entitled, ‘‘IAEA Has enter into interagency agreements relating him to the bill S. 2943, to authorize ap- Made Progress in Implementing Critical Pro- propriations for fiscal year 2017 for to the coordination of medical rehabilitation grams but Continues to Face Challenges’’; research conducted by agencies of the Na- (3) the Defense Science Board Study enti- military activities of the Department tional Institutes of Health and other agen- tled, ‘‘Task Force on the Assessment of Nu- of Defense, for military construction, cies of the Federal Government. clear Treaty Monitoring and Verification and for defense activities of the De- ‘‘(h) For purposes of this section, the term Technologies’’; partment of Energy, to prescribe mili- ‘medical rehabilitation research’ means the (4) the report of the International Atomic tary personnel strengths for such fiscal science of mechanisms and interventions Energy Agency (in this section referred to as that prevent, improve, restore, or replace year, and for other purposes; which was the ‘‘IAEA’’) entitled, ‘‘The Safeguards Sys- ordered to lie on the table; as follows: lost, underdeveloped, or deteriorating func- tem of the International Atomic Energy At the end of subtitle I of title X, add the tion.’’. Agency’’ and the IAEA Safeguards State- following: (b) REQUIREMENTS OF CERTAIN AGREEMENTS ment for 2010; SEC. 1097. TERMINATION OF LAWFUL PERMA- FOR ENHANCING COORDINATION AND PRE- (5) the IAEA Safeguards Overview: Com- VENTING DUPLICATIVE PROGRAMS OF MEDICAL NENT RESIDENT STATUS OF CER- prehensive Safeguards Agreements and Addi- TAIN ALIENS WHO RETURN TO AF- REHABILITATION RESEARCH.—Section 3 of the tional Protocols; GHANISTAN WITHOUT ADVANCE National Institutes of Health Amendments (6) the IAEA Model Additional Protocol; PERMISSION. of 1990 (42 U.S.C. 285g–4 note) is amended— (7) the IAEA February 2015 Director Gen- Section 602(b) of the Afghan Allies Protec- (1) in subsection (a), by striking ‘‘(a) IN eral Report to the Board of Governors; and tion Act of 2009 (8 U.S.C. 1101 note) is amend- GENERAL.—’’; and (8) other related reports on Iranian safe- ed— (2) by striking subsection (b). guard challenges. (1) by redesignating paragraphs (10) (b) RECOMMENDATIONS.—The joint assess- through (16) as paragraphs (11) through (17), SA 4513. Mr. VITTER submitted an ment report required by subsection (a) shall respectively; amendment intended to be proposed by include recommendations based upon the re- (2) by inserting after paragraph (9), the fol- him to the bill S. 2943, to authorize ap- ports referenced in that subsection, includ- lowing: propriations for fiscal year 2017 for ing recommendations to overcome inadequa- ‘‘(10) TERMINATION OF LAWFUL PERMANENT military activities of the Department cies or develop an improved monitoring RESIDENCE UPON UNAUTHORIZED RETURN TO AF- of Defense, for military construction, framework and recommendations related to GHANISTAN.— and for defense activities of the De- the following matters: ‘‘(A) IN GENERAL.—The Secretary of Home- partment of Energy, to prescribe mili- (1) The nuclear program of Iran. land Security shall terminate the lawful per- (2) Development of a plan for— manent resident status of any alien granted tary personnel strengths for such fiscal (A) the long-term operation and funding of such status under paragraph (9) who is out- year, and for other purposes; which was increased activities of the IAEA and relevant side the United States if the Secretary deter- ordered to lie on the table; as follows: agencies in order to maintain the necessary mines that the alien has visited Afghanistan At the end of subtitle C of title V, add the level of oversight with respect to Iran’s nu- without obtaining advance permission to following: clear program; travel pursuant to subparagraph (D)(ii). SEC. 538. MODIFICATION OF DISCRETIONARY AU- (B) resolving all issues of past and present ‘‘(B) SERVICE.—The termination of lawful THORITY TO AUTHORIZE CERTAIN concern with the IAEA, including possible permanent residence status under subpara- ENLISTMENTS IN THE ARMED military dimensions of Iran’s nuclear pro- graph (A) shall be effective on the date that FORCES. gram; and is 3 days after the date on which the Sec- Section 504(b)(2) of title 10, United States (C) giving IAEA inspectors access to per- retary serves notice of such termination— Code, is amended by striking ‘‘if the Sec- sonnel, documents, and facilities involved, at ‘‘(i) by publishing such notice in the Fed- retary’’ and all that follows and inserting any point, with nuclear or nuclear weapons- eral Register; ‘‘if— related activities of Iran. ‘‘(ii) by mailing such notice to the alien’s ‘‘(A) the person is lawfully present in the (3) A potential national strategy and im- most recent United States address, as pro- United States at the time of enlistment; and plementation plan supported by a planning vided to the Secretary under section 265 of

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.046 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3586 CONGRESSIONAL RECORD — SENATE June 7, 2016 the Immigration and Nationality Act (8 year, and for other purposes; which was an amendment intended to be proposed U.S.C. 1305) or otherwise under the immigra- ordered to lie on the table; as follows: by him to the bill S. 2943, to authorize tion laws; or Strike section 945. appropriations for fiscal year 2017 for ‘‘(iii) through personal service on the alien military activities of the Department abroad in accordance with applicable law. SA 4517. Mr. BURR (for himself and ‘‘(C) CHALLENGE TO NOTICE OF TERMI- of Defense, for military construction, Mrs. FEINSTEIN) submitted an amend- and for defense activities of the De- NATION.— ment intended to be proposed by him ‘‘(i) IN GENERAL.—An alien whose status is partment of Energy, to prescribe mili- terminated pursuant to subparagraph (A) to the bill S. 2943, to authorize appro- tary personnel strengths for such fiscal may challenge such termination by seeking priations for fiscal year 2017 for mili- year, and for other purposes; which was admission as an immigrant at a designated tary activities of the Department of ordered to lie on the table; as follows: United States port of entry not later than Defense, for military construction, and Strike section 1633 and insert the fol- 180 days after the effective date of such ter- for defense activities of the Depart- lowing: mination. ment of Energy, to prescribe military SEC. 1633. PROCESS FOR ENDING OF ARRANGE- ‘‘(ii) REMOVAL PROCEEDING.—If an alien personnel strengths for such fiscal challenges a termination in accordance with MENT IN WHICH THE COMMANDER year, and for other purposes; which was OF THE UNITED STATES CYBER clause (i), the Secretary shall place the alien ordered to lie on the table; as follows: COMMAND IS ALSO DIRECTOR OF in a removal proceeding under section 240 of THE NATIONAL SECURITY AGENCY. Strike section 973. the Immigration and Nationality Act (8 (a) SENSE OF CONGRESS.—It is the sense of U.S.C. 1229a). For the purpose of such re- SA 4518. Mr. BURR (for himself and Congress that— moval proceeding, the alien shall be consid- (1) the ending of the arrangement (com- Mrs. FEINSTEIN) submitted an amend- ered to be an alien lawfully admitted for per- monly referred to as a ‘‘dual-hat arrange- manent residence who is seeking an admis- ment intended to be proposed by him ment’’) under which the Commander of the sion into the United States. If the alien pre- to the bill S. 2943, to authorize appro- United States Cyber Command also serves as vails in the removal proceeding, or on a peti- priations for fiscal year 2017 for mili- the Director of the National Security Agen- tion for review of such proceeding under sec- tary activities of the Department of cy needs to be carefully considered and done tion 242 of such Act (8 U.S.C. 1252), the alien Defense, for military construction, and through conditions-based criteria; and shall be admitted to the United States for for defense activities of the Depart- (2) until such arrangement is ended, it is lawful permanent residence. If the alien does important to ensure such arrangement does not prevail in the removal proceeding, or on ment of Energy, to prescribe military personnel strengths for such fiscal not impede the Director’s service of national a petition for review of such proceeding, the requirements. alien shall be removed from the United year, and for other purposes; which was (b) PROCESSES FOR ENDING OF CURRENT AR- States. ordered to lie on the table; as follows: RANGEMENT.—The Secretary of Defense may ‘‘(D) TRAVEL.—The Secretary of Homeland Strike section 1049. not take action to end the arrangement de- Security— scribed in subsection (a) until— ‘‘(i) upon receiving a request from an alien SA 4519. Mr. BURR (for himself, Mrs. (1) the Secretary and the Chairman of the challenging a notice of termination under FEINSTEIN, and Ms. COLLINS) submitted Joint Chiefs of Staff jointly determine and subparagraph (C), shall authorize travel of an amendment intended to be proposed certify to the appropriate committees of the alien to a designated United States port by him to the bill S. 2943, to authorize Congress that the end of that arrangement of entry for the purpose of the removal pro- appropriations for fiscal year 2017 for will not pose risks to the military effective- ceeding described in subparagraph (C)(ii); ness of the United States Cyber Command and military activities of the Department of Defense, for military construction, that are unacceptable in the national secu- ‘‘(ii) shall establish a process through rity interests of the United States; or which an alien granted lawful permanent and for defense activities of the De- (2) the Director of National Intelligence residence under this section may apply in ad- partment of Energy, to prescribe mili- determines and certifies to the appropriate vance for permission to travel to Afghani- tary personnel strengths for such fiscal committees of Congress that the continu- stan. year, and for other purposes; which was ation of that arrangement poses risks and ‘‘(E) JUDICIAL REVIEW.—Except as specifi- ordered to lie on the table; as follows: impedes the appropriate prioritization of na- cally provided under subparagraph (C), and Strike section 1052. tional requirements. notwithstanding any other provision of law (c) CONDITIONS-BASED CRITERIA.—The Sec- (statutory or nonstatutory), including sec- SA 4520. Mr. BURR (for himself and retary of Defense, the Chairman of the Joint tion 2241 of title 28, United States Code, or Mrs. FEINSTEIN) submitted an amend- Chiefs of Staff, and the Director of National any other habeas corpus provision, and sec- Intelligence shall develop criteria for assess- tions 1361 and 1651 of such title, no court ment intended to be proposed by him to the bill S. 2943, to authorize appro- ing the military and intelligence necessity shall have jurisdiction to review any deter- and benefit of the arrangement described in mination made by the Secretary under this priations for fiscal year 2017 for mili- subsection (a). The criteria shall be based on paragraph. tary activities of the Department of measures of the operational dependence of ‘‘(F) RULE OF CONSTRUCTION.—Nothing in Defense, for military construction, and the United States Cyber Command on the this paragraph may be construed— for defense activities of the Depart- National Security Agency and the ability of ‘‘(i) to authorize any alien whose status ment of Energy, to prescribe military each organization to accomplish their roles has not been terminated under this para- personnel strengths for such fiscal and responsibilities independent of the other. graph to travel to or to be admitted to the The conditions to be evaluated shall include United States; year, and for other purposes; which was ordered to lie on the table; as follows: the following: ‘‘(ii) to require the Secretary to terminate (1) The sufficiency of operational infra- the status of an alien under this subsection On page 1194, line 24, strike ‘‘committees’’ structure. so that the alien may travel to the United and insert ‘‘committees, the Select Com- (2) The sufficiency of command and control States for the purpose of a removal pro- mittee on Intelligence of the Senate, and the systems and processes for planning, ceeding or for any other reason; or Permanent Select Committee on Intelligence deconflicting, and executing military cyber ‘‘(iii) to limit the applicability of any no- of the House of Representatives’’. operations, tools and weapons for achieving fly list or other travel security or public Mr. BURR (for himself and required effects. health measure otherwise authorized by SA 4521. (3) Technical intelligence collection and law.’’; and Mrs. FEINSTEIN) submitted an amend- operational preparation of the environment (3) in paragraph (14), as redesignated, by ment intended to be proposed by him capabilities. striking ‘‘paragraph (12)(B)’’ and inserting to the bill S. 2943, to authorize appro- (4) The ability to train personnel, test ca- ‘‘paragraph (13)(B)’’. priations for fiscal year 2017 for mili- pabilities, and rehearse missions. tary activities of the Department of (5) The ability to meet national intel- SA 4516. Mr. BURR (for himself and Defense, for military construction, and ligence requirements. Mrs. FEINSTEIN) submitted an amend- for defense activities of the Depart- (6) The ability to correctly and impartially ment intended to be proposed by him ment of Energy, to prescribe military conduct intelligence gain and loss assess- to the bill S. 2943, to authorize appro- ments in scenarios with competing require- personnel strengths for such fiscal ments. priations for fiscal year 2017 for mili- year, and for other purposes; which was tary activities of the Department of (d) REPORTS.—Not later than 90 days of the ordered to lie on the table; as follows: date of the enactment of this Act and annu- Defense, for military construction, and Strike section 1606. ally thereafter until a certification is made for defense activities of the Depart- in accordance with subsection (b)— ment of Energy, to prescribe military SA 4522. Mr. BURR (for himself, Mrs. (1) the Secretary of Defense and the Chair- personnel strengths for such fiscal FEINSTEIN, and Ms. COLLINS) submitted man of the Joint Chiefs of Staff shall submit

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The criteria shall be based on met; and man of the Joint Chiefs of Staff shall submit measures of the operational dependence of (2) the Director of National Intelligence to the appropriate committees of Congress a the United States Cyber Command on the shall submit to the appropriate committees report that describes which of the conditions National Security Agency and the ability of of Congress an assessment of the Director’s set out under subsection (c) have not been each organization to accomplish their roles continuing ability to meet national require- met; and and responsibilities independent of the other. ments and appropriately conduct intel- (2) the Director of National Intelligence The conditions to be evaluated shall include ligence gain and loss assessments in sce- shall submit to the appropriate committees the following: narios with competing requirements. of Congress an assessment of the Director’s (1) The sufficiency of operational infra- (e) APPROPRIATE COMMITTEES OF CONGRESS continuing ability to meet national intel- structure. DEFINED.—In this section, the term ‘‘appro- ligence requirements and appropriately con- (2) The sufficiency of command and control priate committees of Congress’’ means— duct intelligence gain and loss assessments systems and processes for planning, (1) the Committee on Armed Services, the in scenarios with competing requirements. deconflicting, and executing military cyber Committee on Appropriations, and the Se- (e) DEFINITIONS.—In this section: operations, tools and weapons for achieving lect Committee on Intelligence of the Sen- (1) APPROPRIATE COMMITTEES OF CONGRESS required effects. ate; and DEFINED.—The term ‘‘appropriate commit- (3) Technical intelligence collection and (2) the Committee on Armed Services, the tees of Congress’’ means— operational preparation of the environment Committee on Appropriations, and the Per- (A) the Committee on Armed Services, the capabilities. manent Select Committee on Intelligence of Committee on Appropriations, and the Se- (4) The ability to train personnel, test ca- the House of Representatives. lect Committee on Intelligence of the Sen- pabilities, and rehearse missions. ate; and (5) The ability to meet national intel- SA 4523. Mr. BURR (for himself, Mrs. (B) the Committee on Armed Services, the ligence requirements. FEINSTEIN, and Ms. COLLINS) submitted Committee on Appropriations, and the Per- (6) The ability to correctly and impartially an amendment intended to be proposed manent Select Committee on Intelligence of conduct intelligence gain and loss assess- by him to the bill S. 2943, to authorize the House of Representatives. ments in scenarios with competing require- ments. appropriations for fiscal year 2017 for (2) NATIONAL INTELLIGENCE.—The term ‘‘na- tional intelligence’’ has the meaning given (d) REPORTS.—Not later than 90 days of the military activities of the Department that term in section 3 of the National Secu- date of the enactment of this Act and annu- of Defense, for military construction, rity Act of 1947 (50 U.S.C. 3003). ally thereafter until a certification is made and for defense activities of the De- in accordance with subsection (b)— partment of Energy, to prescribe mili- SA 4524. Mr. BURR (for himself, Mrs. (1) the Secretary of Defense and the Chair- tary personnel strengths for such fiscal FEINSTEIN, and Ms. COLLINS) submitted man of the Joint Chiefs of Staff shall submit year, and for other purposes; which was an amendment intended to be proposed to the appropriate committees of Congress a report that describes which of the conditions ordered to lie on the table; as follows: by him to the bill S. 2943, to authorize set out under subsection (c) have not been On page 1207, line 13, strike ‘‘LIMITATION appropriations for fiscal year 2017 for met; and ON’’ and insert ‘‘PROCESS FOR’’. military activities of the Department (2) the Director of National Intelligence On page 1207, line 18, insert ‘‘ending of the’’ of Defense, for military construction, shall submit to the appropriate committees after ‘‘that the’’. and for defense activities of the De- of Congress an assessment of the Director’s On page 1207, beginning on line 21, strike partment of Energy, to prescribe mili- continuing ability to meet national intel- ‘‘is in the national security interests of the tary personnel strengths for such fiscal ligence requirements and appropriately con- United States.’’ and insert ‘‘needs to be care- year, and for other purposes; which was duct intelligence gain and loss assessments in scenarios with competing requirements. fully considered and done through condi- ordered to lie on the table; as follows: tions-based criteria and, until such arrange- (e) DEFINITIONS.—In this section: Strike section 1633 and insert the fol- ment is ended, it is important to ensure such (1) APPROPRIATE COMMITTEES OF CONGRESS lowing: arrangement does not impede the Director’s DEFINED.—The term ‘‘appropriate commit- service of national intelligence require- SEC. 1633. PROCESS FOR ENDING OF ARRANGE- tees of Congress’’ means— MENT IN WHICH THE COMMANDER ments.’’. (A) the Committee on Armed Services, the OF THE UNITED STATES CYBER Committee on Appropriations, and the Se- On page 1207, line 23, strike ‘‘LIMITATION COMMAND IS ALSO DIRECTOR OF lect Committee on Intelligence of the Sen- ON’’ and insert ‘‘PROCESS FOR’’. THE NATIONAL SECURITY AGENCY. ate; and On page 1207, line 25, strike ‘‘until’’ and in- (a) SENSE OF CONGRESS.—It is the sense of (B) the Committee on Armed Services, the sert ‘‘until—’’. Congress that— Committee on Appropriations, and the Per- (1) the ending of the arrangement (com- Beginning on page 1207, line 25, strike ‘‘the manent Select Committee on Intelligence of monly referred to as a ‘‘dual-hat arrange- Secretary’’ and all that follows through page the House of Representatives. ment’’) under which the Commander of the 1208, line 6, and insert the following: (2) NATIONAL INTELLIGENCE.—The term ‘‘na- United States Cyber Command also serves as (1) the Secretary and the Chairman of the tional intelligence’’ has the meaning given the Director of the National Security Agen- Joint Chiefs of Staff jointly determine and that term in section 3 of the National Secu- cy needs to be carefully considered and done certify to the appropriate committees of rity Act of 1947 (50 U.S.C. 3003). through conditions-based criteria; and Congress that the end of that arrangement (2) until such arrangement is ended, it is will not pose risks to the military effective- SA 4525. Mr. BURR (for himself and important to ensure such arrangement does ness of the United States Cyber Command Mrs. FEINSTEIN) submitted an amend- not impede the Director’s service of national that are unacceptable in the national secu- ment intended to be proposed by him intelligence requirements. rity interests of the United States; or to the bill S. 2943, to authorize appro- (b) PROCESSES FOR ENDING OF CURRENT AR- (2) the Director of National Intelligence RANGEMENT.—The Secretary of Defense may priations for fiscal year 2017 for mili- determines and certifies to the appropriate not take action to end the arrangement de- tary activities of the Department of committees of Congress that the continu- scribed in subsection (a) until— Defense, for military construction, and ation of that arrangement poses risks and (1) the Secretary and the Chairman of the for defense activities of the Depart- impedes the appropriate prioritization of na- Joint Chiefs of Staff jointly determine and tional intelligence requirements. ment of Energy, to prescribe military certify to the appropriate committees of personnel strengths for such fiscal On page 1208, beginning on line 7, strike Congress that the end of that arrangement ‘‘Secretary and the Chairman’’ and insert year, and for other purposes; which was will not pose risks to the military effective- ordered to lie on the table; as follows: ‘‘Secretary of Defense, the Chairman of the ness of the United States Cyber Command Joint Chiefs of Staff, and the Director of Na- that are unacceptable in the national secu- On page 1242, line 4, strike ‘‘committees’’ tional Intelligence’’. rity interests of the United States; or and insert ‘‘committees, the Select Com- On page 1209, strike lines 3 through 12, and (2) the Director of National Intelligence mittee on Intelligence of the Senate, the insert the following: determines and certifies to the appropriate Permanent Select Committee on Intelligence (5) The ability to meet national intel- committees of Congress that the continu- of the House of Representatives,’’. ligence requirements. ation of that arrangement poses risks and SA 4526. Mr. BROWN submitted an (6) The ability to correctly and impartially impedes the appropriate prioritization of na- amendment intended to be proposed by conduct intelligence gain and loss assess- tional intelligence requirements. ments in scenarios with competing require- (c) CONDITIONS-BASED CRITERIA.—The Sec- him to the bill S. 2943, to authorize ap- ments. retary of Defense, the Chairman of the Joint propriations for fiscal year 2017 for (d) REPORTS.—Not later than 90 days of the Chiefs of Staff, and the Director of National military activities of the Department date of the enactment of this Act and annu- Intelligence shall develop criteria for assess- of Defense, for military construction,

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00115 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.054 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3588 CONGRESSIONAL RECORD — SENATE June 7, 2016 and for defense activities of the De- ‘‘(A) listing each country identified pursu- SA 4529. Mrs. MURRAY (for herself partment of Energy, to prescribe mili- ant to paragraph (1); and Mr. KAINE) submitted an amend- tary personnel strengths for such fiscal ‘‘(B) detailing the amount of funds to be ment intended to be proposed by her to year, and for other purposes; which was used with respect to each country identified the bill S. 2943, to authorize appropria- pursuant to paragraph (1) and the training, ordered to lie on the table; as follows: equipment, supplies, and services to be pro- tions for fiscal year 2017 for military At the end of subtitle B of title VIII, add vided to such country; activities of the Department of De- the following: ‘‘(C) evaluating the effectiveness of efforts fense, for military construction, and SEC. 829K. PREFERENCE FOR POTENTIAL DE- by each country identified pursuant to para- for defense activities of the Depart- FENSE CONTRACTORS THAT CARRY graph (1) to counter the movement of pre- ment of Energy, to prescribe military OUT CERTAIN STEM-RELATED AC- cursor materials for improvised explosive de- TIVITIES. personnel strengths for such fiscal In evaluating offers submitted in response vices; and year, and for other purposes; which was to a solicitation for contracts, the Secretary ‘‘(D) setting forth the overall plan to in- ordered to lie on the table; as follows: of Defense shall provide a preference to any crease the counter-improvised explosive de- vice capability of each country identified Strike section 562 and insert the following: offeror that— SEC. 562. MODIFICATION OF PROGRAM TO ASSIST (1) establishes or enhances undergraduate, pursuant to paragraph (1).’’; and (4) in paragraph (4), by striking ‘‘December MEMBERS OF THE ARMED FORCES graduate, and doctoral programs in science, IN OBTAINING PROFESSIONAL CRE- technology, engineering, and mathematics 31, 2016’’ and inserting ‘‘December 31, 2017’’. DENTIALS. (c) SENSE OF SENATE.—It is the sense of the (in this section referred to as ‘‘STEM’’ dis- (a) SCOPE OF PROGRAM.—Subsection (a)(1) Senate that— ciplines); of section 2015 of title 10, United States Code, (1) the United States Government should (2) makes investments, such as program- is amended by striking ‘‘incident to the per- continue and should increase interagency ef- ming and curriculum development, in STEM formance of their military duties’’. programs within elementary and secondary forts to disrupt the flow of improvised explo- (b) QUALITY ASSURANCE OF CERTIFICATION schools, including those that support the sive devices (IED), precursor chemicals, and PROGRAMS AND STANDARDS.—Subsection (c) needs of military children; components into conflict areas such as of such section is amended— (3) encourages employees to volunteer in Syria, Iraq, and Afghanistan; (1) in paragraph (1), by striking ‘‘under schools eligible for assistance under part A (2) the Department of Defense has made subsection (a) is accredited by’’ and all that of title I of the Elementary and Secondary sizeable investments to attack the network, follows and inserting ‘‘under subsection (a)— Education Act of 1965 (20 U.S.C. 6311 et seq.) defeat the device, and facilitate protection of ‘‘(A) is accredited by an accreditation body in order to enhance STEM education and United States forces for many years and that meets the requirements in paragraph programs; throughout the relevant theaters of oper- (2); or (4) makes personnel available to advise and ation; and ‘‘(B) meets requirements in paragraph (3) assist faculty at colleges and universities in (3) it is essential that the continuing ef- or (4).’’; and the performance of STEM research and dis- forts of the United States to counter impro- (2) by adding at the end the following new ciplines critical to the functions of the De- vised explosive devices leverage all instru- paragraphs: partment of Defense; ments of national power, including engage- ‘‘(3) A credentialing program meets the re- (5) establishes partnerships between the of- ment and investment from diplomatic, eco- quirements in this paragraph if— feror and historically Black colleges and uni- nomic, and law enforcement departments ‘‘(A) the program results in a recognized versities (HBCUs) and other minority-serv- and agencies. postsecondary credential, including— ing institutions for the purpose of training ‘‘(i) an industry recognized certificate or Mrs. MCCASKILL submitted students in scientific disciplines; SA 4528. certification, including a credential recog- (6) awards scholarships and fellowships, an amendment intended to be proposed nized by employers within an industry or and establishes cooperative work-education by her to the bill S. 2943, to authorize sector to meet employment requirements, or programs in scientific disciplines; appropriations for fiscal year 2017 for where appropriate, a credential endorsed by (7) attracts and retains faculty involved in military activities of the Department a nationally-recognized trade association or scientific disciplines critical to the functions of Defense, for military construction, organization representing a significant part of the Department of Defense; and for defense activities of the De- of the industry or sector; (8) conducts recruitment activities at uni- partment of Energy, to prescribe mili- ‘‘(ii) a certificate of completion of a reg- versities and community colleges, including tary personnel strengths for such fiscal istered apprenticeship; or HBCUs, or offers internships or apprentice- year, and for other purposes; which was ‘‘(iii) a license recognized by a State or the Federal Government; or ships; or ordered to lie on the table; as follows: (9) establishes programs and outreach ef- ‘‘(B) the credential granted by the program forts to strengthen STEM. At the end of part II of subtitle D of title meets standards established by a Federal V, add the following: agency. SA 4527. Mr. CASEY (for himself, Mr. SEC. 554. REPORTS ON INCIDENTS OF SEXUAL AS- ‘‘(4) A credentialing program meets the re- INHOFE, Mr. BLUMENTHAL, and Mr. BEN- SAULT MADE BY MEMBERS OF THE quirements in this paragraph if the program ARMED FORCES TO HEALTH CARE is provided by an eligible training provider NET) submitted an amendment in- PERSONNEL OF THE DEPARTMENT tended to be proposed by him to the OF VETERANS AFFAIRS TREATABLE under section 122 of the Workforce Innova- bill S. 2943, to authorize appropriations AS DEPARTMENT OF DEFENSE RE- tion and Opportunity Act (Public Law 113– 128).’’. for fiscal year 2017 for military activi- STRICTED REPORTS. (a) TREATMENT AT ELECTION OF MEMBERS.— (c) REGULATIONS.—Subsection (d)(3) of such ties of the Department of Defense, for Under procedures established by the Sec- section is amended— military construction, and for defense retary of Veterans Affairs, a report on an in- (1) by redesignating subparagraph (D) as activities of the Department of Energy, cident of sexual assault made by a member subparagraph (E); and to prescribe military personnel of the Armed Forces while undergoing a Sep- (2) by inserting after subparagraph (C) the strengths for such fiscal year, and for aration History and Physical Examination following new subparagraph (D): other purposes; which was ordered to to such health care personnel of the Depart- ‘‘(D) With respect to the provision of cre- lie on the table; as follows: ment of Veterans Affairs performing the ex- dentials under this section that are accepted amination as the Secretary shall specify for or preferred by employers within an industry On page 1180, strike lines 1 through 5 and purposes of such procedures may, at the elec- or sector, mechanisms to verify that— insert the following: tion of the member, be treated as a Re- ‘‘(i) such credentials are in fact required or (1) in paragraph (1)— stricted Report on the incident for Depart- preferred for such employment (or advance- (A) by striking ‘‘fiscal year 2016’’ and in- ment of Defense purposes. ment in such employment); and serting ‘‘fiscal years 2016 and 2017’’; and (b) TRANSMITTAL TO DEPARTMENT OF DE- ‘‘(ii) the provider of such credentialing pro- (B) by striking ‘‘the Government of Paki- FENSE.—Under procedures jointly established grams meet quality assurance criteria as the stan’’ and all that follows and inserting ‘‘any by the Secretary of Veterans Affairs and the Secretary concerned, in consultation with country that the Secretary of Defense, with Secretary of Defense, a report on an incident the Secretary of Labor, considers appro- the concurrence of the Secretary of State, of sexual assault treated as a Restricted Re- priate necessary to safeguard the integrity has identified as critical for countering the port pursuant to subsection (a) shall be of the credentialing program and provide ef- movement of precursor materials for impro- transmitted by the Department of Veterans fective stewardship of Federal resources.’’. vised explosive devices into Syria, Iraq, or Affairs to such personnel of the Department Afghanistan.’’; of Defense who are authorized to access Re- SA 4530. Mrs. GILLIBRAND (for her- (2) in paragraph (2), by striking ‘‘the Gov- stricted Reports on incidents of sexual as- self and Mr. DAINES) submitted an ernment of Pakistan’’ and inserting ‘‘a coun- sault as the Secretary of Defense shall speci- try’’; fy for purposes of such procedures. The amendment intended to be proposed by (3) in paragraph (3), striking subparagraphs transmittal shall be made in a manner that her to the bill S. 2943, to authorize ap- (A) and (B) and inserting the following new preserves for all purposes the confidential propriations for fiscal year 2017 for subparagraphs: nature of the report as a Restricted Report. military activities of the Department

VerDate Sep 11 2014 07:14 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.054 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3589 of Defense, for military construction, mitted an amendment intended to be At the end of title X, add the following: and for defense activities of the De- proposed by him to the bill S. 2943, to Subtitle J—Open Government Data partment of Energy, to prescribe mili- authorize appropriations for fiscal year SEC. 1097. SHORT TITLE. tary personnel strengths for such fiscal 2017 for military activities of the De- (a) SHORT TITLE.—This subtitle may be year, and for other purposes; which was partment of Defense, for military con- cited as the ‘‘Open, Public, Electronic, and ordered to lie on the table; as follows: struction, and for defense activities of Necessary Government Data Act’’ or the At the end of subtitle I of title X, add the the Department of Energy, to prescribe ‘‘OPEN Government Data Act’’. following: military personnel strengths for such SEC. 1098. FINDINGS; AGENCY DEFINED. SEC. 1097. CLARIFICATION OF PRESUMPTIONS OF fiscal year, and for other purposes; (a) FINDINGS.—Congress finds the fol- EXPOSURE FOR VETERANS WHO which was ordered to lie on the table; lowing: SERVED IN VICINITY OF REPUBLIC as follows: (1) Federal Government data is a valuable OF VIETNAM. national resource. Managing Federal Gov- (a) COMPENSATION.—Subsections (a)(1) and At the end of subtitle I of title X, add the ernment data to make it open, available, dis- (f) of section 1116 of title 38, United States following: coverable, and useable to the general public, Code, are amended by inserting ‘‘(including SEC. 1097. IMPLEMENTATION OF OUTSTANDING businesses, journalists, academics, and advo- its territorial seas)’’ after ‘‘served in the Re- TRANSPORTATION SECURITY RE- cates promotes efficiency and effectiveness public of Vietnam’’ each place such phrase QUIREMENTS. in Government, creates economic opportuni- appears. Not later than 6 months after the date of ties, promotes scientific discovery, and most (b) HEALTH CARE.—Section 1710(e)(4) of the enactment of this Act, the Adminis- importantly, strengthens our democracy. such title is amended by inserting ‘‘(includ- trator of the Transportation Security Ad- (2) Maximizing the usefulness of Federal ing its territorial seas)’’ after ‘‘served on ac- ministration shall, at a minimum, complete Government data that is appropriate for re- tive duty in the Republic of Vietnam’’. sections 1512 and 1517 of the Implementing lease rests upon making it readily available, (c) EFFECTIVE DATE.—The amendments Recommendations of the 9/11 Commission discoverable, and usable—in a word: open. In- made by subsections (a) and (b) shall take ef- Act of 2007 (6 U.S.C. 1162 and 1167). formation presumptively should be available fect as if enacted on September 25, 1985. to the general public unless the Federal Gov- SEC. 1098. TEMPORARY VISA FEE FOR EMPLOY- SA 4532. Mr. MANCHIN submitted an ernment reasonably foresees that disclosure ERS WITH MORE THAN 50 PERCENT amendment intended to be proposed by could harm a specific, articulable interest FOREIGN WORKFORCE. him to the bill S. 2943, to authorize ap- protected by law or the Federal Government (a) IN GENERAL.—Section 411 of the Air is otherwise expressly prohibited from re- Transportation Safety and System Stabiliza- propriations for fiscal year 2017 for leasing such data due to statutory require- tion Act (49 U.S.C. 40101 note), as added by military activities of the Department ments. section 402(g) of the James Zadroga 9/11 Vic- of Defense, for military construction, (3) The Federal Government has the re- tim Compensation Fund Reauthorization Act and for defense activities of the De- sponsibility to be transparent and account- (title IV of division O of Public Law 114–113), partment of Energy, to prescribe mili- able to its citizens. is amended— tary personnel strengths for such fiscal (4) Data controlled, collected, or created (1) by amending to section heading to read year, and for other purposes; which was by the Federal Government should be origi- as follows: ‘‘TEMPORARY VISA FEE FOR EMPLOY- ordered to lie on the table; as follows: nated, transmitted, and published in modern, ERS WITH MORE THAN 50 PERCENT FOREIGN open, and electronic format, to be as readily WORKFORCE’’; and At the end of subtitle F of title VIII, add accessible as possible, consistent with data (2) by striking subsections (a) and (b) and the following: standards imbued with authority under this inserting the following: SEC. 877. COMPTROLLER GENERAL REPORT ON subtitle and to the extent permitted by law. ‘‘(a) TEMPORARY L VISA FEE INCREASE.— SOLID ROCKET MOTOR (SRM) INDUS- Notwithstanding section 281 of the Immigra- TRIAL BASE FOR TACTICAL MIS- (5) The effort to inventory Government tion and Nationality Act (8 U.S.C. 1351) or SILES. data will have additional benefits, including any other provision of law, the filing fee re- (a) IN GENERAL.—Not later than March 31, identifying opportunities within agencies to quired to be submitted with a petition filed 2017, the Comptroller General of the United reduce waste, increase efficiencies, and save under section 101(a)(15)(L) of the Immigra- States shall submit to the congressional de- taxpayer dollars. As such, this effort should tion and Nationality Act (8 U.S.C. fense committees a report on the solid rock- involve many types of data, including data 1101(a)(15)(L)), except for an amended peti- et motor (SRM) industrial base for tactical generated by applications, devices, net- tion without an extension of stay request, missiles. works, and equipment, which can be har- shall be increased by $4,500 for petitioners (b) ELEMENTS.—The report required under nessed to improve operations, lower energy that employ 50 or more employees in the subsection (a) shall include the following ele- consumption, reduce costs, and strengthen United States if more than 50 percent of the ments: security. petitioner’s employees are nonimmigrants (1) A review of all Department of Defense (6) Communication, commerce, and data described in subparagraph (H)(1)(b) or (L) of reports that have been published since 2009 transcend national borders. Global access to section 101(a)(15) of such Act. This fee shall on the United States tactical solid rocket Government information is often essential to also apply to petitioners described in this motor (SRM) industrial base, together with promoting innovation, scientific discovery, subsection who file an individual petition on the analyses underlying such reports. entrepreneurship, education, and the general the basis of an approved blanket petition. (2) An examination of the factors the De- welfare. ‘‘(b) TEMPORARY H-1B VISA FEE INCREASE.— partment uses in awarding SRM contracts (b) AGENCY DEFINED.—In this subtitle, the Notwithstanding section 281 of the Immigra- and that Department of Defense contractors term ‘‘agency’’ has the meaning given that tion and Nationality Act (8 U.S.C. 1351) or use in awarding SRM subcontracts, including term in section 3502 of title 44, United States any other provision of law, the filing fee re- cost, schedule, technical qualifications, sup- Code, and includes the Federal Election quired to be submitted with a petition under ply chain diversification, past performance, Commission. section 101(a)(15)(H)(i)(b) of the Immigration and other evaluation factors, such as meet- SEC. 1099. RULE OF CONSTRUCTION. and Nationality Act (8 U.S.C. ing offset obligations under foreign military Nothing in this subtitle, or the amend- 1101(a)(15)(H)(i)(b)), except for an amended sales agreements. ments made by this subtitle, shall be con- petition without an extension of stay re- (3) An assessment of the foreign-built por- strued to require the disclosure of informa- quest, shall be increased by $4,000 for peti- tion of the United States SRM market and of tion or records that are exempt from public tioners that employ 50 or more employees in the effectiveness of actions taken by the De- disclosure under section 552 of title 5, United the United States if more than 50 percent of partment to address the declining state of States Code (commonly known as the ‘‘Free- the petitioner’s employees are non- the United States tactical SRM industrial dom of Information Act’’). base. immigrants described in subparagraph SEC. 1099A. FEDERAL INFORMATION POLICY (H)(1)(b) or (L) of section 101(a)(15) of such DEFINITIONS. Act.’’. SA 4533. Mr. SCHATZ (for himself Section 3502 of title 44, United States Code, (b) EFFECTIVE DATES.—The amendments and Mr. SASSE) submitted an amend- is amended— made by subsection (a)— ment intended to be proposed by him (1) in paragraph (13), by striking ‘‘; and’’ at (1) shall take effect on the date that is 30 to the bill S. 2943, to authorize appro- the end and inserting a semicolon; days after the date of the enactment of this priations for fiscal year 2017 for mili- (2) in paragraph (14), by striking the period Act; and tary activities of the Department of at the end and inserting a semicolon; and (2) shall apply to any petition filed during Defense, for military construction, and (3) by adding at the end the following: the period beginning on such effective date for defense activities of the Depart- ‘‘(15) the term ‘data’ means recorded infor- and ending on September 30, 2025. mation, regardless of form or the media on ment of Energy, to prescribe military which the data is recorded; SA 4531. Mr. BOOKER (for himself, personnel strengths for such fiscal ‘‘(16) the term ‘data asset’ means a collec- Mr. BLUMENTHAL, Mr. NELSON, Mr. year, and for other purposes; which was tion of data elements or data sets that may SCHUMER, and Mr. MENENDEZ) sub- ordered to lie on the table; as follows: be grouped together;

