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

Vol. 162 WASHINGTON, THURSDAY, JUNE 16, 2016 No. 96 Senate The Senate met at 10 a.m. and was day morning and ending early Thurs- sands of constituents called Senate of- called to order by the President pro day morning, the entire Nation fices demanding that Congress do tempore (Mr. HATCH). watched as the junior Senator from something to address this gun violence. f Connecticut gave our Republican col- Senator MURPHY’s filibuster took leagues a lesson in a number of things, over social media. ‘‘Hold the floor’’ was PRAYER not the least of which was courage. the top-trending topic nationally and The Chaplain, Dr. Barry C. Black, of- Senator MURPHY stood here for 14 globally. Senator MURPHY got the fered the following prayer: hours. We talk a lot about filibusters world’s attention and certainly Amer- Let us pray. in the Senate. They don’t happen very ica’s attention, and I hope the atten- Eternal God, You are from eternity often. I have been in Congress for 34 tion of the Senate Republicans. past and future, the same yesterday, years. I have probably been involved in In the early morning hours, the Re- today, and forever. We are Your chil- two more filibusters than anyone else. publican leader and I spoke. He indi- dren seeking to understand the des- We have talked about them and there cated that he would commit to a vote tinies You have choreographed for our are fake filibusters, but this one was on the Murphy-Booker-Feinstein legis- lives. Lord, we stand weak and mortal, real. lation to expand background checks surrounded by the immensities of Your I admire and appreciate the junior and the Feinstein measure to close the power and the unfolding of Your loving Senator from Connecticut very much. terror loophole, preventing terrorists providence. Four days after 49 innocent Americans from walking into a gun store and buy- Today use our lawmakers as servants were gunned down in cold blood, Sen- ing all the firearms and explosives they for Your purposes. May they remember ator MURPHY stood here on the Senate want. that life is a dress rehearsal for eter- floor, as I have already indicated, for 14 Why the passion by Senator MURPHY? nity and a time of training and testing. hours, pleading with Republicans to Why? Could it have been the deaths of May their world be centered not in join us in doing something to help stop these little babies by some madman themselves but in You as they better our Nation’s scourge of gun violence— walking into Sandy Hook Elementary comprehend the vanity of the temporal and it is a scourge. Thirty-eight other School? Of course it was. He has indi- and the glory of the eternal. As many Democrats joined him on the floor, all cated that he can’t get that out of his recover from burning the midnight oil, of whom, without exception, echoed mind. He thinks about that every day— lift their minds beyond all time and Senator MURPHY’s call to keep guns not 24 hours a day, but every day. space to You, the Author and Finisher out of the hands of terrorists and Why was CORY BOOKER here every of our faith. criminals. minute of the time with Senator MUR- We pray in Your mighty Name. All 46 of us were united together, led PHY? He was here because he lives in an Amen. by Senator MURPHY in support of what area where people are killed—several a f he was doing. We all believe that he week. He gave one of the most pas- PLEDGE OF ALLEGIANCE echoed the words that we wish to sionate speeches on Tuesday in our speak—to keep guns out of the hands of caucus about holding a little boy who The President pro tempore led the terrorists and criminals. It was an in- was shot in the head and died in his Pledge of Allegiance, as follows: spiring reminder to Americans that the arms. I pledge allegiance to the Flag of the Senate Democrats will not cave in to Senator SCHUMER, the third sponsor United States of America, and to the Repub- the National Rifle Association or Gun of this legislation, has been involved in lic for which it stands, one nation under God, indivisible, with liberty and justice for all. Owners of America. We will not cave in gun issues since his early days in the to them, and the people of this Nation House of Representatives. DIANNE FEIN- f responded to Senator MURPHY’s stand STEIN—doing something about guns has RECOGNITION OF THE MINORITY against gun violence in an over- been on her portfolio since she was a LEADER whelming way. member of the board of supervisors of The PRESIDING OFFICER (Mr. Throughout the course of Senator San Francisco. She became mayor as a ROUNDS). The Democratic leader is rec- MURPHY’s filibuster, hundreds of our result of the mayor being murdered. ognized. constituents came and watched from DIANNE FEINSTEIN led the charge a f the Senate gallery. There were nearly number of years ago to pass legislation 100 people still sitting in the gallery at on this floor when filibusters were not GUN SAFETY LEGISLATION 2:12 a.m. this morning as Senator MUR- the way we did things around here, Mr. REID. Mr. President, for 14 hours PHY brought his filibuster to a close. stopping every piece of legislation from and 50 minutes, beginning late Wednes- Thousands and thousands and thou- going through. She persevered and

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

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VerDate Sep 11 2014 00:49 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A16JN6.000 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4258 CONGRESSIONAL RECORD — SENATE June 16, 2016 passed legislation to stop the easily ob- safe. We can help provide that safety The PRESIDING OFFICER. Without tainable assault weapons. by closing the terror loophole and ex- objection, it is so ordered. Does anybody think these assault panding background checks today and f weapons are good for hunting or pro- do it immediately. I hope Republicans FIGHTING TERRORISM tecting your family? This evil man will do the right thing and work with that went into this nightclub in Or- us to protect Americans from this gun Mr. MCCONNELL. Mr. President, lando, FL—I don’t personally know violence. We need gun safety, not more over the past few months, terrorists in- how many clips he had, but he had at guns. We must take a stand in the Sen- spired or directed by ISIL have com- least three 30-bullet clips. It took less ate and say enough is enough. mitted mass murder in Brussels, in than 3 seconds to shoot those victims. f California, and in France. When ISIL They were all gone in less than 3 sec- issued a call for lone-wolf attacks onds. If you are really not very good at CELEBRATING JUNETEENTH against the West during Ramadan, its it, it takes a couple of seconds to re- Mr. REID. Mr. President, this Sun- followers heard the call. load. So to fire off 90 shells would take day, June 19, is Juneteenth, a day we This week, just outside Paris, more 10 or 15 seconds if that was what he celebrate each year as a reminder that innocent lives were ended brutally by a wanted to do. liberty and justice must reach all cor- terrorist who broadcasted news of the DIANNE FEINSTEIN was right many ners of our great Nation. attack over the Internet. years ago, and she is still right today. On June 19, 1865, nearly 21⁄2 years This week in Orlando, Americans These assault weapons are not for the after President Lincoln’s Emanci- were targeted deliberately and taken American people’s entertainment, and pation Proclamation and more than 2 forever from their families by a ter- they shouldn’t be, but the NRA and months after General Lee’s surrender rorist ISIL has claimed is ‘‘one of the Gun Owners of America love to sell at Appomattox, a number of slaves in soldiers of the caliphate.’’ these guns. We are going to vote on the Galveston, TX, learned that the insti- It is clear from his behavior that this Murphy-Booker-Schumer legislation to tution of slavery was no longer. There was not a random act of violence. This expand background checks, and we are was no media, no press, no Internet, was a calculated act of terror. going to vote on the Feinstein measure and no television at that time. As CIA Director John Brennan testi- to close up terrorist loopholes to pre- As we celebrate Juneteenth, I hope fied this morning before the Senate Se- vent a terrorist from walking into a we take a moment to reflect on what it lect Committee on Intelligence: Is- gun store and buying all of the fire- represents, the celebration of liberty lamic State militants are ‘‘training arms and explosives they want. These and freedom for all Americans. Sadly, and attempting to deploy operatives are commonsense safety measures that 151 years later, we have much work to for further attacks on the West.’’ He the American people overwhelmingly do to ensure that all citizens are treat- also called this terrorist attack an as- support. ed equally, no matter their race, reli- sault on the values of openness and tol- According to a December poll—De- gion, national origin, or whom they erance that define the United States as cember, September, October, August, it love. a nation. doesn’t matter; it has been this way for We must ensure all of our citizens Well, of course, he is absolutely years—almost 90 percent of Americans can assert their right to vote. Our Na- right. It throws into stark relief the are in favor of expanding background tion continues to struggle to make the troubling reality we now face. checks. Ask anyone: Do we want a ballot box more accessible for those ISIL is not the JV team. ISIL is cer- criminal or someone who has problems who continue to be disfranchised in a tainly not ‘‘contained.’’ ISIL is the per- with their mental capacity to purchase number of areas, including ex-felons. sonification of evil in the world, and it a gun? Of course we don’t. That is what They have done their time. Let them will continue to bring tragedy after background checks are all about. More be a part of society. We want them to tragedy to our own doorsteps until it is than 80 percent of Americans want to come back and be citizens and a part of defeated. close the so-called terror loophole pre- the network of our great communities. President Obama needs to finally venting suspected terrorists from pur- Let them vote. lead a campaign to accomplish this ob- chasing firearms, and legislation by Here in our Nation’s capital, Wash- jective or, at the very least, prepare Senator FEINSTEIN will cover just that. ington, DC, more than 600,000 residents the military and intelligence commu- I am glad that there will be votes, in the District of Columbia—that is nity to help the next President do it if and I appreciate that very much. I how many live here—continue to face he won’t. This is his primary responsi- shouldn’t have to be appreciative about taxation without representation. I bility in the wake of this terrorist something that should just happen, but have been here a long time, and I have tragedy. I am because around here we don’t get always supported Statehood for DC. Here is ours. Here is what we need to votes on a lot of stuff. Why not? do. Our responsibility in the Senate is I want to be very clear: It is not As we celebrate Juneteenth this to make a choice: work on serious solu- enough for Republicans to simply let year, I hope that all Americans will tions to prevent terrorist attacks or us vote. Democrats can’t pass the gun look at the example Lincoln set when use the Senate as a campaign studio— safety legislation by ourselves. We are he sent troops to Galveston, TX, which as a campaign studio. Yesterday, the the minority party as a result of the is, no matter who you are or where you FBI Director came to deliver a critical elections 2 years ago. It will change, may be, this Nation is a land of liberty briefing on Orlando and explain what is and there will be a new majority in the and justice for all. needed to prevent similar terrorist at- first part of next year, but for now we Let the record reflect, I understand tacks in the future. Senate Repub- are in the minority in this Chamber protocol here, and I was told that Sen- licans attended and asked serious ques- and Republicans must join us in order ator MCCONNELL may be a little bit tions. A rather significant group of for those measures to pass. That will late. So I was told to go forward. Senate Democrats skipped it—skipped not happen if the Republicans continue f the briefing all together—for a cam- to take their orders—and I mean or- paign talkathon out here on the Senate ders—from the National Rifle Associa- RECOGNITION OF THE MAJORITY floor, which also prevented us from tion and Gun Owners of America. We LEADER going forward on the bill, offering need Americans to understand that we The PRESIDING OFFICER. The ma- amendments and votes. need Republicans to follow Senator jority leader is recognized. It is hard to think of a clearer con- MURPHY’s and Senator FEINSTEIN’s lead f trast between serious work for solu- and show courage in standing up to the tions on the one hand and endless par- gun lobby. ORDER OF PROCEDURE tisan campaigning on the other. In the aftermath of the worst shoot- Mr. MCCONNELL. Mr. President, I Doing what we can to fight terror be- ing in modern American history, our ask unanimous consent that the Sen- yond our borders and to prevent at- constituents elected us for help. They ate be in a period of debate only until tacks within our border were priorities want to feel safe, and they want to be noon today. of ours well before the terrorist attack

VerDate Sep 11 2014 00:49 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G16JN6.001 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 16, 2016 CONGRESSIONAL RECORD — SENATE S4259 in Orlando, and they continue to be at paign talkathons like we witnessed working. Well, I don’t know anyone the forefront of our efforts now. yesterday, preventing us from actually who could be a Member of the Senate We just passed the annual National voting. It means we need serious solu- and could actually be going home to Defense Authorization Act. It will go a tions and hard work. After all, that is their home States on the weekends and long way toward helping Americans what our constituents sent us here to listening to people who live in their confront global security challenges do. home States who could believe that today and toward preparing the next We may have gotten held back by a ObamaCare is working. Commander in Chief to take on the day, but now we are able to keep mov- Across the country, people are seeing threats tomorrow. ing forward to set up votes on both how much more money they are ex- We are now working to pass an ap- sides, just as we always expected. pected to pay for their health insur- propriations bill that will give the FBI I yield the floor. ance premiums next year. I just read and other law enforcement officials f that story from today’s New York more of the resources needed to track Times. RESERVATION OF LEADER TIME down and defuse threats right here on Yesterday’s Washington Post said: American soil. As we consider that The PRESIDING OFFICER. Under Premiums for health plans sold through measure, we are continuing to explore the previous order, the leadership time the federal insurance exchange— additional tools that can help prevent is reserved. the one that Democrats came to the devastating terrorist attacks, such as f floor and said they loved and was going tools to help us permanently address to work— the threat of lone-wolf terrorists and COMMERCE, JUSTICE, SCIENCE, to help us connect the dots when it AND RELATED AGENCIES APPRO- could jump substantially next year— comes to terrorist communications. PRIATIONS ACT, 2016 That was from the Washington Post Now is the time for Democrats to fi- The PRESIDING OFFICER. Under yesterday— nally join with us in pursuing serious the previous order, the Senate will re- perhaps more than at any point since the Af- solutions that can actually make a real sume consideration of H.R. 2578, which fordable Care Act marketplaces began in difference. the clerk will report. 2013. As we said on Tuesday, there will be The senior assistant legislative clerk Does Senator REID read the news- amendment votes on this bill. There read as follows: papers? Does he talk to his constitu- will be amendment votes on this bill. A bill (H.R. 2578) making appropriations ents? Otherwise, how can he be so ter- Yesterday, we were prepared to begin for the Departments of Commerce and Jus- ribly confused about the impact of this that process but were unable to get tice, Science, and Related Agencies for the health care law and the damage it has amendments pending because of the ex- fiscal year ending September 30, 2016, and for done to the American people? tended floor debate that went on until other purposes. So far, 31 States and the District of 2 o’clock this morning. We will try Pending: Columbia have released information on again today to move forward with McConnell (for Shelby/Mikulski) amend- what insurance companies plan to amendments from both sides, and once ment No. 4685, in the nature of a substitute. charge next year. The average Amer- there is an agreement to do so, we will Shelby amendment No. 4686 (to amendment ican is facing premiums that are 22 per- update everybody. No. 4685), to make a technical correction. cent higher than this year. That is So, look, of course, no one wants ter- The PRESIDING OFFICER. The Sen- what is bringing about these headlines rorists to be able to buy guns. No one ator from Wyoming. in the Washington Post and the New wants terrorists to be able to buy guns. OBAMACARE York Times. So if Democrats are actually serious Mr. BARRASSO. Mr. President, most In Iowa, an insurance company says about getting a solution on that issue mornings when the Senate is in ses- that it wants its customers in the and not just making a political talking sion, the minority leader comes to the ObamaCare exchange to pay as much point, they will join with us to support floor—Senator REID—and talks for a as 43 percent more next year. One cus- ORNYN’s SHIELD Act. It will Senator C while, and he sometimes talks about tomer wrote in to the State insurance give the Justice Department the abil- things in the news. So I come today to division and said: ‘‘You’re killing me.’’ ity to prevent known or suspected ter- the floor to talk about a headline in Does Senator REID understand the rorists from purchasing firearms. It the news today—in the New York impact of this law? will protect the constitutional rights Times, of all places—with this head- Another wrote in and said: ‘‘Who can of all Americans. It will go a step fur- line: ‘‘Obamacare Premiums Are Ris- afford this? It’s disastrous.’’ ther as well and actually allow terror- ing, and Not by a Little.’’ ‘‘Obamacare Does Senator REID note any of that? ists to be taken into custody if a judge Premiums Are Rising, and Not By a In North Carolina, the largest insur- finds probable cause. Little’’ is today’s New York Times Now, that is a serious solution on ance company in the State said it plans headline. this issue. Let’s remember, however, to charge people an average of 19 per- It is interesting that when I hear that this issue represents only a piece cent more next year. Senator REID come to the floor, so of a much bigger challenge. Director In Pennsylvania, one company says Brennan also told the Intelligence often he is coming to the floor to de- it is going to charge people up to 48 Committee today that ‘‘despite all of fend the Obama health care law. A cou- percent more starting in January. our progress against ISIL on the bat- ple of weeks ago he came to the floor In Arizona, people are facing pre- tlefield and in the financial realm, our and he said that ObamaCare is ‘‘con- mium increases of 53 percent. That is efforts have not reduced the group’s tinuing to work.’’ Those are his words. the average increase in Arizona. terrorist capability and global reach.’’ So today I find interesting the New So it is not surprising to see a head- That is Brennan. York Times story with this headline: line in the New York Times today—and If we want to prevent ISIL-inspired ‘‘Obamacare Premiums Are Rising, and I hope Senator REID read the paper: and directed attacks, we have to defeat Not By a Little.’’ It says: ‘‘Obamacare Premiums Are Rising, and ISIL in Iraq and in Syria. If we want to Even in urban areas where competition Not By a Little.’’ prevent ISIL-inspired and directed at- was expected to be brisk and the risk pool Well, whose fault is this? Who should tacks, we have to defeat ISIL in Iraq young and healthy— people across the country blame when and in Syria. ‘‘Expected’’ is the key word there— they see these outrageous price in- Here is what that means. From the insurers appear to be struggling. In 14 creases that affect them at home? White House, it means we don’t need major cities, insurers are asking for 2017 in- Well, I believe they should blame Sen- another lecture or another threat to creases twice as big as 2016. ator REID and every Democrat in Con- veto the Defense bill. It means we need Twice as big as last year—yet Sen- gress who voted for ObamaCare and all real leadership and a plan of action to ator REID says ObamaCare is con- of the expensive requirements, regula- defeat ISIL. tinuing to work. tions, and restrictions. From our colleagues here in the Sen- The next day after he said that, he So the question is, Is ObamaCare ate, it means we don’t need more cam- said that the Affordable Care Act is working? Let’s use President Obama’s