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.055 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3590 CONGRESSIONAL RECORD — SENATE June 7, 2016 ‘‘(17) the term ‘Enterprise Data Inventory’ a manner that may provide new opportuni- fice of the Federal Chief Information Offi- means the data inventory developed and ties for innovation in the public and private cer’’; maintained pursuant to section 3523; sectors in accordance with law and regula- (C) in subsection (b), by striking ‘‘an Ad- ‘‘(18) the term ‘machine-readable’ means a tion.’’. ministrator’’ and inserting ‘‘a Federal Chief format in which information or data can be (b) TECHNICAL AND CONFORMING AMEND- Information Officer’’; easily processed by a computer without MENT.—The table of sections for subchapter I (D) in subsection (c), by striking ‘‘The Ad- human intervention while ensuring no se- of chapter 35 of title 44, United States Code, ministrator’’ and inserting ‘‘The Federal mantic meaning is lost; is amended by inserting after the item relat- Chief Information Officer’’; ‘‘(19) the term ‘metadata’ means structural ing to section 3521 the following: (E) in subsection (d), by striking ‘‘The Ad- or descriptive information about data such ‘‘3522. Requirements for Government data.’’. ministrator’’ and inserting ‘‘The Federal as content, format, source, rights, accuracy, (c) EFFECTIVE DATE.—Notwithstanding sec- Chief Information Officer’’; provenance, frequency, periodicity, granu- tion 1099G, the amendments made by sub- (F) in subsection (e), by striking ‘‘The Ad- larity, publisher or responsible party, con- sections (a) and (b) shall take effect on the ministrator’’ and inserting ‘‘The Federal tact information, method of collection, and date that is 1 year after the date of enact- Chief Information Officer’’; other descriptions; ment of this Act and shall apply with respect (G) in subsection (f)— ‘‘(20) the term ‘nonpublic data asset’— to any contract entered into by an agency on (i) in the matter preceding paragraph (1), ‘‘(A) means a data asset that may not be or after such effective date. by striking ‘‘the Administrator shall’’ and made available to the public for privacy, se- (d) USE OF OPEN DATA ASSETS.—Not later inserting ‘‘the Federal Chief Information Of- curity, confidentiality, regulation, or other than 1 year after the date of enactment of ficer shall’’; and reasons as determined by law; and this Act, the head of each agency shall en- (ii) in paragraph (16), by striking ‘‘the Of- ‘‘(B) includes data provided by contractors sure that any activities by the agency or any fice of Electronic Government’’ and insert- that is protected by contract, license, pat- new contract entered into by the agency ing ‘‘the Office of the Federal Chief Informa- ent, trademark, copyright, confidentiality, meet the requirements of section 3522 of title tion Officer’’; and regulation, or other restriction; 44, United States Code, as added by sub- (H) in subsection (g), by striking ‘‘the Of- ‘‘(21) the term ‘open format’ means a tech- section (a). fice of Electronic Government’’ and insert- nical format based on an underlying open ing ‘‘the Office of the Federal Chief Informa- SEC. 1099C. RESPONSIBILITIES OF THE OFFICE standard that is— OF ELECTRONIC GOVERNMENT. tion Officer’’. HIEF INFORMATION OFFICERS COUNCIL ‘‘(A) not encumbered by restrictions that (a) COORDINATION OF FEDERAL INFORMATION (3) C .— would impede use or reuse; and RESOURCES MANAGEMENT POLICY.—Section Section 3603 of title 44, United States Code, ‘‘(B) based on an underlying open standard 3503 of title 44, United States Code, is amend- is amended— that is maintained by a standards organiza- ed by adding at the end the following: (A) in subsection (b)(2), by striking ‘‘The tion; ‘‘(c) COORDINATION OF FEDERAL INFORMA- Administrator of the Office of Electronic ‘‘(22) the term ‘open Government data’ TION RESOURCES MANAGEMENT POLICY.—The Government’’ and inserting ‘‘The Federal means a Federal Government public data Federal Chief Information Officer shall work Chief Information Officer’’; asset that is— in coordination with the Administrator of (B) in subsection (c)(1), by striking ‘‘The ‘‘(A) machine-readable; the Office of Information and Regulatory Af- Administrator of the Office of Electronic ‘‘(B) available in an open format; and fairs and with the heads of other offices Government’’ and inserting ‘‘The Federal ‘‘(C) part of the worldwide public domain within the Office of Management and Budget Chief Information Officer’’; and or, if necessary, published with an open li- to oversee and advise the Director on Fed- (C) in subsection (f)(3), by striking ‘‘the cense; eral information resources management pol- Administrator’’ and inserting ‘‘the Federal ‘‘(23) the term ‘open license’ means a legal icy.’’. Chief Information Officer’’. guarantee applied to a data asset that is (b) AUTHORITY AND FUNCTIONS OF DIREC- (4) E–GOVERNMENT FUND.—Section 3604 of made available to the public that such data TOR.—Section 3504(h) of title 44, United title 44, United States Code, is amended— asset is made available— States Code, is amended— (A) in subsection (a)(2), by striking ‘‘the ‘‘(A) at no cost to the public; and (1) in paragraph (1), by inserting ‘‘, the Administrator of the Office of Electronic ‘‘(B) with no restrictions on copying, pub- Federal Chief Information Officer,’’ after Government’’ and inserting ‘‘the Federal lishing, distributing, transmitting, citing, or ‘‘the Director of the National Institute of Chief Information Officer’’; adapting; and Standards and Technology’’; (B) in subsection (b), by striking ‘‘Adminis- ‘‘(24) the term ‘public data asset’ means a (2) in paragraph (4)— trator’’ each place it appears and inserting collection of data elements or a data set (A) in subparagraph (A), by striking ‘‘; ‘‘Federal Chief Information Officer’’; and maintained by the Government that— and’’ and inserting a semicolon; and (C) in subsection (c), by striking ‘‘the Ad- ‘‘(A) may be released; or (B) by adding at the end the following: ministrator’’ and inserting ‘‘the Federal ‘‘(B) has been released to the public in an ‘‘(C) oversee the completeness of the Enter- Chief Information Officer’’. open format and is discoverable through a prise Data Inventory and the extent to which (5) PROGRAM TO ENCOURAGE INNOVATIVE SO- search of Data.gov.’’. the agency is making all data collected and LUTIONS TO ENHANCE ELECTRONIC GOVERNMENT SEC. 1099B. REQUIREMENT FOR MAKING OPEN generated by the agency available to the SERVICES AND PROCESSES.—Section 3605 of AND MACHINE-READABLE THE DE- public in accordance with section 3523;’’; title 44, United States Code, is amended— FAULT FOR GOVERNMENT DATA. (3) in paragraph (5), by striking the period (A) in subsection (a), by striking ‘‘The Ad- (a) AMENDMENT.—Subchapter I of chapter at the end and inserting ‘‘; and’’; and ministrator’’ and inserting ‘‘The Federal 35 of title 44, United States Code, is amended (4) by adding at the end the following: Chief Information Officer’’; by adding at the end the following: ‘‘(6) coordinate the development and re- (B) in subsection (b), by striking ‘‘, the Ad- ‘‘§ 3522. Requirements for Government data view of Federal information resources man- ministrator,’’ and inserting ‘‘, the Federal ‘‘(a) MACHINE-READABLE DATA REQUIRED.— agement policy by the Administrator of the Chief Information Officer,’’; and Government data assets made available by Office of Information and Regulatory Affairs (C) in subsection (c)— an agency shall be published as machine- and the Federal Chief Information Officer.’’. (i) in paragraph (1)— readable data. (c) CHANGE OF NAME OF THE OFFICE OF (I) by striking ‘‘The Administrator’’ and ‘‘(b) OPEN BY DEFAULT.—When not other- ELECTRONIC GOVERNMENT.— inserting ‘‘The Federal Chief Information Of- wise prohibited by law, and to the extent (1) DEFINITIONS.—Section 3601 of title 44, ficer’’; and practicable, Government data assets shall— United States Code, is amended— (II) by striking ‘‘proposals submitted to ‘‘(1) be available in an open format; and (A) by striking paragraph (1); the Administrator’’ and inserting ‘‘proposals ‘‘(2) be available under open licenses. (B) by redesignating paragraphs (2) submitted to the Federal Chief Information ‘‘(c) OPEN LICENSE OR WORLDWIDE PUBLIC through (4) as paragraphs (1) through (3), re- Officer’’; DOMAIN DEDICATION REQUIRED.—When not spectively; and (ii) in paragraph (2), by striking ‘‘the Ad- otherwise prohibited by law, and to the ex- (C) by inserting after paragraph (3), as so ministrator’’ and inserting ‘‘the Federal tent practicable, Government data assets redesignated, the following: Chief Information Officer’’; and published by or for an agency shall be made ‘‘(4) ‘Federal Chief Information Officer’ (iii) in paragraph (4), by striking ‘‘the Ad- available under an open license or, if not means the Federal Chief Information Officer ministrator’’ and inserting ‘‘the Federal made available under an open license and ap- of the Office of the Federal Chief Informa- Chief Information Officer’’. propriately released, shall be considered to tion Officer established under section 3602;’’. (6) TECHNICAL AND CONFORMING AMEND- be published as part of the worldwide public (2) OFFICE OF THE FEDERAL CHIEF INFORMA- MENTS.— domain. TION OFFICER.—Section 3602 of title 44, United (A) TABLE OF SECTIONS.—The table of sec- ‘‘(d) INNOVATION.—Each agency may engage States Code, is amended— tions for chapter 36 of title 44, United States with nongovernmental organizations, citi- (A) in the heading, by striking ‘‘Electronic Code, is amended by striking the item relat- zens, non-profit organizations, colleges and Government’’ and inserting ‘‘the Federal ing to section 3602 and inserting the fol- universities, private and public companies, Chief Information Officer’’; lowing: and other agencies to explore opportunities (B) in subsection (a), by striking ‘‘Office of ‘‘3602. Office of the Federal Chief Infor- to leverage the agency’s public data asset in Electronic Government’’ and inserting ‘‘Of- mation Officer.’’.

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(B) POSITIONS AT LEVEL III.—Section 5314 of ‘‘(F) Non-public data assets. (1) in subsection (b)— title 5, United States Code, is amended by ‘‘(G) Government data assets generated by (A) in paragraph (1)(C), by striking ‘‘secu- striking ‘‘Administrator of the Office of applications, devices, networks, and equip- rity;’’ and inserting the following: ‘‘security Electronic Government’’ and inserting ‘‘Fed- ment, categorized by source type. by— eral Chief Information Officer’’. ‘‘(b) PUBLIC AVAILABILITY.—The Chief In- ‘‘(i) using open format for any new Govern- (C) OFFICE OF ELECTRONIC GOVERNMENT.— formation Officer of each agency shall use ment data asset created or obtained on the Section 507 of title 31, United States Code, is the guidance provided by the Director issued date that is 1 year after the date of enact- amended by striking ‘‘The Office of Elec- pursuant to section 3504(a)(1)(C)(ii) to make ment of this clause; and tronic Government’’ and inserting ‘‘The Of- public data assets included in the Enterprise ‘‘(ii) to the extent practicable, encouraging fice of the Federal Chief Information Offi- Data Inventory publicly available in an open the adoption of open form for all open Gov- cer’’. format and under an open license. ernment data created or obtained before the (D) ELECTRONIC GOVERNMENT AND INFORMA- ‘‘(c) NON-PUBLIC DATA.—Non-public data date of enactment of this clause;’’. TION TECHNOLOGIES.—Section 305 of title 40, included in the Enterprise Data Inventory (B) in paragraph (4), by striking ‘‘sub- United States Code, is amended by striking may be maintained in a non-public section of chapter; and’’ and inserting ‘‘subchapter and ‘‘Administrator of the Office of Electronic the inventory. a review of each agency’s Enterprise Data In- Government’’ and inserting ‘‘Federal Chief ‘‘(d) AVAILABILITY OF ENTERPRISE DATA IN- ventory described in section 3523;’’; VENTORY.—The Chief Information Officer of Information Officer’’. (C) in paragraph (5), by striking the period each agency— (E) CAPITAL PLANNING AND INVESTMENT CON- at the end and inserting ‘‘; and’’; and ‘‘(1) shall make the Enterprise Data Inven- TROL.—Section 11302(c)(4) of title 40, United (D) by adding at the end the following: tory available to the public on Data.gov; States Code, is amended by striking ‘‘Admin- ‘‘(6) in consultation with the Director, de- ‘‘(2) shall ensure that access to the Enter- istrator of the Office of Electronic Govern- velop an open data plan as a part of the re- prise Data Inventory and the data contained ment’’ each place it appears and inserting quirement for a strategic information re- therein is consistent with applicable law and ‘‘Federal Chief Information Officer’’. sources management plan described in para- regulation; and (F) RESOURCES, PLANNING, AND PORTFOLIO graph (2) that, at a minimum and to the ex- ‘‘(3) may implement paragraph (1) in a MANAGEMENT.—The second subsection (c) of tent practicable— manner that maintains a non-public portion section 11319 of title 40, United States Code, ‘‘(A) requires the agency to develop proc- of the Enterprise Data Inventory. is amended by striking ‘‘Administrator of esses and procedures that— ‘‘(e) REGULAR UPDATES REQUIRED.—The ‘‘(i) require each new data collection mech- the Office of Electronic Government’’ each Chief Information Officer of each agency place it appears and inserting ‘‘Federal Chief anism to use an open format; and shall— ‘‘(ii) allow the agency to collaborate with Information Officer’’. ‘‘(1) to the extent practicable, complete the (G) ADDITIONAL TECHNICAL AND CONFORMING non-Government entities, researchers, busi- Enterprise Data Inventory for the agency nesses, and private citizens for the purpose AMENDMENTS.— not later than 1 year after the date of enact- (i) Section 2222(i)(6) of title 10, United of understanding how data users value and ment of this section; and use open Government data; States Code, is amended by striking ‘‘section ‘‘(2) add additional data assets to the En- 3601(4)’’ and inserting ‘‘section 3601(3)’’. ‘‘(B) identifies and implements methods for terprise Data Inventory for the agency not collecting and analyzing digital information (ii) Section 506D(k)(1) of the National Se- later than 90 days after the date on which curity Act of 1947 (50 U.S.C. 3100(k)(1)) is on data asset usage by users within and out- the data asset is created or identified. side of the agency, including designating a amended by striking ‘‘section 3601(4)’’ and in- ‘‘(f) USE OF EXISTING RESOURCES.—When serting ‘‘section 3601(3)’’. point of contact within the agency to assist practicable, the Chief Information Officer of the public and to respond to quality issues, (7) RULE OF CONSTRUCTION.—The amend- each agency shall use existing procedures usability, recommendations for improve- ments made by this subsection are for the and systems to compile and publish the En- purpose of changing the name of the Office of ments, and complaints about adherence to terprise Data Inventory for the agency.’’. open data requirements in accordance with Electronic Government and the Adminis- (2) TECHNICAL AND CONFORMING AMEND- trator of such office and shall not be con- subsection (d)(2); MENT.—The table of sections for subchapter I ‘‘(C) develops and implements a process to strued to affect any of the substantive provi- of chapter 35 of title 44, United States Code, evaluate and improve the timeliness, com- sions of the provisions amended or to require as amended by section 5, is amended by in- pleteness, accuracy, usefulness, and avail- a new appointment by the President. serting after the item relating to section 3522 ability of open Government data; SEC. 1099D. DATA INVENTORY AND PLANNING. the following: ‘‘(D) requires the agency to update the (a) ENTERPRISE DATA INVENTORY.— ‘‘3523. Enterprise data inventory.’’. plan at an interval determined by the Direc- (1) AMENDMENT.—Subchapter I of chapter (b) STANDARDS FOR ENTERPRISE DATA IN- tor; 35 of title 44, United States Code, as amended VENTORY.—Section 3504(a)(1) of title 44, ‘‘(E) includes requirements for meeting the by section 1099B, is amended by adding at United States Code, is amended— goals of the agency open data plan including the end the following: (1) in subparagraph (A), by striking ‘‘; and’’ technology, training for employees, and im- ‘‘§ 3523. Enterprise data inventory and inserting a semicolon; plementing procurement standards, in ac- ‘‘(a) AGENCY DATA INVENTORY REQUIRED.— (2) in subparagraph (B)(vi), by striking the cordance with existing law, that allow for ‘‘(1) IN GENERAL.—In order to develop a period at the end and inserting ‘‘; and’’; and the acquisition of innovative solutions from clear and comprehensive understanding of (3) by adding at the end the following: the public and private sector; and the data assets in the possession of an agen- ‘‘(C) issue standards for the Enterprise ‘‘(F) prohibits the dissemination and acci- cy, the head of each agency, in consultation Data Inventory described in section 3523, in- dental disclosure of nonpublic data assets.’’; with the Director of the Office of Manage- cluding— (2) in subsection (c), by striking ‘‘With re- ment and Budget, shall develop and maintain ‘‘(i) a requirement that the Enterprise spect to’’ and inserting ‘‘Except as provided an enterprise data inventory (in this section Data Inventory include a compilation of under subsection (j), with respect to’’; referred to as the ‘Enterprise Data Inven- metadata about agency data assets; and (3) in subsection (d)— tory’) that accounts for any data asset cre- ‘‘(ii) criteria that the head of each agency (A) in the matter preceding paragraph (1), ated, collected, under the control or direc- shall use in determining whether to make a by striking ‘‘shall’’; tion of, or maintained by the agency after particular data asset publicly available in a (B) in paragraph (1)— the effective date of this section, with the ul- manner that takes into account— (i) in the matter preceding subparagraph timate goal of including all data assets, to ‘‘(I) the expectation of confidentiality as- (A), by inserting ‘‘shall’’ before ‘‘ensure’’; the extent practicable. sociated with an individual data asset; (ii) in subparagraph (A), by striking ‘‘(2) CONTENTS.—The Enterprise Data In- ‘‘(II) security considerations, including the ‘‘sources’’ and inserting ‘‘sources and uses’’; ventory shall include each of the following: risk that information in an individual data and ‘‘(A) Data assets used in agency informa- asset in isolation does not pose a security (iii) in subparagraph (C), by inserting ‘‘, in- tion systems, including program administra- risk but when combined with other available cluding providing access to open Government tion, statistical, and financial activity. information may pose such a risk; data online’’ after ‘‘economical manner’’; ‘‘(B) Data assets shared or maintained ‘‘(III) the cost and value to the public of (C) in paragraph (2), by inserting ‘‘shall’’ across agency programs and bureaus. converting the data into a manner that before ‘‘regularly’’; ‘‘(C) Data assets that are shared among could be understood and used by the public; (D) in paragraph (3)— agencies or created by more than 1 agency. ‘‘(IV) the expectation that all data assets (i) by inserting ‘‘shall’’ before ‘‘provide’’; ‘‘(D) A clear indication of all data assets that would otherwise be made available and that can be made publicly available under under section 552 of title 5 (commonly re- (ii) by striking ‘‘; and’’ and inserting a section 552 of title 5 (commonly referred to ferred to as the ‘Freedom of Information semicolon; as the ‘Freedom of Information Act’). Act’) be disclosed; and (E) in paragraph (4)— ‘‘(E) A description of whether the agency ‘‘(V) any other considerations that the Di- (i) in the matter preceding subparagraph has determined that an individual data asset rector determines to be relevant.’’. (A), by inserting ‘‘may’’ before ‘‘not’’; and may be made publicly available and whether (c) FEDERAL AGENCY RESPONSIBILITIES.— (ii) by striking the period at the end and the data asset is currently available to the Section 3506 of title 44, United States Code, inserting a semicolon; and public. is amended— (F) by adding at the end the following:

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‘‘(5) shall take the necessary precautions (f) GAO REPORT.—Not later than 3 years ‘‘(11) ensuring that, to the extent prac- to ensure that the agency maintains the pro- after the date of enactment of this Act, the ticable, the agency is maximizing its own duction and publication of data assets which Comptroller General of the United States use of data, including data generated by ap- are directly related to activities that protect shall submit to the Committee on Homeland plications, devices, networks, and equipment the safety of human life or property, as iden- Security and Governmental Affairs of the owned by the Government and such use is tified by the open data plan of the agency re- Senate and the Committee on Oversight and not otherwise prohibited, to reduce costs, quired by subsection (b)(6); and Government Reform of the House of Rep- improve operations, and strengthen security ‘‘(6) may engage the public in using open resentatives a report that identifies— and privacy protections; and Government data and encourage collabora- (1) the value of information made available ‘‘(12) identifying points of contact for roles tion by— to the public as a result of this subtitle and and responsibilities related to open data use ‘‘(A) publishing information on open Gov- the amendments made by this subtitle; and implementation as required by the Di- ernment data usage in regular, timely inter- (2) whether it is valuable to expand the rector of the Office of Management and vals, but not less than annually; publicly available information to any other Budget.’’. ‘‘(B) receiving public input regarding prior- data assets; and (2) ADDITIONAL DEFINITIONS.—Section 11315 ities for the analysis and disclosure of data (3) the completeness of the Enterprise Data of title 40, United States Code, is amended by assets to be published; Inventory at each agency required under sec- adding at the end the following: ‘‘(C) assisting civil society groups and tion 3523 of title 44, United States Code, as ‘‘(d) ADDITIONAL DEFINITIONS.—In this sec- members of the public working to expand the added by this section. tion, the terms ‘data’, ‘data asset’, ‘Enter- use of open Government data; and SEC. 8. TECHNOLOGY PORTAL. prise Data Inventory’, and ‘open Government ‘‘(D) hosting challenges, competitions, (a) AMENDMENT.—Subchapter I of chapter data’ have the meanings given those terms events, or other initiatives designed to cre- 35 of title 44, United States Code, is amended in section 3502 of title 44.’’. (b) AMENDMENT.—Section 3603(f) of title 44, ate additional value from open Government by inserting after section 3511 the following: United States Code, is amended by adding at data.’’; and ‘‘§ 3511A. Technology portal the end the following: (4) by adding at the end the following: ‘‘(a) DATA.GOV REQUIRED.—The Adminis- ‘‘(8) Work with the Office of Government ‘‘(j) COLLECTION OF INFORMATION EXCEP- trator of General Services shall maintain a Information Services and the Director of the TION.—Notwithstanding subsection (c), an single public interface online as a point of Office of Science and Technology Policy to agency is not required to meet the require- entry dedicated to sharing open Government promote data interoperability and com- ments of paragraphs (2) and (3) of such sub- data with the public. parability of data assets across the Govern- section if— ‘‘(b) COORDINATION WITH AGENCIES.—The ‘‘(1) the waiver of those requirements is ap- Director of the Office of Management and ment.’’. proved by the head of the agency; Budget shall determine, after consultation SEC. 1099F. EVALUATION OF AGENCY ANALYT- ICAL CAPABILITIES. ‘‘(2) the collection of information is— with the head of each agency and the Admin- (a) AGENCY REVIEW OF EVALUATION AND ‘‘(A) online and electronic; istrator of General Services, the method to ANALYSIS CAPABILITIES; REPORT.—Not later ‘‘(B) voluntary and there is no perceived or access any open Government data published than 3 years after the date of enactment of actual tangible benefit to the provider of the through the interface described in subsection (a).’’. this Act, the Chief Operating Officer of each information; agency shall submit to the Committee on ‘‘(C) of an extremely low burden that is (b) TECHNICAL AND CONFORMING AMEND- MENT.—The table of sections for subchapter I Homeland Security and Governmental Af- typically completed in 5 minutes or less; and fairs of the Senate, the Committee on Over- ‘‘(D) focused on gathering input about the of chapter 35 of title 44, United States Code, as amended by this subtitle, is amended by sight and Government Reform of the House performance of, or public satisfaction with, of Representatives, and the Director of the an agency providing service; and inserting after the item relating to section 3511 the following: Office of Management and Budget a report ‘‘(3) the agency publishes representative on the review described in subsection (b). ‘‘3511A. Technology portal.’’. summaries of the collection of information (b) REQUIREMENTS OF AGENCY REVIEW.—The under subsection (c).’’. (c) DEADLINE.—Not later than 180 days report required under subsection (a) shall as- (d) REPOSITORY.—The Director of the Office after the date of enactment of this Act, the sess the coverage, quality, methods, effec- of Management and Budget shall collaborate Administrator of General Services shall tiveness, and independence of the agency’s with the Office of Government Information meet the requirements of section 3511A(a) of evaluation research and analysis efforts, in- Services and the Administrator of General title 44, United States Code, as added by sub- cluding each of the following: Services to develop and maintain an online section (a). (1) A list of the activities and operations of repository of tools, best practices, and sche- SEC. 1099E. ENHANCED RESPONSIBILITIES FOR the agency that are being evaluated and ana- ma standards to facilitate the adoption of CHIEF INFORMATION OFFICERS AND lyzed and the activities and operations that open data practices. The repository shall— CHIEF INFORMATION OFFICERS have been evaluated and analyzed during the (1) include definitions, regulation and pol- COUNCIL DUTIES. previous 5 years. (a) AGENCY CHIEF INFORMATION OFFICER icy, checklists, and case studies related to (2) The extent to which the evaluations re- GENERAL RESPONSIBILITIES.— open data, this subtitle, and the amendments search and analysis efforts and related ac- (1) GENERAL RESPONSIBILITIES.—Section made by this subtitle; and tivities of the agency support the needs of 11315(b) of title 40, United States Code, is (2) facilitate collaboration and the adop- various divisions within the agency. amended— tion of best practices across the Federal Gov- (3) The extent to which the evaluation re- (A) in paragraph (2), by striking ‘‘; and’’ ernment relating to the adoption of open search and analysis efforts and related ac- data practices. and inserting a semicolon; tivities of the agency address an appropriate (e) SYSTEMATIC AGENCY REVIEW OF OPER- (B) in paragraph (3), by striking the period balance between needs related to organiza- ATIONS.—Section 305 of title 5, United States at the end and inserting a semicolon; and tional learning, ongoing program manage- Code, is amended— (C) by adding at the end the following: ment, performance management, strategic (1) in subsection (b), by adding at the end ‘‘(4) data asset management, format stand- management, interagency and private sector the following: ‘‘To the extent practicable, ardization, sharing of data assets, and publi- coordination, internal and external over- each agency shall use existing data to sup- cation of data assets; sight, and accountability. port such reviews if the data is accurate and ‘‘(5) the compilation and publication of the (4) The extent to which the agency uses complete.’’; Enterprise Data Inventory for the agency re- methods and combinations of methods that (2) in subsection (c)— quired under section 3523 of title 44; are appropriate to agency divisions and the (A) by redesignating paragraphs (2) and (3) ‘‘(6) ensuring that agency data conforms corresponding research questions being ad- as paragraphs (3) and (4), respectively; and with open data best practices; dressed, including an appropriate combina- (B) by inserting after paragraph (1) the fol- ‘‘(7) ensuring compliance with the require- tion of formative and summative evaluation lowing: ments of subsections (b), (c), (d), and (f) of research and analysis approaches. ‘‘(2) determining the status of achieving section 3506 of title 44; (5) The extent to which evaluation and re- the mission, goals, and objectives of the ‘‘(8) engaging agency employees, the pub- search capacity is present within the agency agency as described in the strategic plan of lic, and contractors in using open Govern- to include personnel, agency process for the agency published pursuant to section ment data and encourage collaborative ap- planning and implementing evaluation ac- 306;’’; and proaches to improving data use; tivities, disseminating best practices and (3) by adding at the end the following: ‘‘(9) supporting the agency Performance findings, and incorporating employee views ‘‘(d) OPEN DATA COMPLIANCE REPORT.—Not Improvement Officer in generating data to and feedback. later than 1 year after the date of enactment support the function of the Performance Im- (6) The extent to which the agency has the of this subsection, and every 2 years there- provement Officer described in section capacity to assist front-line staff and pro- after, the Director of the Office of Manage- 1124(a)(2) of title 31; gram offices to develop the capacity to use ment and Budget shall electronically publish ‘‘(10) reviewing the information technology evaluation research and analysis approaches a report on agency performance and compli- infrastructure of the agency and the impact and data in the day-to-day operations. ance with the Open, Public, Electronic, and of such infrastructure on making data assets (c) GAO REVIEW OF AGENCY REPORTS.—Not Necessary Government Data Act and the accessible to reduce barriers that inhibit later than 4 years after the date of enact- amendments made by that Act.’’. data asset accessibility; ment of this Act, the Comptroller General of

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00120 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.048 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3593 the United States shall submit to Congress a At the end of subtitle I of title X, add the disposition of a preconstruction permit ap- report that summarizes agency findings and following: plication until the date on which the Admin- highlights trends from the reports submitted SEC. 1097. EXTENSION OF DEADLINE FOR MILI- istrator publishes the final regulations and pursuant to subsection (a) and, if appro- TARY TRAINING STATES. guidance. priate, recommends actions to further im- (a) DESIGNATION SUBMISSION.—Notwith- prove agency capacity to use evaluation standing any other provision of law, not SA 4537. Mr. RUBIO submitted an techniques and data to support evaluation later than October 26, 2024, in the case of a amendment intended to be proposed by efforts. State in which an installation or activity of him to the bill S. 2943, to authorize ap- SEC. 1099G. EFFECTIVE DATE. the Department of Defense (as defined in sec- propriations for fiscal year 2017 for This subtitle, and the amendments made tion 101(a)(6) of title 10, United States Code) is located, with respect to the final rule enti- military activities of the Department by this subtitle, shall take effect on the date of Defense, for military construction, that is 180 days after the date of enactment tled ‘‘National Ambient Air Quality Stand- of this Act. ards for Ozone’’ (80 Fed. Reg. 65292 (October and for defense activities of the De- 26, 2015)) (referred to in this section as the partment of Energy, to prescribe mili- SA 4534. Mr. UDALL submitted an ‘‘2015 ozone standards)’’, the Governor of tary personnel strengths for such fiscal amendment intended to be proposed by each State, in accordance with section 107(d) year, and for other purposes; which was of the Clean Air Act (42 U.S.C. 7407(d)) shall ordered to lie on the table; as follows: him to the bill S. 2943, to authorize ap- designate all areas, or portions of areas, of propriations for fiscal year 2017 for the State as attainment, nonattainment, or At the end of subtitle E of title III, add the military activities of the Department unclassified with respect to the 2015 ozone following: of Defense, for military construction, standards. SEC. 341. MITIGATION OF RISKS POSED BY ZIKA and for defense activities of the De- (b) DESIGNATION PROMULGATION.—Notwith- VIRUS. partment of Energy, to prescribe mili- standing any other provision of law, not (a) INSECT REPELLANT AND OTHER MEAS- URES TO PROTECT SERVICE MEMBERS FROM tary personnel strengths for such fiscal later than October 26, 2025, in the case of a State in which an installation or activity of THE ZIKA VIRUS.—Funds authorized to be ap- year, and for other purposes; which was the Department of Defense is located, the propriated by this Act or otherwise made ordered to lie on the table; as follows: Administrator of the Environmental Protec- available for operation and maintenance, De- On page 1086, between lines 18 and 19, insert tion Agency shall promulgate final designa- fense-wide, shall be made available for the the following: tions under section 107(d) of the Clean Air deployment of insect repellant and other ap- ‘‘(D) Comprehensive evaluations of the Act (42 U.S.C. 7407(d)) for all areas of the propriate measures for members of the short-term, medium-term, and, when appro- State with respect to the 2015 ozone stand- Armed Forces and Department of Defense ci- priate, long-term effectiveness of initiatives ards, including any modification to a des- vilian personnel stationed in or deployed to to build partner capacities informed by the ignation submitted under subsection (a). areas affected by the Zika virus, as well as perspectives of the recipient countries on (c) STATE IMPLEMENTATION PLANS.—Not- the treatment for insects at military instal- such effectiveness of such programs and ac- withstanding the deadline described in sec- lations located in areas affected by the Zika tivities, including regular evaluations of tion 110(a)(1) of the Clean Air Act (42 U.S.C. virus inside and outside the United States. such initiatives in the geographic area of re- 7410(a)(1)), not later than October 26, 2026, in The Department shall provide support as ap- sponsibility of each geographic combatant the case of a State in which an installation propriate to foreign governments to counter command, where applicable. or activity of the Department of Defense is insects at foreign military installations located, the State shall submit to the Ad- where members of the Armed Forces and De- SA 4535. Mrs. ERNST submitted an ministrator of the Environmental Protection partment of Defense civilian personnel are amendment intended to be proposed by Agency an implementation plan required stationed in areas affected by the Zika virus. her to the bill S. 2943, to authorize ap- under that section with respect to the 2015 (b) REPORT ON EFFORTS TO MITIGATE RISK ozone standards. TO SERVICE MEMBERS POSED BY THE ZIKA propriations for fiscal year 2017 for (d) PRECONSTRUCTION PERMITS.— military activities of the Department VIRUS.—Not later than 90 days after the date (1) IN GENERAL.—In the case of a State in of the enactment of this Act, the Secretary of Defense, for military construction, which an installation or activity of the De- of Defense shall submit to the congressional and for defense activities of the De- partment of Defense is located, the 2015 defense committees a report on the risk partment of Energy, to prescribe mili- ozone standards shall not apply to the review members of the Armed Forces face of con- tary personnel strengths for such fiscal and disposition of a preconstruction permit tracting the Zika virus and the mitigation year, and for other purposes; which was application required under part C or D of efforts being taken by the Department of De- ordered to lie on the table; as follows: title I of the Clean Air Act (42 U.S.C. 7470 et fense in response. The report shall include a seq.) if the Administrator or the State, local, strategy to counter the virus should it be- At the end of subtitle I of title X, add the or tribal permitting authority, as applica- following: come a long-term issue. ble— (c) AREAS AFFECTED BY THE ZIKA VIRUS DE- SEC. 1097. MEAT OPTIONS. (A) determines that the preconstruction FINED.—In this section, the term ‘‘areas af- (a) IN GENERAL.—Dining facilities of the permit application is complete before the fected by the Zika virus’’ means areas under Department of Defense and the Department date on which final designations are promul- a level 2 or level 3 travel advisory notice of Homeland Security, in the case of the gated; or issued by the Centers for Disease Control and Coast Guard when it is not operating as a (B) publishes a public notice of a prelimi- Prevention related to the Zika virus. service in the Navy, shall provide members nary determination or draft permit before of the Armed Forces on a daily basis with the date that is 60 days after the date on SA 4538. Mrs. MURRAY (for herself, meat options that meet or exceed the nutri- which final designations are promulgated. Mr. BLUMENTHAL, Mr. BROWN, and Ms. tional standards established in the most re- (2) GUIDANCE FOR IMPLEMENTATION.—In MIKULSKI) submitted an amendment in- cent Dietary Guidelines for Americans pub- publishing any final rule establishing or re- lished under section 301 of the National Nu- vising a national ambient air quality stand- tended to be proposed by her to the bill trition Monitoring and Related Research Act ard, the Administrator shall, as the Adminis- S. 2943, to authorize appropriations for of 1990 (7 U.S.C. 5341). trator determines necessary to assist States, fiscal year 2017 for military activities (b) PROHIBITION.—None of the funds author- permitting authorities, and permit appli- of the Department of Defense, for mili- ized to be appropriated by this Act may be cants, concurrently publish final regulations tary construction, and for defense ac- obligated or expended to establish or enforce and guidance for implementing the national tivities of the Department of Energy, ‘‘Meatless Monday’’ or any other program ambient air quality standard, including in- explicitly designed to reduce the amount of to prescribe military personnel formation relating to submission and consid- strengths for such fiscal year, and for animal protein that members of the Armed eration of a preconstruction permit applica- Forces voluntarily consume. tion under the new or revised national ambi- other purposes; which was ordered to ent air quality standard. lie on the table; as follows: SA 4536. Mr. CASSIDY submitted an (3) APPLICABILITY OF NATIONAL AMBIENT AIR Strike section 862. amendment intended to be proposed by QUALITY STANDARD TO PRECONSTRUCTION PER- him to the bill S. 2943, to authorize ap- MITTING.—If the Administrator fails to pub- SA 4539. Mrs. MURRAY (for herself, propriations for fiscal year 2017 for lish the final regulations and guidance re- Mr. BLUMENTHAL, Mr. BROWN, and Ms. military activities of the Department ferred to in paragraph (2) that include infor- MIKULSKI) submitted an amendment in- of Defense, for military construction, mation relating to submission and consider- tended to be proposed by her to the bill and for defense activities of the De- ation of a preconstruction permit applica- S. 2943, to authorize appropriations for tion under a new or revised national ambient partment of Energy, to prescribe mili- air quality standard concurrently with the fiscal year 2017 for military activities tary personnel strengths for such fiscal national ambient air quality standard, the of the Department of Defense, for mili- year, and for other purposes; which was new or revised national ambient air quality tary construction, and for defense ac- ordered to lie on the table; as follows: standard shall not apply to the review and tivities of the Department of Energy,