VerDate Sep 11 2014 02:32 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G16JN6.002 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4260 CONGRESSIONAL RECORD — SENATE June 16, 2016 standard, the one that he set for him- surance. The premiums go up, the sub- of $7,000. How can the President say self. Well, he promised that if you liked sidies go up, but that is a bill that hits this is valuable? The people who are your doctor, you could keep your doc- the taxpayers, the hard-working men getting it—even with his expensive tor. Well, insurance plans have been and women in the country who pay subsidies paid for by taxpayers—are trying to cut costs by doing what? By their taxes year in and year out. saying this is giving them very little narrowing the network of doctors that So that is 12 million, but there are value and is a poor value. That is why patients can see. People are finding another 12 million—an equal number of this law is so unpopular. That is why that they can’t keep their doctors. people—who have to buy this insurance ObamaCare continues to be underwater They have been losing their doctor be- without any of the subsidies at all. So in terms of those who support it and cause the doctor is no longer covered when the President takes a look and those who oppose it. The average de- by their insurance. talks about these 12 million, that is a ductible for a silver plan this year is Well, you say, this is from a guy who significant hit to the American tax- $600 higher than it was just 2 years ago. has practiced medicine for a long time. payers and it turns a blind eye to the 12 That is why, when we see these head- No, it is a whole weekend section in million Americans who buy insurance lines in the New York Times today and the Sunday Review of the New York without any of the subsidies. They are the Washington Post yesterday, we re- Times: ‘‘Sorry, We Don’t Take left to pay the full freight for these alize that people all across the country Obamacare.’’ People who have enormous premium increases we are are being hurt by this Obama health ObamaCare, people who actually sup- looking at next year. care law. One out of four Americans ported the idea of ObamaCare cannot There was an Associated Press story say they have been personally hurt by see a doctor, cannot go to a hospital on Monday. I read the story in today’s the health care law—not that they because of this health care law. paper, the story in yesterday’s paper, know somebody who has been hurt but President Obama said if you liked the Associated Press headline on Mon- that they have personally been hurt by your insurance, you could keep your day—‘‘Rising premiums rattle con- the health care law. insurance. Well, can you? Ninety-two sumers paying their own way.’’ Are Even for people who are getting the thousand people in Colorado are losing Senator REID and the Democrats rat- subsidies for their premiums, the their insurance plan because compa- tled by it? They should be because the deductibles and the copays have been nies are pulling out of the State. Twen- American public is rattled by it. This rising very fast. People never get to ty-two thousand people in Ohio are tells the story of a woman from the point of being able to use their in- now scrambling to find new health in- Queens, NY. We have two Democratic surance. I mean, that is the real prob- surance because the co-op they were in Senators in this body who voted for lem with the way this was set up. They went broke last month. this health care law. This is one of have coverage; they still can’t afford The health care law actually created their constituents from Queens, NY. care. 23 different co-ops; 13 of them have She got a notice from her insurance It is interesting to listen to the gone out of business. company that they plan to raise her President’s speech. If you listen to him Over the past couple of years, 745,000 rates by as much as 25 percent next carefully, he doesn’t actually use the Americans who were promised by year. On top of this, her plan dropped word ‘‘care,’’ he uses the word ‘‘cov- Barack Obama that if they like their the hospital network she wants. Well, erage.’’ If you can’t get care, coverage insurance they can keep it lost their President Obama promised that she is useless, but that is what the Presi- insurance because their co-ops have could keep her insurance, she could dent’s numbers are. He talks about closed down, just under the health care keep her doctor, and she could keep her coverage, refusing to talk about care. law. President Obama promised—it is hospital. It doesn’t apply to this This is about health care. People want his standard—that under his health woman in Queens. She says: ‘‘For peo- care, not empty coverage. care law, the average family would see ple like me who are in the middle, But in the face of all this evidence, their health care rates go down by there is very limited choice, and now the Democratic leader, HARRY REID, $2,500 per year. Anyone who wants to that limited choice is going to get has stood here on the floor of the Sen- know if ObamaCare is working should more expensive.’’ How do the Senators ate and pretended in front of the Amer- ask one simple question: Did your from New York respond to that? Why ican people that ObamaCare is work- health insurance rates go down by aren’t they on the floor talking about ing. He has repeatedly ignored every $2,500? That is the standard the Demo- it? broken promise that every Democratic crats should be held to. For most Americans, the Democrats’ Member in Congress made about the Now we know that ObamaCare did health care law has meant higher health care law. He has come to the take millions of people and put them prices, worse health care, and less free- floor and repeatedly ignored every into Medicaid, which is a failed system, dom to choose what is right for them American who has lost their insurance. a broken system. Many refer to it as a and their families. That is why the He repeatedly comes to the floor and second-class citizen. It is hard to see a polls show that, on average, only 4 out ignores every American who has had to doctor, hard to get care. It took other of 10 Americans have a favorable view pay outrageous amounts of money for people and gave them big taxpayer sub- of the health care law at all, and it is insurance that for many of them is un- sidies, paid for by the American tax- because the premiums keep going up usable but is mandated by President payers, to help them afford the high and up without end and are hitting Obama and the Democrats that they premiums—the subsidies helped them them in the pocket. It is because peo- have to buy under penalty of law. None afford the high premiums for this over- ple are also paying higher deductibles of that seems to matter to the Demo- priced ObamaCare insurance, but those and higher copayments just to see a cratic leader, who personally super- people will tell you that it left them doctor. vised the writing of the health care law with deductibles and copays so high The Kaiser Family Foundation did a in his office behind closed doors. It is a that they can’t actually use the insur- survey, and they asked about these terribly flawed law, but behind the ance. For millions of other Americans, deductibles and copays. What they said closed doors of his office, it was writ- there are no subsidies—just enormous was that for people who have ten and passed on a party-line vote. bills. deductibles over $1,500—even those peo- Well, the American people have spo- The President says: Don’t worry, you ple who are getting the subsidies for ken, and they have given Senator are going to get a subsidy. But let’s ObamaCare, which the President says REID’s efforts and the ObamaCare take a look at how many people will is so great—70 percent of them with health care law a failing grade. Even get subsidies and how many will get deductibles over $1,500 ranked those with the subsidies say it is a poor none who happen to be buying insur- ObamaCare as a poor value. value today. Americans all across the ance through the exchanges. According This is a $1,500 deductible. The aver- country are hurting because of to the Congressional Budget Office— age silver plan in the ObamaCare ex- ObamaCare, and Senator REID and the people who look into this—there changes has a deductible of more than President Obama bear the responsi- are 12 million Americans who get some $3,000. Insurance plans for next year bility. How much more do the Amer- sort of subsidy to buy ObamaCare in- are starting to come with deductibles ican people have to suffer before the

VerDate Sep 11 2014 00:49 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G16JN6.003 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 16, 2016 CONGRESSIONAL RECORD — SENATE S4261 Washington Democrats will accept the those speeches—you can’t make this The best way to do that is for all of facts? People want the care they need up. It’s so ridiculous. Can you believe us to work together to find that bal- from a doctor they choose at a lower that really an agency that is held in ance, instead of blaming one side or the cost. high regard, the National Science other side for not doing enough or for Republicans have offered ways to Foundation, actually is issuing grants doing too little. This is not an easy give people what they have been asking of taxpayer money for these kinds of issue to resolve. for all along. It is time for Democrats projects? Normally it would bring a lot It just doesn’t seem appropriate for to work with us. It is time for Demo- of laughs and a lot of outrage over this me to come to the floor and talk about crats to stop trying to deliberately de- waste of money. the waste of the week because that in- ceive the American people by pre- I couldn’t help but think of what is volves something people normally tending this broken health care law is plaguing most Americans this week, would laugh at. This is not a week to working—pretending. That is what this after the tragic shooting in Orlando, laugh. This is a week to mourn. This is Sandy Hook, San Bernardino, and all of is all about because it is not working. a week to work together to find a sen- the other breaking news and tragedies ObamaCare remains very unpopular be- sible way of trying to prevent these we have been hit with as Americans. I cause people realize that for them per- kinds of things from happening, and we am having trouble with it, as all Amer- sonally, it is a very bad deal. Repub- are working through that. So next icans are having trouble with it. We licans have better ideas, better solu- week I will come down and do two tions. Republicans are offering the are trying to fight toward a solution. I am not sure what that solution is. It is waste-of-the-week issues because this American people the freedom, the flexi- waste keeps going on, and it is an issue bility, and the choice they want when not a simplistic solution. Clearly, in a democracy as free and as open as we all need to be aware of because the it comes to their health care. people we represent are forced, through Thank you, Mr. President. America, whether it is ISIL-inspired or I yield the floor. terrorist-inspired or whether it is just the tax system, to send money to I suggest the absence of a quorum. someone mentally ill, someone whose Washington, and they want it reason- The PRESIDING OFFICER. The hatred drives their life, or someone sit- ably spent and reasonably used for nec- clerk will call the roll. ting in their basement at 2 a.m. Being essary purposes. The senior assistant legislative clerk inspired by ISIS web sites or just sim- With that, let’s keep our focus and proceeded to call the roll. ply some of the stuff that comes across our eyes on the task at hand in respect Mr. COATS. Mr. President, I ask the internet, we are facing a tough sit- and in mourning for what has happened unanimous consent that the order for uation here. But this week seems to be in Orlando and what has been hap- the quorum call be rescinded. importantly difficult, and we are pening across our country far, far, far The PRESIDING OFFICER. Without searching for ways—and the last thing too often. Let’s work together to find a objection, it is so ordered. we need to do is to politicize this issue. reasonable solution that can take us in WORKING TOGETHER TO PROTECT OUR We have to address issues to make the right direction toward preventing COMMUNITIES sure we have done everything we pos- these things from happening. Not one Mr. COATS. Mr. President, as my sibly can to prevent the wrong people, of us—not one of us—wants to have a colleagues know, I come to the floor to prevent terrorists, from purchasing process which puts these weapons in each week to deliver a ‘‘waste of the and owning weapons of mass destruc- the hands of terrorists or those who week’’ speech. My concern over exces- tion or that can cause the kind of mean to do us harm. sive government spending and spending issues we are dealing with in Orlando With that, Mr. President, I yield the on nonessential programs in wasteful and other places. There is not a Mem- floor. ways needs to be shared with the ber of this body, Republican or Demo- Mr. President, it appears there is an American people, and my colleagues cratic, who has not been impacted by need to know that a lot of hard-earned absence of Members here, so I suggest what is happening not just in Orlando the absence of a quorum. tax dollars are wasted through waste, but by a series of events similar to The PRESIDING OFFICER (Mr. fraud, and abuse. this. There is not a Senator here—Re- TILLIS). The clerk will call the roll. Some of these have been very serious, publican or Democratic, liberal or con- resulting in literally billions of dollars servative—who doesn’t want to find a The legislative clerk proceeded to of waste. Some have been smaller ex- way to address the situation in a way call the roll. penditures but ludicrous expenditures, that would reduce the incidence or Mr. CORNYN. Mr. President, I ask the kinds of expenditures where people hopefully eliminate the incidence of unanimous consent that the order for say why in the world does the Federal these issues. the quorum call be rescinded. Government have to do that? Or why— We are working through that now, The PRESIDING OFFICER. Without where’s the common sense here? The and working through that is difficult objection, it is so ordered. American people work very hard to because we do want Americans to have SHIELD ACT earn the dollars they send to Wash- the ability and the rights that are ington. promised to them under the Constitu- Mr. CORNYN. Mr. President, the past A lot of them are scraping by to pay tion and the Second Amendment, few days, we have been contemplating the mortgage that’s due at the end of which is to protect themselves. We the horrific shooting in Orlando and the month, to pay the rent that is due want to make sure their constitutional asking ourselves how this could happen at the end of the week, to get the gro- rights aren’t breached for their own and, of course, grieving and praying ceries in the house or the savings to self-defense. and thinking about the people who lost put in the savings account for an edu- What do we say to a woman living their lives and their families and those cation; any number of ways the Amer- alone in a neighborhood where there is who were injured. ican people today, as the statistics are a lot of drug dealing going on and a lot As the Presiding Officer knows, yes- showing us today, have less spending of random shootings and a lot of home terday we had the opportunity to get money. The average American worker invasions that she can’t protect her- briefed by the FBI Director and the today has up to $3,000-plus less per year self? We don’t want to do that. We Secretary of Homeland Security. What in earnings than they did at the begin- don’t want to say to someone who owns we learned is that there is still a lot ning of this administration. a business and wants to ensure that the left to learn and that the investigation I don’t know how the President keeps business is not broken into and they is ongoing. But clearly this was not a going on the airwaves saying things lose everything they have invested and random act of violence. This is not are just great and look how much bet- who hires a security guard or someone about somebody going to purchase a ter we are doing when people are earn- to provide protection, that we are gun at a store and then going out and ing on an average $3,000 less than they going to take away that right. By the deciding indiscriminately to kill the earned 8 years after the President first same token, we don’t want these kinds first person they meet, but then again, took office. of weapons used in these mass killings neither was the shooting in San However, walking over to the floor to to be in the hands of the wrong people. Bernardino a random act of violence or deliver this—and this one is one of So we are trying to find that balance. the attempted shooting in Garland,

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Their legislation our communities? not just in the Middle East but right does nothing to protect the due process We also learned from Director Comey here at home by people who have never rights of American citizens under the yesterday that there are additional traveled to the Middle East but who Bill of Rights and under our Constitu- tools the FBI does not currently have communicate through social media and tion. that we ought to make sure it has, online and become radicalized by this Many of us remember that a few things to make sure that they can use, ideology of hate, one that results in years ago, the late Teddy Kennedy for example, national security letters terrible tragedies such as the one we cited his own frustration with showing to collect not only financial informa- saw in Orlando. up on a list that was created by the tion in counterterrorism cases, which Sadly, our friends on the other side government in secret, only to find out they currently can, but also to make of the aisle have seen this as an oppor- that he, a United States Senator, was sure that Internet providers can pro- tunity to make this a political debate on a no-fly list. Back in 2004, he was vide IP addresses and email addresses— about gun control, and they simply are put on the list and he was denied an not content. Not the content. That refusing to acknowledge the threat we airplane ticket. If Teddy Kennedy from would require a court order and a face from radical Islam. Rather than the Kennedy family—one of the most showing of probable cause. But the fact trying to solve the problem, they are powerful political families in America is, if we are going to have the FBI and trying to drive a wedge between the in our whole history—was denied an our law enforcement officials connect American people and come up with opportunity to get on an airplane be- the dots, we are going to have to make something that basically does nothing. cause he was erroneously put on a no- sure they have the tools to collect the I think one thing that makes people fly list, you can imagine the problems dots. That is what we need to be focus- crazy about Washington, DC, is when the rest of us would have. ing on, not pursuing some opportun- people stand up and claim to under- Senator Kennedy said at the time: istic political agenda that will not stand the problem and yet offer solu- Now, if they had that kind of difficulty for solve any problems at all. tions that don’t solve the problem but, a member of Congress . . . how in the world I believe my amendment could have rather, fit some sort of talking points are average Americans who are going to get had an impact on the Orlando shooting caught up in this kind of thing, how are they or ideological agenda. It is clear that because, as we all have learned, while what we heard yesterday from our going to be able to get treated fairly and not have their rights abused? the shooter in Orlando was not on a friends across the aisle has nothing to watch list at the time he bought the do with defeating ISIS or the threat of That is a pretty good question. It highlights my greater point that we weapons he used in the shooting, he international terrorism or the had been on a watch list and he had radicalization of Americans in their have to be very careful. We need a ro- bust response to protect American citi- been investigated by the FBI. Unfortu- homes. nately, they didn’t come up with suffi- So today I am filing an amendment zens but one that doesn’t infringe on cient evidence with which to detain that I believe will offer a solution. I be- constitutional rights. him at the time. lieve that if it had been enacted before- If Senator Kennedy was placed on a hand, it may have provided the law en- watch list and had trouble getting his Under my amendment, when some- forcement agencies, such as the FBI, name removed, do we have any con- body who was previously under inves- the tools they need in order to identify fidence that average Americans like tigation for suspicion of terrorism somebody like the Orlando shooter be- the rest of us will not have their con- within the last 5 years—like the Or- forehand and to take them off the stitutional rights stripped, with no lando attacker—goes to buy the gun, streets. This amendment is called the legal process to remedy it? the FBI and the State and local law en- SHIELD Act. It would not only stop In the United States of America, forcement authorities will be imme- terrorists from getting guns, but it where I was born and grew up, we sim- diately notified, and they can then es- would take them off the streets, and it ply cannot deny somebody a constitu- calate their investigation. They can go would do so in a way that is consistent tional right without due process of law to a judge and say: Judge, we need a with our Constitution. and making the government come for- wiretap so we can listen to—based on a I want to make this clear so there is ward and presenting evidence to a showing of probable cause under the no doubt at all. Every single Senator judge so that a determination can be Fourth Amendment—we can listen to wants to deny terrorists access to the made not by the government but by an the conversations to see if they are guns they