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00121 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.048 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3594 CONGRESSIONAL RECORD — SENATE June 7, 2016 to prescribe military personnel At the end of subtitle E of title V, add the At the end of subtitle I of title X, add the strengths for such fiscal year, and for following: following: other purposes; which was ordered to SEC. 565. COMPTROLLER GENERAL OF THE SEC. 1097. NATIONAL LANGUAGE SERVICE lie on the table; as follows: UNITED STATES REPORT ON THE CORPS. DEMOGRAPHIC COMPOSITION OF Section 813(a)(1) of the David L. Boren Na- At the end of subtitle B of title VIII of di- THE SERVICE ACADEMIES. tional Security Education Act of 1991 (50 vision A, insert the following: (a) REPORT.—Not later than 180 days after U.S.C. 1913(a)(1)) is amended by striking SEC. 829K. PROHIBITION ON CONTRACTING WITH the date of the enactment of this Act, the ‘‘may’’ and inserting ‘‘shall’’. EMPLOYERS THAT ENGAGE IN WAGE Comptroller General of the United States THEFT BY STEALING EMPLOYEES’ shall submit to the Committees on Armed SA 4544. Mr. BOOKER submitted an WAGES. Services of the Senate and the House of Rep- amendment intended to be proposed by (a) IN GENERAL.—Notwithstanding section 829H, the Secretary of Defense may not enter resentatives a report on the demographic him to the bill S. 2943, to authorize ap- into any contract described in subsection (b) composition of the service academies. propriations for fiscal year 2017 for with any person or business that the Labor (b) ELEMENTS.—The report required by sub- military activities of the Department Compliance Advisor of the Department of section (a) shall include, for each service of Defense, for military construction, academy, the following: Defense determines to have owed, during the and for defense activities of the De- 3-year period preceding the request for pro- (1) The gender and ethnic group (in this subsection referred as the ‘‘demographic partment of Energy, to prescribe mili- posals for the contract, employees, or indi- tary personnel strengths for such fiscal viduals who are former employees, a cumu- composition’’) of the recruits in the four lative amount of more than $100,000 in un- most recent matriculating classes. year, and for other purposes; which was paid wages and associated damages resulting (2) The demographic composition of the ordered to lie on the table; as follows: from violations of the Fair Labor Standards nominees in the four most recent matricu- At the end of subtitle C of title V, add the Act of 1938 (29 U.S.C. 201 et seq.) as deter- lating classes. following: mined by the Secretary of Labor or a court (3) The demographic composition of the ap- SEC. 538. ACCOMMODATIONS FOR THE WEARING of competent jurisdiction. plicants in the four most recent matricu- OF ARTICLES OF FAITH ALONG WITH THE UNIFORM FOR MEMBERS OF (b) APPLICABLE CONTRACT.—A contract de- lating classes. THE ARMED FORCES. scribed in this subsection is any procure- (4) The demographic composition of the four most recent graduating classes. (a) SENSE OF CONGRESS.—It is the sense of ment contract for goods and services, includ- Congress that, in order to increase the effi- (5) The number, demographic composition, ing construction, in which the estimated ciency of the process by which the Armed and current grades of graduates on active value of the supplies acquired and services Forces address religious accommodation re- duty of each graduating class that graduated required exceeds $500,000. quests, the Department of Defense should— 10 years, 20 years, and 25 years before the (1) expeditiously and clearly define and SA 4540. Mrs. MURRAY (for herself, current graduating class. publish a list of religious apparel considered Mr. BLUMENTHAL, Mr. BROWN, and Ms. (c) SERVICE ACADEMIES DEFINED.—In this ‘‘neat and conservative’’ for purposes of sec- section, the term ‘‘services academies’’ MIKULSKI) submitted an amendment in- tion 774 of title 10, United States Code, which means the following: tended to be proposed by her to the bill list should include uniform standards for ar- (1) The United States Military Academy. S. 2943, to authorize appropriations for ticles of faith such as those worn by observ- (2) The Naval Academy. fiscal year 2017 for military activities ant Sikhs, orthodox Jews, and Muslims; (3) The Air Force Academy. (2) modify the process for addressing reli- of the Department of Defense, for mili- (4) The Coast Guard Academy. gious accommodation requests in order to tary construction, and for defense ac- (5) The Merchant Marine Academy. tivities of the Department of Energy, provide that decisions on such requests of to prescribe military personnel SA 4542. Ms. HIRONO submitted an current members of the Armed Forces are issued not later than 30 calendar days after strengths for such fiscal year, and for amendment intended to be proposed by the filing of the requests; other purposes; which was ordered to her to the bill S. 2943, to authorize ap- (3) for individuals accessing into the lie on the table; as follows: propriations for fiscal year 2017 for Armed Forces, provide that decisions on reli- At the end of subtitle B of title VIII of di- military activities of the Department gious accommodation requests are made not vision A, insert the following: of Defense, for military construction, later than the earlier of— SEC. 829K. PROHIBITION ON CONTRACTING WITH and for defense activities of the De- (A) 30 calendar days after of the filing of DISCRIMINATORY CONTRACTORS. partment of Energy, to prescribe mili- the requests; or (a) IN GENERAL.—Notwithstanding section tary personnel strengths for such fiscal (B) the date on which such individuals ac- 829H, the Secretary of Defense may not enter cess into the Armed Forces; into any contract described in subsection (b) year, and for other purposes; which was (4) provide that— with any person or business that the Labor ordered to lie on the table; as follows: (A) any approval of a religious accommo- Compliance Advisor of the Department of At the end of subtitle I of title X, add the dation request of a member applies to the Defense determines to have engaged, during following: member throughout the member’s service in the 3–year period preceding the request for SEC. 1097. WATER RESOURCE AGREEMENTS WITH the Armed Forces; and proposals for the contract, in serious, re- FOREIGN ALLIES AND ORGANIZA- (B) a new religious accommodation request peated, willful, or pervasive discrimination TIONS IN SUPPORT OF CONTIN- be required of a member only if there is a GENCY OPERATIONS. (as defined under Executive Order 13673 (79 significant change in the member’s duties Fed. Reg. 45309; relating to Fair Pay and The Secretary of Defense, with the concur- that raises issues of health and welfare; Safe Workplaces)) on the basis of sex in the rence of the Secretary of State, is authorized (5) provide that members not be required payment of wages in violation of section 6(d) to enter into agreements with the govern- to violate their religious beliefs while a reli- of the Fair Labor Standards Act of 1938 ments of allied countries and organizations gious accommodation request is pending in a (commonly known as the ‘‘Equal Pay Act of described in section 2350(a)(2) of title 10, manner such that— 1963’’) (29 U.S.C. 206(d)) or of title VII of the United States Code, to develop land-based (A) while a request is pending, the member Civil Rights Act of 1964 (42 U.S.C. 2000e et water resources in support of and in prepara- concerned be permitted to wear articles of seq.). tion for contingency operations, including faith consistent with the member’s beliefs; (b) APPLICABLE CONTRACT.—A contract de- water efficiency, reuse, selection, pumping, and scribed in this subsection is any procure- purification, storage, research and develop- (B) individuals accessing into the Armed ment contract for goods and services, includ- ment, distribution, cooling, consumption, Forces be permitted to observe religious re- ing construction, in which the estimated water source intelligence, training, acquisi- quirements, including requirements for reli- value of the supplies acquired and services tion of water support equipment, and water gious apparel, grooming, and appearance, required exceeds $500,000. support operations. during the pendency of their requests; (6) provide that religious accommodation SA 4541. Ms. HIRONO submitted an SA 4543. Ms. HIRONO submitted an requests be approved at the lowest level pos- amendment intended to be proposed by amendment intended to be proposed by sible of command and, as appropriate, for- her to the bill S. 2943, to authorize ap- her to the bill S. 2943, to authorize ap- warded to the Secretary of the military de- propriations for fiscal year 2017 for propriations for fiscal year 2017 for partment; and military activities of the Department military activities of the Department (7) not require any unnecessary testing in of Defense, for military construction, of Defense, for military construction, connection with resolving religious accom- and for defense activities of the De- and for defense activities of the De- modation requests. (b) ANNUAL REPORTS ON RELIGIOUS ACCOM- partment of Energy, to prescribe mili- partment of Energy, to prescribe mili- MODATION PROCESSES OF THE ARMED tary personnel strengths for such fiscal tary personnel strengths for such fiscal FORCES.—Not later than one year after the year, and for other purposes; which was year, and for other purposes; which was date of the enactment of this Act, and annu- ordered to lie on the table; as follows: ordered to lie on the table; as follows: ally thereafter for the next seven years, the

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00122 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.049 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3595 Secretary of Defense shall submit to the (2) section 414 of the Foreign Relations Au- (2) in subsection (b)(1)— Committees on Armed Services of the Senate thorization Act, Fiscal Years 1990 and 1991 (A) in the matter preceding subparagraph and the House of Representatives a report (Public Law 101–246; 22 U.S.C. 287e note). (A), by striking ‘‘of this section’’ and insert- setting forth the following: ing ‘‘under subsection (a)’’; (1) A description of the current process of SA 4547. Mr. BROWN submitted an (B) in subparagraph (A), by inserting ‘‘and each Armed Force for addressing religious amendment intended to be proposed by crew’’ after ‘‘prospective passengers’’; accommodation requests. him to the bill S. 2943, to authorize ap- (C) in subparagraph (B), by inserting ‘‘or (2) The number of religious accommoda- propriations for fiscal year 2017 for crew member’’ after ‘‘passenger’’; tion requests submitted to each Armed Force military activities of the Department (D) in subparagraph (C), by striking ‘‘and’’ at the end; and during the one-year period ending on the of Defense, for military construction, date of such report. (E) by striking subparagraph (D) and in- (3) The average processing time of each and for defense activities of the De- serting the following: Armed Force for religious accommodation partment of Energy, to prescribe mili- ‘‘(D) the owner or managing operator of requests during such period. tary personnel strengths for such fiscal the vessel shall— (4) A comparison of the number and nature year, and for other purposes; which was ‘‘(i) make annual structural alterations to of religious accommodation requests ap- ordered to lie on the table; as follows: at least 10 percent of the areas of the vessel proved during such period with the number At the end of subtitle I of title X, add the that are not constructed of fire-retardant and description of grooming standard exemp- following: materials; tions approved during such period, set forth SEC. 1097. PROHIBITION ON DISCRIMINATION ‘‘(ii) provide advance notice to the Coast by Armed Force. AGAINST CERTAIN Guard regarding the alterations made pursu- (5) A description of the impact, if any, on SERVICEMEMBERS WITH RESPECT ant to clause (i); and members of the need for renewed religious TO CREDIT TRANSACTIONS. ‘‘(iii) comply with any noncombustible ma- accommodation requests in connection with (a) IN GENERAL.—Title II of the terial requirements prescribed by the Coast promotion, new duties, or transition through Servicemembers Civil Relief Act (50 U.S.C. Guard; and commands during such period, set forth by 3931 et seq.) is amended by adding at the end ‘‘(E) the requirements referred to in sub- Armed Force. the following: paragraph (D)(iii) shall be consistent, to the (c) RELIGIOUS ACCOMMODATION REQUEST DE- ‘‘SEC. 209. PROHIBITION ON DISCRIMINATION IN extent practicable, with the preservation of FINED.—In this section, the term ‘‘religious CREDIT TRANSACTIONS. the historic integrity of the vessel in areas accommodation request’’ means the request ‘‘(a) PROHIBITION.—It shall be unlawful for carrying or accessible to passengers or gen- of a member of the Armed Forces to wear ar- any creditor to discriminate against a cov- erally visible to the public.’’. ered servicemember with respect to any as- ticles of faith consistent with the member’s Mr. REED (for himself and beliefs along with the uniform. pect of a credit transaction because of the SA 4549. status of the covered servicemember as a Ms. MIKULSKI) proposed an amendment SA 4545. Mr. VITTER submitted an covered servicemember. to amendment SA 4229 proposed by Mr. amendment intended to be proposed by ‘‘(b) ENFORCEMENT.—In addition to the en- MCCAIN to the bill S. 2943, to authorize him to the bill S. 2943, to authorize ap- forcement authority under title VIII, the Bu- appropriations for fiscal year 2017 for reau of Consumer Financial Protection shall military activities of the Department propriations for fiscal year 2017 for be authorized to enforce the requirements of military activities of the Department of Defense, for military construction, this section. and for defense activities of the De- of Defense, for military construction, ‘‘(c) DEFINITIONS.—In this section: and for defense activities of the De- ‘‘(1) The term ‘covered servicemember’ partment of Energy, to prescribe mili- partment of Energy, to prescribe mili- means a service member as follows: tary personnel strengths for such fiscal tary personnel strengths for such fiscal ‘‘(A) A servicemember on active duty, as year, and for other purposes; as fol- year, and for other purposes; which was defined in section 101(d)(1) of title 10, United lows: States Code. At the end, add the following: ordered to lie on the table; as follows: ‘‘(B) A servicemember on active duty for a At the end of subtitle I of title X, add the SEC. 1513. OTHER OVERSEAS CONTINGENCY OP- period of more than 30 days, as defined in ERATIONS MATTERS. following: section 101(d)(2) of title 10, United States (a) ADJUSTMENTS.—Section 101(d) of the Bi- SEC. 1097. REPORT ON SUPPLIES OF HEAVY Code. partisan Budget Act of 2015 (Public Law 114– WATER FOR SCIENTIFIC AND COM- ‘‘(C) A servicemember on active Guard and 74; 129 Stat. 587) is amended— MERCIAL RESEARCH. Reserve duty, as defined in section 101(d)(6) (1) by striking paragraph (2)(B) and insert- Not later than 60 days after the date of en- of title 10, United States Code. ing the following: actment of this Act, the Secretary of Energy ‘‘(2) The term ‘creditor’ has the meaning ‘‘(B) for fiscal year 2017, $76,798,000,000.’’; shall submit to the appropriate committees given that term in section 702 of the Equal and of Congress a report that addresses the op- Credit Opportunity Act (15 U.S.C. 1691a).’’. (2) by inserting after paragraph (2) the fol- tions available to the Federal Government (b) CLERICAL AMENDMENT.—The table of lowing: for meeting domestic requirements for sup- contents in section 1(b) of the ‘‘(3) For purposes authorized by section plies of heavy water for scientific and com- Servicemembers Civil Relief Act (50 U.S.C. 1513(b) of the National Defense Authorization mercial research. 3901 et seq.) is amended by inserting after Act of 2017, $18,000,000,000.’’. the item relating to section 208 the following (b) ADDITIONAL PURPOSES.—In addition to SA 4546. Mr. VITTER submitted an new item: amounts already authorized to be appro- amendment intended to be proposed by ‘‘Sec. 209. Prohibition on discrimination in priated or made available under an appro- him to the bill S. 2943, to authorize ap- credit transactions.’’. priation Act making appropriations for fis- propriations for fiscal year 2017 for cal year 2017, there are authorized to be ap- military activities of the Department SA 4548. Mr. BROWN (for himself, propriated for fiscal year 2017— (1) $2,000,000,000 to address cybersecurity of Defense, for military construction, Mr. BLUNT, Mrs. MCCASKILL, and Mr. vulnerabilities, which shall be allocated by and for defense activities of the De- PORTMAN) submitted an amendment in- the Director of the Office of Management partment of Energy, to prescribe mili- tended to be proposed by him to the and Budget among nondefense agencies; tary personnel strengths for such fiscal bill S. 2943, to authorize appropriations (2) $1,100,000,000 to address the heroin and year, and for other purposes; which was for fiscal year 2017 for military activi- opioid crisis, including funding for law en- ordered to lie on the table; as follows: ties of the Department of Defense, for forcement, treatment, and prevention; At the end of subtitle H of title XII, add military construction, and for defense (3) $1,900,000,000 for budget function 150 to the following: activities of the Department of Energy, implement the integrated campaign plan to SEC. 1277. LIMITATION ON FUNDING FOR UNITED to prescribe military personnel counter the Islamic State of Iraq and the Le- NATIONS FRAMEWORK CONVENTION vant, for assistance under the Food for Peace ON CLIMATE CHANGE. strengths for such fiscal year, and for Act (7 U.S.C. 1721 et seq.), for assistance for None of the funds authorized to be appro- other purposes; which was ordered to Israel, Jordan, and Lebanon, and for embassy priated by this Act or any other Act may be lie on the table; as follows: security; obligated or expended for the United Nations At the end of title XXXV, add the fol- (4) $1,400,000,000 for security and law en- Framework Convention on Climate Change, lowing: forcement needs, including funding for— or subsidiary entities including the Green SEC. 3503. FIRE-RETARDANT MATERIALS EXEMP- (A) the Department of Homeland Secu- Climate Fund, as long as Palestine is recog- TION. rity— nized as a party to the Convention, as re- Section 3503 of title 46, United States Code, (i) for the Transportation Security Admin- quired by— is amended— istration to reduce wait times and improve (1) section 410 of the Foreign Relations Au- (1) in subsection (a), by striking ‘‘2008, this security; thorization Act, Fiscal Years 1994 and 1995 section does not’’ and inserting ‘‘2028, this (ii) to hire 2,000 new Customs and Border (Public Law 103–236; 22 U.S.C. 287e note); and subsection shall not’’; and Protection Officers; and

VerDate Sep 11 2014 05:41 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.050 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE S3596 CONGRESSIONAL RECORD — SENATE June 7, 2016 (iii) for the Coast Guard; At the end of subtitle A of title VII, add the capacity of partner countries in the re- (B) law enforcement at the Department of the following: gion to detect, monitor, and interdict traf- Justice, such as the Federal Bureau of Inves- SEC. 709. EXCEPTION TO INCREASE IN COST- ficking in illegal drugs. tigation and hiring under the Community SHARING REQUIREMENTS FOR (5) Such other matters relating to the ef- Oriented Policing Services program; and TRICARE PHARMACY BENEFITS PRO- forts of the United States military to detect (C) the Federal Emergency Management GRAM FOR BENEFICIARIES WHO and monitor illegal drug trafficking as the Agency for grants to State and local first re- LIVE MORE THAN 40 MILES FROM A Secretary considers appropriate. MILITARY TREATMENT FACILITY. sponders; (a) IN GENERAL.—Notwithstanding para- (5) $3,200,000,000 to meet the infrastructure graph (6) of section 1074g(a) of title 10, SA 4553. Mr. LEAHY (for himself, Mr. needs of the United States, including— United States Code, as amended by section FLAKE, Mr. CARDIN, and Mr. DURBIN) (A) funding for the transportation invest- 702(a), the Secretary of Defense may not in- submitted an amendment intended to ment generating economic recovery grant crease after the date of the enactment of this be proposed by him to the bill S. 2943, program carried out by the Secretary of Act any cost-sharing amounts under such to authorize appropriations for fiscal Transportation (commonly known as paragraph with respect to covered bene- ‘‘TIGER grants’’); and year 2017 for military activities of the ficiaries described in subsection (b). Department of Defense, for military (B) funding to address maintenance, con- (b) COVERED BENEFICIARIES DESCRIBED.— struction, and security-related backlogs Covered beneficiaries described in this sub- construction, and for defense activities for— section are eligible covered beneficiaries (as of the Department of Energy, to pre- (i) medical facilities and minor construc- defined in section 1074g(g) of title 10, United scribe military personnel strengths for tion projects of the Department of Veterans States Code) who live more than 40 miles such fiscal year, and for other pur- Affairs; driving distance from the closest military poses; which was ordered to lie on the (ii) the Federal Aviation Administration; treatment facility to the residence of the table; as follows: (iii) rail and transit systems; beneficiary. At the end of title XII, add the following: (iv) the National Park System; and (c) REPORT ON EFFECT OF INCREASE.— (v) the HOME Investment Partnerships (1) IN GENERAL.—Not later than 60 days SEC. 1277. SAVINGS PROVISION RELATING TO Program authorized under title II of the after the date of the enactment of this Act, STATIONING PERSONNEL AT UNITED STATES EMBASSIES. Cranston-Gonzalez National Affordable the Secretary of Defense shall submit to the Nothing in this title may be construed to Housing Act (42 U.S.C. 12721 et seq.); Committees on Armed Services of the Senate prohibit or restrict the Secretary of Defense, (6) $1,900,000,000 for water infrastructure, and the House of Representatives a report on the Secretary of State, or the head of any including grants and loans for rural water the potential effect, without regard to sub- other United States Government department systems, State revolving funds, and funds to section (a), of the increase in cost-sharing or agency from stationing personnel at any mitigate lead contamination, including a amounts under section 1074g(a)(6) of title 10, United States embassy for the purpose of grant to Flint, Michigan; United States Code, on covered beneficiaries carrying out their official duties. (7) $3,498,000,000 for science and technology, described in subsection (b). including— (2) ELEMENTS.—The report required by f (A) $2,000,000,000 for the National Institutes paragraph (1) shall include an assessment of AUTHORITY FOR COMMITTEES TO of Health; and how much additional costs would be required (B) $1,498,000,000 for the National Science of covered beneficiaries described in sub- MEET Foundation, the National Aeronautics and section (b) per year as a result of increases in COMMITTEE ON BANKING, HOUSING, AND URBAN Space Administration, the Department of cost-sharing amounts described in such para- AFFAIRS Energy research, including ARPA-E, and De- graph, including the average amount per in- Mr. THUNE. Mr. President, I ask partment of Agriculture research; dividual and the aggregate amount. (8) $1,900,000,000 for Zika prevention and unanimous consent that the Com- treatment; SA 4552. Mr. PERDUE submitted an mittee on Banking, Housing, and (9) $202,000,000 for wildland fire suppression; amendment intended to be proposed by Urban Affairs be authorized to meet and him to the bill S. 2943, to authorize ap- during the session of the Senate on (10) $900,000,000 to fully implement the FDA propriations for fiscal year 2017 for June 7, 2016, at 10 a.m., to conduct a Food Safety Modernization Act (Public Law military activities of the Department hearing entitled ‘‘Bank Capital and Li- 111–353; 124 Stat. 3885) and protect food safe- quidity Regulation.’’ ty, the Every Student Succeeds Act (Public of Defense, for military construction, Law 114–95; 129 Stat. 1802), the Individuals and for defense activities of the De- The PRESIDING OFFICER. Without with Disabilities Education Act (20 U.S.C. partment of Energy, to prescribe mili- objection, it is so ordered. 1400), the Workforce Innovation and Oppor- tary personnel strengths for such fiscal COMMITTEE ON FOREIGN RELATIONS tunity Act (29 U.S.C. 3101 et seq.), and for year, and for other purposes; which was Mr. THUNE. Mr. President, I ask college affordability. ordered to lie on the table; as follows: unanimous consent that the Com- SA 4550. Mr. GRAHAM submitted an At the end of subtitle B of title X, add the mittee on Foreign Relations be author- amendment intended to be proposed by following: ized to meet during the session of the him to the bill S. 2943, to authorize ap- SEC. 1008. REPORT ON EFFORTS OF THE UNITED Senate on June 7, 2016, at 2:30 p.m., to STATES MILITARY TO DETECT AND conduct a hearing entitled ‘‘Russian propriations for fiscal year 2017 for MONITOR ILLEGAL DRUG TRAF- military activities of the Department FICKING. Violations of Borders, Treaties, and of Defense, for military construction, Not later than 180 days after the date of Human Rights.’’ and for defense activities of the De- the enactment of this Act, the Secretary of The PRESIDING OFFICER. Without partment of Energy, to prescribe mili- Defense shall, in consultation with the Com- objection, it is so ordered. mander of the United States Southern Com- COMMITTEE ON HOMELAND SECURITY AND tary personnel strengths for such fiscal mand and the Commander of the United GOVERNMENTAL AFFAIRS year, and for other purposes; which was States Northern Command, submit to the ordered to lie on the table; as follows: congressional defense committees a report Mr. THUNE. Mr. President, I ask On page 575, after line 25, add the fol- setting forth the following: unanimous consent that the Com- lowing: (1) An assessment of the effectiveness of mittee on Homeland Security and Gov- (c) INAPPLICABILITY TO BERRY AMEND- the efforts of the United States military to ernmental Affairs be authorized to MENT.—Section 2533a(i) of title 10, United detect and monitor the aerial and maritime meet during the session of the Senate States Code, is amended by inserting ‘‘and transit of illegal drugs into the United on June 7, 2016, at 10 a.m., to conduct section 2375 of this title’’ after ‘‘title 41’’. States. a hearing entitled ‘‘Frustrated Trav- (2) An identification of gaps in capabilities elers: Rethinking TSA Operations to SA 4551. Mr. ROUNDS submitted an that may hinder the efforts of the United amendment intended to be proposed by States military to detect and monitor the Improve Passenger Screening and Ad- him to the bill S. 2943, to authorize ap- aerial and maritime transit of illegal drugs dress Threats to Aviation.’’ propriations for fiscal year 2017 for into the United States, and a description of The PRESIDING OFFICER. Without military activities of the Department any plans to address and mitigate such gaps. objection, it is so ordered. of Defense, for military construction, (3) A description of any trends in the aerial COMMITTEE ON THE JUDICIARY and for defense activities of the De- and maritime transit of illegal drugs into Mr. THUNE. Mr. President, I ask the United States, include trafficking routes, partment of Energy, to prescribe mili- methods of transportation, and types and unanimous consent that the Com- tary personnel strengths for such fiscal quantities of illegal drugs being trafficked. mittee on the Judiciary be authorized year, and for other purposes; which was (4) An identification of opportunities and to meet during the session of the Sen- ordered to lie on the table; as follows: challenges relating to enabling or building ate on June 7, 2016, at 10 a.m., in room

VerDate Sep 11 2014 07:14 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00124 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.051 S07JNPT1 smartinez on DSK3GLQ082PROD with SENATE June 7, 2016 CONGRESSIONAL RECORD — SENATE S3597 SD–226 of the Dirksen Senate Office Mr. COONS. Mr. President, I ask ‘‘(F) identify the mental health care and Building, to conduct a hearing entitled unanimous consent that Leah Rubin suicide prevention programs conducted by ‘‘Deadly Synthetic Drugs: The Need to Shen, a science fellow in my office, be the Secretary that are most effective for Stay Ahead of the Poison Peddlers.’’ granted floor privileges for the remain- women veterans and such programs with the highest satisfaction rates among women vet- The PRESIDING OFFICER. Without der of the 114th Congress. erans.’’. objection, it is so ordered. The PRESIDING OFFICER. Without f SELECT COMMITTEE ON INTELLIGENCE objection, it is so ordered. Mr. THUNE. Mr. President, I ask Mr. MERKLEY. Mr. President, I ask AUTHORIZING USE OF THE unanimous consent that the Select unanimous consent that my intern CAPITOL GROUNDS Committee on Intelligence be author- Elise Brown be granted privileges of Mr. MCCONNELL. Mr. President, I ized to meet during the session of the the floor for the remainder of the day. The PRESIDING OFFICER. Without ask unanimous consent that the Sen- Senate on June 7, 2016, at 2:30 p.m., in ate proceed to the consideration of H. room SH–216 of the Hart Senate Office objection, it is so ordered. f Con. Res. 119, which is at the desk. Building. The PRESIDING OFFICER. The The PRESIDING OFFICER. Without FEMALE VETERAN SUICIDE clerk will report the concurrent resolu- objection, it is so ordered. PREVENTION ACT tion by title. SUBCOMMITTEE ON THE CONSTITUTION AND SUB- Mr. MCCONNELL. Mr. President, I The legislative clerk read as follows: COMMITTEE OVERSIGHT, AGENCY ACTION, FED- ask unanimous consent that the Com- A concurrent resolution (H. Con. Res. 119) ERAL RIGHTS AND FEDERAL COURTS mittee on Veterans’ Affairs be dis- authorizing the use of the Capitol Grounds Mr. THUNE. Mr. President, I ask charged from further consideration of for the Greater Washington Soap Box Derby. unanimous consent that the Com- S. 2487 and the Senate proceed to its There being no objection, the Senate mittee on the Judiciary, Sub- immediate consideration. proceeded to consider the concurrent committee on the Constitution, and The PRESIDING OFFICER. Without resolution. Subcommittee on Oversight, Agency objection, it is so ordered. Mr. MCCONNELL. I ask unanimous Action, Federal Rights, and Federal The clerk will report the bill by title. consent that the concurrent resolution Courts, be authorized to meet during The legislative clerk read as follows: be agreed to and the motion to recon- the session of the Senate, on June 7, A bill (S. 2487) to direct the Secretary of sider be laid upon the table with no in- 2016, at 1 p.m., in room SD–106 of the Veterans Affairs to identify mental health tervening action or debate. Dirksen Senate Office Building, to con- care and suicide prevention programs and The PRESIDING OFFICER. Without duct a hearing entitled ‘‘S. 2763, the metrics that are effective in treating women objection, it is so ordered. Holocaust Expropriated Art Recovery veterans as part of the evaluation of such The concurrent resolution (H. Con. Act—Reuniting Victims with Their programs by the Secretary, and for other Res. 119) was agreed to. Lost Heritage.’’ purposes. The PRESIDING OFFICER. Without There being no objection, the Senate f objection, it is so ordered. proceeded to consider the bill. Mr. MCCONNELL. I ask unanimous ORDERS FOR WEDNESDAY, JUNE 8, SUBCOMMITTEE ON SUPERFUND, WASTE consent that the bill be read a third 2016 MANAGEMENT, AND REGULATORY OVERSIGHT time and passed and the motion to re- Mr. THUNE. Mr. President, I ask Mr. MCCONNELL. Mr. President, I consider be considered made and laid unanimous consent that the Sub- ask unanimous consent that when the upon the table. Senate completes its business today, it committee on Superfund, Waste Man- The PRESIDING OFFICER. Without agement, and Regulatory Oversight of adjourn until 9:30 a.m., Wednesday, objection, it is so ordered. June 8; that following the prayer and the Committee on Environment and The bill (S. 2487) was ordered to be Public Works be authorized to meet pledge, the morning hour be deemed engrossed for a third reading, was read expired, the Journal of proceedings be during the session of the Senate on the third time, and passed, as follows: June 7, 2016, at 2:30 p.m., in room SD– approved to date, and the time for the S. 2487 406 of the Dirksen Senate Office Build- two leaders be reserved for their use Be it enacted by the Senate and House of Rep- ing, to conduct a hearing entitled, later in the day; further, that following resentatives of the United States of America in leader remarks, the Senate resume ‘‘Oversight of EPA Unfunded Mandates Congress assembled, on State, Local, and Tribal Govern- consideration of S. 2943; further, that SECTION 1. SHORT TITLE. the Senate recess subject to the call of ments.’’ This Act may be cited as the ‘‘Female Vet- The PRESIDING OFFICER. Without eran Suicide Prevention Act’’. the Chair at 10:30 a.m. The PRESIDING OFFICER. Without objection, it is so ordered. SEC. 2. SPECIFIC CONSIDERATION OF WOMEN VETERANS IN EVALUATION OF DE- objection, it is so ordered. f PARTMENT OF VETERANS AFFAIRS f PRIVILEGES OF THE FLOOR MENTAL HEALTH CARE AND SUI- CIDE PREVENTION PROGRAMS. ADJOURNMENT UNTIL 9:30 A.M. Ms. MIKULSKI. Mr. President, I ask Section 1709B(a)(2) of title 38, United unanimous consent that Jessica Arm- States Code, is amended— TOMORROW strong, a legislative fellow from the (1) in subparagraph (A), by inserting before Mr. MCCONNELL. Mr. President, if Department of Defense and my mili- the semicolon the following: ‘‘, including there is no further business to come be- tary legislative assistant, be allowed metrics applicable specifically to women’’; fore the Senate, I ask unanimous con- floor privileges during the consider- (2) in subparagraph (D), by striking ‘‘and’’ sent that it stand adjourned under the at the end; ation of S. 2943, the Defense authoriza- (3) in subparagraph (E), by striking the pe- previous order. tion bill. riod at the end and inserting ‘‘; and’’; and There being no objection, the Senate, The PRESIDING OFFICER. Without (4) by adding at the end the following new at 8:43 p.m., adjourned until Wednes- objection, it is so ordered. subparagraph: day, June 8, 2016, at 9:30 a.m.