use to harm innocent civil- impartial third party. calling people and engaging in another ians. But there is a right way to do The proposal I am filing today will plot with coconspirators. things and a wrong way. help fight terrorism at home and en- In this way, I believe the SHIELD My friends on the other side of the sure that due process is protected. It is Act could have prevented the tragedy aisle have put forward a measure that called the SHIELD Act. It would create that occurred over the weekend in Or- was voted on last December, sponsored a process for our law enforcement offi- lando because this shooter was on a by Mrs. FEINSTEIN, the Senator from cials to actually investigate and look watch list within the previous 5 years, California. The bottom line is that pro- at the evidence. But it wouldn’t just and if the FBI had been notified, which posal doesn’t protect our constitu- stop terrorists from buying guns; it they would have been if he were on a tional rights, and it doesn’t go far would go further—certainly further watch list, then they could have esca- enough to make our country safer. than the Democrats’ amendment—by lated the investigation further and per- Under Senator FEINSTEIN’s proposal, helping law enforcement take them off haps have discovered enough evidence after being denied a gun for being on the streets. Under my proposal, if to take him off the streets. some classified list created by the gov- someone who is known or suspected of This is a similar proposal to the one ernment—lists that are often riddled being a terrorist tries to buy a gun, I offered back in December that gar- with errors and include law-abiding they will be blocked from doing so nered bipartisan support and received citizens—the individual can go home, while the authorities carry out an in- more votes than my colleagues on the search the Internet for how to build a vestigation, followed by an expedited other side of the aisle. As a matter of homemade bomb or go to the hardware hearing where a judge can block the fact, we had 55 votes with a bipartisan store to buy everything they need to sale permanently if adequate evidence majority on my amendment last De- carry out some other sort of terrorist is produced. And importantly, if the cember. This new amendment is a attack, and they are free to walk the judge determines there is probable small tweak in modification, but it is a streets and to plot that attack. cause to block the sale, they can do straightforward plan that reflects As I mentioned, my legislation actu- more than just block the sale; they can input from all sides, and it will stop ally does what we need to do to give take the terrorist into custody. If we terrorists from buying guns and will law enforcement, first, the notice that believe someone is dangerous enough provide a means to get them off the

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Mr. President, I ask (A) the Federal Government; or it is pretty reasonable, and it is a good unanimous consent that the resolu- (B) a State or local government. starting point if we are trying to ad- (3) SECRETARY.—The term ‘‘Secretary’’ tions be agreed to, the preambles be means the Secretary of the Interior. dress the real threat of Islamic extre- agreed to, and the motions to recon- mism rearing its ugly head here at sider be considered made and laid upon SEC. 4. ESTABLISHMENT OF COMMISSION. home, but as I mentioned, we must do the table en bloc. (a) IN GENERAL.—There is established a more than equip our law enforcement The PRESIDING OFFICER. Without commission, to be known as the ‘‘United officials with the tools they need in objection, it is so ordered. States Semiquincentennial Commission’’, to order to collect evidence and hopefully The resolutions were agreed to. plan, encourage, develop, and coordinate the prevent these attacks from occurring The preambles were agreed to. commemoration of the history of the United in the future. (The resolutions, with their pre- States leading up to the 250th anniversary of So going forward, I hope we will ambles, are printed in today’s RECORD the founding of the United States. come up with an agreement that any under ‘‘Submitted Resolutions.’’) (b) COMPOSITION.—The Commission shall be response to domestic terrorism must f composed of the following members: include providing the FBI and other UNITED STATES SEMIQUINCEN- (1) 4 members of the Senate, of whom— law enforcement the resources and au- TENNIAL COMMISSION ACT OF (A) 2 shall be appointed by the majority thorities to track down terrorists and leader of the Senate; and 2016 take them off the streets. (B) 2 shall be appointed by the minority FORT HOOD TRAGEDY Mr. CORNYN. Mr. President, I ask leader of the Senate. Mr. President, 2 weeks ago, about a unanimous consent that the Judiciary (2) 4 members of the House of Representa- dozen soldiers were in an Army tactical Committee be discharged from further tives, of whom— vehicle in Fort Hood, TX, as part of a consideration of S. 2815 and the Senate (A) 2 shall be appointed by the Speaker of the House of Representatives; and larger training exercise when they proceed to its consideration. The PRESIDING OFFICER. Is there (B) 2 shall be appointed by the minority were swept off the road. Nine of them leader of the House of Representatives. lost their lives by drowning. This was objection? (3) 16 members who are private citizens, of in the aftermath of heavy rain and Without objection, it is so ordered. whom— flooding throughout Texas, and their The clerk will report the bill by title. (A) 4 shall be appointed by the majority vehicle overturned as they tried to The legislative clerk read as follows: leader of the Senate; cross a flooded creek. A bill (S. 2815) to establish the United (B) 4 shall be appointed by the minority As I said, out of the 12 people swept States Semiquincentennial Commission, and leader of the Senate; out of the tactical vehicle, 9 of them for other purposes. (C) 4 shall be appointed by the Speaker of drowned, but thankfully 3 survived. There being no objection, the Senate the House of Representatives; (D) 4 shall be appointed by the minority The nine who died came from all over proceeded to consider the bill. Mr. CORNYN. Mr. President, I ask leader of the House of Representatives; and America—California, New York, New (E) 1 of whom shall be designated by the Jersey, Florida, Indiana, and Texas. unanimous consent that the bill be read a third time and passed and the President as the Chairperson. They were also at various stages of (4) The following nonvoting ex officio their honorable careers of serving our motion to reconsider be considered members: country and the U.S. Army. made and laid upon the table with no (A) The Secretary. Today, at the Spirit of Fort Hood intervening action or debate. (B) The Secretary of State. Chapel, the Fort Hood community is The PRESIDING OFFICER. Without (C) The Attorney General. gathering to remember each of them, objection, it is so ordered. (D) The Secretary of Defense. their families, to offer prayers for their The bill (S. 2815) was ordered to be (E) The Secretary of Education. engrossed for a third reading, was read (F) The Librarian of Congress. friends and family left behind, and to (G) The Secretary of the Smithsonian In- consider how we can honor their legacy the third time, and passed, as follows: S. 2815 stitution. going forward. (H) The Archivist of the United States. I, of course, send my prayers and Be it enacted by the Senate and House of Rep- (I) The presiding officer of the Federal deepest condolences to those who have resentatives of the United States of America in Council on the Arts and the Humanities. lost loved ones. I can’t imagine their Congress assembled, SECTION 1. SHORT TITLE. (c) TERM; VACANCIES.— pain, but I share in their grief. Fort (1) TERM.—A member shall be appointed Hood is a resilient place. Over the This Act may be cited as the ‘‘United States Semiquincentennial Commission Act for the life of the Commission. years, it has experienced a number of of 2016’’. (2) VACANCIES.—A vacancy on the Commis- tragedies, including the shooting by SEC. 2. FINDINGS; PURPOSE. sion— (A) shall not affect the powers of the Com- MAJ Nidal Husan, just to name an- (a) FINDINGS.—Congress finds that July 4, other one. They have experienced trag- 2026, the 250th anniversary of the founding of mission; and edy before, and I hate that they have the United States, as marked by the Declara- (B) shall be filled in the same manner as to do so again, but I know, without a tion of Independence in 1776, and the historic the original appointment was made. doubt, that the community there that events preceding that anniversary— (d) MEETINGS.—All meetings of the Com- is nicknamed ‘‘the great place’’ is (1) are of major significance in the develop- mission shall be convened at Independence ment of the national heritage of the United Hall in Philadelphia, Pennsylvania, to honor strong, and I hope and pray the service States of individual liberty, representative today is a time of hopeful remem- the historical significance of the building as government, and the attainment of equal the site of deliberations and adoption of both brance for those who committed their and inalienable rights; and lives to protect and defend our free- the United States Declaration of Independ- (2) have had a profound influence through- ence and the Constitution. doms. out the world. I thank them for their service, and I (b) PURPOSE.—The purpose of this Act is to (e) QUORUM.—A majority of the members of stand ready to support the Fort Hood establish a Commission to provide for the ob- the Commission shall constitute a quorum, community in any way I can while servance and commemoration of the 250th but a lesser number of members may hold they continue to grieve the loss of anniversary of the founding of the United hearings. States and related events through local, these nine heroes. State, national, and international activities SEC. 5. DUTIES. f planned, encouraged, developed, and coordi- (a) IN GENERAL.—The Commission shall— RESOLUTIONS SUBMITTED TODAY nated by a national commission representa- (1) prepare an overall program for com- Mr. CORNYN. Mr. President, I ask tive of appropriate public and private au- memorating the 250th anniversary of the unanimous consent that the Senate thorities and organizations. founding of the United States and the his- SEC. 3. DEFINITIONS. toric events preceding that anniversary; and now proceed to the en bloc consider- In this Act: (2) plan, encourage, develop, and coordi- ation of the following Senate Resolu- (1) COMMISSION.—The term ‘‘Commission’’ nate observances and activities commemo- tions, which were submitted earlier means the United States rating the historic events that preceded, and today: S. Res. 495, S. Res. 496, S. Res. Semiquincentennial Commission established are associated with, the United States 497, and S. Res. 498. by section 4(a). Semiquincentennial.

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(b) REQUIREMENTS.— ministrative responsibility among the public graph (A) shall be located in, or in facilities (1) IN GENERAL.—In preparing plans and an and private authorities and organizations near to, buildings of historical significance overall program, the Commission— recommended for participation by the Com- to the American Revolution, so as to pro- (A) shall give due consideration to any re- mission; and mote greater public awareness of the herit- lated plans and programs developed by State, (B) proposals for such legislative enact- age of the United States. local, and private groups; and ments and administrative actions as the (C) SUBMISSION OF RECOMMENDATIONS.— (B) may designate special committees with Commission considers necessary to carry out Each of the officers described in this para- representatives from groups described in the recommendations. graph shall submit to the Commission a re- subparagraph (A) to plan, develop, and co- (d) REPORT SUBMITTED TO CONGRESS.—The port containing recommendations in time to ordinate specific activities. President shall submit to Congress a report afford the Commission an opportunity— (2) EMPHASIS.—The Commission shall— that contains— (i) to review the reports; and (A) emphasize the planning of events in lo- (1) the complete report of the Commission; (ii) to incorporate in the report described cations of historical significance to the and in section 5(c) such findings and rec- United States, especially in those locations (2) such comments and recommendations ommendations as the Commission considers that witnessed the assertion of American lib- for legislation and such a description of ad- appropriate. erty, such as— ministrative actions taken by the President (4) DEPARTMENT OF STATE.—The Secretary (i) the 13 colonies; and as the President considers appropriate. of State shall coordinate the participation of (ii) leading cities, including Boston, (e) POINT OF CONTACT.—The Commission, foreign nations in the celebration of the Charleston, New York City, and Philadel- acting through the secretariat of the Com- United States Semiquincentennial, including phia; and mission described in section 9(b), shall serve by soliciting the erection of monuments and (B) give special emphasis to— as the point of contact of the Federal Gov- other cultural cooperations in founding cit- (i) the role of persons and locations with ernment for all State, local, international, ies of the United States so as— significant impact on the history of the and private sector initiatives regarding the (A) to celebrate the shared heritage of the United States during the 250-year period be- Semiquincentennial of the founding of the United States with the many peoples and na- ginning on the date of execution of the Dec- United States, with the purpose of coordi- tions of the world; and laration of Independence; and nating and facilitating all fitting and proper (B) to provide liaison and encouragement (ii) the ideas associated with that history, activities honoring the 250th anniversary of for the erection of international pavilions to which have been so important in the develop- the founding of the United States. showcase the spread of democratic institu- ment of the United States, in world affairs, tions abroad in the period following the and in the quest for freedom of all mankind. SEC. 6. COORDINATION. (a) IN GENERAL.—In carrying out this Act, American Revolution. (3) INFRASTRUCTURE.—The Commission SEC. 7. POWERS. shall— the Commission shall consult and cooperate with, and seek advice and assistance from, (a) HEARINGS.—The Commission may hold (A) evaluate existing infrastructure; such hearings, meet and act at such times (B) include in the report required under appropriate Federal agencies, State and local public bodies, learned societies, and and places, take such testimony, and receive subsection (c) recommendations for what in- such evidence as the Commission considers frastructure should be in place for the suc- historical, patriotic, philanthropic, civic, professional, and related organizations. advisable to carry out this Act. cessful undertaking of an appropriate cele- (b) INFORMATION FROM FEDERAL AGEN- (b) RESPONSIBILITY OF OTHER FEDERAL bration in accordance with this Act; and CIES.— AGENCIES.— (C) coordinate with State and local bodies (1) IN GENERAL.—The Commission may se- (1) IN GENERAL.—Federal agencies shall co- to make necessary infrastructure improve- cure directly from a Federal agency such in- ments. operate with the Commission in planning, encouraging, developing, and coordinating formation as the Commission considers nec- (c) REPORT SUBMITTED TO THE PRESIDENT.— essary to carry out this Act. (1) IN GENERAL.—Not later than 2 years appropriate commemorative activities. (2) PROVISION OF INFORMATION.—On request after the date of enactment of this Act, the (2) DEPARTMENT OF THE INTERIOR.— of the Chairperson of the Commission, the Commission shall submit to the President a (A) IN GENERAL.—The Secretary shall un- head of the agency shall provide the informa- comprehensive report that includes the spe- dertake a study of appropriate actions that tion to the Commission. cific recommendations of the Commission might be taken to further preserve and de- (c) POSTAL SERVICES.—The Commission velop historic sites and battlefields, at such for the commemoration of the 250th anniver- may use the United States mails in the same sary and related events. time and in such manner as will ensure that manner and under the same conditions as (2) RECOMMENDED ACTIVITIES.—The report fitting observances and exhibits may be held other agencies of the Federal Government. may include recommended activities such at appropriate sites and battlefields during (d) GIFTS.—The Commission may accept, as— the 250th anniversary celebration. use, and dispose of gifts or donations of (A) the production, publication, and dis- (B) REPORT.—The Secretary shall submit money, property, or personal services. tribution of books, pamphlets, films, and to the Commission a report that contains (e) ADDITIONAL POWERS.—As determined other educational materials focusing on the the results of the study and the rec- necessary by the Commission, the Commis- history, culture, and political thought of the ommendations of the Secretary, in time to sion may— period of the American Revolution; afford the Commission an opportunity— (1) procure supplies, services, and property; (B) bibliographical and documentary (i) to review the study; and (2) make contracts; projects and publications; (ii) to incorporate in the report described (3) expend in furtherance of this Act funds (C) conferences, convocations, lectures, in section 5(c) such findings and rec- appropriated, donated, or received in pursu- seminars, and other programs, especially ommendations as the Commission considers ance of contracts entered into under this those located in the 13 colonies, including appropriate. Act; and the major cities and buildings of national (3) ARTS AND HUMANITIES.— (4) take such actions as are necessary to historical significance of the 13 colonies; (A) IN GENERAL.—The presiding officer of enable the Commission to carry out effi- (D) the development of libraries, museums, the Federal Council on the Arts and the Hu- ciently and in the public interest the pur- historic sites, and exhibits, including mobile manities, the Chairperson of the National poses of this Act. exhibits; Endowment for the Arts, and the Chair- (f) USE OF MATERIALS.— (E) ceremonies and celebrations commemo- person of the National Endowment for the (1) TIME CAPSULE.—A representative por- rating specific events, such as— Humanities shall cooperate with the Com- tion of all books, manuscripts, miscellaneous (i) the signing of the Declaration of Inde- mission, especially in the encouragement printed matter, memorabilia, relics, and pendence; and coordination of scholarly works and ar- other materials relating to the United States (ii) programs and activities focusing on the tistic expressions focusing on the history, Semiquincentennial shall be deposited in a national and international significance of culture, and political thought of the period time capsule— the United States Semiquincentennial; and predating the United States (A) to be buried in Independence Mall, (iii) the implications of the Semiquincentennial. Philadelphia, on July 4, 2026; and Semiquincentennial for present and future (B) LIBRARY OF CONGRESS, SMITHSONIAN IN- (B) to be unearthed on the occasion of the generations; STITUTION, AND ARCHIVES.— 500th anniversary of the United States of (F) encouraging Federal agencies to inte- (i) IN GENERAL.—The Librarian of Congress, America on July 4, 2276. grate the celebration of the the Secretary of the Smithsonian Institu- (2) OTHER MATERIALS.—All other books, Semiquincentennial into the regular activi- tion, and the Archivist of the United States manuscripts, miscellaneous printed matter, ties and execution of the purpose of the shall cooperate with the Commission, espe- memorabilia, relics, and other materials re- agencies through such activities as the cially in the development and display of ex- lating to the United States issuance of coins, medals, certificates of rec- hibits and collections and in the develop- Semiquincentennial, whether donated to the ognition, stamps, and the naming of vessels. ment of bibliographies, catalogs, and other Commission or collected by the Commission, (3) REQUIREMENTS.—The report shall in- materials relevant to the period predating may be deposited for preservation in na- clude— the United States Semiquincentennial. tional, State, or local libraries or museums (A) the recommendations of the Commis- (ii) LOCATION.—To the maximum extent or be otherwise disposed of by the Commis- sion for the allocation of financial and ad- practicable, displays described in subpara- sion, in consultation with the Librarian of