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HONORING MIKE SUGRUE from Home’’ at the local mall where people Kevin served in six operational aircraft could come record their comments for friends squadrons, had multiple major staff assign- HON. JEB HENSARLING and family who were serving in the military. ments, and was air boss on the USS Guadal- canal off the coast of Beirut. His naval career OF TEXAS Mr. Krech is the current and three time win- ner of the News Tribune’s ‘‘Readers’ Choice’’ included six command tours including two IN THE HOUSE OF REPRESENTATIVES award for favorite local radio personality. Addi- aviation squadrons, an aircraft wing, and NAS Tuesday, June 7, 2016 tionally, Warren is an active local emcee and Jacksonville. Under his command, the base Mr. HENSARLING. Mr. Speaker, it is an speaker for charities including: Samaritan was selected as the Navy’s top shore installa- honor to recognize Mr. Mike Sugrue for his Center, Special Olympics, and Heart Associa- tion in 1991. Kevin was awarded the Legion of service to our country. Hospital Corpsman 3rd tion. Mr. Krech has been host of the Jerry Merit as Commanding Officer of NAS Jack- Class Mike Sugrue served at Bethesda Na- Lewis MDA Telethon for 13 years on KOMU– sonville for, among other things, enhancing tional Medical Center in the early to mid TV. the quality of life for all personnel and improv- 1960s. With this retirement, Mr. Krech will now be ing the profitability of morale, welfare, and As a Hospital Corpsman, Mike Sugrue was able to spend more time with his wife, Marcia, recreation programs by 107 percent by uti- an enlisted medical specialist in the United who is a retired Jefferson City teacher. He has lizing a unique Treat Everyone As Myself States Navy/Marine Corps who also trained for a daughter, Sarah, who lives in St. Louis and (TEAM) approach. Kevin’s final command, headquartered at battlefield conditions. During Corpsman a son, Ben, who lives in Washington, DC. NAS Jacksonville, was as the Navy’s Regional Sugrue’s tenure he became an instructor in Warren also enjoys the St. Louis Cardinals, Commander for the Southeastern United running, cycling, gardening, and his two cats. the Cardio Pulmonary Lab where he trained States and the Caribbean. Rear Admiral I ask you in joining me in recognizing Mr. numerous other corpsmen and doctors in arte- Delaney was responsible for over 40 com- Warren Krech on his retirement. His commit- rial blood gas studies, bronchograms, mands, including 17 major naval installations. ment to the radio industry and his local com- bronchoscopers, as well as pulmonary blood He received the Navy Distinguished Service gas studies. Corpsman Sugrue’s service no munity makes this a commendable accom- Medal for his work as the Commander. The doubt saved countless lives and prepared oth- plishment. accompanying citation says: A brilliant vision- ers to do the same. f ary, he built solid and ambitious professional Humbly, I echo the words of President Ron- HONORING THE LIFE OF REAR AD- partnerships with local community agencies. ald Reagan, ‘‘We will always remember. We Kevin came to our town in the military, but will always be proud. We will always be pre- MIRAL KEVIN FRANCIS DELANEY, USN (RET.) he remained as a veteran and became a great pared, so we will always be free.’’ And hum- civic leader. He was recognized as one of bly, I offer my sincere gratitude to Hospital Jacksonville’s 10 Most Influential Business Corpsman 3rd Class Mike Sugrue for his serv- HON. ANDER CRENSHAW Leaders of the Decade in 2000. The list of vol- ice and dedication that allow us the freedoms OF FLORIDA unteer activities of Kevin Delaney is both long we enjoy today. IN THE HOUSE OF REPRESENTATIVES and varied. He served on the boards of 19 f Tuesday, June 7, 2016 area non-profit organizations and was past chairman or president of the following organi- RECOGNIZING WARREN KRECH ON Mr. CRENSHAW. Mr. Speaker, I rise today zations: the Ronald McDonald House Advisory HIS RETIREMENT AFTER 40 to honor the service and life of Rear Admiral Board, Florida State College of Jacksonville YEARS IN THE RADIO INDUSTRY Kevin Francis Delaney, USN (Ret.), who de- Foundation, Rotary Club of Jacksonville, fended our nation with distinction for 34 years Northeast Florida Safety Council, United Way HON. BLAINE LUETKEMEYER as a member of the United States Navy. He of Northeast Florida, and Jacksonville Beach- OF MISSOURI died on April 7, 2015, but on June 10, 2016 es Chamber of Commerce. Kevin was ap- IN THE HOUSE OF REPRESENTATIVES we have yet another occasion to honor his pointed by the Governor of Florida to serve on service to our country and community. On that the Florida Defense Support Task Force and Tuesday, June 7, 2016 day, Hangar 1122 at Naval Air Station Jack- also served on the U.S. Small business Ad- Mr. LUETKEMEYER. Mr. Speaker, I rise sonville (NAS Jacksonville) will be named in ministration’s National Advisory council, and today to honor a constituent of mine, Mr. War- Kevin’s honor for his outstanding airmanship on the National Board of Directors of The ren Krech. ‘‘Mr. Jefferson City’’, has retired and courage, his exceptional stewardship of Wounded Warrior Project. after 30 years in Jefferson City radio and over natural resources, and his leadership and con- In 2014, Kevin was honored by the SBA as 40 years in the radio industry. Warren most cern for the sailors of the United States Navy. the Veteran Small Business Champion of the recently spent his time entertaining listeners I’d like to take a moment to share some of Year for Florida, by the Jacksonville Business as the morning news and talk host on KWOS Kevin’s accomplishments through the course Journal as a Veteran of Influence, and by the News Radio 950. of his career both in and out of uniform. His Jacksonville Regional Chamber of Commerce A native of South Dakota and graduate from commitment to our country did not end with as the first member of its Military Hall of the University of Minnesota, Mr. Krech found retirement: He used his quality leadership Fame. It was later named in his honor. Mr. his love of radio while serving in the United skills, infectious charismatic spirit, and deep- Speaker, I ask you and Members of the States Army—specifically with the American seated care for his fellow citizens and worked House to join me in saluting the life and serv- Forces Radio & TV in East Africa. Warren and hard in our Jacksonville, Florida community to ice of Rear Admiral Kevin F. Delaney, USN his family moved from Wisconsin to Jefferson make it a better place. (Ret.). City, Missouri in 1984. When Mr. Krech moved Kevin was a proud Vietnam Veteran. He f to Missouri, he worked for Frank Newell at flew helicopter gunships on 686 combat mis- RECOGNIZING THE GARY CRU- KJMO. While some consider broadcasting to sions in support of the Navy riverine forces SADER ON ITS 55TH ANNIVER- be a nomadic business, Warren wanted to set- and SEAL units in the Mekong Delta. For con- SARY tle his then young family in the Jefferson City spicuous gallantry and intrepidity in action on community. one of those missions, Kevin was awarded the Throughout his radio years, Mr. Krech sat in Silver Star. In all, Kevin received 98 awards HON. PETER J. VISCLOSKY OF INDIANA the DJ chair, but found his niche when he was and decorations of which 64 were for combat IN THE HOUSE OF REPRESENTATIVES able to enter talk radio format. For 23 years, action and also included the Distinguished Fly- Warren has worked with John Marsh at KJMO ing Cross, 11 Single Action Air Medals, 26 Tuesday, June 7, 2016 and KWOS. During Operation Desert Storm, Strike/Fight Air Medals, and six Republic of Mr. VISCLOSKY. Mr. Speaker, it is with Mr. Krech and John Marsh, hosted a ‘‘Tape Vietnam Gallantry Crosses. great pleasure and admiration that I recognize

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

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It is essential students at all levels strive ice for a well-deserved retirement. sary gala will be held in the Hangar at B. to make the most of their education and de- f Coleman Aviation, located at the Gary/Chi- velop a work ethic which will guide them for cago International Airport, on June 3, 2016. the rest of their lives. HONORING ERIN HURLEY The keynote speaker for the event is critically I extend my deepest congratulations to Jack acclaimed author and renowned scholar, Mi- Knight for winning the Arvada Wheat Ridge HON. JARED HUFFMAN chael Eric Dyson. Service Ambassadors for Youth award. I have OF CALIFORNIA The Gary Crusader is a weekly publication no doubt he will exhibit the same dedication IN THE HOUSE OF REPRESENTATIVES serving the City of Gary and the community of and character in all of his future accomplish- Tuesday, June 7, 2016 Northwest Indiana. Since its founding in 1961, ments. Mr. HUFFMAN. Mr. Speaker, I rise today to by the late Balm L. Leavell Jr. and Joseph H. f Jefferson, at the invitation of Kelly and Samuel recognize Erin Hurley of Marin County, Cali- Polk, the Crusader successfully upheld its mis- TRIBUTE TO ELIZABETH (LISA) fornia, for her selection as the Classified Em- sion, using its news pages to reflect on justice JOYCE FREEMAN ON THE OCCA- ployee of the Year at the 2016 Golden Bell and equality for all people. In 1968, Mrs. Doro- SION OF HER RETIREMENT AS Awards Ceremony, presented by the Marin thy Leavell took over as editor and publisher DIRECTOR OF THE VETERANS County Office of Education in collaboration of The Gary Crusader, after the passing of her AFFAIRS PALO ALTO HEALTH with the Marin County School Board Associa- husband, Balm Leavell. Throughout the years, CARE SYSTEM tion and other local civic organizations. An oc- Dorothy has been a strong, accomplished, and cupational therapist, Ms. Hurley has dedicated innovative business leader. The Gary Cru- more than two decades to improving the HON. SAM FARR health and welfare of students in Marin Coun- sader is an active member of the National OF CALIFORNIA ty. Newspaper Publishers Association (NNPA), a IN THE HOUSE OF REPRESENTATIVES federation of the more than 200 African Amer- For the past 15 years, Ms. Hurley has ican-owned community newspapers through- Tuesday, June 7, 2016 worked at Marindale Early Intervention, where out the United States. In 1995, Dorothy be- Mr. FARR. Mr. Speaker, I rise today to cele- she serves more than 100 students facing a came the second female in history to become brate the hard work and dedication of Lisa critical time in their development. A student- president of the NNPA for a two-year term and Freeman who retires today after many years centered professional, she advocates for ap- served at its president from 1995 to 1999. She of service to our nation’s veterans. propriate placements and the implementation also served as chairperson of the NNPA For the last five years Lisa Freeman served of strategies specific for each child. She also Foundation from 2006 to 2011. In August as the Director of the Veterans Health Care works to educate staff and parents on body 2016, Mrs. Leavell will be inducted into the System in Palo Alto, one of the largest, busi- mechanics and ergonomics for themselves Hall of Fame of the National Association of est veterans health centers in our country. and for their students and children. Black Journalists. For her dedication to the She did the job with enthusiasm, efficiency Ms. Hurley works hard to develop relation- City of Gary and the community of Northwest and compassion. As director she was respon- ships with each of the young people she Indiana, Dorothy is worthy of the highest sible for overseeing the complex needs of works with. Along with understanding students’ praise. thousands of veterans, administering an an- specific motor abilities and behavioral and I would like to take the time to mention nual budget of more than $1 billion, a capital communication goals, she makes an effort to some of the inspiring leaders in Northwest In- budget of $2.67 billion, and organizing up- create a comfortable and safe environment diana who have worked with The Gary Cru- wards of 7,000 staff and volunteers. She was where students feel comfortable challenging sader to bring about positive change and to in- so expert in doing her job that when the sad themselves. The Golden Bell Awards celebrate public spire the community. They include former news of mismanagement at the veterans sys- education in Marin County by recognizing out- mayor of Gary Richard Hatcher, the late Lake tem in Arizona became public, it was Lisa standing teachers and supportive community County Commissioner Roosevelt Allen, The Freeman that the Secretary of the VA tapped partners. Each year, they select an exemplary Gary Crusader’s first female editor, the late to make corrections in reforming the Arizona educator, classified employee, teacher, and Dolly Millender, State Senator Earline Rogers, shortfalls. In the end, the entire VA health care trustee for recognition. and Mayor Karen Freeman-Wilson, who is the system learned from her competence and Mr. Speaker, it is therefore fitting that we honorary chairperson of the 55th anniversary management prowess. honor and thank Erin Hurley for her contribu- gala. I would also be remiss if I do not men- But I best know Lisa Freeman from the yeo- tions to students and public education in Marin tion the respect my father John Visclosky had man’s work she did to help create the first County and California. for Balm Levell and the importance he at- from-the-ground-up joint DOD-VA health clinic tached to their wonderful friendship. in my district. f Mr. Speaker, I ask that you and my other For years the military community—veterans, VALERIE GRASSO distinguished colleagues join me in honoring active and retired military and their families— and congratulating The Gary Crusader on its all knew options for health care were limited 55th anniversary. For the past 55 years, the HON. RICK LARSEN on the Central Coast in general and on the OF WASHINGTON staff and leadership have touched the lives of Monterey Peninsula, where there are numer- IN THE HOUSE OF REPRESENTATIVES countless individuals through their unwavering ous military installations, in particular. Under commitment to the community of Gary and the leadership of the late Maj. Gen. William Tuesday, June 7, 2016 throughout Northwest Indiana. ‘‘Bill’’ Gourley, slowly a plan took shape to cre- Mr. LARSEN of Washington. Mr. Speaker, I f ate a clinic that would serve the dual purposes rise today to recognize the extraordinary ca- JACK KNIGHT of our active and retired military servicemen reer of Valerie Bailey Grasso. Ms. Grasso re- as well as our veterans. Lisa Freeman be- tired earlier this year, concluding a remarkable came an integral part of this effort and took 32 years of federal civil service with the De- HON. ED PERLMUTTER over leadership of the effort as time went partment of the Navy, the Library of Congress, OF COLORADO along, helping to coordinate the many federal and the Congressional Research Service IN THE HOUSE OF REPRESENTATIVES sub-agencies necessary to make the dream of (CRS). For the last 18 years, she has served Tuesday, June 7, 2016 this clinic a reality. as a defense acquisition policy analyst in the Mr. PERLMUTTER. Mr. Speaker, I rise I am happy to say the ribbon cutting for that Foreign Affairs, Defense, and Trade Division today to recognize and applaud Jack Knight clinic will be this October, in no short measure of the CRS, rising to Specialist, the highest for receiving the Arvada Wheat Ridge Service due to the perseverance of Lisa Freeman. grade attainable. While at the CRS, she sup- Ambassadors for Youth award. Mr. Speaker, Lisa Freeman will be missed plied Members of Congress, their personal Jack Knight is a 9th grader at Stanley Lake by all of us who interact with the Palo Alto staffs, and the staffs of congressional commit- High School and received this award because Veterans Health Care System. I am especially tees with consistently high quality insights, pol- his determination and hard work have allowed grateful to her for all she’s done for the vet- icy analysis, and historical context. I person- him to overcome adversities. erans in my district and across all of Cali- ally relied on reports she authored on topics

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When Representative Karen Clark aboard the aircraft carrier USS Bonhomme weapon systems acquisition, defense con- was first elected to the Legislature in 1980, Richard. Commander Freer had an impressive tracting, the evolving defense industrial base, there were only a few out elected officials na- flight record that logged 2,397 hours of military outsourcing of defense functions, contract tion-wide. Throughout her time in office, she flight, carried out 103 missions in Vietnam and competition, domestic material sourcing, and has achieved countless successes for the recorded 212 day and night carrier takeoffs sealift. Her works were widely read by con- LGBTQ community: including ‘‘Sexual Orienta- and landings. Commander Freer finished his gressional clients and contributed directly to tion’’ in the Minnesota Human Rights Act, ex- active duty in April of 1972, but served fifteen the CRS’ mission of informing the legislative panding housing and healthcare for HIV posi- more years in the Reserves before transferring debate. I served as co-chair on the House tive individuals, and promoting social and eco- to Retired Reserves in December of 1989. Armed Services Committee’s 2012 Panel on nomic justice. She is the longest-serving les- Commander Freer was awarded the National Business Challenges within the Defense In- bian Legislator in the U.S. Senator Scott Dib- Defense Service Medal, Meritorious Unit Com- dustry. Valerie provided direct support to that ble became involved in politics in the mid- mendation, Vietnam Service Medal, Armed panel and her insights and analysis were es- 1980s, inspired to fight for the civil rights of Forces Expeditionary Medal (Korea) and the sential to the panel’s work. the LGBTQ community. Since his election to Vietnam Campaign Air Medal S/F–9. Valerie was also a long-time member and the Senate in 2002, Senator Dibble has Humbly, I echo the words of President Ron- officer of the Congressional Research Em- helped pass the Runaway and Homeless ald Reagan, ‘‘We will always remember. We ployee Association (CREA), the collective bar- Youth Act, the Safe and Supportive Schools will always be proud. We will always be pre- gaining organization representing the interests Act, and numerous transportation and transit pared, so we will always be free.’’ And hum- of those working at the CRS. She served on plans. Representative Clark and Senator Dib- bly, I offer my sincere gratitude to Commander the CREA board for nearly a decade, from ble were instrumental in gathering popular Gary Harrison Freer for his service and acts of 2004–2013, where she was a member of the support to defeat the anti-marriage ballot bravery that allow us the freedoms we enjoy telework committee and the CREA bargaining amendment in 2012. Their tireless advocacy today. team. In 2013, she was elected Vice-President to engage Minnesotans culminated in the suc- f of CREA, and for the last two years of her ca- cessful effort to legalize marriage equality reer she served as CREA’s President. She statewide in 2013. KIYLEE VALDEZ has also been recognized for her work with Twin Cities Pride also recognizes the con- the Library of Congress chapter of Blacks in tributions of organizations that are creating a HON. ED PERLMUTTER Government. more equitable and inclusive world. The Com- OF COLORADO I ask my fellow Members to join me in ap- munity Champions of Pride are the Minnesota IN THE HOUSE OF REPRESENTATIVES plauding Valerie Bailey Grasso for her lifelong Transgender Health Coalition, TransForming Tuesday, June 7, 2016 commitment to supporting the nation and this Families, and Out & Sober Minnesota. body and in wishing her a long and enjoyable Since marriage equality has become the law Mr. PERLMUTTER. Mr. Speaker, I rise retirement. statewide and nationwide, some people hung today to recognize and applaud Kiylee Valdez f up their coats and thought, ‘‘We’re done!’’ As for receiving the Arvada Wheat Ridge Service almost anyone in the community can tell you, Ambassadors for Youth award. HONORING LGBTQ LEADERS IN that is absolutely not the case. LGBTQ individ- Kiylee Valdez is a 12th grader at Warren THE TWIN CITIES uals, and especially trans folks and people of Tech North and received this award because color, face disproportionately high rates of her determination and hard work have allowed HON. KEITH ELLISON homelessness, health issues, discrimination, her to overcome adversities. OF MINNESOTA and income insecurity. In order to achieve true The dedication demonstrated by Kiylee IN THE HOUSE OF REPRESENTATIVES LGBTQ equality, we need to continue focusing Valdez is exemplary of the type of achieve- ment that can be attained with hard work and Tuesday, June 7, 2016 on the intersections of gender, sexual orienta- tion, race, ethnicity, income, immigration sta- perseverance. It is essential students at all Mr. ELLISON. Mr. Speaker, I rise today to tus, and other identities that highlight the des- levels strive to make the most of their edu- honor the transgender, queer, lesbian, bisex- picable disparities in our state. I am proud cation and develop a work ethic which will ual, and gay members of my community as these honorees have continued to fight on be- guide them for the rest of their lives. we begin celebrating Pride. Every year, Twin half of communities routinely excluded from I extend my deepest congratulations to Cities Pride selects outstanding leaders to advocacy or glossed over in public policy. Kiylee Valdez for winning the Arvada Wheat helm the celebration. The 2016 Grand Mar- They each demonstrate that when we stay en- Ridge Service Ambassadors for Youth award. shals are Roxanne Anderson and D Rojas, gaged, when we turn out—we win. In the era I have no doubt she will exhibit the same dedi- and the Lifetime Champions of Pride are Min- of bathroom bills and legalized discrimination, cation and character in all of her future ac- nesota Representative Karen Clark and Min- it’s more important than ever to make our complishments. nesota Senator Scott Dibble. voices heard—in the ballot boxes, in the halls f Both Grand Marshals have a long history of of Congress, and beyond. LGBTQ advocacy in the Twin Cities. Rox- CELEBRATING BENTLEYVILLE f anne’s dedication spans four organizations BOROUGH’S BICENTENNIAL noted for their dedication to the most under- HONORING MR. GARY HARRISON served segments of the community. Through FREER HON. BILL SHUSTER providing healthcare access to trans individ- OF PENNSYLVANIA uals at the Minnesota Transgender Health Co- HON. JEB HENSARLING IN THE HOUSE OF REPRESENTATIVES alition, leading trans and racial justice initia- OF TEXAS Tuesday, June 7, 2016 tives at OutFront Minnesota, organizing trans IN THE HOUSE OF REPRESENTATIVES and queer musicians of color at RARE Pro- Mr. SHUSTER. Mr. Speaker, I rise today to ductions, and employing and serving the Tuesday, June 7, 2016 congratulate Bentleyville Borough in Pennsyl- queer community at Cafe´ SouthSide Roxanne Mr. HENSARLING. Mr. Speaker, it is an vania on its momentous achievement of is one of the hardest-working and most effec- honor to recognize Mr. Gary Harrison Freer for reaching 200 years of existence. tive trans advocates anywhere in the country. his courageous service to our country. Com- Beginnings were humble for Bentleyville 200 D Rojas is the president of Dykes on Bikes mander Gary Harrison Freer joined the United years ago, when Sheshbazzar Bentley started Minneapolis, a lesbian motorcycle club noted States Navy on March 12, 1967 after grad- selling lots of land in the beautiful for its inclusivity. The group hosts dozen of uating from the University of Tennessee, Monongahela Valley for as little as 45 dollars. events throughout the Twin Cities annually, at- Knoxville. His original posting advertised ‘‘Bentleysville’’ tracting hundreds of LGBTQ participants. In After completing Aviation Officer Candidate as being surrounded by rich country, and hav- recent years, D has escorted Minneapolis School and earning the Navy ‘‘Wings of Gold,’’ ing on site three wool machines, one gristmill,

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I ask that my colleagues join me in ex- DO was named Large Agency of the Year by borough with unique character and beauty—a pressing our congratulations on an accom- the Pennsylvania Economic Development As- place I am proud to have in Pennsylvania’s plished career and to commend his dedication sociation. These various accolades exemplify 9th Congressional District. to his profession and improving the health of the superior service and community advance- The borough of Bentleyville has benefitted our communities. ment provided by CAN DO, and I am con- greatly from its location in a strong coal mining f fident that their continued engagement will be region, and as such I am proud to highlight recognized for years to come. the borough’s contribution to the rich history RECOGNIZING CAN DO UPON THE Mr. Speaker, it is with gratitude and admira- and heritage associated with coal mining. OCCASION OF ITS 60TH ANNIVER- tion that I honor the Community Area New De- Over the past 200 years, Bentleyville has pro- SARY velopment Organization (CAN DO) upon the duced many generations of exceptional citi- occasion of its 60th Anniversary. Time and zens, all adding their unique spirit, character, HON. LOU BARLETTA again, CAN DO has exemplified the bond be- and successes to the Commonwealth of Penn- OF PENNSYLVANIA tween private enterprise and community serv- sylvania. IN THE HOUSE OF REPRESENTATIVES ice through targeted initiatives and a commit- It is thus with great pride that I represent the Tuesday, June 7, 2016 ment to excellence in Northeastern Pennsyl- remarkable citizens of past and present of the vania. I wish to congratulate CAN DO on 60 Bentleyville Borough and congratulate them on Mr. BARLETTA. Mr. Speaker, it is my honor years of meaningful community engagement, this significant milestone. to recognize the Community Area New Devel- and look forward to witnessing the continued opment Organization (CAN DO) upon the oc- f service provided by such a selfless and stra- casion of its 60th Anniversary. CAN DO is a tegic organization. HONORING THE CAREER OF ROGER private, non-profit, industrial and economic de- f E. MILLER velopment corporation operating in North- eastern Pennsylvania. CAN DO has been TRIBUTE TO RABBI MARVIN M. HON. BRIAN HIGGINS doing great work in my hometown of Hazleton, GROSS OF NEW YORK and in fact my office back home is in the CAN IN THE HOUSE OF REPRESENTATIVES DO building at 1 South Church Street. With a HON. ADAM B. SCHIFF mission of improving the quality of life in the Tuesday, June 7, 2016 OF CALIFORNIA Greater Hazleton area through the creation IN THE HOUSE OF REPRESENTATIVES Mr. HIGGINS. Mr. Speaker, I rise today to and retention of employment opportunities, honor the career and legacy of service of Mr. CAN DO’s presence in Northeastern Pennsyl- Tuesday, June 7, 2016 Roger E. Miller, who is celebrating his retire- vania has provided my constituents with the Mr. SCHIFF. Mr. Speaker, I rise today to ment from the post as Deputy Assistant Sec- resources they need to secure meaningful em- honor Rabbi Marvin M. (Marv) Gross, who will retary for Healthcare Programs. After 26 years ployment and engagement in their commu- be retiring as Chief Executive Officer of Union of tirelessly serving the United States Depart- nities. Station Homeless Services in June 2016. ment of Housing and Urban Development, he In 1956, a small group of merchants and Born in 1947, Marvin M. Gross was raised leaves a legacy of incomparable dedication to professional men believed that they could turn in Evanston, Illinois. He received his education communities across the country. the tide on Hazleton’s post-coal mining eco- from Amherst College, Hebrew University in Roger Miller began his career as HUD’s first nomic troubles. It was this spirit that fueled Dr. Jerusalem, Hebrew Union College-Jewish In- staff member with a background in healthcare, Edgar L. Dessen, the Greater Hazleton Cham- stitute of Religion and the Stanford University holding a Master of Hospital Administration ber of Commerce, and a group of local civic Graduate School of Business. degree from the University of Minnesota. Prior and business leaders to create a community In the late 1960’s, Marv began his lifelong to his role at HUD, Miller was Senior Vice economic development organization, known as service to the community by volunteering at President of York Hospital, a large teaching CAN DO. The organization’s first fundraising the dairy of Kibbutz Givat Chaim, Israel for hospital where patient care costs were among initiative encouraged residents to donate a one year. He worked as an organizer for var- the lowest in the nation. ‘‘dime-a-week,’’ which they hoped would raise ious political campaigns and the Vietnam Vet- Throughout his career, Roger E. Miller has enough money to invest in new industries erans Against the War, and as an organizer maintained his devotion to healthcare through across the city. Growing up, I remember hear- for the Jewish Council of Urban Affairs in Chi- assisting in the expansion of Millard Fillmore ing stories of red lunch pails displayed around cago, where he organized a ground-breaking Suburban Hospital, and the construction of town to promote their fundraising effort, as conference on the mortgage and insurance in- multiple healthcare facilities around Western well as the ‘‘Miles of Dimes’’ event, which saw dustry and low-income and minority neighbor- New York, such as the Gates Vascular Insti- men, women, and children place their dimes hoods. tute, HighPointe on Michigan and the new onto a strip of tape on Broad Street in down- Mr. Gross began his studies at the Hebrew Oishei Children’s Hospital. town Hazleton. After this successful fundraiser Union College-Jewish Institute of Religion in Roger Miller has been an integral part of the and starting with the purchase of one indus- New York in the 1970’s to become a Reform HUD Office of Healthcare Programs which ad- trial park, CAN DO now operates one cor- rabbi, and after his graduation, moved to Cali- ministers the Section 232 Residential Care Fa- porate center and three industrial parks in fornia. He began serving as a congregational cilities Program and the Section 242 Hospitals Northeastern Pennsylvania, including Hum- rabbi, leading congregations at Temple Sherith Program, together comprising a $31 billion boldt Industrial Park, which is one of the larg- Israel in San Francisco, and later at Temple FHA portfolio of insured mortgages. Miller has est parks in Pennsylvania and an employer for Sinai of Glendale. In his volunteer capacity, led the OHP to improve its abilities to serve over 10,000 constituents in my district. As Rabbi Gross served as Social Action Chair of more communities across the nation while mayor, I saw firsthand how CAN DO contin- the Board of Rabbis of Southern California, as maintaining very low claim rates in both pro- ued to grow throughout the region. They now Co-Chair of Clergy United for Prophetic Ac- grams. In recent years, he has spearheaded a offer a wide range of services to the commu- tion, a Black-Jewish clergy alliance, and vigorous effort to implement Office-wide Lean nity, such as infrastructure development, finan- played a key role in the organization of reli- Processing quality improvements and process cial assistance, and resources for entre- gious congregations in California to support reengineering, enabling OHP to better respond preneurs. California’s Bilateral Nuclear Weapons Freeze to emergent industry needs. Other notable ca- CAN DO’s commitment to the community in Initiative. In addition, Marv was asked by the reer and personal achievements by Roger Mil- which they operate is evident through their re- Government of Israel, along with a fellow rab- ler include the launch of a large assisted living ceipt of numerous awards throughout the binical student, to visit the Soviet Union for facility, a system of community health centers, years. In 2006, CAN DO won a Best of Class one month in an effort to promote solidarity a preferred provider health insurance com- Award for its 50th Anniversary video and com- and contact with Soviet Jews who had sub- pany, and becoming a Fellow in the American memorative book, and an Excellence Award mitted applications to emigrate to Israel. College of Healthcare Executives. Additionally, for the marketing department’s print advertise- In 1995, Marv Gross accepted the position Roger has chaired state hospital association ment placed in Attache´ magazine. Also in of Executive Director of Union Station (now

VerDate Sep 11 2014 07:34 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K07JN8.013 E07JNPT1 emcdonald on DSK9F6TC42PROD with REMARKS June 7, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E831 called Union Station Homeless Services education at an early age, and has fostered Tuesday and once again, to speak on behalf (USHS) in Pasadena, California, becoming relationships with leading scientific and edu- of those whose voices have been silenced by Chief Executive Officer in 2008. USHS is dedi- cational institutions including the the refusal of Congress to fully restore the fed- cated to helping homeless and low-income Exploratorium, Dominican University, the Col- eral protections of the Voting Rights Act of families through their outstanding service pro- lege of Marin, the University of California, 1965. Two weeks ago, I was honored to stand grams operating throughout the San Gabriel Berkeley, and more. beside fellow colleagues Rep. MARC VEASEY Valley. The programs provide food, shelter, The Golden Bell Awards celebrate public of Texas and Rep. BOBBY SCOTT of Virginia medical care, rehabilitation and job training for education in Marin County by recognizing out- and other Members of Congress to launch the homeless and low-income families and individ- standing teachers and supportive community Congressional Voting Rights Caucus. The uals, assisting them through each step of the partners. Each year, they select an exemplary Caucus is committed to restoring the Voting process, so they can become thriving mem- educator, classified employee, teacher, and Rights Act of 1965 to its original state and re- bers of society. Under Rabbi Gross’ stellar trustee for recognition. storing the vote to all the suppressed voices in leadership, USHS has expanded from a 36- Mr. Speaker, it is therefore fitting that we this great nation. We will continue to stand to- bed shelter on Raymond Avenue to a suc- honor and thank Eileen Smith for her contribu- gether until we achieve our goal and make our cessful homeless service institution that tions to students and public education in Marin election process fair for everyone once again. serves over 2,200 people each year. County and California. The right to vote should be easy for all eligible voters and not made more difficult for some of In his more recent volunteer capacity, Marv f has served on many boards and committees, this country’s most disenfranchised members. It is a sad day in this nation when there are including Flintridge Preparatory School, the IN MEMORY OF GREG CONNELL eligible Americans who cannot take part in the Pasadena Police Foundation, and he is a democratic process that we as Americans are staunch member of the Pasadena Rotary HON. MARK SANFORD all promised, just because they are unable to Club. A longtime Sierra Madre resident, Marv OF SOUTH CAROLINA attain a photo ID. To some, this may not seem has three children: Becky, Daniel, and Tara. IN THE HOUSE OF REPRESENTATIVES like a hard request or even a major problem. Rabbi Gross has tirelessly committed his Tuesday, June 7, 2016 However, to the people in rural Alabama and working life to profoundly improve the lives of in many rural areas all over the country—it is Mr. SANFORD. Mr. Speaker, I rise today in the homeless community. His generosity, com- a tough request and it is a big problem. When remembrance of Greg Connell, a stunt pilot passion and leadership have deeply benefited your district closes over 30 DMVs—the most from South Carolina, who unfortunately the lives of thousands of homeless individuals common location to receive a photo ID—this is passed before his time while performing sev- and families. a problem. When the nearest courthouse or eral weeks back in the Good Neighbor Day I ask all members of Congress to join me DMV is 20 miles away and you don’t have gas Airshow in Atlanta. Accordingly, I want to take today in honoring Rabbi Marvin M. Gross for money, a car, or any public transport—this is a moment to offer my condolences to his wife, over two decades of extraordinary and unpar- a problem. When you do not have a birth cer- Ginger, as well as the host of additional family alleled service to Union Station Homeless tificate because you were delivered by a mid- and friends he leaves behind. Services. wife and are told you are not able to vote, It was the inventor Leonardo da Vinci who f even though you are an American, born and once said, ‘‘Once you have tasted flight, you raised—this is a problem. What is crystal clear HONORING EILEEN SMITH will forever walk the earth with your eyes is that these new suppressive voting laws are turned skyward, for there you have been, and crippling the democratic process. This is an HON. JARED HUFFMAN there you will always long to return.’’ election year and the right to vote is under at- Greg’s eyes indeed always looked up. The tack. An essential element of our democracy OF CALIFORNIA heavens were his domain, and it is to them is corroding, and we indeed have a problem. IN THE HOUSE OF REPRESENTATIVES that he has returned. When a county systematically shuts down Tuesday, June 7, 2016 He followed in his father’s footsteps and voting polls from 400 in 2008 to 200 in 2012 started flying back in 1989 at the young age and then plummets to only 60 in 2016, the Mr. HUFFMAN. Mr. Speaker, I rise today to of 13, and his love of flight was obvious in the problem is clear. Maricopa County in Arizona recognize Eileen Smith of Marin County, Cali- way that he lived life. Indeed, he flew at the forced voters to endure long lines and an ar- fornia, for her selection as the Educator of the Annual Water Festival down in Beaufort, duous process to simply have their vote count- Year at the 2016 Golden Bell Awards Cere- South Carolina on numerous occasions, and ed—to have their voices heard. To my fellow mony, presented by the Marin County Office my brother, John, flew with him many times. colleagues, I say maybe your district doesn’t of Education in collaboration with the Marin At a personal level, I spent New Year’s down have long lines wrapped around the streets County School Board Association and other at the farm watching him do what he loved and maybe your elderly constituents can eas- local civic organizations. Director of a Cali- best: fly. ily access their birth certificates. But my dis- fornia Math and Science Partnership (CaMSP) And that he could. He made the impossible trict and so many others do have real prob- project that works with teachers across the look all too easy. With grace and flair, he was lems accessing the ballot box. If one person is county, Ms. Smith has nearly two decades of mesmerizing in the way he took to the sky. denied the right to vote, it undermines the in- experience that have greatly benefited the pre- Greg’s story is that of pursuing with passion tegrity of the entire voting process. We cannot paredness and success of Marin County’s stu- a quest for excellence, and I think there is a forget about the millions of Americans who dents. lesson all of us can learn from within those suffer from new suppressive voting laws Ms. Smith has served in a variety of leader- pages. In his memory, I would ask that we around the country. We cannot sit back and ship roles in our community. As principal of take a moment today for reflection, and pause simply say, ‘‘This is not my problem.’’ When Loma Verde Elementary School in the Novato in asking how we live up to his model of ex- Americans are being suppressed and si- United School District, she was recognized by cellence in all we do. For those of us who lenced, it is an American problem. This is still several awards, including Principal of the Year knew him, we will miss him. I look forward to the United States of America, and we cannot in 2010 by the Marin County School Adminis- our reunion in the heavens above. stand strong when a significant portion of our trators’ Association. In her current role as di- f country suffers in silence. A democracy means rector of a CaMSP project, ‘‘Marin’s Next Gen- inclusion, not exclusion—America stands for eration Collaborative for Science & Math,’’ she A FAIR PROCESS FOR ALL: VOTER equality, fairness and justice for all. has worked with more than six dozen teachers INEQUALITY IS A PROBLEM It is time we make the democratic process, from 8 districts countywide, coordinating and democratic once again. Until every voice in providing intensive, ongoing professional de- HON. TERRI A. SEWELL this great nation is allowed to speak freely, velopment in math and science. The project is OF ALABAMA without suppression, I will stand on this floor set to expand next year. IN THE HOUSE OF REPRESENTATIVES and speak in support of our Constitutional Throughout her career, Ms. Smith has been right to vote. I urge my colleagues to join me known and respected as an effective leader Tuesday, June 7, 2016 and 168 other members in support of H.R. with a gift for educating teachers. She has Ms. SEWELL of Alabama. Mr. Speaker, I 2867, the Voting Rights Advancement Act. It is pushed for increased and improved STEM rise to acknowledge today as Restoration time Congress restores the VRA.