VerDate Sep 11 2014 00:49 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\A16JN6.001 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 16, 2016 CONGRESSIONAL RECORD — SENATE S4265 Congress, the Secretary of the Smithsonian (4) provide to the Commission financial the use of Rapid DNA instruments and re- Institution, the Archivist of the United and administrative services, including serv- sulting DNA analyses. States, and the Administrator of General ices related to budgeting, accounting, finan- ‘‘(B) In this øparagraph¿ Act, the term Services. cial reporting, personnel, and procurement. ‘Rapid DNA instruments’ means instrumen- (g) PROPERTY.—Any property acquired by (c) PAYMENT FOR FINANCIAL AND ADMINIS- tation that carries out a fully automated the Commission remaining on termination of TRATIVE SERVICES.— process to derive a DNA øprofile¿ analysis the Commission may be— (1) IN GENERAL.—Subject to paragraph (2), from a DNA sample.’’. (1) used by the Secretary for purposes of payment for services provided under sub- (b) INDEX.—Paragraph (2) of section the National Park Service; or section (b)(4) shall be made in advance, or by 210304(b) of the DNA Identification Act of (2) disposed of as excess or surplus prop- reimbursement, from funds of the Commis- 1994 (42 U.S.C. 14132(b)(2)) is amended to read erty. sion in such amounts as may be agreed on by as follows: SEC. 8. COMMISSION PERSONNEL MATTERS. the Chairperson of the Commission and the ‘‘(2) prepared by— (a) COMPENSATION OF MEMBERS.—The mem- secretariat of the Commission. ‘‘(A) laboratories that— bers of the Commission shall receive no com- (2) RELATIONSHIP TO REGULATIONS.— ‘‘(i) have been accredited by a nonprofit pensation for service on the Commission. (A) ERRONEOUS PAYMENTS.—The regula- professional association of persons actively (b) TRAVEL EXPENSES.—A member of the tions under section 5514 of title 5, United involved in forensic science that is nation- Commission shall be allowed travel expenses, States Code, relating to the collection of in- ally recognized within the forensic science including per diem in lieu of subsistence, at debtedness of personnel resulting from erro- community; and rates authorized for an employee of an agen- neous payments shall apply to the collection ‘‘(ii) undergo external audits, not less than cy under subchapter I of chapter 57 of title 5, of erroneous payments made to, or on behalf once every 2 years, that demonstrate compli- United States Code, while away from the of, a Commission employee. ance with standards established by the Di- home or regular place of business of the (B) APPROPRIATIONS.—The regulations rector of the Federal Bureau of Investiga- member in the performance of the duties of under sections 1513(d) and 1514 of title 31, tion; or the Commission. United States Code, relating to the adminis- ‘‘(B) criminal justice agencies using Rapid (c) STAFF.— trative control of funds, shall apply to appro- DNA instruments approved by the Director (1) IN GENERAL.—The Chairperson of the priations of the Commission. of the Federal Bureau of Investigation in Commission may, without regard to the civil (C) NO PROMULGATION BY COMMISSION.—The compliance with the standards and proce- service laws (including regulations), appoint Commission shall not be required to pre- dures issued by the Director under section and terminate an executive director and scribe any regulations relating to the mat- 210303(a)(5); and’’. such other additional personnel as are nec- ters described in subparagraphs (A) and (B). SEC. 3. CONFORMING AMENDMENTS RELATING essary to enable the Commission to perform (d) ANNUAL REPORT.—Once each year dur- TO COLLECTION OF DNA IDENTI- the duties of the Commission. ing the period beginning on the date of en- FICATION INFORMATION. (2) CONFIRMATION OF EXECUTIVE DIRECTOR.— actment of this Act and ending on December (a) FROM CERTAIN FEDERAL OFFENDERS.— The employment of an executive director 31, 2027, the Commission shall submit to Con- Section 3 of the DNA Analysis Backlog shall be subject to confirmation by the Com- gress a report of the activities of the Com- Elimination Act of 2000 (42 U.S.C. 14135a) is mission. mission, including an accounting of funds re- amended— (3) COMPENSATION.— ceived and expended during the year covered (1) in subsection (b), by adding at the end (A) IN GENERAL.—Except as provided in by the report. the following: ‘‘The Director of the Federal subparagraph (B), the Chairperson of the SEC. 10. TERMINATION OF COMMISSION. Bureau of Investigation may waive the re- Commission may fix the compensation of the The Commission shall terminate on De- quirements under this subsection if DNA executive director and other personnel with- cember 31, 2027. samples are analyzed by means of Rapid out regard to the provisions of chapter 51 and DNA instruments and the results are in- subchapter III of chapter 53 of title 5, United f cluded in CODIS.’’; and States Code, relating to classification of po- RAPID DNA ACT OF 2015 (2) in subsection (c), by adding at the end sitions and General Schedule pay rates. the following: (B) MAXIMUM RATE OF PAY.—The rate of Mr. CORNYN. Mr. President, I ask ‘‘(3) The term ‘Rapid DNA instruments’ pay for the executive director and other per- unanimous consent that the Senate means instrumentation that carries out a sonnel shall not exceed the rate payable for proceed to the immediate consider- fully automated process to derive a DNA level V of the Executive Schedule under sec- ation of Calendar No. 462, S. 2348. øprofile¿ analysis from a DNA sample.’’. tion 5316 of title 5, United States Code. The PRESIDING OFFICER. The (b) FROM CERTAIN DISTRICT OF COLUMBIA (d) DETAIL OF FEDERAL GOVERNMENT EM- OFFENDERS.—Section 4 of the DNA Analysis clerk will report the bill by title. Backlog Elimination Act of 2000 (42 U.S.C. PLOYEES.— The legislative clerk read as follows: (1) IN GENERAL.—An employee of the Fed- 14135b) is amended— eral Government may be detailed to the A bill (S. 2348) to implement the use of (1) in subsection (b), by adding at the end Commission without reimbursement. Rapid DNA instruments to inform decisions the following: ‘‘The Director of the Federal (2) CIVIL SERVICE STATUS.—The detail of about pretrial release or detention and their Bureau of Investigation may waive the re- the employee shall be without interruption conditions, to solve and prevent violent quirements under this subsection if DNA or loss of civil service status or privilege. crimes and other crimes, to exonerate the in- samples are analyzed by means of Rapid (e) PROCUREMENT OF TEMPORARY AND nocent, to prevent DNA analysis backlogs, DNA instruments and the results are in- INTERMITTENT SERVICES.—The Chairperson of and for other purposes. cluded in CODIS.’’; and the Commission may procure temporary and There being no objection, the Senate (2) in subsection (c), by adding at the end intermittent services in accordance with sec- proceeded to consider the bill, which the following: ‘‘(3) The term ‘Rapid DNA instruments’ tion 3109(b) of title 5, United States Code, at had been reported from the Committee rates for individuals that do not exceed the means instrumentation that carries out a daily equivalent of the annual rate of basic on the Judiciary, with amendments, as fully automated process to derive a DNA pay prescribed for level V of the Executive follows: øprofile¿ analysis from a DNA sample.’’. Schedule under section 5316 of that title. (The parts of the bill intended to be Mr. CORNYN. Mr. President, I ask (f) ADVISORY COMMITTEES.—The Commis- stricken are shown in boldface brack- unanimous consent that the com- sion may appoint such advisory committees ets and the parts of the bill intended to mittee-reported amendments be agreed as the Commission determines necessary. be inserted are shown in italics.) to, the bill, as amended, be read a third SEC. 9. EXPENDITURES OF COMMISSION. S. 2348 time and passed, and the motion to re- (a) IN GENERAL.—All expenditures of the Be it enacted by the Senate and House of Rep- Commission shall be made solely from— consider be considered made and laid resentatives of the United States of America in (1) donated funds; and upon the table. Congress assembled, (2) funds specifically appropriated for the The PRESIDING OFFICER. Without Commission. SECTION 1. SHORT TITLE. objection, it is so ordered. (b) ADMINISTRATIVE SECRETARIAT.—The This Act may be cited as the ‘‘Rapid DNA The committee-reported amendments Commission shall seek to enter into an ar- Act of ø2015¿ 2016’’. were agreed to. rangement with USA 250, Incorporated, SEC. 2. RAPID DNA INSTRUMENTS. The bill (S. 2348), as amended, was or- under which USA 250, Incorporated, shall— (a) STANDARDS.—Section 210303(a) of the dered to be engrossed for a third read- (1) serve as the secretariat of the Commis- DNA Identification Act of 1994 (42 U.S.C. ing, was read the third time, and sion, including by serving as the point of 14131(a)) is amended by adding at the end the contact under section 5(e); following: passed, as follows: (2) house the administrative offices of the ‘‘(5)(A) In addition to issuing standards as S. 2348 Commission; provided in paragraphs (1) through (4), the Be it enacted by the Senate and House of Rep- (3) assume responsibility for funds of the Director of the Federal Bureau of Investiga- resentatives of the United States of America in Commission; and tion shall issue standards and procedures for Congress assembled,