VerDate Sep 11 2014 07:15 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\K07JN8.026 E07JNPT1 emcdonald on DSK9F6TC42PROD with REMARKS E832 CONGRESSIONAL RECORD — Extensions of Remarks June 7, 2016 HONORING MR. DOUGLAS WAYNE IN MEMORY OF MR. GENE Randolph Air Force Base and Fort Jackson, SATTERFIELD BECKSTEIN among others. It has been a successful pro- gram and has the ability to continue to grow HON. DOUG COLLINS and benefit many more members of the mili- HON. JEB HENSARLING OF GEORGIA tary and their families. OF TEXAS IN THE HOUSE OF REPRESENTATIVES In appreciation of all they have done, Mr. Speaker, I ask that my colleagues join me in IN THE HOUSE OF REPRESENTATIVES Tuesday, June 7, 2016 thanking them for their efforts. Tuesday, June 7, 2016 Mr. COLLINS of Georgia. Mr. Speaker, f today I rise to honor the life of Mr. Gene RECOGNIZING THE GARY NAACP’S Mr. HENSARLING. Mr. Speaker, it is an Beckstein of Gainesville, Ga. Mr. Beckstein, 51ST ANNUAL LIFE MEMBERSHIP honor to recognize Mr. Douglas Wayne also commonly known as ‘Mr. B’, was an in- BANQUET Satterfield for his courageous service to our spiration to the people of our community. In country. A resident of Palestine, Texas, Cor- 1989, he founded a mission for the homeless poral Douglas Wayne Satterfield was honor- known as ‘‘Good News at Noon’’. Good News HON. PETER J. VISCLOSKY ably discharged from the United States Marine at Noon provides meals for dozens of men, OF INDIANA Corps on May 3, 1968. women, and children, while also providing IN THE HOUSE OF REPRESENTATIVES Corporal Satterfield enlisted in the USMC beds for 20 homeless men in our community. Tuesday, June 7, 2016 This mission also operates as a food pantry, out of high school and served in at least a Mr. VISCLOSKY. Mr. Speaker, it is my dis- dozen operations in the unfamiliar terrain of providing more than 100 boxes of food a week, and offers summer school programs for tinct pleasure to stand before you today to South Vietnam. Corporal Satterfield partici- recognize and commend the members of the pated in one of the first major offensive cam- children. This faith based ministry depends purely on the generosity of others, and ‘Mr. B’ Gary, Indiana, branch of the National Associa- paigns, Operation Hickory, by the Marines in tion for the Advancement of Colored People ‘‘Leatherneck Square.’’ Satterfield was badly was a great servant of the Lord. He was a Christ-like man who loved everyone equally. (NAACP). On Saturday, June 4, 2016, the injured in combat during the assault at Con Gary NAACP held its 51st Annual Life Mem- Thien as he crawled along the ground to their His work with the homeless community in- spired people across Gainesville and Hall bership Banquet at the Genesis Convention targets. Quick response and actions from his Center in Gary, Indiana. squadron leader and corpsman probably County to volunteer. Mr. Beckstein creates a meals program, such as Good News at Noon, This annual event is a major fundraiser for saved his life as they stabilized him before he the Gary NAACP. The funds generated was taken by Chinook to a medevac station to because he was once homeless himself. He turned his life around when his high school through this event directly support the organi- undergo emergency surgery. Corporal zation’s many outstanding programs and ad- Satterfield received decorations that included baseball coach convinced him to use the GI Bill to fund his college education. ‘Mr. B’ went vocacy efforts. Through its membership and the National Defense Service Medal, Vietnam the support of the community, the Gary Service Medal, Vietnam Campaign Medal with on to attend New York University, where he earned two master’s degrees and spent the NAACP is able to serve the people of North- device, M–14 Rifle Sharpshooter Badge and west Indiana and continue the mission started the Purple Heart Medal. next 37 years teaching in the public school system. After retiring from his teaching career, by the national organization in 1909 by work- Humbly, I echo the words of President Ron- Mr. Beckstein and his wife Margie began serv- ing diligently to combat injustice, discrimina- ald Reagan, ‘‘We will always remember. We ing food to the homeless and later founded tion, and unfair treatment for all people in to- will always be proud. We will always be pre- Good News at Noon. ‘Mr. B’ will be remem- day’s society. In addition, the banquet serves pared, so we will always be free.’’ And hum- bered for his humble-spirit, his inviting loving to update and keep the community aware of bly, I offer my sincere gratitude to Corporal personality, and his ability to fulfill people with the NAACP’s activities and to formally honor Douglas Wayne Satterfield for his service and hope. its new life members. This year, the Gary NAACP honored the fol- acts of bravery that allow us the freedoms we f enjoy today. lowing outstanding civil, community, and reli- RECOGNIZING THE BLUE SKY gious leaders who have been recognized as f FOUNDATION life members. The Diamond Life members in- clude: Father Pat Gaza, Cynthia Powers, and LUCY LEE HON. LAMAR SMITH Mamon Powers Jr. The Gold Life members in- OF TEXAS clude: Stephen Mays, Nate Cain, Claude Pow- ers, Charlie Brown, Dr. Stephen Simpson, and IN THE HOUSE OF REPRESENTATIVES HON. ED PERLMUTTER Gerri Simpson. The Silver Life members in- Tuesday, June 7, 2016 OF COLORADO clude: Charles Alexander, Sharon Chambers, Mr. SMITH of Texas. Mr. Speaker, today I James Muhammad, Larry Dillon, Sandra Dil- IN THE HOUSE OF REPRESENTATIVES want to recognize the Blue Sky Foundation lon, Reverend Curtis Whittaker, Dr. LaShawn Tuesday, June 7, 2016 and their President and Executive Director, Whittaker, Reverend Anita Marshall, Rinzor Dick Stockton, on behalf of the work they are Williams III, Esq., Alfred Holmes, Sharon Mr. PERLMUTTER. Mr. Speaker, I rise doing for our nation’s veterans and Haney, Jeana Laurie Payne, Darian Collins, today to recognize and applaud Lucy Lee for servicemembers. Braden Wilson, James Powell, Thomas receiving the Arvada Wheat Ridge Service Drawing on his background in tennis, Mr. Newsome, Ron Brewer, Linda Barnes- Ambassadors for Youth award. Stockton started a program within the Blue Caldwell, Marissa McDermott, Edward Lucy Lee is a 12th grader at Pomona High Sky Foundation called Thanking our Troops Lumpkin, Reverend Edward Turner, Roosevelt School and received this award because her through Tennis or ‘‘T3’’. The idea behind the Haywood III, MacArthur Drake, Gordon Biffle, determination and hard work have allowed her program was to thank the members of the Richard Hardaway, Dolena Mack, Willie Miller to overcome adversities. United States Military and their families for the Jr., Raymond Grady, Dr. Vincent Sevier, Dr. sacrifices they make on a daily basis, using Angelique Brown, Shelly Majors, Matthew The dedication demonstrated by Lucy Lee is the game of tennis as the vehicle to do so. Doyle, Jana Bonds, Judge Clarence Murray, exemplary of the type of achievement that can Blue Sky has been taking the T3 program to Vance Kenney, Tim Ceasar, Barbara be attained with hard work and perseverance. various military bases over the last four years Taliafero, Minnie Carter, Wendell Price, Faye It is essential students at all levels strive to and has offered free tennis clinics to active Barnes, Reverend Dr. Virgil Woods, Florita make the most of their education and develop personnel, spouses, children, Veterans and Brown, Roy Hamilton, Dr. Marlon Mitchell, Mil- a work ethic which will guide them for the rest Wounded Warriors. ton Thaxton, and Reverend Regan Robinson. of their lives. The program has been well received, aver- The Youth Life members include: Bryce Car- I extend my deepest congratulations to Lucy aging 100 participants per event. Since July of ter, Brooklyn Carter, Justin Cain, Julian Pow- Lee for winning the Arvada Wheat Ridge Serv- 2013, Blue Sky Foundation has hosted seven- ers, Nadia Baria, Isaac Baria, Willie Miller III, ice Ambassadors for Youth award. I have no teen events at different bases around the Valencia Miller, Curtis Whittaker Jr., Imani doubt she will exhibit the same dedication and country, including Andrews Air Force Base, Powers, Michael Ayden Walden, Kendell Jack- character in all of her future accomplishments. Fort Bragg, Fort Benning, Camp Lejeune, son, Deondra Ann Briggs, Jazmine Neal,

VerDate Sep 11 2014 07:15 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\K07JN8.003 E07JNPT1 emcdonald on DSK9F6TC42PROD with REMARKS June 7, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E833 Amya Myanna Luz Aviles, Marrell Tyler II, and A dedicated firefighter and a loving husband rule providing for consideration of H.R. 5055, Kelechi Greene. and father, Mike had a warm and outgoing Energy and Water Development and Related Mr. Speaker, I ask you and my other distin- presence in his community. In addition to serv- Agencies Appropriations Act, 2017; I am not guished colleagues to join me in paying tribute ing as a firefighter, he gave back to his alma recorded because I was unavoidably detained. to the newest life members of the Gary branch mater, Aquin High School, throughout his life. Had I been present, I would have voted YES. of the NAACP, as well as Stephen Mays, the When Mike wasn’t cheering for the Aquin Bull- Mr. Speaker, on Roll Call No. 232, on adop- current Gary NAACP president, Cynthia and dogs, he was rooting on the Chicago Cubs tion of H. Res. 743, the rule providing for con- Mamon Powers Jr., who are Honorary Chairs, and the Chicago Bears. He is survived by his sideration of H.R. 5055, Energy and Water and all members of the organization for their wife, Dawn, and his children, Josh, Jerek, Jor- Development and Related Agencies Appro- extraordinary efforts and tremendous leader- dan, and Kirsten. priations Act, 2017; I am not recorded be- ship. These outstanding men and women Mr. Speaker, as the wife of a sheriff, I know cause I was unavoidably detained. Had I been have worked tirelessly to improve the quality how important it is to support our first re- present, I would have voted YES. of life for all residents of Indiana’s First Con- sponders, and I am forever grateful for the Mr. Speaker, on Roll Call No. 233, Ordering gressional District, and for that they are to be service Mike provided to the Freeport commu- the Previous Question on H. Res. 742, the commended. nity. While we commemorate Mike’s life, and rule providing for consideration of House Amendment to Senate Amendment to H.R. his dedication to his family and community, my f 2576, TSCA Modernization Act of 2015 and thoughts and prayers are with his loved ones H.R. 897, Zika Vector Control Act, I am not re- HONORING ANDREW ‘‘ANDY’’ during this difficult time. HYMAN corded because I was unavoidably detained. f Had I been present, I would have voted YES. TRIBUTE TO CALVIN W. MCELVAIN Mr. Speaker, on Roll Call No. 234 Adoption HON. JARED HUFFMAN of H. Res. 742, the rule providing for consider- OF CALIFORNIA ation of House Amendment to Senate Amend- IN THE HOUSE OF REPRESENTATIVES HON. DAVID YOUNG ment to H.R. 2576, TSCA Modernization Act Tuesday, June 7, 2016 OF IOWA of 2015 and H.R. 897, Zika Vector Control Act IN THE HOUSE OF REPRESENTATIVES I am not recorded because I was unavoidably Mr. HUFFMAN. Mr. Speaker, I rise today to Tuesday, June 7, 2016 detained. Had I been present, I would have recognize Andrew ‘‘Andy’’ Hyman of Marin voted YES. County, California, for his selection as the Mr. YOUNG of Iowa. Mr. Speaker, I rise Mr. Speaker, on Roll Call No. 235 on motion Trustee of the Year at the 2016 Golden Bell today to recognize and congratulate Calvin W. to suspend the rules and pass H.R. 5077, the Awards Ceremony, presented by the Marin McElvain of Des Moines, Iowa for earning the Intelligence Authorization Act for Fiscal Year County Office of Education in collaboration Gold Medal of Achievement Award of Iowa’s 2017, I am not recorded because I was un- with the Marin County School Board Associa- Royal Ranger Outpost Number 35. The Gold avoidably detained. Had I been present, I tion and other local civic organizations. A Medal of Achievement designation is the high- would have voted YES. member of the Dixie School District Board of est advancement rank in the Royal Ranger Mr. Speaker, on Roll Call No. 236 on Motion Trustees, Mr. Hyman has spent more than a Outpost based at Christian Life Assembly of to Recommit with Instructions H.R. 897, the decade advocating for and advising the district Des Moines. Zika Vector Control Act, I am not recorded be- and its students. To earn this Gold Medalist rank, Calvin cause I was unavoidably detained. Had I been As a member who served two terms as McElvain completed 47 skill merits, 213 Bible present, I would have voted NO. president of the Dixie School Board, Mr. lessons, and 35 hours of community service. Mr. Speaker, on Roll Call No. 237 on pas- Hyman has devoted thousands of hours on Beyond those opportunities, Calvin also com- sage of H.R. 897, the Zika Vector Control Act, vital committees and efforts. He led a district- pleted a service project by transforming the I am not recorded because I was unavoidably wide transportation committee to lower home- Christian Life Assembly Church’s modest fire detained. Had I been present, I would have to-school transportation costs, and helped ini- ring into a first rate campsite with a mason fire voted YES. tiate green purchasing and recycling policies. ring and anchored benches. Mr. Speaker, on Roll Call No. 238, on con- Additionally, he led efforts to create the first Mr. Speaker, the example set by this young curring in the Senate Amendment with an district-wide anti-bullying policy, and has man and his supportive family and community Amendment to H.R. 2576, the Frank R. Lau- worked to improve nutrition in school lunches. demonstrates the rewards of hard work, dedi- tenberg Chemical Safety for the 21st Century Mr. Hyman has been a consistent leader in cation, and perseverance. I am honored to Act, I am not recorded because I was un- our community across a range of issues af- represent Calvin McElvain and his family in avoidably detained. Had I been present, I fecting our schools. From organizing rallies to the United States Congress. I know that all of would have voted YES. working with local legislators, he has been a my colleagues in the U.S. House of Rep- f consistent and effective voice for our students resentatives will join me in congratulating him HONORING REVEREND PHARIS D. and their opportunities for success. on obtaining the Gold Medal of Achievement EVANS The Golden Bell Awards celebrate public ranking, and I wish him continued success in education in Marin County by recognizing out- his future education and career. HON. PETER J. VISCLOSKY standing teachers and supportive community f partners. Each year, they select an exemplary OF INDIANA IN THE HOUSE OF REPRESENTATIVES educator, classified employee, teacher, and PERSONAL EXPLANATION trustee for recognition. Tuesday, June 7, 2016 Mr. Speaker, it is therefore fitting that we HON. DOUG COLLINS Mr. VISCLOSKY. Mr. Speaker, I am hon- honor and thank Andrew ‘‘Andy’’ Hyman for OF GEORGIA ored to stand before you and my colleagues his contributions to students and public edu- IN THE HOUSE OF REPRESENTATIVES today to congratulate Reverend Pharis D. cation in Marin County and California. Tuesday, June 7, 2016 Evans on his 55th anniversary as Pastor of f Clark Road Missionary Baptist Church in Gary, Mr. COLLINS of Georgia. Mr. Speaker, on Indiana. For his lifetime of leadership and tire- HONORING THE LIFE OF MIKE Roll Call No. 229 on motion to suspend the less dedication to his congregation and to the PONTIUS rules and pass H.R. 4889, the Kelsey Smith community in Gary and beyond, he is worthy Act, I am not recorded because I was un- of the highest praise. In his honor, a HON. CHERI BUSTOS avoidably detained. Had I been present, I celebratory banquet hosted by Clark Road OF ILLINOIS would have voted NO. Missionary Baptist Church will take place on IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, on Roll Call No. 230 on motion June 13, 2016. to suspend the rules and pass H.R. 3998, the Pharis Evans graduated from Haywood High Tuesday, June 7, 2016 Securing Access to Networks in Disasters Act, School in Brownsville, Tennessee. As a young Mrs. BUSTOS. Mr. Speaker, I rise today to I am not recorded because I was unavoidably boy, his passion for theology grew from the mourn the passing of Michael ‘‘Mike’’ Pontius, detained. Had I been present, I would have church services he attended, and he knew who served the city of Freeport, Illinois, as a voted YES. early on that he was destined to be a preach- firefighter for nearly 14 years before retiring Mr. Speaker, on Roll Call No. 231 on order- er. He studied theology at Chicago Baptist In- due to injuries sustained on the job. ing the Previous Question on H. Res. 743, the stitute and continued his studies at Calumet

VerDate Sep 11 2014 07:15 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\K07JN8.007 E07JNPT1 emcdonald on DSK9F6TC42PROD with REMARKS E834 CONGRESSIONAL RECORD — Extensions of Remarks June 7, 2016 College of Saint Joseph in Whiting. It was on no doubt he will exhibit the same dedication IN RECOGNITION OF JIM PROCE the first Sunday in April 1961, when Pharis D. and character in all of his future accomplish- ON EARNING THE AMERICAN Evans was first selected to lead Clark Road ments. PUBLIC WORKS ASSOCIATION Missionary Baptist Church. For the past 55 f PUBLIC WORKS LEADER AWARD years, he has administered spiritual guidance to a congregation that presently serves more IN CELEBRATION OF THE 50 YEAR HON. PETE SESSIONS than 800 parishioners. Pastor Evans’s impact REUNION OF THE DILLARD HIGH SCHOOL CLASS OF 1966 OF TEXAS through his spiritual teaching has been im- IN THE HOUSE OF REPRESENTATIVES measurable, and those he has mentored can all attest to his generous nature. Throughout HON. ALCEE L. HASTINGS Tuesday, June 7, 2016 the years, he has been a tireless advocate for OF FLORIDA Mr. SESSIONS. Mr. Speaker, I rise today to his church and the community. Since 1963, IN THE HOUSE OF REPRESENTATIVES congratulate Jim Proce on earning the Amer- Pastor Evans has coordinated and maintained Tuesday, June 7, 2016 ican Public Works Association Public Works Radio Broadcast Outreach Ministry. From Leader Award. 2009 to the present, he has also served as Mr. HASTINGS. Mr Speaker, I rise today to Each year the American Public Works Asso- ‘‘Spiritual Advisor’’ for the Baptist Ministers commemorate 50 years since the Class of ciation recognizes 10 outstanding individuals Conference of Gary and Vicinity, and in 2008, 1966 graced the halls of Dillard High School in who have made an indelible mark on their he was awarded the prestigious community Fort Lauderdale, Florida. communities through their commitment to pub- service Drum Major Award by the Gary Fron- Dillard has a storied past and a bright fu- lic service. This year, I have the distinct honor tiers Service Club. Additionally, Pastor Evans ture. Originally established in 1907 as Colored of representing one of the recipients, Jim has served as President and Vice President of School Number Eleven, its opening marked Proce, the Assistant City Manager of Rowlett. the Progressive National Baptist Convention the beginning of monumental African Amer- Jim’s commitment to his community and for the state of Indiana and been a chaplain ican achievements in South Florida. At that dedication to service has not gone unnoticed for the Gary Police Department. A passionate time, Fort Lauderdale was a farming region throughout his 32 years of service. During his and proven leader, Pastor Evans has provided where locals found it unnecessary to educate career, he has earned many honors and counsel for many young ministers in search of African Americans past the sixth grade. awards including the National Community In- guidance and direction. For his selfless devo- Two decades later the school progressed volvement Award by the American Public tion to aiding those in need of spiritual guid- under Principal Dr. Joseph A. Ely, who added Works Association, was named the State Pub- ance, Pastor Evans is to be commended. more classes and sought to educate African lic Works Employee of the Year by FACERS Reverend Evans’s exceptional dedication to American students past the sixth grade. He in 2010, is a Designated Public Works Leader- the church and to his community is exceeded was also responsible for the school’s current ship Fellow by the Donald C. Stone Center for only by his devotion to his wonderful family. name, a nod to James Harvey Dillard, a white Leadership through the American Public He and his beloved late wife, Ann, raised five educator from Virginia, who was a black edu- Works Association, and is a member of the wonderful children (one deceased), and have cation advocate. International City Management Association. nine grandchildren (one deceased), and three In 1948, Dillard’s well-known jazz program In his role as Assistant City Manager of great-grandchildren. was led by Julian Edwin ‘‘Cannonball’’ Rowlett, Jim has excelled as a community I am privileged and honored to call Pastor Adderley, who later became one of the best leader and worked to implement strategic Evans my friend. More importantly, Reverend known jazz musicians in America. Adderley goals to strengthen the city and best serve the Pharis D. Evans has been a friend to all, the brought new life to the school and helped in- citizens of Rowlett. Throughout Jim’s years of epitome of what we consider a Man of God. still the importance of jazz in the students. He service he has displayed an unwavering com- A man who has led a life we should all seek taught jazz when it had not yet been accepted mitment to community and proved to be a dis- to emulate. His vision, his work, and his spirt as a classical art form, and while he was tinguished leader in all of his endeavors. have provided all of us with a guide to an im- teaching jazz he was also teaching Bach and I would like to offer Jim my heartiest con- proved and gentler future. Beethoven. gratulations on this immense accomplishment Mr. Speaker, I ask that you and my other Due to an expanding community, the high and thank him for his dedication to serving the distinguished colleagues join me in congratu- school grades were moved to a new facility at great people of Rowlett, Texas. lating Pastor Evans on his 55th anniversary as 2501 N.W. 11th Street in 1950, where the f Pastor of Clark Road Missionary Baptist Class of ’66 attended and graduated. Dillard Church. For his lifetime of leadership and self- High School is now one of 62 high schools in TRIBUTE TO MEGAN ROBERTS less service to others, he is to be truly an in- the Broward County Public Schools and has spiration to us all. become a magnet school open to all of HON. DAVID YOUNG Broward County, hosting three programs: f OF IOWA Performing & Visual Arts where students IN THE HOUSE OF REPRESENTATIVES JOE ANDERSON collaborate and work with artists-in-residence, and have the privilege of working side-by-side Tuesday, June 7, 2016 HON. ED PERLMUTTER with the professionals at the Broward Center Mr. YOUNG of Iowa. Mr. Speaker, I rise to OF COLORADO for the Performing Arts, the Fort Lauderdale honor and congratulate Megan Roberts of At- IN THE HOUSE OF REPRESENTATIVES Museum of Art and other local arts organiza- lantic, Iowa, for her selection by the Young tions. Professionals of Atlantic for the Young Profes- Tuesday, June 7, 2016 Emerging Computer Technology which of- sional Entrepreneur Award. Megan is associ- Mr. PERLMUTTER. Mr. Speaker, I rise fers a state-of-the-art technology curriculum ated with the Megan Roberts State Farm today to recognize and applaud Joe Anderson that complements students’ core academic re- Agency. for receiving the Arvada Wheat Ridge Service quirements utilizing computers and the latest Megan’s entrepreneurial spirit and involve- Ambassadors for Youth award. technologies to develop higher level thinking ment in a new start-up enterprise led to her Joe Anderson is a 12th grader at Warren skills, critical research and study, communica- selection for the award. Megan Roberts has a Tech North and received this award because tion, and problem solving. vision for leadership, highlighting community his determination and hard work have allowed Digital Entrepreneurship Academy where and civic responsibilities, a center of her busi- him to overcome adversities. students understand the essentials for suc- ness and personal life. She is focused on giv- The dedication demonstrated by Joe Ander- cessful business plan development, start-up ing back to her community, offering her life ex- son is exemplary of the type of achievement and operation using digital arts, and using perience and resources to assist with the im- that can be attained with hard work and perse- technology to create art, music, multimedia provement of Atlantic, all the while focusing on verance. It is essential students at all levels and animation. her future and career goals. strive to make the most of their education and Mr. Speaker, clearly all Panthers can be I applaud and congratulate Megan Roberts develop a work ethic which will guide them for proud of the history and future of Dillard High for earning this award. She is a shining exam- the rest of their lives. School. It is my absolute pleasure to wish ple of how hard work and dedication can af- I extend my deepest congratulations to Joe those Panthers celebrating their 50th high fect the future of a community and business. Anderson for winning the Arvada Wheat Ridge school reunion on June 18, 2016, a joyous I urge my colleagues in the U.S. House of Service Ambassadors for Youth award. I have and spirited reunion. Representatives to join me in congratulating

VerDate Sep 11 2014 07:15 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\K07JN8.008 E07JNPT1 emcdonald on DSK9F6TC42PROD with REMARKS June 7, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E835 Megan for her many accomplishments and for (GLAD) model to serve its students, an inno- The dedication demonstrated by Leah Volz her service to the Atlantic community. I wish vative approach that Ms. Coulter championed is exemplary of the type of achievement that her continued success in all her future en- to better serve its multilingual students. can be attained with hard work and persever- deavors. Ms. Coulter believes in the potential of each ance. It is essential students at all levels strive f child, and works hard so they can achieve to make the most of their education and de- success. She sets a high bar in her class- velop a work ethic which will guide them for HONORING JILL MCGEE room, while ensuring students feel respected the rest of their lives. and heard. Along with responding to individ- I extend my deepest congratulations to Leah HON. BETO O’ROURKE uals’ needs in the classroom, she also em- Volz for winning the Arvada Wheat Ridge OF TEXAS ploys data analysis and evaluates patterns Service Ambassadors for Youth award. I have IN THE HOUSE OF REPRESENTATIVES outside of class to better track and promote no doubt she will exhibit the same dedication and character in all of her future accomplish- Tuesday, June 7, 2016 students’ progress. The Golden Bell Awards celebrate public ments. Mr. O’ROURKE. Mr. Speaker, I rise today to education in Marin County by recognizing out- f honor and recognize Jill McGee for her dedi- standing teachers and supportive community OUR UNCONSCIONABLE NATIONAL cation and service to the El Paso community. partners. Each year, they select an exemplary DEBT As an elementary school teacher, Ms. McGee educator, classified employee, teacher, and has stood out among her peers for her innova- trustee for recognition. tive teaching methods that empower and chal- Mr. Speaker, it is therefore fitting that we HON. MIKE COFFMAN lenge her students. honor and thank Karrie Coulter for her con- OF COLORADO A native of Lincoln, Nebraska, Jill McGee tributions to students and public education in IN THE HOUSE OF REPRESENTATIVES earned her Spanish undergraduate degree Marin County and California. Tuesday, June 7, 2016 from North Park University in Chicago, Illinois f and her Master’s degree in Bilingual Education Mr. COFFMAN. Mr. Speaker, on January from the University of Texas at El Paso. After IN HONOR OF H.R. 4425, THE DES- 20, 2009, the day President Obama took of- graduating, Ms. McGee began her career as a IGNATION OF THE ‘‘EUGENE J. fice, the national debt was teacher in the colonias of our sister city Ciu- MCCARTHY POST OFFICE’’ IN $10,626,877,048,913.08. Today, it is $19,214,514,064,181.20. We’ve dad Juarez, Mexico. Through her work in Ciu- COLLEGEVILLE, MINNESOTA added $8,587,637,015,268.12 to our debt in 6 dad Juarez, Ms. McGee has become fluent in years. This is over $7.5 trillion in debt our na- Spanish and realized the importance of dual- HON. BETTY McCOLLUM tion, our economy, and our children could language education. To this day, Ms. McGee OF MINNESOTA have avoided with a balanced budget amend- often finds herself back in Ciudad Juarez IN THE HOUSE OF REPRESENTATIVES ment. where she continues to work several days a week with students from areas of extreme Tuesday, June 7, 2016 f poverty. Ms. MCCOLLUM. Mr. Speaker, I rise to sup- TRIBUTE TO KATHLEEN RICKER More recently, Ms. McGee has worked over port H.R. 4425 and honor the late Senator Eu- the past five years as a second grade elemen- gene McCarthy, from Minnesota. H.R. 4425 HON. DAVID YOUNG tary school teacher at Mesita Elementary, a will rename the postal facility located at 110 OF IOWA dual-language elementary school in El Paso, East Powerhouse Road in Collegeville, Min- IN THE HOUSE OF REPRESENTATIVES Texas. At Mesita, she has incorporated the nesota, as the ‘‘Eugene J. McCarthy Post Of- use of cutting edge technology in the class- fice.’’ Tuesday, June 7, 2016 room, such as computer coding and live Before becoming a two-term Senator for the Mr. YOUNG of Iowa. Mr. Speaker, I rise broadcasting of her classes online, while also great state of Minnesota, Senator McCarthy today to recognize and honor Kathleen Ricker crafting a syllabus that challenges her stu- was one of my predecessors, representing the of Des Moines, Iowa on the very special occa- dents through problem-based learning. people of the 4th District of Minnesota. In both sion of her retirement after 48 years of cham- To honor Jill McGee’s decade-plus teaching the House and the Senate, Senator McCarthy pioning for students, with many of those years career and dedication to dual-language learn- took pride in representing Minnesota and was as principal of Bergman Academy in Des ing, the El Paso Independent School District widely recognized for his collegiality and pas- Moines, Iowa. She will retire in June 2016 and recently recognized her as the 2016 Elemen- sion for good governance. Perhaps President her impact will be reverberating for genera- tary School Teacher of the Year. Lyndon B. Johnson said it best when he re- tions to come. Jill McGee is an inspiration to the El Paso ferred to Senator McCarthy as ‘‘one of those Mrs. Ricker came to the Des Moines Jewish community, and I am honored to represent uncommon men who puts his courage in the Academy in 1977 to develop the school be- her. service of his country, and whose eloquence cause of her proven track record for recog- f and energy are at the side of what is right and nizing and nurturing academic excellence in good.’’ young Iowans. In 2004, the Des Moines Jew- HONORING KARRIE COULTER As a graduate of both Saint John’s Pre- ish Academy merged with another private paratory School and Saint John’s University in school to form The Academy, teaching 65 stu- HON. JARED HUFFMAN Collegeville, Minnesota, I am sure Senator dents. Years later, the Academy outgrew its OF CALIFORNIA McCarthy would be happy to know that the home at the Tifereth Israel Synagogue in Des IN THE HOUSE OF REPRESENTATIVES Collegeville Post Office will now forever bear Moines, relocating and taking on the new name of Bergman Academy. The Bergman Tuesday, June 7, 2016 his name. f Academy now educates over 250 students. Mr. HUFFMAN. Mr. Speaker, I rise today to Kathleen Ricker has guided students to be- recognize Karrie Coulter of Marin County, LEAH VOLZ come well-rounded citizens, telling her stu- California, for her selection as the Teacher of dents, ‘‘To whom much is given, much is ex- the Year at the 2016 Golden Bell Awards HON. ED PERLMUTTER pected.’’ This spirit of philanthropy has been Ceremony, presented by the Marin County Of- OF COLORADO realized in school service projects, with stu- fice of Education in collaboration with the IN THE HOUSE OF REPRESENTATIVES dents and their families contributing to organi- Marin County School Board Association and zations such as the Ronald McDonald House, other local civic organizations. Ms. Coulter has Tuesday, June 7, 2016 the Animal Rescue League of Iowa, Food dedicated more than 15 years to educating Mr. PERLMUTTER. Mr. Speaker, I rise Bank of Iowa, UNICEF, Meals from the Heart- students in San Rafael City Schools and is today to recognize and applaud Leah Volz for land and many more charitable and philan- currently a 2nd grade teacher at Short Ele- receiving the Arvada Wheat Ridge Service thropic organizations. Academically, her pupils mentary School in San Rafael. Ambassadors for Youth award. have reached their potential during their A skilled teacher and proven leader, Ms. Leah Volz is a 12th grader at Warren Tech Bergman Academy years, with the school Coulter helped shape the direction of Short North and received this award because her scoring in the 99th percentile on standardized when it reopened in 2012. The school uses determination and hard work have allowed her assessments each year. Learning is also en- the Guided Language Acquisition Design to overcome adversities. riched through programs such as archery,

VerDate Sep 11 2014 07:15 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A07JN8.006 E07JNPT1 emcdonald on DSK9F6TC42PROD with REMARKS E836 CONGRESSIONAL RECORD — Extensions of Remarks June 7, 2016 chess club, Odyssey of the Mind, the arts, and products. Federal policy should be a floor, not RECOGNIZING BRYAN ‘‘SCOTTIE’’ numerous class trips. a ceiling, for public health and safety. States, IRVING AND BLUE SKYE DEVEL- I commend Kathleen Ricker for shaping the like my Minnesota, have led the way in cre- OPMENT AND CONSTRUCTION hearts and minds of so many central Iowans. ating chemical safety standards that protect I wish her a lifetime of joy, prosperity, happi- their residents. Last year in Minnesota, we HON. ELEANOR HOLMES NORTON ness and faith as she embarks on her next took an important step toward protecting chil- OF THE DISTRICT OF COLUMBIA journey. I know that my colleagues in the dren and firefighters’ health when the legisla- IN THE HOUSE OF REPRESENTATIVES United States House of Representatives will ture passed a law to prohibit toxic flame join me in congratulating Kathleen Ricker on retardants. Tuesday, June 7, 2016 this celebratory milestone. For my part, I will continue to be an advo- Ms. NORTON. Mr. Speaker, I rise today to f cate for reform that protects public health, not ask the House of Representatives to join me special interests like the chemical industry. in recognizing and commending Bryan ‘‘Scot- FRANK R. LAUTENBERG CHEMICAL tie’’ Irving, president of Blue Skye Develop- SAFETY FOR THE 21ST CENTURY f ment and Construction as our 2016 D.C. ACT, (H.R. 2576) Small Business of the Year. The D.C. Small HONORING THE ROTARY CLUB OF Business of the Year is named annually at our HON. KEITH ELLISON ALBUQUERQUE D.C. Small Business Fair, and serves as an OF MINNESOTA example to inspire D.C. small businesses on IN THE HOUSE OF REPRESENTATIVES what can be accomplished by small busi- Tuesday, June 7, 2016 HON. MICHELLE LUJAN GRISHAM nesses here. We selected Blue Skye Development and Mr. ELLISON. Mr. Speaker, I support the OF NEW MEXICO Construction not only because of its suc- Frank R. Lautenberg Chemical Safety for the IN THE HOUSE OF REPRESENTATIVES cesses as a small business in the highly com- 21st Century Act because it offers Americans petitive construction field, but also because of meaningful protection from exposure to dan- Tuesday, June 7, 2016 the company’s work in providing affordable gerous, unregulated chemicals found in the Ms. MICHELLE LUJAN GRISHAM of New housing in the District. No area of entrepre- products we use every day. This bill rep- neurship for businesses of every size today is resents a substantive step in favor of public Mexico. Mr. Speaker, I rise today to acknowl- edge the 100th Anniversary of the Rotary Club more difficult than affordable housing. Blue health, but it’s far from what’s needed. Skye is working in Southeast D.C. to provide Today, the status quo isn’t working. Indus- of Albuquerque, which was chartered on July 1, 1916, with 31 charter members embracing affordable condominium units for District resi- tries can release hundreds of chemicals each dents. Blue Skye is experienced in local con- year into our homes and workplaces without the Rotary International motto of Service Above Self. struction, and has worked on Marleyridge any federal requirement to consider their safe- Condominiums, Arena Condominiums, Terrell ty. Researchers have linked chemicals used in Community service projects have been a Jr. High School, the Office of Public Education things like household cleaners, clothing, and central theme throughout the club’s history. Facilities Modernization, Tewkesbury Con- furniture, to serious illnesses like cancer, infer- Among the first efforts of the Albuquerque dominiums, Washington Highlands Neighbor- tility, diabetes and Parkinson’s. The current Club was ‘‘boosting’’ the climate and health fa- hood Library, Rosedale Recreation Center, law, the Toxic Substances Control Act cilities of the city, at a time when tuberculosis Park 7, Hayes Street Apartments, and Bald (TSCA), isn’t up to the job. It restricts the En- sanatoriums were a leading industry. Rotar- Eagle Recreation Center. vironmental Protection Agency (EPA) from ians promoted and supported good roads for Bryan ‘‘Scottie’’ Irving is a fifth generation doing much of anything about these dangers. Albuquerque when it became apparent that Washingtonian with very strong ties to the Dis- Under TSCA, only a small fraction of the thou- the automobile was imperative to future trict of Columbia. Mr. Irving is a graduate of sands of chemicals used in our products have growth. The Club helped direct attention to the Cardozo High School and Central State Uni- ever been reviewed for safety. recurring problem of flooding from the Rio versity in Ohio. Before founding Blue Skye De- The current law is so weak that the EPA Grande, and generated local support for the velopment and Construction, Bryan was a couldn’t even regulate asbestos. In 1989, after institution of the Middle Rio Grande Conser- D.C. public school teacher and also had a 10 years of research and more than 100,000 vancy District, which continues to deal with a successful career as vice president of basket- pages of administrative record supporting ac- variety of critical water issues today. ball and football recruitment with Business tion, the EPA issued a rule under TSCA to Over the years, the Club has played an im- Arena Inc., a sports marketing firm. Today, ban most uses of asbestos. But two years portant role in the expansion of cultural life in Blue Skye serves government, residential, and later, the EPA’s regulation was overturned by Albuquerque. Members launched the Sym- commercial clients across the national capital the Fifth Circuit Court of Appeals; while ac- phony Orchestra in 1932, which is now the region. The company is an example and a role knowledging that ‘‘asbestos is a potential car- New Mexico Philharmonic that has delighted model for D.C. residents and small businesses cinogen at all levels of exposure,’’ the Court and inspired audiences for over half a century. who seek to succeed in business by providing ruled that the agency’s administrative record The Club also helped sustain the Albuquerque outstanding service. failed to demonstrate that the regulation was Little Theater for nearly as long. Mr. Speaker, I ask the House of Represent- the ‘‘least burdensome alternative,’’ as re- atives to join me in congratulating Bryan quired under the law. Since the court’s ruling, In more recent years, the Rotary Club co- sponsored the Grand Opening of the New ‘‘Scottie’’ Irving of Blue Skye Development and the burden to regulate most toxic substances Construction, this year’s D.C. Small Business under TSCA has been insurmountable. Mexico Natural History Museum and provided major sponsorship for the ‘‘Children’s Fantasy of the Year, for his noteworthy accomplish- The Frank R. Lautenberg Chemical Safety ments in the construction of affordable hous- for the 21st Century Act is an important im- Garden’’ at the Albuquerque Biological Park. Members are currently leading a Signature ing and numerous government and other provement over TSCA. It would require re- projects. views for chemicals in use today, mandating Centennial Project to provide $500,000 to the f greater scrutiny of new chemicals, and remov- Explora! Museum for the ‘‘Working Together to ing barriers that have prevented the EPA from Build a Village’’ project, which will lead partici- MARIAH GREEN regulating highly toxic substances in the past, pants to experiment with science, engineering, such as asbestos. architecture and the daily application of the HON. ED PERLMUTTER This reform is necessary, but it’s not ade- construction process, encouraging an appre- ciation for STEM. OF COLORADO quate. The Frank R. Lautenberg Chemical IN THE HOUSE OF REPRESENTATIVES Safety Act doesn’t do everything public health As it completes its first century of service in and safety demand. Unfortunately, it bows to our city, the Rotary Club of Albuquerque will Tuesday, June 7, 2016 chemical industry, which stood in the way of continue to play a leading role in helping solve Mr. PERLMUTTER. Mr. Speaker, I rise reform for so long, in key provisions. For ex- problems and improve the community. The today to recognize and applaud Mariah Green ample, the chemical industry demanded and moral and ethical foundation of Rotary is time- for receiving the Arvada Wheat Ridge Service got unprecedented state preemption standards less, and will continue to inspire members with Ambassadors for Youth award. in the bill. It also imposes limitations on the a sense of civic pride and service for many Mariah Green is a 12th grader at Pomona EPA’s ability to monitor chemicals in imported years to come. High School and received this award because

VerDate Sep 11 2014 07:15 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A07JN8.010 E07JNPT1 emcdonald on DSK9F6TC42PROD with REMARKS June 7, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E837 her determination and hard work have allowed ice. Beyond those opportunities, Alexander Accountability Office assessed each review her to overcome adversities. also completed a service project by honoring extensively and determined that stakeholder The dedication demonstrated by Mariah the community and spirit of patriotism by engagement and documentation were among Green is exemplary of the type of achieve- hosting a U.S. flag retirement ceremony and the areas for improvement in future QHSRs. ment that can be attained with hard work and replacing those retired U.S. flags with new The Quadrennial Homeland Security Review perseverance. It is essential students at all U.S. flags which were given to local organiza- Technical Correction Act of 2016 addresses levels strive to make the most of their edu- tions. GAO findings and offers critical improvements cation and develop a work ethic which will Mr. Speaker, the example set by this young to the QHSR. Among the key provisions are guide them for the rest of their lives. man and his supportive family and community more specificity on outreach to stakeholders I extend my deepest congratulations to demonstrates the rewards of hard work, dedi- and requirements for supporting documenta- Mariah Green for winning the Arvada Wheat cation, and perseverance. I am honored to tion on stakeholder engagement and risk as- Ridge Service Ambassadors for Youth award. represent Alexander Reed and his family in sessments. I have no doubt she will exhibit the same dedi- the United States Congress. I know that all of Specifically, my legislation enhances stake- cation and character in all of her future ac- my colleagues in the U.S. House of Rep- holder engagement, by further specifying ap- complishments. resentatives will join me in congratulating Alex propriate stakeholders to consult with during f on obtaining the Gold Medal of Achievement the preparation of the QHSR including the ranking, and I wish him continued success in Homeland Security Advisory Council, the DEATH OF JOHN MULLINIX his future education and career. Homeland Security Science and Technology f Advisory Committee, and the Aviation Security HON. DOUG COLLINS Advisory Committee. OF GEORGIA HONORING THE 100TH ANNIVER- Additionally, my bill requires the Department SARY OF KIWANIS CLUB OF AU- IN THE HOUSE OF REPRESENTATIVES to use a risk assessment when determining RORA the homeland security missions and threats. Tuesday, June 7, 2016 When interacting with outside agencies to Mr. COLLINS of Georgia. Mr. Speaker, I HON. BILL FOSTER gather information on sources and strategies, rise today with great sorrow as Georgia’s OF ILLINOIS the Department must do so to the extent prac- Ninth District mourns the loss of one of its IN THE HOUSE OF REPRESENTATIVES tical for the Department to gather the informa- great leaders. tion needed. Tuesday, June 7, 2016 John Mullinix epitomized the North Georgia Finally, the Quadrennial Homeland Security values of my district. His passing on May 22nd Mr. FOSTER. Mr. Speaker, I rise today in Review Technical Correction Act of 2016 re- robbed us of a man who truly valued patriot- honor of the 100th anniversary of the Kiwanis quires DHS to retain all written communica- ism and the well-being of our great nation. Club of Aurora. Since 1916, Kiwanis Club of tions through technology, online communica- John loved the Constitution as much as he Aurora has been dedicated to serving children tion, in-person discussions and the inter- loved the beautiful mountains of Fannin Coun- locally and globally. Kiwanis Club of Aurora agency process and all information on how the ty that he called home. It was in those moun- was the first club in the Illinois-Eastern Iowa communications and feedback informed the tains that John showed what service to your District and the twenty-first club chartered in development of the review. The Secretary community truly means. the world. should also retain information regarding the John never hesitated to give his time when With their motto, ‘‘Serving the Children of risk assessment including data used to gen- his community was in need. He served as a the World,’’ Kiwanis Club of Aurora has done erate the risk results, sources of information to volunteer firefighter, a guest columnist for his just that, improving the lives of children across generate the risk assessment, and information local newspaper, and Chairman of the Fannin the world, one child and one community at a on assumptions, weighing factors, and subjec- County Tea Party Patriots. time. Kiwanis Club of Aurora’s largest service tive judgments used to generate the risk as- In our time of divisive partisanship and vi- project, the annual Coats for Kids drive, pro- sessment. cious personal attacks, John provided a re- vides over 2,000 winter coats to needy chil- I urge support of this legislation to ensure freshing return to positive politics. His motto dren in the Aurora area. that future Quadrennial Homeland Security was that you could disagree without being dis- Mr. Speaker, I ask my colleagues to join me Reviews provide homeland security decision- agreeable. in commemorating the 100th anniversary of makers inside DHS and across the country John held to his political beliefs with the Kiwanis Club of Aurora as they continue their with the analysis they need to help protect the same sincerity with which he lived his life. His long tradition of fellowship and service. United States. ideal time to discuss politics was over some f f good Georgia barbeque. I join the people of Fannin County and the INTRODUCTION OF THE ‘‘QUAD- EXPRESSING GRATITUDE TO THE Ninth District of Georgia in offering our RENNIAL HOMELAND SECURITY INDIVIDUALS WHO ORGANIZE thoughts and prayers to his wife, Janet, moth- REVIEW TECHNICAL CORRECTION AND RUN KANSAS HONOR er, Elizabeth, and siblings; Patricia, Stephen, ACT OF 2016’’ FLIGHT Michael, and Mark. We have lost a man that will never be replaced. HON. BONNIE WATSON COLEMAN HON. MIKE POMPEO f OF NEW JERSEY OF KANSAS IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO ALEXANDER REED IN THE HOUSE OF REPRESENTATIVES Tuesday, June 7, 2016 Tuesday, June 7, 2016 HON. DAVID YOUNG Mrs. WATSON COLEMAN. Mr. Speaker, I Mr. POMPEO. Mr. Speaker, in May of 2012 OF IOWA am proud to introduce legislation today titled the Kansas Honor Flight took its first group of IN THE HOUSE OF REPRESENTATIVES the ‘‘Quadrennial Homeland Security Review the Greatest Generation to Washington, D.C. Technical Correction Act of 2016.’’ Now, four years later, almost 950 World War Tuesday, June 7, 2016 In 2007, the Committee on Homeland Secu- II and Korean War Veterans have been able Mr. YOUNG of Iowa. Mr. Speaker, I rise rity passed Public Law 110–53, the Imple- to visit the nation’s capital to see their memo- today to recognize and congratulate Alexander menting Recommendations of the 9/11 Com- rials and honor friends who made the ultimate Reed of Des Moines, Iowa for earning the mission Act. Under this Act, the Department of sacrifice. This month, on May 4th, the 35th Gold Medal of Achievement award of Iowa’s Homeland Security is required to produce Kansas Honor Flight touched down in Wash- Royal Ranger Outpost Number 35. The Gold every four years a unified, strategic framework ington, D.C. Medal of Achievement designation is the high- for homeland security missions and goals, These flights would not happen without est advancement rank in the Royal Ranger known as the Quadrennial Homeland Security amazing volunteers. The work Mike and Outpost based at Christian Life Assembly of Review (QHSR). The goal of the QHSR is to Connie VanCampen have done to honor these Des Moines. provide a comprehensive assessment and veterans is an exceptional example of the ad- To earn this Gold Medalist rank, Alexander analysis of the threats facing the homeland. miration Kansans, and all Americans, have for Reed completed 56 skill merits, 212 Bible les- Thus far, the Department has produced two the men and women who serve. The sons, and over 58 hours of community serv- reviews, in 2010 and 2014. The Government VanCampens are not alone in this effort. A

VerDate Sep 11 2014 07:15 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\K07JN8.020 E07JNPT1 emcdonald on DSK9F6TC42PROD with REMARKS E838 CONGRESSIONAL RECORD — Extensions of Remarks June 7, 2016 network of dedicated patriots whose selfless RECOGNIZING NORTHWEST INDI- IN RECOGNITION OF JIM AND sacrifice on behalf of fellow Kansans mirrors ANA’S NEWLY NATURALIZED SUZIE CONNORS FOR THEIR that of the veterans they serve has worked on CITIZENS SERVICE TO THE JEWISH FAM- arranging these flights. These volunteers in- ILY SERVICE OF NORTHEASTERN clude another husband and wife team, Lowell PENNSYLVANIA and Joyce Downey, whose devotion to our HON. PETER J. VISCLOSKY Kansas veterans is truly inspiring. OF INDIANA In addition to volunteers, I would like to HON. MATT CARTWRIGHT thank the family members that accompany IN THE HOUSE OF REPRESENTATIVES OF PENNSYLVANIA these veterans to Washington. I have met Tuesday, June 7, 2016 IN THE HOUSE OF REPRESENTATIVES many of these family members as they escort Tuesday, June 7, 2016 their hero around the World War II memorial. Mr. VISCLOSKY. Mr. Speaker, it is with The pure joy and admiration on the faces of great pleasure and sincerity that I take this Mr. CARTWRIGHT. Mr. Speaker, I rise these family members as they experience the time to congratulate thirty-one individuals who today to honor Jim and Suzie Connors, who memorial for the first time reassures me that will take their oath of citizenship on Friday, will be recognized at the Jewish Family Serv- generations to come will understand and ven- June 10, 2016. This memorable occasion, pre- ice of Northeastern Pennsylvania’s Inaugural erate the sacrifices of our nation’s military sided over by Magistrate Judge Andrew Community Recognition Event on June 8, members past and present. From the bottom Rodovich, will be held at the United States 2016. Mr. and Mrs. Connors will be honored of my heart I say thank you. Thank you for the Courthouse and Federal Building in Ham- for their work with Jewish Family Service and long hours. Thank you for your dedication. mond, Indiana. their long history of service to the Greater Thank you Kansas Honor Flight. America is a country founded by immi- Scranton Community. f grants. From its beginning, settlers have come The Jewish Family Service of Northeastern from countries around the world to the United Pennsylvania is a human service organization, TRIBUTE TO PERCIVAL States in search of better lives for their fami- which reflects the Jewish tradition of caring SCIENTIFIC, INC. lies. Oath ceremonies are a shining example and compassion for all people in need. of what is so great about the United States of Through professional counseling, advocacy, HON. DAVID YOUNG America—that people from all over the world and educational programming, its services OF IOWA can come together and unite as members of seek to enhance and strengthen the quality of IN THE HOUSE OF REPRESENTATIVES a free, democratic nation. These individuals individual, family, and community life. realize that nowhere else in the world offers a Mr. and Mrs. Connors are well known as Tuesday, June 7, 2016 better opportunity for success than here in community leaders committed to helping oth- Mr. YOUNG of Iowa. Mr. Speaker, I rise America. ers throughout Northeastern Pennsylvania. today to recognize and congratulate an exem- On June 10, 2016, the following people, Jim served as Mayor of Scranton from 1990 to plary Iowa company, Percival Scientific, Inc. representing many nations throughout the 2002. Suzie was an educator in the Scranton as they are recognized with an ‘‘E’’ Award, the world, will take their oaths of citizenship in school district for over thirty years and is a United States Government’s highest honor to Hammond, Indiana: Joseph Nderito Ndungu, former board president for Jewish Family an American exporter and export service pro- Kareema Abbas Khazaal, Waqar Hikmat Service. Today, they both serve as members vider. Mahmood Jbara, Guadalupe Garcilazo Coria, on the board of directors for Jewish Family The United States Department of Com- Joseph Githae Njoroge, Lawrence George Service. merce notified Percival Scientific, Inc. of the Cartwright, Sridhar Meda, Hellen Wangari It is an honor to recognize Mr. and Mrs. award, citing the company’s ‘‘economic dyna- Gathesha, Isabela Patena Pascua, Haopeng Connors. I wish them the best as they con- mism and leadership,’’ and acknowledging that Xie, Leslie Sorayda Lopez, Mario Vazquez tinue to work to improve the lives of Penn- Percival Scientific, Inc.’s officials ‘‘recognize Sanchez, Michelle Patena Santarromana, sylvanians. the importance exports have on creating jobs Verica Prentoska, Esmerelda Ortiz, Sridhar and strengthening the United States econ- Punukollu, Marina Gramosli, Tasuli Gramosli, f omy.’’ Percival Scientific, Inc. is only one of Maria Delgado, Bharath Ganesh Babu, Maria 123 recipients of the President’s ‘‘E’’ Award. Angelica Garcia, Juvenal Gonzalez, Fabiola MORGAN RASMUSSEN In 1961, President John F. Kennedy, Jr. cre- Guerra Alocilla, John Donghyun Kim, Ivy Cong ated this award to recognize companies who Lu, Madhuri Punukollu, Emilio Soria, Alicia support the expansion of U.S. exports. Per- Tapia, Ernesto Abraham Velazquez, and Jo- HON. ED PERLMUTTER cival Scientific, Inc. has been in business for seph Kamau Njoroge Venanzio. OF COLORADO over 125 years, established in 1886 in Des IN THE HOUSE OF REPRESENTATIVES Moines, Iowa, starting as Percival Manufac- Although each individual has sought to be- turing. The company manufactured and sold come a citizen of the United States for his or Tuesday, June 7, 2016 butcher tools, machinery and fixtures. As re- her own reasons, be it for education, occupa- tion, or to offer their loved ones better lives, Mr. PERLMUTTER. Mr. Speaker, I rise frigeration came into being, Percival Manufac- today to recognize and applaud Morgan Ras- turing received a patent to manufacture a each is inspired by the fact that the United States of America is, as Abraham Lincoln de- mussen for receiving the Arvada Wheat Ridge complete line of refrigerated display units. Service Ambassadors for Youth award. Since 2000, the company remains housed in scribed it, a country ‘‘. . . of the people, by a 60,000-square feet facility in Perry, Iowa, the people, and for the people.’’ They realize Morgan Rasmussen is a 12th grader at employing hundreds of central Iowans and that the United States is truly a free nation. By Stanley Lake High School and received this contributing to the local and global economy. seeking American citizenship, they have made award because her determination and hard Mr. Speaker, over the last century, Percival the decision that they want to live in a place work have allowed her to overcome adversi- Scientific, Inc. has left an indelible mark on the where, as guaranteed by the First Amendment ties. manufacturing export industry in Iowa and of the Constitution, they can practice religion The dedication demonstrated by Morgan around the world. Their innovation and forward as they choose, speak their minds without fear Rasmussen is exemplary of the type of thinking in the creation of state-of-the-art re- of punishment, and assemble in peaceful pro- achievement that can be attained with hard frigeration chambers is recognized and ad- test should they choose to do so. work and perseverance. It is essential stu- mired worldwide among their peers. I com- Mr. Speaker, I respectfully ask you and my dents at all levels strive to make the most of mend Percival Scientific, Inc. and their em- other distinguished colleagues to join me in their education and develop a work ethic ployees for a job well done. I also ask that my congratulating these individuals who will be- which will guide them for the rest of their lives. colleagues in the United States House of Rep- come citizens of the United States of America I extend my deepest congratulations to Mor- resentatives join me in honoring this company on June 10, 2016. They, too, are American gan Rasmussen for winning the Arvada Wheat for their unwavering commitment to manufac- citizens, and they, too, are guaranteed the in- Ridge Service Ambassadors for Youth award. turing and to the state of Iowa. I wish Percival alienable rights to life, liberty, and the pursuit I have no doubt she will exhibit the same dedi- Scientific, Inc. and their employees nothing but of happiness. We, as a free and democratic cation and character in all of her future ac- continued success in their future endeavors. nation, congratulate them and welcome them. complishments.

VerDate Sep 11 2014 07:15 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A07JN8.017 E07JNPT1 emcdonald on DSK9F6TC42PROD with REMARKS June 7, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E839 RECOGNIZING THE 20TH uting, for a public dialogue on workforce diver- Humboldt Fish Action Council. He co-chaired ANNIVERSARY OF VOICE-BUFFALO sity and training strategies. the Task Force for the Humboldt Bay Manage- Secretary Perez addressed a packed audi- ment Plan, served as the fishing industry rep- HON. BRIAN HIGGINS torium at Bennett High School outlining the resentative to the Klamath River Basin Fish- Federal Government’s plan to provide re- eries Technical Work Group, and was ap- OF NEW YORK sources to fill the existing gaps by connecting pointed by Interior Secretary Babbit to the IN THE HOUSE OF REPRESENTATIVES people in need to the pipeline of opportunity Trinity Task Force. Tuesday, June 7, 2016 and employment. The challenge to develop in- In 1995, Jimmy was elected to the Hum- novative approaches has been embraced by Mr. HIGGINS. Mr. Speaker, I stand before boldt Bay Harbor, Recreation and Conserva- VOICE-Buffalo and its community partners you today to celebrate the 20th Anniversary of tion District and served until 2000, where he who continue to use their expertise to identify VOICE-Buffalo, a faith-based community of worked with the U.S. Army Corps of Engineers the underlying issues that prevent hiring and urban and suburban congregations throughout to deepen Humboldt Bay to improve safety advocate for sustainability measures. the County of Erie that has more than exceed- and accommodate deep-draft ships. Jimmy There is well-deserved national acclaim for ed its mission to be the ‘‘Voice of the Voice- was then elected to the Humboldt County Buffalo’s renaissance but the true measure of less.’’ Board of Supervisors in 2000, a position he success will be when all residents are able to In 1996 VOICE-Buffalo Clergy identified served in for 12 years. His achievements, participate in the rebuilding of Western New congregation-based organization as the strat- which he always credited to those he worked egy for breaking down the barriers that divide York. VOICE-Buffalo has accepted that chal- lenge and is leading the way to ensure that a with, are too many to record. Among them neighborhoods, our city and region. Tirelessly were working tirelessly to clean up the South dedicated to creating a culture of responsibility pathway to participation is in place and that it is sustainable. Spit of Humboldt Bay—now the Mike Thomp- and accountability for what happens in our son Wildlife Area; helping broker agreements community, VOICE-Buffalo continues to build The process of creating positive social change is never easy; it takes courage, faith, meant to tear out the Klamath River’s fish- the capacity of people to act on their concerns blocking dams; and efforts to improve flows on and to strengthen and connect institutions to patience and vision. And that is why I rise today in the House of Representatives to ac- the Eel River and protect fisheries on the individuals. Klamath, Trinity and Eel rivers. During his Today, 55 interfaith and diverse congrega- knowledge with admiration and appreciation the courage, faith, patience and vision of term as supervisor, Jimmy was a primary vi- tions, unions and other community organiza- sionary and co-founder of the seven-county tions that share common values, focus on VOICE-Buffalo. More than 400 others joined together in the Golden Ballroom of Statler City North Coast Integrated Regional Water Man- bringing local issues that profoundly impact agement Plan (now the North Coast Resource the lives of residents to the forefront. VOICE- to celebrate the 20th Anniversary of VOICE- Buffalo on June 2, 2016 and to give thanks for Partnership) and the Five-Counties Salmonid Buffalo members believe in the positive Conservation Program. progress that can be achieved through rallying the contributions of Father Harry Grace, Rev. local leaders, congregations and the private Will Brown (posthumously), Marianne Jimmy was named National Fisherman sector together to hold those in power ac- Rathman, Murray Holman, Robert Spicer and Magazine Highliner of the Year in 1983 and countable for making decisions that are in the Amy Vossen Vukelic. received numerous other recognitions, includ- best interest of the community. Thank you for this opportunity to congratu- ing the John Pelnar Commercial Fisherman For two decades, VOICE’s mission has late VOICE-Buffalo for its accomplishments. I Award in 1984 and awards from the U.S. Fish taken root in those committed to the cause of would like to extend my best wishes for con- & Wildlife Service, California Waterfowl Asso- social and economic justice and whose train- tinued success. By standing together, we can ciation, U.S. Coast Guard, Eureka Chamber of ing enhances engagement in the public life of ‘‘be the people we’ve been waiting for’’ that Commerce, Elks Club, and the Humboldt their congregations and communities. This make a difference in our community and set County League of Women Voters. He was a committed membership acts locally to connect ‘‘Our Path to Power.’’ member and the chair of the Commercial people, build public relationships, address f Salmon Trollers Advisory Committee and Cali- issues in their church neighborhoods and has fornia Salmon Stamp Committee. HONORING JIMMY SMITH built a regional organization with the capacity Jimmy Smith was a champion of the North to address policies that impact individuals, Coast and the conservation of its natural re- families and communities. HON. JARED HUFFMAN sources. He had a profound impact on so Committed to long term systemic change, OF CALIFORNIA many people, often serving as a valued friend, VOICE-Buffalo has achieved tangible and IN THE HOUSE OF REPRESENTATIVES partner, and mentor. He quietly led by exam- transformative success with its push to in- Tuesday, June 7, 2016 ple and earned his reputation as a true gen- crease health and public safety with the devel- tleman known for creating partnerships, re- opment of a city-wide uniform garbage tote Mr. HUFFMAN. Mr. Speaker, I rise today sponsive leadership, treating everyone with re- system, the implementation of Project Holy along with Representative MIKE THOMPSON in spect, generosity of spirit, kindness, and integ- Ground to strengthen congregations, engage memory of our friend, Jimmy Smith, who rity. Those who knew him best appreciated his and connect people to the community and passed away on May 24, 2016, at the age of witty sense of humor and love for teasing bring stability to neighborhoods. In 2004, 67. A third generation Humboldt County na- those he liked. VOICE-Buffalo called for targeted demolition tive, Jimmy was woven into the fabric of Cali- of unsafe properties that led to collaboration fornia’s North Coast as a commercial fisher- Jimmy is survived by his soul mate and wife with the city of Buffalo to develop a user man, avid outdoorsman, dedicated public serv- of more than 40 years, Jacque; his son Gary; friendly manual on housing inspections and ant, and community leader. his granddaughters Shawni Chrislock and her procedures. Born in Eureka on July 11, 1948, to James husband Kohl, and McKayla Smith; his sisters Recent successes have been made in pub- L. Smith and Jean Withey, Jimmy graduated Laurie Smith and Marnie Carr; and nieces, lic transportation and in bringing methods of from Eureka High in 1966. In 1972, Jimmy nephews and cousins. He also leaves behind Restorative Justice to Erie County. Voice bought a salmon and crab fishing boat, which many friends who loved him and will miss him sponsorship has boosted training for more he operated out of Humboldt Bay for 30 years. dearly. than 50 ‘‘peace circle keepers’’ and the estab- He became a respected and expert fisherman Few are as beloved and widely respected lishment of faith-based peace center ‘‘hubs.’’ known for his uncanny ability to locate salmon. as Jimmy Smith, who made such a difference In March of this year, I had the privilege of Jimmy was also a lifelong hunter with a pas- in the lives of so many and in his community. working with VOICE-Buffalo, NOAH (Niagara sion for ducks and geese, especially black We both considered him a friend and relied on Organizing Alliance for Hope) and its joint fed- brant. him for his wise counsel, as did our staffs and eration, Gamaliel WNY (Western New York) in During his time as a commercial fisherman, our colleagues in state and local government. welcoming U.S. Labor Secretary Thomas Jimmy also volunteered and worked on nu- Mr. Speaker, it is fitting that we honor Jimmy Perez back to his hometown of Buffalo, New merous fisheries and wildlife surveys through- today for his decades of commitment to the York. Secretary Perez accepted the invitation out the area with the U.S. Forest Service, U.S. North Coast, and we express our deepest ap- extended by VOICE-Buffalo President Pastor Fish & Wildlife Service, National Marine Fish- preciation for his friendship and service. His James Giles, NOAH President Rev. JoAnne eries Service, California Department of Fish & presence will be sorely missed and his legacy Scott and Paul Vukelic, CEO of Try-It Distrib- Game, California Waterfowl Association, and not soon forgotten.

VerDate Sep 11 2014 07:15 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A07JN8.020 E07JNPT1 emcdonald on DSK9F6TC42PROD with REMARKS E840 CONGRESSIONAL RECORD — Extensions of Remarks June 7, 2016 HONORING DIRECTOR ELIZABETH System. We thank her for her unwavering lowship Chapel fulfilled Reverend Dr. Wendell JOYCE FREEMAN leadership, devoted service and contributions Anthony’s vision of a new village with the his- on behalf of the community and the Nation. toric groundbreaking for the present church HON. JEFF DENHAM f building on West Outer Drive. The building OF CALIFORNIA was dedicated on June 5th, 2005, as thou- TRIBUTE TO EAGLE SCOUT BRYCE IN THE HOUSE OF REPRESENTATIVES sands marched from the old location to the NORMAN BERTHUSEN new, demonstrating the significance of Fellow- Tuesday, June 7, 2016 ship Chapel within the community. Mr. DENHAM. Mr. Speaker, I rise today with HON. DAVID YOUNG Fellowship Chapel has a strong and growing Congressman MCNERNEY and Congressman OF IOWA congregation built on a foundation of faith and trust which has been built through the years SWALWELL to acknowledge and honor Director IN THE HOUSE OF REPRESENTATIVES Elizabeth Joyce Freeman for her many years under the visionary leadership of Rev. Dr. of service to the Palo Alto Veteran Affairs Tuesday, June 7, 2016 Wendell Anthony. Along with faithfully leading health care system. Director Freeman has Mr. YOUNG of Iowa. Mr. Speaker, I rise his congregation, Reverend Anthony is a pow- worked nobly in serving veterans since 1983, today to recognize and congratulate Bryce erful voice for positive change in Metro Detroit. and after 33 years of honorable service to the Norman Berthusen of Waukee, Iowa for As the President of the Detroit Branch VA she has announced her retirement on achieving the rank of Eagle Scout. Bryce is a NAACP, Reverend Anthony has led the fight June 7, 2016. member of Boy Scout Troop 178. The Eagle for civil rights, good jobs, and safe commu- Graduating from the University of Notre Scout designation is the highest advancement nities in Detroit. As Reverend Anthony has Dame in 1983, Ms. Freeman obtained her rank in scouting. Approximately two percent of fought hard for social change, Fellowship Bachelor of Science degree in Civil Engineer- Boy Scouts earn the Eagle Scout Award. The Chapel has become a place where members ing. She returned to school in 1987 at Lou- award is a performance-based achievement of the community gather to discuss the impor- isiana Tech University where she graduated with high standards that have been well main- tant issues whether they are on a local, state, with her Master’s Degree in Business Adminis- tained over the past century. or national level, to ensure members of the tration. To earn the Eagle Scout rank, a Boy Scout community have a better understanding of In 1983, Ms. Freeman’s began her exten- is obligated to pass specific tests that are or- what is happening and how to engage to sive career with the VA as a Resident Engi- ganized by requirements and merit badges, as make our world a better place. In that way, neer at the VA Medical Center in Oklahoma well as completing an Eagle Scout Project to Fellowship Chapel is a powerful symbol for what we believe and what we should strive for City. She moved up the ranks quickly and be- benefit the community. For Bryce’s project, he came the Senior Resident Engineer in Okla- as a people. designed and constructed outdoor fitness sta- Fellowship Chapel’s leaders and volunteers homa City and later moved to Shreveport, tions at the local Waukee Y.M.C.A. Bryce is a have continued to faithfully provide much- Louisiana. Other positions she held with the freshman at Waukee High School with a great needed services to the local community, in- VA include the following: Project Manager of interest in science, engineering and music. He cluding full-time outreach ministry programs, the VA Central Office Southern Region; Health is also on the Waukee High School baseball computer programming, adult education, Nar- System Administrator Trainee of the VA Palo team and spends time with his church’s youth cotics and Alcoholics anonymous, homeless Alto Health Care System; Chief Operating Offi- group. assistance, and standardized test-coaching for cer of the VA Sierra Pacific Network Office in The work ethic Bryce has shown in his college-bound students. For 50 years, Fellow- San Francisco, California; Associate Director Eagle Scout Project and every other project ship Chapel has held itself to the highest of the VA Palo Alto Health Care System; and leading up to his Eagle Scout rank, speaks standards to ensure that local residents would Director of the VA Palo Alto Health Care Sys- volumes about his commitment to serving a always have somewhere to turn during both tem. cause greater than himself and assisting his good times and bad. As a sanctuary of spir- In 2001, Ms. Freeman was appointed to Di- community. itual and social progress, it has served as a rector of the VA Palo Alto Health Care Sys- Mr. Speaker, the example set by this young pillar of the local community for half a century, tem, and since then has efficiently and suc- man and his supportive family and community and will continue to do so for many years to cessfully overseen the complex organization. demonstrates the rewards of hard work, dedi- come. In her capacity as Director she is tasked with cation, and perseverance. I am honored to Mr. Speaker, I ask my colleagues to join me overseeing an annual budget of over $1 bil- represent Bryce Norman Berthusen and his today to honor Fellowship Chapel on their lion, a capital portfolio of $2.6 billion, and family in the United States Congress. I know 50th anniversary and wish them many more more than 7,000 staff and volunteers. that all of my colleagues in the U.S. House of years of success. In addition to Ms. Freemans’ numerous pro- Representatives will join me in congratulating f fessional achievements, we would like to high- him on obtaining the Eagle Scout ranking, and light some of the work that Ms. Freeman did I wish him continued success in his future MARIYA PEREZ outside the VA Office. She served on many education and career. boards and committees, such as the Palo Alto f HON. ED PERLMUTTER Veterans Institute for Research and the Qual- OF COLORADO ity Board, Patient Care, and Patient Experi- IN RECOGNITION OF THE 50TH AN- IN THE HOUSE OF REPRESENTATIVES ence Committee of the El Camino Hospital NIVERSARY OF THE FELLOW- Tuesday, June 7, 2016 SHIP CHAPEL Board. She was a member of the California Mr. PERLMUTTER. Mr. Speaker, I rise Hospital Association’s Santa Clara County today to recognize and applaud Mariya Perez Section, and served on the Board of Directors HON. DEBBIE DINGELL for receiving the Arvada Wheat Ridge Service for the Hospital Council in 2006. She should OF MICHIGAN Ambassadors for Youth award. be commended for her outstanding involve- IN THE HOUSE OF REPRESENTATIVES Mariya Perez is a 12th grader at Wheat ment in the community. Tuesday, June 7, 2016 Ridge High School and received this award The abundance of awards Ms. Freeman has because her determination and hard work received demonstrates her exceptional leader- Mrs. DINGELL. Mr. Speaker, I rise today to have allowed her to overcome adversities. ship and proven work ethic. Ms. Freeman re- recognize Fellowship Chapel on their 50th an- The dedication demonstrated by Mariya ceived the Presidential Rank Award at the niversary. The accomplishments of this long- Perez is exemplary of the type of achievement meritorious level in 2005 and the distinguished standing institution exemplify the importance that can be attained with hard work and perse- level in 2009, she was a recipient of the Lead- and strength of community, fellowship, and verance. It is essential students at all levels ership VA Senior Executive Leadership Award, service. strive to make the most of their education and she received the VA Alumni Association’s Founded in 1966 by Reverend James E. develop a work ethic which will guide them for Honorary Leadership Award in 2005, and was Wadsworth Jr. and around one-hundred the rest of their lives. named one of the top 100 influential women in founding members, Fellowship Chapel came I extend my deepest congratulations to Silicon Valley. from humble beginnings at a small funeral Mariya Perez for winning the Arvada Wheat Mr. Speaker, please join me in honoring and home. Through tireless service, its member- Ridge Service Ambassadors for Youth award. recognizing Director Elizabeth Freeman’s lead- ship and ministries have continued to grow, I have no doubt she will exhibit the same dedi- ership that brought invaluable institutional making it necessary to repeatedly expand. In cation and character in all of her future ac- knowledge to the VA Palo Alto Health Care January of 2002, members and friends of Fel- complishments.

VerDate Sep 11 2014 07:15 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A07JN8.021 E07JNPT1 emcdonald on DSK9F6TC42PROD with REMARKS June 7, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E841 TRIBUTE TO JIM O’BRIEN Mr. Speaker, I ask my colleagues to join me extraordinary contributions to the community in congratulating the nominees for the 2015 of El Paso and honorable service to our na- HON. RODNEY DAVIS Louis Spuhler Officer of the Year for Kane tion. Mr. Reese stands apart for his distin- OF ILLINOIS County Award and thanking them for their guished service as a teacher in the El Paso IN THE HOUSE OF REPRESENTATIVES continued dedication to the safety and security community and soldier for the United States of our community. Army. Tuesday, June 7, 2016 f Born in Omaha, Nebraska, in 1979, Michael Mr. RODNEY DAVIS of Illinois. Mr. Speak- P. Reese has dedicated both his life and ca- er, I rise today to remember a wonderful TRIBUTE TO DOROTHY AND BILL reer to the service of others. After graduating neighbor and friend, Jim O’Brien, who passed HARPER from the Texas Lutheran University in 2001, away over the weekend after a brave battle Mr. Reese worked as a counselor to troubled with cancer. HON. DAVID YOUNG youth at a therapeutic wilderness camp in For many years, Jim and his wife Barb lived OF IOWA Lockhart, Texas. In 2003, he joined the United in Taylorville, always bringing smiles to the IN THE HOUSE OF REPRESENTATIVES States Army, where he served honorably through 2005. During his service, Mr. Reese faces in town. My daughter, Toryn, loved the Tuesday, June 7, 2016 pink house he and Barb lived in with their was stationed at Fort Hood in Killeen, Texas Yorkie, Maggie. Mr. YOUNG of Iowa. Mr. Speaker, I rise and deployed to Iraq from 2004 to 2005 with What I will remember most about Jim is his today to recognize and honor Dorothy and Bill the First Brigade Combat Team of the First kindness and generosity. Driven by faith, fam- Harper of Peru, Iowa, on the very special oc- Cavalry Division. While deployed, Mr. Reese ily, and community, Jim spent nearly all of his casion of their 60th wedding anniversary. earned the Combat Medical Badge for satis- time serving others. He was an active member Bill and Dorothy’s lifelong commitment to factorily performing medical duties while his of Trinity Lutheran Church in Taylorville, each other truly embodies Iowa values. As unit was engaged in ground combat. coached Little League, delivered Meals on they reflect on their 60th anniversary, may After completing his term of enlistment, Mi- Wheels, and served as an after-school mentor their commitment grow even stronger as they chael Reese moved to El Paso when he was for children. When Taylorville opened its continue to love, cherish, and honor one an- accepted into the University of Texas at El SHADOW home, a residential faith-based pro- other for many years to come. Paso’s History Graduate Program. Since grad- I commend this great couple on their 60th gram for women and children, Jim dedicated uating in 2009, Mr. Reese has worked as a year together and I wish them many more much of his time making the home a com- high school teacher in El Paso and earned memories. I know my colleagues in the United fortable place for those in need. several awards for his refusal to dumb down States House of Representatives will join me In his free time, Jim served as the president challenging issues and ability to bring out the in congratulating them on this momentous oc- of the park district board and frequently at- best in his students, including Campus Teach- casion. tended high school basketball and football er of the Year at Andress High School. Mi- games, cheering on the Tornadoes whenever f chael P. Reese’s creative use of technology to inspire his students and encourage discussion, he could. IN RECOGNITION OF GREGORY exemplifies the vision required to educate the There is no doubt that Jim made Taylorville STEVENS, A DISTINGUISHED youth of El Paso in the 21st century. This a wonderful place to call home. His love for MEMBER OF THE GARLAND PO- year, the El Paso Independent School District the community and his service to others will LICE DEPARTMENT always be remembered. He will be greatly named Mr. Reese Secondary Teacher of the missed by me, my family, and by all those HON. PETE SESSIONS Year for his work as a Social Studies and who knew him. My thoughts and prayers are Broadcast Journalism teacher at El Paso High OF TEXAS with his wife, Barb, and their family. School. IN THE HOUSE OF REPRESENTATIVES Michael P. Reese’s commitment to helping f Tuesday, June 7, 2016 others is an inspiration to the El Paso commu- HONORING THE NOMINEES FOR nity. I am honored to recognize him for his Mr. SESSIONS. Mr. Speaker, I rise today to KANE COUNTY CHIEFS OF PO- service to our country both in the military and recognize a distinguished member of the Gar- LICE ASSOCIATION’S 2015 LOUIS classroom. land Police Department, Officer Gregory Ste- SPUHLER OFFICER OF THE YEAR vens, for receiving the Medal of Valor at the f FOR KANE COUNTY AWARD White House. On May 3, 2015, two gunmen HONORING ROMAN MAZUR ON HIS opened fire at an event in Garland with the COMPANY’S ANNUAL DANCE FES- HON. BILL FOSTER sole intent of harming and taking the lives of TIVAL OF ILLINOIS every single person inside. Luckily, Officer IN THE HOUSE OF REPRESENTATIVES Stevens was standing guard that night. As the HON. ROBERT J. DOLD Tuesday, June 7, 2016 shooters opened fire on the auditorium, Officer OF ILLINOIS Stevens swiftly acted to protect the people of Mr. FOSTER. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES Garland from what could have been a dev- Tuesday, June 7, 2016 recognize the nominees for the 2015 Kane astating situation. His actions not only saved County Chiefs of Police Association’s Louis countless innocent lives, they also sent a clear Mr. DOLD. Mr. Speaker, I am honored Spuhler Officer of the Year for Kane County message that Texans will not stand down in today to recognize Roman Mazur on bringing Award. the face of terror. his dance company’s annual dance festival, The award, presented by the Batavia Moose I am extremely proud to have such excep- this year entitled, ‘‘Melodies from My Grand- Lodge Number 682 and the Kane County tional men and women who faithfully serve mother’s Chest’’ to the Theatre of Buffalo Chiefs of Police Association, recognizes the and protect our communities. Officer Stevens, Grove Community Art Center on the weekend outstanding achievements of police officers thank you for your selfless service and your of May 28th. I’m excited to convey my support who protect our community. The men and unwavering commitment to protect the won- for a vibrant cultural event hosted in the center women who wear the badge provide our fami- derful people of North Texas. God Bless our of my district. lies with security while putting their own lives Police Officers, God Bless Texas, and God The tenth congressional district is a hub of on the line and deserve our admiration and Bless America. cultural diversity, and events like Mr. Mazur’s thanks. Dance Festival encapsulate this. The Festival f I would like to congratulate the winner of the highlights the hard work, creative endurance, 2015 Louis Spuhler Officer of the Year for HONORING MICHAEL P. REESE and dedication of veteran dancers as they Kane County, Officer Dean M. Tucker, as well bring the rich tradition of 1930s and 40s danc- as his fellow nominees: Sergeant Elizabeth HON. BETO O’ROURKE ing and music to the audience. Palko, Lieutenant Brian McCarty, Lieutenant OF TEXAS It is truly my pleasure to commend Mr. Anthony Gorski, Officer Ronald F. MCNeff, IN THE HOUSE OF REPRESENTATIVES Mazur on many years of outstanding work with Sergeant Eric Blowers, Officer Erika Stover, the Mazur Dance School. I congratulate him Officer Justin Howe, Officer Chris Potthoff, Of- Tuesday, June 7, 2016 and his company on the Festival, and wish ficer Mark Skorup, Trooper Gregory Melzer, Mr. O’ROURKE. Mr. Speaker, today I rise to him the best of luck in all of his future endeav- and Detective Andrew Houghton. recognize and honor Michael P. Reese for his ors.

VerDate Sep 11 2014 07:15 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A07JN8.024 E07JNPT1 emcdonald on DSK9F6TC42PROD with REMARKS E842 CONGRESSIONAL RECORD — Extensions of Remarks June 7, 2016 TRIBUTE TO DARLENE AND They are working hard in their under- Williams-Hamilton, Davontae Willis, Ernestine DWAYNE HENRICHS graduate and graduate programs—whether Wilson, Bethany Womack, Chris Zermeno, they are studying to be doctors, nurses, den- and Jingna Zhao. HON. DAVID YOUNG tists, pharmacists, public health specialists, or f OF IOWA technicians—to increase the number of skilled professionals entering the health care work- IN HONOR OF THE CLOWES FUND IN THE HOUSE OF REPRESENTATIVES force. Tuesday, June 7, 2016 Beyond their academic achievements, I HON. ANDRE´ CARSON Mr. YOUNG of Iowa. Mr. Speaker, I rise would also like to recognize their commitment OF INDIANA today to recognize and honor Darlene and to making the health care system more cul- IN THE HOUSE OF REPRESENTATIVES turally relevant and their dedication to improv- Dwayne Henrichs of Thayer, Iowa, on the very Tuesday, June 7, 2016 special occasion of their 65th wedding anni- ing the health outcomes of the individuals they versary. They were married on June 3, 1951. will one day serve. Research shows that when Mr. CARSON of Indiana. Mr. Speaker, I rise Dwayne and Darlene’s lifelong commitment people are treated by health professionals today to honor The Clowes Fund and family to each other, their children, and their grand- who share their language, culture, and eth- whose philanthropic contributions have posi- children truly embodies Iowa values. As they nicity, they are more likely to accept and re- tively impacted countless Hoosiers in my reflect on their 65th anniversary, may their ceive medical treatment. This will be a great hometown of Indianapolis. commitment grow even stronger as they con- asset to our nation’s health care system. Dr. George Henry Alexander Clowes, his tinue to love, cherish, and honor one another Next week, these scholars will be joining us wife Edith Whitehill Clowes and their two sons, for many years to come. in Washington, DC to examine some of the Allen W. Clowes and Dr. George H.A. Clowes, I commend this great couple on their 65th nation’s most pressing health care problems Jr., incorporated The Clowes Fund in 1952 to year together and I wish them many more and potential solutions as part of the United support education along with literary, per- memories. I know my colleagues in the United Health Foundation’s Annual Diverse Scholars forming, and fine arts. Social services soon States House of Representatives will join me Forum. Since 2007, the United Health Foun- became another focus for support. A rare in congratulating them on this momentous oc- dation has helped more than 1,850 multicul- combination of scientist and entrepreneur, the casion. tural students from across the country realize senior Dr. Clowes was director of research at their dream of pursuing careers in health while Eli Lilly and Company who in 1921 mobilized f focusing on the needs of local communities Lilly resources to mass produce and market ROBYN COLAO–MORGAN through the Diverse Scholars Initiative. This an insulin treatment that would save the lives year, these scholars also include a group of of millions of diabetics. Lilly’s subsequent HON. ED PERLMUTTER military spouses and dependents pursuing growth as a pharmaceutical giant contributed to Dr. Clowes’ personal success, giving rise to OF COLORADO health care careers who have received schol- the Fund, an extensive art collection and other IN THE HOUSE OF REPRESENTATIVES arships, and I’d like to recognize their commit- ment to becoming part of the future health philanthropic endeavors. Mrs. Clowes was ac- Tuesday, June 7, 2016 workforce and their support for those who tively involved in a variety of educational, cul- Mr. PERLMUTTER. Mr. Speaker, I rise have served. tural and social service interests in the com- today to recognize and applaud Robyn Colao- To these exceptional scholars, congratula- munity; she was a co-founder of the Orchard Morgan for receiving the Arvada Wheat Ridge tions and best wishes for success in all of School and Planned Parenthood. Their story is Service Ambassadors for Youth award. your future endeavors. I know that our nation’s told in The Doc and the Duchess, The Life Robyn Colao-Morgan is a 12th grader at health care system will benefit from your hard and Legacy of Dr. George H.A. Clowes, writ- Warren Tech North and received this award work and talent. ten by their grandson, Dr. Alexander (Alec) because her determination and hard work Jean Abac, Miranda Adcock, Sainfer Aliyu, Whitehill Clowes. have allowed her to overcome adversities. Cadijah Allen, Jose Alonso, Toni Aluko, Eve- Alec joined The Clowes Fund board at age The dedication demonstrated by Robyn lyn Ambush, Felicia Andrew, Jesse Andrews, 21 and served from 1967–2015, and as presi- Colao-Morgan is exemplary of the type of Brie Antonas, Kwame Awuku, Lluriana Bailon, dent 2001–2015. Early in his tenure he was achievement that can be attained with hard Kane Banner, Sophia Barrios, Christina intimately involved in planning the Clowes Pa- work and perseverance. It is essential stu- Batarse, Anya Bazzell, Shanell Becenti, vilion at the Indianapolis Museum of Art (IMA) dents at all levels strive to make the most of Ashleigh Bennett, Carlene Black, Ashley for exhibition of the Clowes Collection on long their education and develop a work ethic Blackwell, Maya Bryant, Tina Bui, Andrea Bur- term loan. Later, he helped guide the board which will guide them for the rest of their lives. gess, Ebony Caldwell, Ana Cisneros, Danelle toward a decision to transfer ownership of the I extend my deepest congratulations to Cooper, Sandy Cullins, Radha Dahal, Collection to the IMA, a process that will cul- Robyn Colao-Morgan for winning the Arvada Marcqwon Day, Andres de Avila, Elizabeth De minate by 2023 when Indianapolis celebrates Wheat Ridge Service Ambassadors for Youth La Rosa, Chelsie Rae Domingo, Katie Dun- the centennial of insulin. In the early 1990’s, award. I have no doubt she will exhibit the can, Evelyn Escobedo Pol, Rebecca Alec was a uniting force that prevented the same dedication and character in all of her fu- Espinoza, Mayra Estrada, Laurie Farreau, foundation from being divided by family ture accomplishments. Clarissa Flores, Nyla Flowers, Thomas Fran- branches. Unity is a legacy of his leadership f co, Jeremy Garriga, Misha Gilmore, Homero as he made it a priority to recruit a fourth gen- Guaderrama, Eddie Hackler III, Jackie Hair- eration of family members to serve the foun- CONGRATULATIONS TO THE 2016 ston, Jada Mone’e Harris, Oswaldo Hasbun dation’s mission. UNITED HEALTH FOUNDATIONS Avalos, Katie Haynes, Shakura Howard, Aus- Since its founding, The Clowes Fund has DIVERSE SCHOLARS tere Apolo, Wes Hungbui, Jalane Jara, Sophia awarded $37.3 million in funding to nonprofit Jimenez, Valencia Johnson, Karianne Jones, organizations in Indianapolis. Recent grant HON. ERIK PAULSEN Ramanjot Kaur, Leslie Kedelty, Linda Kerandi, gifts include more than $550,000 to local Cen- OF MINNESOTA Ashley Kyalwazi, Angel Lara, Vin Lay, Anna ters for Working Families, a service delivery IN THE HOUSE OF REPRESENTATIVES Le, Saleena Lee, Edith Leiva, Amy Liang, model designed to move families out of pov- Korai Liriano, Maria Madrigal, Erin Abigail erty and toward a more self-sufficient standard Tuesday, June 7, 2016 Marden, Rasheena McCabe, Karen Mendez, of living, and nearly $2 million to support serv- Mr. PAULSEN. Mr. Speaker, continuing to Santiago Mercado, Monique Merritt, Alexa ices for immigrants, refugees and asylees in modernize the health care system requires im- Mieses, Kimberly Mondestin, Lynette Morgan, our community. The Fund has also transferred proving the quality and delivery of health care, Krista Morine, Binh Nguyen, Whitney art valued at approximately $25.3 million from the backbone of which is the health care work- Nwagbara, Justin Okons, Francesca Olguin, the Clowes Collection to the Indianapolis Mu- force. I am pleased to have the opportunity Chiemeka Onyima, Sylvia Pena, Bert Pineda, seum of Art with another $25 million in support today to talk about a group of students from Joshua Platero, Cecilia Ramirez, Juan Rami- scheduled over the next few years to ensure across the country who represent some of the rez, Isis Reyes, Julian Roby, Leah Ruiz, the collection remains intact and in Indianap- brightest individuals preparing to enter the Valeria Salazar Ball, Brianne Samson, Ari St. olis. In addition to grantmaking, The Clowes health care workforce. This year’s United Clair, May Lei Suen, Hiroshi Usui, Janet Van, Fund has left a lasting legacy in Indianapolis Health Foundation Diverse Scholars Initiative Vaithish Velazhahan, Jennifer Villalobos, by donating its grant files to the Ruth Lilly Phil- scholarship recipients represent 36 states. Shenae Whitehead, Veronica Williams, Taylor anthropic Studies Library and Archives at

VerDate Sep 11 2014 07:15 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A07JN8.030 E07JNPT1 emcdonald on DSK9F6TC42PROD with REMARKS June 7, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E843 IUPUI. The Clowes family also donated per- Lechtenberg of Ankeny, Iowa for being award- Mr. Speaker, the people of New Jersey’s sonal papers and mementos to the Indiana ed the American Association of School Librar- Third Congressional District are tremendously History Center. ians’ (AASL) Frances Henne Award. The honored to have had Dr. John Lewis, Jr., as Our community continues to benefit from the AASL award is presented to a school librarian a selfless and dedicated member of their com- foundation’s mission to support organizations with five years or less experience who dem- munity, whose generosity and vivacious spirit and projects that build a more just and equi- onstrates leadership qualities with students, will never be forgotten. It is with a heavy heart table society, create opportunities for initia- teachers and administrators. that I recognize his honorable service to the tives, foster creativity and the growth of knowl- When presenting the award, AASL officials United States of America and commemorate edge, and promote appreciation of the natural said, ‘‘Kate Lechtenberg is our unanimous his career and life, as well as the lasting leg- environment. Today, I ask my colleagues to choice due to her impressive service record acy that he has left behind, before the United join me in recognizing The Clowes Fund for its and obvious commitment to the field.’’ Ms. State House of Representatives. dedicated efforts to improve our community. Lechtenberg, Northview Middle School’s librar- f f ian for four years, embraces diverse program- ming, active research and fosters a love of THE MEDICARE DENTAL, VISION, WOMEN’S HEART ALLIANCE PART- reading with her students and the instructors. AND HEARING BENEFIT ACT OF NERSHIP WITH THE OHIO STATE For nearly a decade as a literacy and 2016 UNIVERSITY English teacher, Ms. Lechtenberg became a school librarian, accepting a position at HON. JIM McDERMOTT HON. JOYCE BEATTY Northview Middle School in Ankeny, Iowa, OF WASHINGTON OF OHIO where she provides a vibrant learning space IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES for 850 students. Outside of school activities, Tuesday, June 7, 2016 Ms. Lechtenberg serves as the professional Tuesday, June 7, 2016 development chairman for the Iowa Associa- Mr. MCDERMOTT. Mr. Speaker, today I am Mrs. BEATTY. Mr. Speaker, did you know tion of School Librarians and as a member of proud to introduce the Medicare Dental, Vi- that the rate of heart disease is increasing the the AASL standards and guidelines implemen- sion, and Hearing Benefit Act of 2016. This fastest among young women, especially tation task force. legislation expands the Medicare benefit pack- among African-American and Latina women, Kate Lechtenberg makes a difference by age to include comprehensive coverage of and that stroke is still considered a silent kill- serving others. It is with great honor that I rec- dental, vision, and hearing care. er? ognize her today. I know that my colleagues in The Medicare program commemorated its Young women need to better understand the U.S. House of Representatives join me in 50th anniversary last year, and there are the risks and how to better prevent heart dis- honoring her accomplishments. I thank her for many reasons to celebrate this important mile- ease—in addition to spreading the word to her service to the Iowa students and the com- stone. Thanks to Medicare, 55 million seniors, their loved ones. munity, wishing her all the best in the future. patients with End-Stage Renal Disease, and That is why I support The Ohio State Uni- f people with disabilities enjoy the peace of versity and the Women’s Heart Alliance’s new mind and security that comes with health cov- unique partnership to screen and educate col- HONORING DR. JOHN D. LEWIS, JR. erage. lege-aged women about their risk for heart But there is still a tremendous amount of disease and how they can prevent it. HON. THOMAS MacARTHUR work that must be done to ensure that the Death rates from heart disease have been OF NEW JERSEY coverage that Medicare provides truly meets virtually stagnant in young women over the IN THE HOUSE OF REPRESENTATIVES the needs of all of its beneficiaries. last two decades. Tuesday, June 7, 2016 Unfortunately, many gaps continue to exist In the United States, heart disease kills in Medicare’s covered benefits. These gaps Mr. MACARTHUR. Mr. Speaker, I rise today more women each year than all cancers com- force beneficiaries to shoulder burdensome to honor the memory and life of Dr. John D. bined. out-of-pocket costs and, in many cases, to do Lewis, Jr., of the Third Congressional District, Yet, forty-five percent of women are un- without the care they need. and to express my sincerest condolences to aware that it is their number one health threat. One of the largest holes in the Medicare his family and loved ones he has left behind, Mr. Speaker, we need awareness, edu- benefit package is the lack of coverage for as well as to recognize his service and career. cation and advocacy to tackle this epidemic. dental, vision, and hearing care. In fact, not Dr. Lewis joined the United States Army in Dr. Bernadette Mazurek Melnyk, Associate only does Medicare not pay for these crucial high school and served in World War II from Vice President for Health Promotion, Chief health services, but current law specifically ex- 1943 to 1946. Upon returning to the United Wellness Officer, and Dean and Professor of cludes them from coverage. States, he completed his education and en- the College of Nursing at The Ohio State Uni- This is a shortsighted and harmful policy tered Hampton University. Dr. Lewis continued versity said it best, ‘‘We must act with urgency that has serious ramifications for beneficiaries. to serve our nation by participating in the to teach young women how they can prevent Lack of dental care is linked strongly with ROTC program, while studying biology. He be- heart disease by engaging in healthy lifestyle numerous health problems, including poten- came an officer in the military at Hampton and behaviors, such as 30 minutes of physical ac- tially fatal and costly conditions such as car- earned his bachelor’s degree in 1951. After tivity 5 days a week, 5 fruits and vegetables diovascular disease and oral cancers. leaving Hampton University, Dr. Lewis was per day, no smoking, and stress reduction. Similarly, untreated vision disorders—which stationed at Camp Edwards in New Bedford, They and their loved ones’ lives depend on it.’’ are among the most common and costly con- Massachusetts where he met Agnes Perry Mr. Speaker, we cannot leave women’s ditions facing the elderly—substantially in- Alves, whom he married in July of 1952. Dr. health to chance. crease the risk of expensive hospitalizations Heart disease is deadly, but it’s also largely Lewis served as an officer in the Korean War due to injuries associated with falls. preventable. from 1951 to 1953. He then joined the Army And hearing loss, which is pervasive among Let’s help educate young women in my dis- Reserves and rose to the rank of Major before beneficiaries, often leads to social isolation, trict, across Ohio, and beyond about the risk retiring with honor and distinction in 1976. depression, and cognitive impairments. Yet Dr. Lewis continued his education while factors of cardiovascular disease, so they de- the majority of elderly Americans who need raising a family with Agnes in Philadelphia, velop heart-healthy behaviors long before the hearing aids do not have them—in large part Pennsylvania. He became a certified Physical symptoms of heart disease ever develop. due to costs. Therapist in 1962, and then decided to pursue It’s time for Congress to recognize that f a career in Podiatry. He became a Doctor of Medicare must be expanded to address the TRIBUTE TO KATE LECHTENBERG Podiatric Medicine in 1969. He opened a prac- full spectrum of beneficiaries’ health needs. tice in 1970, where he served members of the The Medicare Dental, Vision, and Hearing HON. DAVID YOUNG community. He and his family were very active Benefit Act does just that. OF IOWA in the Holy Cross Lutheran Church, always The bill repeals the outdated statutory exclu- IN THE HOUSE OF REPRESENTATIVES giving back to others when possible. Dr. Lewis sions that prevent Medicare from providing was known throughout his community as a coverage of dental, vision, and hearing serv- Tuesday, June 7, 2016 hard-working, thoughtful and determined man ices and related supplies. Mr. YOUNG of Iowa. Mr. Speaker, I rise who overcame discrimination and much adver- It amends Part B to provide coverage of today to recognize and congratulate Kate sity to obtain success. necessary health services, including routine

VerDate Sep 11 2014 07:15 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A07JN8.032 E07JNPT1 emcdonald on DSK9F6TC42PROD with REMARKS E844 CONGRESSIONAL RECORD — Extensions of Remarks June 7, 2016 dental cleanings, fillings and crowns, root ca- cial, and cultural roots which have made Fili- TRIBUTE TO HELEN AND BILL nals, refractive eye exams, and exams for pinos on Guam able to be active in celebrating LORENZEN hearing aids. their culture in harmony with the local commu- It provides coverage of items such as den- nity. Many Filipinos and members of the Fili- HON. DAVID YOUNG tures, eyeglasses, contact lenses, low vision pino Community of Guam have contributed OF IOWA devices, and hearing aids as durable medical their time, talents and expertise by serving as IN THE HOUSE OF REPRESENTATIVES equipment, prosthetics, and orthotic supplies. medical, educational, and government profes- And to control costs and facilitate implemen- sionals and religious leaders, among others, to Tuesday, June 7, 2016 tation of these major reforms, benefits will be improve the quality of life on Guam. The Fili- Mr. YOUNG of Iowa. Mr. Speaker, I rise subject to reasonable limitations and will be pino Community of Guam has also been pas- today to recognize and honor Helen and Bill phased in gradually in the years following en- sionately dedicated to helping those in need Lorenzen of Truro, Iowa, on the very special actment. by supporting numerous charitable non-profit occasion of their 60th wedding anniversary. All too often, policy discussions about Medi- organizations on our island and they have or- They were married on May 26, 1956. care focus on how much of the program to cut ganized fundraising drives for disaster victims Bill and Helen’s lifelong commitment to each and how to further shift costs onto bene- in the Micronesia region and the Philippines. other truly embodies Iowa values. As they re- ficiaries. This is the wrong approach. It’s time Our two nations and indeed our people are flect on their 60th anniversary, may their com- for Congress to recognize that Medicare must intimately linked to one another. On behalf of mitment grow even stronger as they continue be strengthened, not cut, and that benefits the people of Guam, I congratulate the Phil- to love, cherish, and honor one another for must be expanded, not scaled back. ippines and the Filipino Community of Guam many years to come. The Medicare Dental, Vision, and Hearing on the 118th anniversary of independence of I commend this great couple on their 60th Benefit Act will make Medicare a stronger, the Philippines and look forward to the contin- year together and I wish them many more fairer, and more comprehensive program for ued service and contributions of the Filipino memories. I know my colleagues in the United the 55 million beneficiaries it serves. Community of Guam. States House of Representatives will join me I urge my colleagues to join me in working in congratulating them on this momentous oc- to enact this and other important expansions f casion. of Medicare now and in the future. f f RECOGNIZING LILY SHEN NATASHA THIES CONGRATULATING THE PHIL- IPPINES ON ITS 118TH ANNIVER- SARY OF ITS INDEPENDENCE HON. MIKE COFFMAN HON. ED PERLMUTTER OF COLORADO OF COLORADO IN THE HOUSE OF REPRESENTATIVES HON. MADELEINE Z. BORDALLO IN THE HOUSE OF REPRESENTATIVES OF GUAM Tuesday, June 7, 2016 IN THE HOUSE OF REPRESENTATIVES Tuesday, June 7, 2016 Mr. PERLMUTTER. Mr. Speaker, I rise Tuesday, June 7, 2016 Mr. COFFMAN. Mr. Speaker, I rise today to today to recognize and applaud Natasha Thies Ms. BORDALLO. Mr. Speaker, I rise today recognize Lily Shen, a resident of the 6th dis- for receiving the Arvada Wheat Ridge Service to congratulate the Republic of Philippines on trict, for being awarded the Asian American Ambassadors for Youth award. the 118th Anniversary of its independence. I Hero of Colorado Award. Natasha Thies is a 12th grader at Wheat Ridge High School and received this award also join the people of Guam and the Filipino Mrs. Shen emigrated from Taiwan to the Community of Guam in declaring the month of because her determination and hard work United States with her family 35 years ago. have allowed her to overcome adversities. June as Philippine Month in Guam. Since then, she has been a pillar of her com- On May 1, 1898, the Battle of Manila Bay The dedication demonstrated by Natasha munity; fervently engaging in countless com- Thies is exemplary of the type of achievement signaled the United States’ entry into the war munity programs. To name just a few of her with Spain that the Philippines had been fight- that can be attained with hard work and perse- current engagements, Mrs. Shen is currently verance. It is essential students at all levels ing for since 1896. On June 12, 1898 the Fili- the President of Colorado Chinese Language pino revolutionary forces under General Emilio strive to make the most of their education and School and Colorado Chinese Club, the Presi- develop a work ethic which will guide them for Aguinaldo proclaimed the sovereignty and dent of Colorado Chinese Evergreen Society, independence of the Philippine Islands from the rest of their lives. the Vice Chair of the Asian Pacific Develop- I extend my deepest congratulations to Spanish colonial rule. Filipinos are very proud ment Center, and as the Treasurer of the of these leaders who had the dream of an Natasha Thies for winning the Arvada Wheat Asian Roundtable of Colorado. Mrs. Shen has Ridge Service Ambassadors for Youth award. independent and free country. This act of de- also served as the chair of the Chinese/Tai- termining their political future remains a much I have no doubt she will exhibit the same dedi- wanese Advisor Council to my office since cation and character in all of her future ac- celebrated event 118 years later, especially by 2012–present. Filipinos who call the United States and Guam complishments. home. Her storied career of community service to f Since earning their independence, the Phil- the Colorado Asian community, and to the MARVIN CHARLES—CONGRES- ippine people have suffered through years of Colorado community as a whole, has been SIONAL TESTIMONY TO REP- dictatorship, martial law, and Japanese occu- punctuated by numerous awards recognizing RESENTATIVE DAVE REICHERT’S pation. We on Guam are particularly sympa- her achievement. To name a few of her many LAW ENFORCEMENT TASK thetic to this last event, having ourselves been awards, Mrs. Shen is a recipient of a lifetime FORCE taken over by the Japanese. achievement award from the Colorado Behav- Today, the Philippines is an important ally of ioral Healthcare Council, a Woman of Distinc- the United States in Southeast Asia. President tion award from the Girl Scouts Mile High HON. DAVID G. REICHERT Aquino has taken positive steps to combat ter- Council, an Outstanding Performance and OF WASHINGTON rorism in the Philippines, and his government Lasting Contributions Award from Senator IN THE HOUSE OF REPRESENTATIVES Wayne Allard and she is a recipient of the continues to be cooperative with our own ef- Tuesday, June 7, 2016 forts in the region. In addition, the friendship of Ambassadors for Peace Excellence in Leader- the Filipino people has forged a bond between ship Award from Inter-religious and Inter- Mr. REICHERT. Mr. Speaker, I submit the our two nations that has grown stronger over national Federation for World Peace; Amer- following testimony: time. Filipino-Americans have contributed im- ican Leadership Initiative in Washington DC. Thank you for inviting me to speak with mensely to our nation. In my home district of I commend Mrs. Shen for her dutiful and you today. I’m honored to be here. I first met with Congressman Reichert at his Dis- Guam, Filipino-Americans represent over one- tireless service to her community. She is truly trict Office last year, just before I drove my third of the general population. They play a deserving of being awarded the Asian Amer- 18-year-old daughter to Oklahoma to start key role in the economic, social, and political ican Hero of Colorado Award; an award which her freshman year in college. fabric of our island and the nation as a whole. is yet another testament to her lifetime of com- This is the daughter who started my jour- Guam and the Philippines share linguistic, so- munity service. ney. She was the baby girl I was about to

VerDate Sep 11 2014 07:15 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A07JN8.036 E07JNPT1 emcdonald on DSK9F6TC42PROD with REMARKS June 7, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E845 abandon on the steps of a hospital 18 years minority, with 66 percent African American. fought courageously and for a cause he ago. But as I held her that day, my heart The rest are Hispanic, Asian and Caucasian. wholeheartedly believed in, ‘‘Big Foot’’ Wal- changed. I looked into her little brown eyes Of those clients, approximately 90 percent lace spent decades fighting faithfully for a and I started to cry. I realized that’s not have a history of incarceration. Of the thou- cause he believed in, the defense of Texas. what a father is supposed to do. A father is sands of men who have received services supposed to protect and take care of his from DADS, their main motivation is the de- As a side note, Mr. Speaker, I too have a con- child. But I had no idea whatsoever of how to sire to reenter the lives of their children. nection to William Wallace. My family are de- do that. Because of her, I have the oppor- With the help they get through our pro- scendants of the Weems Clan (Wemyss) of tunity to come before you today and tell you gram, many of these men are able to regain Scotland. The Wemysses fought on the side the story of DADS (www.aboutdads.org). visitation rights, pay child support, share or of Robert Bruce and Wallace during the Scot- DADS stands for Divine Alternatives for get custody, find and keep jobs, provide sta- tish war of Independence. When the war was Dads Services. We are based in Seattle but ble housing, become taxpaying citizens, and over and their side lost, the English crown serve fathers and families in the Puget even reunite with their families. As a result, confiscated much of their inherited land. The Sound region and throughout Western Wash- their children stay in school, keep off drugs ington. Our vision is ‘‘Stronger Fathers, and out of gangs, avoid teenage pregnancies, Weems Castle still sits on the coast of Scot- Healthier Communities.’’ Our mission is ‘‘To graduate from high school and even go on to land. give fathers hope by walking together in sup- college. In 1840, Wallace joined the Texas Rangers portive community, helping them navigate The effectiveness of our program depends and subsequently fought various skirmishes relational and legal barriers that separate on the trust that each individual develops in with Texas Indians and Mexicans. Two years them from their children and families.’’ our staff as we help them navigate systems. later when fighting an invading Mexican Army I believe—from personal experience—that For this reason, DADS does not charge for the biggest problem facing our nation today our services. We focus on building a vision during the Somervell and Mier expeditions, is not crime, drugs and alcohol, or gang vio- for healthy fatherhood and then finding the Wallace was among 150 men captured by lence. These are just the results of a larger resources that each individual needs to Mexican forces. During this time in a Mexican problem, which is fatherlessness. So many of achieve success. prison 1 in 10 men was to be executed. Their the problems in our communities today are Law-enforcement officers see firsthand the fate was determined by drawing either a white direct results of fatherlessness. legacies of fatherlessness. Children from fa- or black bean from a jar. Those who drew the Far too many of our young people have not therless homes often become casualties, vic- black bean were executed. Luckily, Wallace had strong, responsible fathers engaged in tims or offenders themselves. Then they are drew a white bean and was spared, and even- challenges for our school systems, social- their lives. As a result, too many go off the tually released. The executions would later be- rails. They begin committing crimes, abus- service programs, drug and alcohol recovery ing drugs and alcohol, dropping out of services, law-enforcement agencies, legal and come known to all those who study Texas his- school, and running away from home. An- court systems—and ultimately our jails and tory as the ‘‘Black Bean Episode’’. other common side effect is teenage preg- prisons. His time in the Mexican prison must have nancies and out-of-wedlock births. With Father’s Day just around the corner, furthered his resolve because he once again The National Fatherhood Initiative has it is my hope that all of us would recommit volunteered to serve with the Texas Rangers identified fatherlessness as the root cause of to the goal of helping create stronger fathers and during the Mexican War he served in a $100 billion a year in taxpayer costs. A few and healthier communities. statistics: company of Mounted Volunteers in the United f 90 percent of all homeless and runaway States Army. Following the Mexican War and children are from fatherless homes. TUESDAY’S IN TEXAS: ‘‘BIG FOOT’’ through the Civil War, this Loyal Texan once 85 percent of all children that exhibit be- WALLACE again served with the Texas Rangers fighting havioral disorders come from fatherless to protect the Texas frontier from bandits, Indi- homes. HON. TED POE ans, deserters and Union soldiers. 85 percent of all youths in prisons grew up As a testament to his loyal service to Texas, in a fatherless home. OF TEXAS Wallace was given a tract of land in Frio 80 percent of rapists motivated by dis- IN THE HOUSE OF REPRESENTATIVES placed anger come from fatherless homes. County, in South Texas, where he lived until 75 percent of all adolescents in chemical Tuesday, June 7, 2016 his death in 1899. He was ultimately buried at abuse centers come from fatherless homes. Mr. POE of Texas. Mr. Speaker, the year the Texas State Cemetery at the feet of Ste- 71 percent of all high school dropouts come was 1840 when one of the most faithful Tex- phen F. Austin. He has become a folk legend from fatherless homes. ans joined the Texas Rangers and began a for those in Texas and beyond. The words at 70 percent of juveniles in state-operated in- his final resting place say it all, ‘‘Here lies he stitutions come from fatherless homes. decade’s-long service to the great state of Texas. William A.A. Wallace, more often who spent his manhood defending the homes 63 percent of youth suicides are individuals of Texas. Brave, honest, and faithful.’’ from fatherless homes. known as ‘‘Big Foot’’ Wallace, was born in Vir- I sometimes compare fatherlessness to ginia in 1817. He moved to Texas in 1837 And that’s just the way it is. AIDS. The AIDS virus doesn’t kill you, but it after hearing that a brother and a cousin were breaks down your immune system, so the in- killed by the Mexican Army during the Texas f fection that you catch is what kills you. Revolution. Not long after, he would join the Fatherlessness works the same way. If you Texas Rangers and spent the better part of SERGEANT OLAN MIKE MANNING remove a father from the home, the family doesn’t die, but it is opened up for infec- his life defending Texas. tion—which comes in the form of teenage Though there are many legends about the HON. STEVEN M. PALAZZO pregnancy, crime, gang violence, drugs and emergence of his nickname, Wallace con- OF MISSISSIPPI alcohol and other negative impacts. So what tended that the nickname derived from an inci- can be done about the nationwide problem of dent with a Comanche. During the time he IN THE HOUSE OF REPRESENTATIVES fatherlessness? DADS is a faith-based organi- lived in Austin before he joined the Texas Tuesday, June 7, 2016 zation that addresses this problem in our Rangers, a Comanche with large feet stole Washington state. I founded this organiza- property in the area and was tracked by Wal- Mr. PALAZZO. Mr. Speaker, I rise today to tion in the year 2000 along with my wife, honor Sergeant Olan Mike Manning, an Amer- Jeanett. I had spent many years of my life lace. When the Comanche raided the kitchen ican patriot who exhibits the truest values of on the wrong side of the tracks, but when of a man in town, the man followed the Co- faced with the decision to leave our daughter manche’s tracks to Wallace’s house and thus selflessness and dedication. on the steps of a hospital, I knew then that accused Wallace of the raid. But a quick think- Sergeant Mike Manning of Laurel, Mis- I needed to turn my life around and become ing Wallace pointed out that the tracks were sissippi has devoted 40 years of service to his a responsible father. It wasn’t easy—in fact, much larger than his. It was this case of mis- country in the United States Army and has led it was the hardest thing I had ever done. But taken identity that led Wallace to assume the the 184th Brigade in both Iraq and Afghani- the rewards of being a real father to my chil- name ‘‘Big Foot.’’ stan. His outstanding service includes retrieval dren made it the best thing I have ever done. And it made me want to help other men do Wallace is a descendant of the Scottish leg- missions in the heat of battle which have been the same thing. end William Wallace, immortalized in the film recognized through his NCO leadership posi- Over the last 16 years, DADS has helped Braveheart, who led a rebellion against King tions. His efforts should be revered and are over 3,000 men reunite with over 6,000 chil- Edward I of England during the Wars of Scot- highly recognized with numerous medals and dren. Our client population is predominantly tish Independence. Like his ancestor who service awards.

VerDate Sep 11 2014 07:15 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A07JN8.040 E07JNPT1 emcdonald on DSK9F6TC42PROD with REMARKS E846 CONGRESSIONAL RECORD — Extensions of Remarks June 7, 2016 Sergeant Manning has gone beyond the call Dr. Sconzo is a dedicated family man, hav- front for a church to establish a parish of St. of duty as a soldier and as a father. Married ing been married to his wife Diane for 41 Michael the Archangel, and on June 6, 1886, to Donna Manning for over 30 years, they years, and the proud father of two adult chil- present-day St. Michael Church in downtown have raised two talented sons, Trace and dren; Michael and Jennifer. Dr. Sconzo and Pensacola was formally dedicated by Bishop Madison. Sergeant Manning’s brave and resil- Diane are looking forward to traveling and Jeremiah O’Sullivan of Mobile, Alabama. ient character is apparent through his sons as spending time with their four grandchildren. With a red brick exterior and Florida pine in- they have both fought personal battles against On behalf of the Second Congressional Dis- terior, the church became adorned with life- Cystic Fibrosis. As the family endured trou- trict of Texas, I commend this remarkable like Stations of the Cross, memorials bearing bling times, Sergeant Manning did not waiver leader for his exemplary service and dedica- the names of pioneer Catholic families and in his duty to country. In fact, his patriotism re- tion to the State of Texas. I thank him for a eventually 24 breathtaking stained glass win- sounded so deeply with his sons that they en- job well done and I wish him the best of luck dows, 23 of which were recently restored, that couraged him to serve overseas while the two in the future as he enters into this new phase were designed and created by world re- combated their illness. In 2008, the Manning of life. nowned artist Emil Frei. St. Michael Church, whose mission is to family faced the hardest battle of all when f Trace passed away. Tried and true, the ‘‘Proclaim Christ and to Encounter Him in Mannings are exemplary in perseverance and CLINTON THOMAS SAWYER Word, Sacrament and Service,’’ grew to be an patriotism. intrinsic treasure to the Northwest Florida Loyal to the things we value most, Sergeant HON. STEVEN M. PALAZZO community with its historical significance and Manning’s moral compass points true as he OF MISSISSIPPI architectural beauty and was elevated to minor basilica status on December 28, 2011 by his places family and nation above himself. He IN THE HOUSE OF REPRESENTATIVES Holiness, Pope Benedict XVI. constantly seeks opportunities to improve life Tuesday, June 7, 2016 for those around him. Admired and respected Mr. Speaker, it is my privilege to commemo- by all, Sergeant Manning is the ultimate exam- Mr. PALAZZO. Mr. Speaker, I would like to rate the 130th anniversary of the Basilica of ple of an American patriot. take this opportunity to recognize Mr. Clint St. Michael the Archangel of Pensacola and It is with great pleasure that I honor today, Sawyer as a member of the United States its parish’s more than 235 years of faithful a decorated war hero and a noble father. I Merchant Marine Academy Class of 2016. service to God and to the Northwest Florida commend Sergeant Manning for his dedicated Clint will graduate from the U.S. Merchant community. Vicki and I thank them for their service and his selflessness that motivates ev- Marine Academy on June 18, 2016, and he dedication and pray for their continued suc- eryone around him. will be commissioned as an Ensign in the cess. May God grant the parishioners of St. Michael’s many more years to come and may f United States Navy Reserve. His career in the service has just begun, but His blessings continue to shine down on them. DR. GUY SCONZO it is a testament to Clint’s unselfish devotion to f the people of this great nation. JUSTIN PRENDERGAST HON. TED POE The challenges will be many and the time, OF TEXAS although it may seem like an eternity, will fly HON. STEVEN M. PALAZZO IN THE HOUSE OF REPRESENTATIVES by almost unnoticed. South Mississippi is proud of Clint and his OF MISSISSIPPI Tuesday, June 7, 2016 accomplishments, and we look forward to him IN THE HOUSE OF REPRESENTATIVES Mr. POE of Texas. Mr. Speaker, I would like continuing to represent not only Mississippi, Tuesday, June 7, 2016 to recognize the fine career and outstanding but the entire nation, as a United States Navy Mr. PALAZZO. Mr. Speaker, I would like to public service of my friend, Dr. Guy Sconzo. Reserve officer. take this opportunity to recognize Mr. Justin Dr. Sconzo has devoted four decades to the As Clint embarks on a new chapter in life, Prendergast as a member of the United States education of our nation’s youth; beginning as it is my hope that he may always recall with Naval Academy Class of 2016. a teacher and then working as an adminis- a deep sense of pride and accomplishment Justin graduated from the U.S. Naval Acad- trator. He is retiring after leading Humble Inde- graduating from a program as prestigious as emy with a degree in aerospace engineering pendent School District for the last 15 years the Merchant Marine Academy. and he received a commission as a Second as Superintendent. He has devoted his life to I would like to send Clint my best wishes for Lieutenant in the United States Marine Corps education and bettering our community, and it continued success in his future endeavors, on May 27th, 2016. is with great pleasure that I express my admi- thank him for his service, and congratulate His career in the service has just begun, but ration and gratitude for his lifelong service. I him on this momentous occasion. it is a testament to Justin’s unselfish devotion offer him my utmost congratulations for his f to the people of this great nation. long and successful career. The challenges will be many and the time, Dr. Sconzo began his career as a teacher— COMMEMORATING THE 130TH ANNI- although it may seem like an eternity, will fly in his home state of New York—after grad- VERSARY OF THE BASILICA OF by almost unnoticed. uating from Wagner College in 1973. He then ST. MICHAEL THE ARCHANGEL South Mississippi is proud of Justin and his earned his Master’s Degree at New York Uni- IN PENSACOLA, FLORIDA accomplishments, and we look forward to him versity, and his doctorate at Ohio State Uni- continuing to represent not only Mississippi, versity. He served in many different teaching HON. JEFF MILLER but the entire nation, as a United States Ma- and administrative roles in New York, Ohio, OF FLORIDA rine Corps officer. As Justin embarks on a new chapter in life, New Jersey, and Oklahoma. He then made IN THE HOUSE OF REPRESENTATIVES one of the best decisions of his life, he moved it is my hope that he may always recall with to the great State of Texas in 2001 as Super- Tuesday, June 7, 2016 a deep sense of pride and accomplishment intendent for Humble ISD. Mr. MILLER of Florida. Mr. Speaker, I rise graduating from a program as prestigious as During his career, he has achieved numer- to commemorate the 130th anniversary of the the Naval Academy. ous awards and recognition at the local, state historic Basilica of St. Michael the Archangel I would like to send Justin my best wishes and federal level for his leadership and hands- in Pensacola, Florida. for continued success in his future endeavors, on involvement in the success of the students The Catholic presence in Pensacola traces thank him for his service, and congratulate at Humble ISD. In 2013, he earned Super- back more than 450 years ago, upon the first him on this momentous occasion. intendent of the Year by Region 4 and last settlement under the command of Don Trista´n f year he led Humble ISD to being named the de Luna y Arellano in 1559. Following a series A TRIBUTE TO FRED SHEHEEN Best Large District in Texas by H–E–B Excel- of military conflicts to occupy or maintain set- lence in Education Awards. His dedication has tlements in Pensacola and hurricanes that earned him the respect and admiration of the devastated the Gulf Coast, under the com- HON. JAMES E. CLYBURN OF SOUTH CAROLINA teachers, staff and students under his super- mand of General Bernardo de Ga´lvez in 1781, IN THE HOUSE OF REPRESENTATIVES vision as well as the community. His intellect, the Spanish defeated the British and recap- eagerness, and vision will be sincerely missed tured Pensacola. It was in May of that year Tuesday, June 7, 2016 by not only Humble, but the many other com- that Father Cyril de Barcelona blessed an old Mr. CLYBURN. Mr. Speaker, I rise to pay munities that he has touched. wooden two story warehouse on the water- tribute to a legendary figure in South Carolina,

VerDate Sep 11 2014 07:15 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A07JN8.042 E07JNPT1 emcdonald on DSK9F6TC42PROD with REMARKS June 7, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E847 Fred Sheheen, who recently died in an auto- Meadows as a member of the United States Hays High School, United States Naval Acad- mobile accident. Fred, a former chair of the Naval Academy Class of 2016. emy; Mark Kittelson, Ronald Reagan High South Carolina Commission on Higher Edu- Teresa graduated from the U.S. Naval School, United States Merchant Marine Acad- cation, spent his life advocating for South Academy with a degree in history and she re- emy; Steven Thomas Lamoureux, Robert G. Carolina’s colleges and universities. He was ceived a commission as an Ensign in the Cole High School, United States Air Force instrumental in breaking down barriers to qual- United States Navy on May 27th, 2016. Academy; Scott Wagner McClendon, Westlake ity education and promoting equality of oppor- Her career in the service has just begun, High School, Greystone Preparatory School at tunity for African American students. but it is a testament to Teresa’s unselfish de- Schreiner University, United States Air Force Fred graduated from Duke University in the votion to the people of this great nation. Academy and Sean J. O’Leary, Heritage late 1950s. After graduating, he worked as a The challenges will be many and the time, School, United States Military Academy. reporter for The Charlotte Observer covering although it may seem like an eternity, will fly These outstanding students have much to civil rights events. As a founding member of by almost unnoticed. give to their Academy and to our country. We the Student Non-violent Coordinating Com- South Mississippi is proud of Teresa and appreciate both their talents and their patriot- mittee (SNCC), or ‘‘Snick,’’ as we became her accomplishments, and we look forward to ism. known, my fellow students and I made sure her continuing to represent not only Mis- that Fred—as a young reporter—had plenty of sissippi, but the entire nation, as a United f news to cover. States Navy officer. Fred later worked as an aide to South Caro- As Teresa embarks on a new chapter in life, PAUL SOLOMON lina Governor and United States Senator Don- ald Russell. He served for a decade as Com- it is my hope that she may always recall with missioner and Executive Director of the South a deep sense of pride and accomplishment HON. STEVEN M. PALAZZO Carolina Commission on Higher Education graduating from a program as prestigious as OF MISSISSIPPI and later taught an honors course on South the Naval Academy. Carolina State Government for the University I would like to send Teresa my best wishes IN THE HOUSE OF REPRESENTATIVES for continued success in her future endeavors, of South Carolina. Fred also served on the ex- Tuesday, June 7, 2016 ecutive board of UNITED 2000, which was thank her for her service, and congratulate her dedicated to bringing the Confederate battle on this momentous occasion. Mr. PALAZZO. Mr. Speaker, I would like to flag down from the State House dome and out f take this opportunity to recognize Mr. Paul of the Senate and House Chambers. Solomon as a member of the United States His family roots run deep in South Caro- CONGRATULATIONS TO THE 2016 Air Force Academy Class of 2016. lina’s political community and state govern- SERVICE ACADEMY APPOINTEES Paul graduated from the U.S. Air Force ment. Fred’s brother Austin was a long-time FROM THE 21ST CONGRESSIONAL Academy on June 2, 2016, and he will be member of Kershaw County Council. Another DISTRICT OF TEXAS commissioned as a Second Lieutenant in the brother Bob served as Speaker of the South United States Air Force. Carolina House of Representatives, and his HON. LAMAR SMITH His career in the service has just begun, but son Vincent, a twice Democratic nominee for OF TEXAS it is a testament to Paul’s unselfish devotion to Governor of South Carolina, currently serves IN THE HOUSE OF REPRESENTATIVES the people of this great nation. in the South Carolina State Senate. Fred Sheheen’s nearly eight decades on Tuesday, June 7, 2016 The challenges will be many and the time, although it may seem like an eternity, will fly earth were dedicated to the betterment of his Mr. SMITH of Texas. Mr. Speaker, today we by almost unnoticed. fellow South Carolinians and building a bright- congratulate the 2016 Service Academy ap- er future for their children and grandchildren. pointees from the 21st Congressional District South Mississippi is proud of Paul and his His untimely death is a tremendous loss for of Texas. accomplishments, and we look forward to him our state and our people, and to me person- The following individuals have accepted continuing to represent not only Mississippi, ally. May he rest in peace. Academy appointments: but the entire nation, as a United States Air f John Richard Anthis, Alamo Heights High Force officer. As Paul embarks on a new chapter in life, TERESA CARMELLA MEADOWS School, Greystone Preparatory School at Schreiner University, United States Military it is my hope that he may always recall with Academy; Chandler Ray Baker, Central a deep sense of pride and accomplishment HON. STEVEN M. PALAZZO Catholic High School, United States Military graduating from a program as prestigious as OF MISSISSIPPI Academy; Heidi S. Borgerding, Boerne—Sam- the Air Force Academy. IN THE HOUSE OF REPRESENTATIVES uel V. Champion High School, United States I would like to send Paul my best wishes for Tuesday, June 7, 2016 Air Force Academy; Tamara Jean Fumagalli, continued success in his future endeavors, Mr. PALAZZO. Mr. Speaker, I would like to New Braunfels High School, United States Air thank him for his service, and congratulate take this opportunity to recognize Ms. Teresa Force Academy; Gracie Sierra Hough, Jack C. him on this momentous occasion.

VerDate Sep 11 2014 07:15 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A07JN8.047 E07JNPT1 emcdonald on DSK9F6TC42PROD with REMARKS Tuesday, June 7, 2016 Daily Digest Senate of claims asserting post-traumatic stress disorder or Chamber Action traumatic brain injury in connection with combat or Routine Proceedings, pages S3473–S3597 sexual trauma as a basis for review of discharge. Measures Introduced: Five bills and one resolution Pages S3488–90 were introduced, as follows: S. 3025–3029, and S.J. McCain (for Baldwin) Amendment No. 4293, to Res. 34. Pages S3539–40 require a National Academy of Sciences study on al- ternative technologies for conventional munitions de- Measures Reported: militarization. Page S3488–90 S. 795, to enhance whistleblower protection for McCain (for Gillibrand) Amendment No. 4112, to contractor and grantee employees, with an amend- expand protections against wrongful discharge to ment in the nature of a substitute. (S. Rept. No. sexual assault survivors. Page S3488–90 114–270) McCain (for Schumer) Amendment No. 4177, to S. 1411, to amend the Act of August 25, 1958, require a report on the replacement of the security commonly known as the ‘‘Former Presidents Act of forces and communications training facility at 1958’’, with respect to the monetary allowance pay- Frances S. Gabreski Air National Guard Base, New able to a former President, with an amendment in York. Page S3488–90 the nature of a substitute. (S. Rept. No. 114–271) McCain (for Leahy) Amendment No. 4354, to Page S3539 clarify that the National Guard’s mission is both Measures Passed: Federal and non-Federal for purposes of a report on Female Veteran Suicide Prevention Act: Com- the cost of conversion of military technicians to ac- mittee on Veterans’ Affairs was discharged from fur- tive Guard and Reserve. Page S3488–90 ther consideration of S. 2487, to direct the Secretary McCain (for Heitkamp) Amendment No. 4079, to of Veterans Affairs to identify mental health care and ensure continued operational capability for long- suicide prevention programs and metrics that are ef- range bomber missions in the event of termination fective in treating women veterans as part of the of the B–21 bomber program. Page S3488–90 evaluation of such programs by the Secretary, and McCain (for Hirono) Amendment No. 4317, to the bill was then passed. Page S3597 fulfill the commitment of the United States to the Use of the Capitol Grounds: Senate agreed to H. Republic of Palau. Page S3488–90 Con. Res. 119, authorizing the use of the Capitol McCain (for Cardin/McCain) Amendment No. Grounds for the Greater Washington Soap Box 4031, to impose sanctions with respect to foreign persons responsible for gross violations of inter- Derby. Page S3597 nationally recognized human rights. Page S3488–90 Measures Considered: McCain (for Coats) Amendment No. 4169, to re- National Defense Authorization Act—Agree- quire a report on the discharge by warrant officers ment: Senate continued consideration of S. 2943, to of pilot and other flight officer positions in the authorize appropriations for fiscal year 2017 for mili- Navy, Marine Corps, and Air Force currently dis- tary activities of the Department of Defense, for charged by commissioned officers. Page S3488–90 military construction, and for defense activities of McCain (for Portman/Brown) Amendment No. the Department of Energy, to prescribe military per- 4236, to require a report on priorities for bed sonnel strengths for such fiscal year, taking action on downs, basing criteria, and special mission units for the following amendments proposed thereto: C–130J aircraft of the Air Force. Page S3488–90 Pages S3474–92, S3492–S3511, S3525–34 McCain (for Roberts) Amendment No. 4119, to Adopted: prohibit reprogramming requests of the Department McCain (for Peters) Amendment No. 4138, to of Defense for funds for the transfer or release, or provide for the treatment by discharge review boards construction for the transfer or release, of individuals D613

VerDate Sep 11 2014 07:26 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D07JN6.REC D07JNPT1 emcdonald on DSK9F6TC42PROD with DIGEST D614 CONGRESSIONAL RECORD — DAILY DIGEST June 7, 2016 detained at United States Naval Station, Guanta- House Messages: namo Bay, Cuba. Page S3488–90 Frank R. Lautenberg Chemical Safety for the McCain (for Ernst) Amendment No. 4095, to im- 21st Century Act: Senate concurred in the House prove Federal program and project management. amendment to the Senate amendment to H.R. 2576, Page S3488–90 to modernize the Toxic Substances Control Act. McCain (for Murkowski) Amendment No. 4086, Pages S3511–25 to authorize a lease of real property at Joint Base El- mendorf-Richardson, Alaska. Page S3488–90 Messages from the House: Page S3539 McCain (for Hatch) Amendment No. 4071, to re- Additional Cosponsors: Pages S3540–44 designate the Assistant Secretary of the Air Force for Statements on Introduced Bills/Resolutions: Acquisition as the Assistant Secretary of the Air Pages S3544–45 Force for Acquisition, Technology, and Logistics. Pages S3538–39 Page S3488–90 Additional Statements: McCain (for Daines) Amendment No. 4247, to re- Amendments Submitted: Pages S3545–96 quire an expedited decision with respect to securing Authorities for Committees to Meet: land-based missile fields. Page S3488–90 Pagess S3596–97 McCain (for Sullivan) Amendment No. 4344, to authorize military-to-military exchanges with India. Privileges of the Floor: Page S3597 Page S3488–90 Record Votes: Two record votes were taken today. By 66 yeas to 32 nays (Vote No. 90), Durbin (Total—91) Page S3504 Amendment No. 4369, to provide that certain pro- Adjournment: Senate convened at 10 a.m. and ad- visions in this Act relating to limitations, trans- journed at 8:43 p.m., until 9:30 a.m. on Wednes- parency, and oversight regarding medical research day, June 8, 2016. (For Senate’s program, see the re- conducted by the Department of Defense shall have marks of the Majority Leader in today’s Record on no force or effect. Pages S3503–04 page S3597.) By 70 yeas to 28 nays (Vote No. 91), Inhofe Amendment No. 4204, to strike the provision relat- ing to the pilot program on privatization of the De- Committee Meetings fense Commissary System. (Committees not listed did not meet) Pages S3491–92, S3492–S3503, S3504–11 Pending: APPROPRIATIONS: LABOR, HEALTH AND McCain Amendment No. 4229, to address un- HUMAN SERVICES, EDUCATION funded priorities of the Armed Forces. Committee on Appropriations: Subcommittee on Depart- Pages S3474–92, S3492 ments of Labor, Health and Human Services, and Reed/Mikulski Amendment No. 4549 (to Amend- Education, and Related Agencies approved for full ment No. 4229), to authorize parity for defense and committee consideration an original bill entitled, nondefense spending pursuant to the Bipartisan ‘‘Labor, Health and Human Services, Education, and Budget Act of 2015. Pages S3525–34 Related Agencies Appropriations Act, 2017’’. A motion was entered to close further debate on Reed/Mikulski Amendment No. 4549 (to Amend- BANK CAPITAL AND LIQUIDITY ment No. 4229) (listed above), and, in accordance REGULATION with the provisions of rule XXII of the Standing Committee on Banking, Housing, and Urban Affairs: Rules of the Senate, a vote on cloture will occur on Committee concluded a hearing to examine bank Thursday, June 9, 2016. Page S3534 capital and liquidity regulation, after receiving testi- A motion was entered to close further debate on mony from Hal S. Scott, Harvard Law School, Cam- McCain Amendment No. 4229 (listed above), and, bridge, Massachusetts; Marvin Goodfriend, Carnegie in accordance with the provisions of rule XXII of Mellon University Tepper School of Business, Pitts- the Standing Rules of the Senate, a vote on cloture burgh, Pennsylvania; and Heidi Mandanis Schooner, will occur upon disposition of Reed/Mikulski The Catholic University of America Columbus Amendment No. 4549 (to Amendment No. 4229). School of Law, and Paul H. Kupiec, American Enter- Page S3534 prise Institute for Public Policy Research, both of A unanimous-consent agreement was reached pro- Washington, D.C. viding for further consideration of the bill at ap- proximately 9:30 a.m., on Wednesday, June 8, 2016; EPA OVERSIGHT and that Senate recess subject to the call of the Chair Committee on Environment and Public Works: Sub- at 10:30 a.m. Page S3597 committee on Superfund, Waste Management, and

VerDate Sep 11 2014 07:26 Jun 08, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D07JN6.REC D07JNPT1 emcdonald on DSK9F6TC42PROD with DIGEST June 7, 2016 CONGRESSIONAL RECORD — DAILY DIGEST D615 Regulatory Oversight concluded an oversight hearing ceiving testimony from Chuck Rosenberg, Acting to examine Environmental Protection Agency’s un- Administrator, Drug Enforcement Administration, funded mandates on state, local, and tribal govern- and Richard Hartunian, United States Attorney for ments, after receiving testimony from Mark Norris, the Northern District of New York, both of the De- Tennessee State Senate Majority Leader, Nashville, partment of Justice; Michael Botticelli, Director of on behalf of the Council of State Governments; National Drug Control Policy; Douglas C. George S. Hawkins, District of Columbia Water and Throckmorton, Deputy Director, Regulatory Pro- Sewer Authority, and Robert L. Glicksman, The grams, Center for Drug Evaluation and Research, George Washington University Law School, both of Food and Drug Administration, Department of Washington, D.C.; Christian Y. Leinbach, Berks Health and Human Services; Chief Cathy L. Lanier, County, Reading, Pennsylvania, on behalf of the Na- Metropolitan Police Department, Washington, D.C.; tional Association of Counties; and John L. Berrey, Joseph D. Coronato, National District Attorneys As- Quapaw Tribe of Oklahoma, Quapaw. sociation, Toms River, New Jersey; Sullivan K. RUSSIAN VIOLATIONS Smith, Cookeville Regional Medical Center, Cookeville, Tennessee; James N. Hall, Nova South- Committee on Foreign Relations: Committee concluded eastern University Center for Applied Research on a hearing to examine Russian violations of borders, Substance Use and Health Disparities, Miami, Flor- treaties, and human rights, after receiving testimony ida; and Mike Rozga, Indianola, Iowa. from Victoria Nuland, Assistant Secretary of State, Bureau of European and Eurasian Affairs; Michael R. HOLOCAUST EXPROPRIATED ART Carpenter, Deputy Assistant Secretary of Defense; RECOVERY ACT David Satter, Hudson Institute, Washington, D.C.; Committee on the Judiciary: Subcommittee on the Con- and Vladimir V. Kara-Murza, Open Russia Move- stitution with the Subcommittee on Oversight, ment, Russian Federation. Agency Action, Federal Rights and Federal Courts TSA OPERATIONS AND PASSENGER concluded a hearing to examine S. 2763, to provide SCREENING the victims of Holocaust-era persecution and their Committee on Homeland Security and Governmental Af- heirs a fair opportunity to recover works of art con- fairs: Committee concluded a hearing to examine fiscated or misappropriated by the Nazis, after re- frustrated travelers, focusing on rethinking Transpor- ceiving testimony from Ronald S. Lauder, World tation Security Administration operations to improve Jewish Restitution Organization, Monica Dugot, passenger screening and address threats to aviation, Christie’s, Agnes Peresztegi, Commission for Art Re- after receiving testimony from Peter Neffenger, Ad- covery, and Helen Mirren, all of New York, New ministrator, Transportation Security Administration, York; and Simon Goodman, Beverly Hills, Cali- and John Roth, Inspector General, both of the De- fornia. partment of Homeland Security; and Jennifer A. NOMINATION Grover, Director, Homeland Security and Justice, Government Accountability Office. Select Committee on Intelligence: Committee concluded a hearing to examine the nomination of Susan S. Gib- DEADLY SYNTHETIC DRUGS son, of Virginia, to be Inspector General of the Na- Committee on the Judiciary: Committee concluded a tional Reconnaissance Office, after the nominee testi- hearing to examine deadly synthetic drugs, after re- fied and answered questions in her own behalf. h House of Representatives Reports Filed: Reports were filed today as follows: Chamber Action Supplemental report on H.R. 4775, to facilitate Public Bills and Resolutions Introduced: 16 pub- efficient State implementation of ground-level ozone lic bills, H.R. 5385–5392, 5395–5402; and 2 reso- standards, and for other purposes (H. Rept. lutions, H. Res. 766, 768, were introduced. 114–598, Part 2); Pages H3501–02 H.R. 5273, to amend title XVIII of the Social Se- Additional Cosponsors: Pages H3503–04 curity Act to provide for regulatory relief under the Medicare program for certain providers of services

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Rept. needs, by a 2⁄3 yea-and-nay vote of 363 yeas with 114–605); none voting ‘‘nay’’, Roll No. 269; H.R. 5394, making appropriations for the Depart- Pages H3475–78, H3490–91 ments of Transportation, Housing and Urban Devel- Agreed to amend the title so as to read: ‘‘Express- opment, and related agencies for the fiscal year end- ing support for the goal of ensuring that all Holo- ing September 30, 2017, and for other purposes (H. Rept. 114–606); and caust victims live with dignity, comfort, and security H. Res. 767, providing for consideration of the in their remaining years, and urging the Federal Re- bill (H.R. 4775) to facilitate efficient State imple- public of Germany to continue to reaffirm its com- mentation of ground-level ozone standards, and for mitment to this goal through a financial commit- other purposes; providing for consideration of the ment to comprehensively address the unique health concurrent resolution (H. Con. Res. 89) expressing and welfare needs of vulnerable Holocaust victims, the sense of Congress that a carbon tax would be including home care and other medically prescribed detrimental to the United States economy; and pro- needs.’’. Page H3491 viding for the consideration of the concurrent resolu- Amending title 5, United States Code, to clarify tion (H. Con. Res. 112) expressing the sense of Con- the eligibility of employees of a land management gress opposing the President’s proposed $10 tax on agency in a time-limited appointment to compete every barrel of oil (H. Rept. 114–607). Page H3501 for a permanent appointment at any Federal Speaker: Read a letter from the Speaker wherein he agency: H.R. 4906, to amend title 5, United States appointed Representative Womack to act as Speaker Code, to clarify the eligibility of employees of a land pro tempore for today. Page H3465 management agency in a time-limited appointment Recess: The House recessed at 12:08 p.m. and re- to compete for a permanent appointment at any Fed- 2 convened at 2 p.m. Page H3466 eral agency, by a ⁄3 yea-and-nay vote of 363 yeas Recess: The House recessed at 2:10 p.m. and recon- with none voting ‘‘nay’’, Roll No. 270; Pages H3479–80, H3491–92 vened at 3:45 p.m. Page H3467 Suspensions: The House agreed to suspend the rules Making Electronic Government Accountable by and pass the following measures: Yielding Tangible Efficiencies Act of 2016: H.R. 4904, to require the Director of the Office of Man- Checkpoint Optimization and Efficiency Act of agement and Budget to issue a directive on the man- 2016: H.R. 5338, amended, to reduce passenger agement of software licenses, by a 2⁄3 yea-and-nay wait times at airports; Pages H3467–70 vote of 366 yeas with none voting ‘‘nay’’, Roll No. Helping Hospitals Improve Patient Care Act of 271; Pages H3480–82, H3492 2016: H.R. 5273, amended, to amend title XVIII of the Social Security Act to provide for regulatory re- Eastern Nevada Land Implementation Improve- lief under the Medicare program for certain providers ment Act: H.R. 1815, amended, to facilitate certain of services and suppliers and increased transparency pinyon-juniper related projects in Lincoln County, in hospital coding and enrollment data; Nevada, to modify the boundaries of certain wilder- Pages H3470–75 ness areas in the State of Nevada, and to provide for the implementation of a conservation plan for the Expressing support for the goal of ensuring that Virgin River, Nevada, by a 2⁄3 yea-and-nay vote of all Holocaust victims live with dignity, comfort, 360 yeas to 7 nays, Roll No. 272; and security in their remaining years, and urging the Federal Republic of Germany to reaffirm its Pages H3482–84, H3492–93 commitment to this goal through a financial com- Shiloh National Military Park Boundary Ad- mitment to comprehensively address the unique justment and Parker’s Crossroads Battlefield Des- health and welfare needs of vulnerable Holocaust ignation Act: H.R. 87, amended, to modify the victims, including home care and other medically boundary of the Shiloh National Military Park lo- prescribed needs: H. Con. Res. 129, amended, ex- cated in Tennessee and Mississippi, to establish pressing support for the goal of ensuring that all Parker’s Crossroads Battlefield as an affiliated area of Holocaust victims live with dignity, comfort, and se- the National Park System; Pages H3484–85

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Res. 112. hold hearings to examine implementation of the FAST The rule provides one hour of debate on each con- Act, 2:30 p.m., SR–253. current resolution equally divided and controlled by Committee on Finance: business meeting to consider the the chair and ranking minority member of the Com- nominations of Charles P. Blahous III, and Robert D. Reischauer, both of Maryland, both to be a Member of mittee on Ways and Means. The rule waives all the Board of Trustees of the Federal Supplementary Med- points of order against consideration of each concur- ical Insurance Trust Fund for a term of four years, a rent resolution. The rule provides that each concur- Member of the Board of Trustees of the Federal Old-Age rent resolution shall be considered as read and shall and Survivors Insurance Trust Fund and the Federal Dis- not be subject to a demand for division of the ques- ability Insurance Trust Fund, and a Member of the Board tion. The rule waives all points of order against pro- of Trustees of the Federal Hospital Insurance Trust Fund visions in each concurrent resolution. Testimony was for a term of four years, 9:30 a.m., SD–215. heard from Representatives Boustany, Levin, Whit- Committee on Foreign Relations: Subcommittee on Africa and Global Health Policy, to hold hearings to examine field, Castor of Florida, and Polis. U.S. sanctions policy in Sub-Saharan Africa; to be imme- diately followed by a hearing to examine the nominations VA AND ACADEMIC AFFILIATIONS: WHO of Geeta Pasi, of New York, to be Ambassador to the Re- BENEFITS? public of Chad, Anne S. Casper, of Nevada, to be Ambas- Committee on Veterans’ Affairs: Subcommittee on Over- sador to the Republic of Burundi, and Mary Beth Leon- ard, of Massachusetts, to be Representative of the United sight and Investigations held a hearing entitled ‘‘VA States of America to the African Union, with the rank and Academic Affiliations: Who Benefits?’’. Testi- and status of Ambassador, 2:15 p.m., SD–419. mony was heard from Robert L. Jesse, M.D., Chief Committee on Indian Affairs: business meeting to con- Academic Affiliations Officer, Department of Vet- sider S. 2417, to amend the Indian Health Care Improve- erans Affairs; Randall Williamson, Director, Health ment Act to allow the Indian Health Service to cover the Care Issues, Government Accountability Office; and cost of a copayment of an Indian or Alaska Native veteran public witnesses. receiving medical care or services from the Department of Veterans Affairs, and S. 2916, to provide that the pueblo of Santa Clara may lease for 99 years certain restricted land; to be immediately followed by an oversight hearing Joint Meetings to examine improving interagency forest management to No joint committee meetings were held. strengthen tribal capabilities for responding to and pre- f venting wildfires, including S. 3014, to improve the management of Indian forest land, 2:15 p.m., SD–628. NEW PUBLIC LAWS Committee on Judiciary: Subcommittee on Immigration and the National Interest, to hold hearings to examine (For last listing of Public Laws, see DAILY DIGEST, p. D577) the H–2B Temporary Foreign Worker Program, focusing H.R. 2814, to name the Department of Veterans on examining the effects on Americans’ job opportunities Affairs community-based outpatient clinic in and wages, 2:30 p.m., SD–226. Sevierville, Tennessee, the Dannie A. Carr Veterans Committee on Small Business and Entrepreneurship: business meeting to consider S. 2992, to amend the Small Busi- Outpatient Clinic. Signed on June 3, 2016. (Public ness Act to strengthen the Office of Credit Risk Manage- Law 114–164) ment of the Small Business Administration, S. 3009, to S. 184, to amend the Indian Child Protection and support entrepreneurs serving in the National Guard and Family Violence Prevention Act to require back- Reserve, and S. 3024, to improve cyber security for small ground checks before foster care placements are or- businesses, Time to be announced, Room to be an- dered in tribal court proceedings. Signed on June 3, nounced. 2016. (Public Law 114–165) House Committee on Energy and Commerce, Subcommittee on Health, markup on H.R. 3299, the ‘‘Strengthening Pub- lic Health Emergency Response Act of 2015’’; and H.R. 921, the ‘‘Sports Medicine Licensure Clarity Act of 2015’’ (continued), 2 p.m., 2123 Rayburn.

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Subcommittee on Commerce, Manufacturing, and ‘‘Quadrennial Homeland Security Review Technical Cor- Trade, markup on the ‘‘FTC Process and Transparency rection Act of 2016’’, 2 p.m., 311 Cannon. Reform Act of 2016’’; H.R. 5111, the ‘‘Consumer Review Committee on the Judiciary, Full Committee, markup on Fairness Act’’; H.R. 5092, the ‘‘Reinforcing American H.R. 4768, the ‘‘Separation of Powers Restoration Act of Made Products Act’’; and H.R. 5104, the ‘‘Better Online 2016’’, 10 a.m., 2141 Rayburn. Ticket Sales Act’’, 5 p.m., 2123 Rayburn. Committee on Rules, Full Committee, hearing on H.R. Committee on Financial Services, Task Force to Investigate 5278, the ‘‘Puerto Rico Oversight, Management, and Terrorism Financing, hearing entitled ‘‘The Enemy in Economic Stability Act’’; and H.R. 5325, the ‘‘Legislative Our Backyard: Examining Terror Funding Streams from Branch Appropriations Act, 2017’’, 3 p.m., H–313 Cap- South America’’, 9 a.m., 2128 Rayburn. itol. Committee on Homeland Security, Full Committee, mark- Committee on Science, Space, and Technology, Subcommittee up on H.R. 5064, the ‘‘Improving Small Business Cyber Security Act of 2016’’; H.R. 5253, the ‘‘Strong Visa In- on Environment, hearing entitled ‘‘Private Sector Weath- tegrity Secures America Act’’; the ‘‘Cybersecurity and In- er Forecasting: Assessing Products and Technologies’’, frastructure Protection Agency Act of 2016’’; the ‘‘Sup- 9:30 a.m., 2318 Rayburn. port for Rapid Innovation Act of 2016’’; the ‘‘Leveraging Committee on Ways and Means, Subcommittee on Health, Emerging Technologies Act of 2016’’; the ‘‘Gains in hearing on Member proposals to improve and sustain the Global Nuclear Detection Architecture Act’’; and the Medicare program, 2 p.m., 1100 Longworth.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, June 8 10 a.m., Wednesday, June 8

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Joint Meeting with the Senate ation of S. 2943, National Defense Authorization Act. to Receive His Excellency Narendra Modi, Prime Min- At 10:30 a.m., Senate will recess subject to the call of ister of India. Consideration of H.R. 4775—Ozone Stand- the Chair for the 11 a.m. joint meeting with His Excel- ards Implementation Act of 2016 (Subject to a Rule). lency Narendra Modi in the Hall of the House of Rep- Consideration of the following measure under suspension resentatives. of the rules: House Amendment to S. 2276—PIPES Act of 2016.

Extensions of Remarks, as inserted in this issue

HOUSE Farr, Sam, Calif., E828 Paulsen, Erik, Minn., E842 Foster, Bill, Ill., E837, E841 Perlmutter, Ed, Colo., E828, E829, E832, E834, E835, Barletta, Lou, Pa., E830 Hastings, Alcee L., Fla., E834 E836, E838, E840, E842, E844 Beatty, Joyce, Ohio, E843 Hensarling, Jeb, Tex., E827, E829, E832 Poe, Ted, Tex., E845, E846 Bordallo, Madeleine Z., Guam, E844 Higgins, Brian, N.Y., E830, E839 Pompeo, Mike, Kans., E837 Bustos, Cheri, Ill., E833 Huffman, Jared, Calif., E828, E831, E833, E835, E839 Reichert, David G., Wash., E844 Carson, Andre´, Ind., E842 Larsen, Rick, Wash., E828 Sanford, Mark, S.C., E831 Cartwright, Matt, Pa., E838 Luetkemeyer, Blaine, Mo., E827 Schiff, Adam B., Calif., E830 Clyburn, James E., S.C., E846 Lujan Grisham, Michelle, N.M., E836 Coffman, Mike, Colo., E835, E844 MacArthur, Thomas, N.J., E843 Sessions, Pete, Tex., E834, E841 Collins, Doug, Ga., E832, E833, E837 McCollum, Betty, Minn., E835 Sewell, Terri A., Ala., E831 Crenshaw, Ander, Fla., E827 McDermott, Jim, Wash., E843 Shuster, Bill, Pa., E829 Davis, Rodney, Ill., E841 Miller, Jeff, Fla., E846 Smith, Lamar, Tex., E832, E847 Denham, Jeff, Calif., E840 Norton, Eleanor Holmes, The District of Columbia, Visclosky, Peter J., Ind., E827, E832, E833, E838 Dingell, Debbie, Mich., E840 E836 Watson Coleman, Bonnie, N.J., E837 Dold, Robert J., Ill., E841 O’Rourke, Beto, Tex., E835, E841 Young, David, Iowa, E833, E834, E835, E837, E838, E840, Ellison, Keith, Minn., E829, E836 Palazzo, Steven M., Miss., E845, E846, E846, E847, E847 E841, E842, E843, E844

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