VerDate Sep 11 2014 00:49 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\A16JN6.001 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4266 CONGRESSIONAL RECORD — SENATE June 16, 2016 SECTION 1. SHORT TITLE. The legislative clerk read as follows: (B) in the case of an offense resulting in bod- This Act may be cited as the ‘‘Rapid DNA A bill (S. 2577) to protect crime victims’ ily injury resulting in the victim’s death, to Act of 2016’’. rights, to eliminate the substantial backlog allow the court to use its discretion to award an SEC. 2. RAPID DNA INSTRUMENTS. of DNA and other forensic evidence samples appropriate sum to reflect the income lost by the (a) STANDARDS.—Section 210303(a) of the to improve and expand the forensic science victim’s surviving family members or estate as a DNA Identification Act of 1994 (42 U.S.C. testing capacity of Federal, State, and local result of the victim’s death; 14131(a)) is amended by adding at the end the crime laboratories, to increase research and (C) to require that the defendant pay to the following: development of new testing technologies, to victim an amount determined by the court to re- ‘‘(5)(A) In addition to issuing standards as develop new training programs regarding the store the victim to the position he or she would provided in paragraphs (1) through (4), the collection and use of forensic evidence, to have been in had the defendant not committed Director of the Federal Bureau of Investiga- provide post-conviction testing of DNA evi- the offense; and tion shall issue standards and procedures for dence to exonerate the innocent, to support (D) to require that the defendant compensate the use of Rapid DNA instruments and re- accreditation efforts of forensic science lab- the victim for any injury, harm, or loss, includ- sulting DNA analyses. oratories and medical examiner offices, to ing emotional distress, that occurred as a result ‘‘(B) In this Act, the term ‘Rapid DNA in- address training and equipment needs, to im- of the offense. struments’ means instrumentation that car- prove the performance of counsel in State SEC. 3. AUTHORIZATION OF APPROPRIATIONS ries out a fully automated process to derive capital cases, and for other purposes. FOR GRANTS FOR CRIME VICTIMS. a DNA analysis from a DNA sample.’’. (a) CRIME VICTIMS LEGAL ASSISTANCE (b) INDEX.—Paragraph (2) of section There being no objection, the Senate 210304(b) of the DNA Identification Act of proceeded to consider the bill, which GRANTS.—Section 103(b) of the Justice for 1994 (42 U.S.C. 14132(b)(2)) is amended to read All Act of 2004 (Public Law 108–405; 118 Stat. had been reported from the Committee 2264) is amended— as follows: on the Judiciary, with amendments, as ‘‘(2) prepared by— (1) in paragraph (1), by striking ‘‘2006, 2007, follows: 2008, and 2009’’ and inserting ‘‘2017 through ‘‘(A) laboratories that— (The part of the bill intended to be ‘‘(I) have been accredited by a nonprofit 2021’’; professional association of persons actively stricken is shown in boldface brackets (2) in paragraph (2), by striking ‘‘2006, 2007, involved in forensic science that is nation- and the parts of the bill intended to be 2008, and 2009’’ and inserting ‘‘2017 through ally recognized within the forensic science inserted are shown in italics.) 2021’’; (3) in paragraph (3), by striking ‘‘2006, 2007, community; and S. 2577 2008, and 2009’’ and inserting ‘‘2017 through ‘‘(ii) undergo external audits, not less than Be it enacted by the Senate and House of Rep- once every 2 years, that demonstrate compli- 2021’’; resentatives of the United States of America in (4) in paragraph (4), by striking ‘‘2006, 2007, ance with standards established by the Di- Congress assembled, rector of the Federal Bureau of Investiga- 2008, and 2009’’ and inserting ‘‘2017 through SECTION 1. SHORT TITLE. tion; or 2021’’; and This Act may be cited as the ‘‘Justice for ‘‘(B) criminal justice agencies using Rapid (5) in paragraph (5), by striking ‘‘2006, 2007, All Reauthorization Act of 2016’’. DNA instruments approved by the Director 2008, and 2009’’ and inserting ‘‘2017 through of the Federal Bureau of Investigation in SEC. 2. CRIME VICTIMS’ RIGHTS. 2021’’. compliance with the standards and proce- (a) RESTITUTION DURING SUPERVISED RE- (b) CRIME VICTIMS NOTIFICATION GRANTS.— dures issued by the Director under section LEASE.—Section 3583(d) of title 18, United Section 1404E(c) of the Victims of Crime Act 210303(a)(5); and’’. States Code, is amended in the first sentence of 1984 (42 U.S.C. 10603e(c)) is amended by SEC. 3. CONFORMING AMENDMENTS RELATING by inserting ‘‘, that the defendant make res- striking ‘‘2006, 2007, 2008, and 2009’’ and in- TO COLLECTION OF DNA IDENTI- titution in accordance with sections 3663 and serting ‘‘2017 through 2021’’. FICATION INFORMATION. 3663A, or any other statute authorizing a SEC. 4. REDUCING THE RAPE KIT BACKLOG. (a) FROM CERTAIN FEDERAL OFFENDERS.— sentence of restitution,’’ after ‘‘supervision’’. Of the amounts made available to the At- Section 3 of the DNA Analysis Backlog (b) COLLECTION OF RESTITUTION FROM DE- torney General for a DNA Analysis and ca- Elimination Act of 2000 (42 U.S.C. 14135a) is FENDANT’S ESTATE.—Section 3613(b) of title pacity enhancement program and for other amended— 18, United States Code, is amended by adding local, State, and Federal forensic activities at the end the following: ‘‘The liability to (1) in subsection (b), by adding at the end under the heading ‘‘STATE AND LOCAL LAW EN- pay restitution shall terminate on the date the following: ‘‘The Director of the Federal FORCEMENT’’ under the heading ‘‘OFFICE OF that is the later of 20 years from the entry of Bureau of Investigation may waive the re- JUSTICE PROGRAMS’’ under the heading ‘‘DE- quirements under this subsection if DNA judgment or 20 years after the release from PARTMENT OF JUSTICE’’ in a fiscal year— samples are analyzed by means of Rapid imprisonment of the person ordered to pay (1) not less than 75 percent of such DNA instruments and the results are in- restitution. In the event of the death of the amounts shall be provided for grants for di- cluded in CODIS.’’; and person ordered to pay restitution, the indi- rect testing activities described under para- (2) in subsection (c), by adding at the end vidual’s estate will be held responsible for graphs (1), (2), and (3) of section 2(a) of the the following: any unpaid balance of the restitution DNA Analysis Backlog Elimination Act of ‘‘(3) The term ‘Rapid DNA instruments’ amount, and the lien provided in subsection 2000 (42 U.S.C. 14135(a)); and means instrumentation that carries out a (c) of this section shall continue until the es- (2) not less than 5 percent of such amounts fully automated process to derive a DNA tate receives a written release of that liabil- shall be provided for grants for law enforce- analysis from a DNA sample.’’. ity.’’. ment agencies to conduct audits of their (b) FROM CERTAIN DISTRICT OF COLUMBIA (c) VICTIM INTERPRETERS.—Rule 28 of the backlogged rape kits, including through the OFFENDERS.—Section 4 of the DNA Analysis Federal Rules of Criminal Procedure is creation of a tracking system, under section Backlog Elimination Act of 2000 (42 U.S.C. amended in the first sentence by inserting 2(a)(7) of the DNA Analysis Backlog Elimi- 14135b) is amended— before the period at the end the following: ‘‘, nation Act of 2000 (42 U.S.C. 14135(a)(7)), and (1) in subsection (b), by adding at the end including an interpreter for the victim’’. to prioritize testing in those cases in which the following: ‘‘The Director of the Federal (d) GAO STUDY.— the statute of limitation will soon expire. Bureau of Investigation may waive the re- (1) IN GENERAL.—Not later than 180 days after quirements under this subsection if DNA the date of enactment of this Act, the Comp- SEC. 5. SEXUAL ASSAULT NURSE EXAMINERS. samples are analyzed by means of Rapid troller General of the United States shall— Section 304 of the DNA Sexual Assault Jus- DNA instruments and the results are in- (A) conduct a study to determine whether en- tice Act of 2004 (42 U.S.C. 14136a) is amend- cluded in CODIS.’’; and hancing the restitution provisions under sec- ed— (2) in subsection (c), by adding at the end tions 3663 and 3663A of title 18, United States (1) by redesignating subsection (c) as sub- the following: Code, to provide courts broader authority to section (d); and ‘‘(3) The term ‘Rapid DNA instruments’ award restitution for Federal offenses would be (2) by inserting after subsection (b) the fol- means instrumentation that carries out a beneficial to crime victims and what other fac- lowing: fully automated process to derive a DNA tors Congress should consider in weighing such ‘‘(c) PREFERENCE.— analysis from a DNA sample.’’. changes; and ‘‘(1) IN GENERAL.—In reviewing applica- tions submitted in accordance with a pro- f (B) submit to Congress a report on the study conducted under subparagraph (A). gram authorized, in whole or in part, by this JUSTICE FOR ALL (2) CONTENTS.—In conducting the study under section, the Attorney General shall give REAUTHORIZATION ACT OF 2016 paragraph (1), the Comptroller General shall preference to any eligible entity that cer- Mr. CORNYN. Mr. President, I ask focus on the benefits to crime victims that would tifies that the entity will use the grant funds result if the restitution provisions under sections to— unanimous consent that the Senate 3663 and 3663A of title 18, United States Code, ‘‘(A) operate or expand forensic nurse ex- proceed to the immediate consider- were expanded— aminer programs in a rural area or for an un- ation of Calendar No. 463, S. 2577. (A) to apply to victims who have suffered derserved population, as those terms are de- The PRESIDING OFFICER. The harm, injury, or loss that would not have oc- fined in section 4002 of the Violence Against clerk will report the bill by title. curred but for the defendant’s related conduct; Women Act of 1994 (42 U.S.C. 13925);

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‘‘(B) hire full-time forensic nurse exam- tification under clause (i) may be submitted ‘‘(iii) EMERGENCY ASSURANCES.— iners to conduct activities under subsection in future years, which includes— ‘‘(I) REQUEST.—Notwithstanding clause (ii), (a); or ‘‘(I) a commitment that not less than 5 during the 2-year period beginning 6 years ‘‘(C) sustain or establish a training pro- percent of such amount shall be used for this after the date of enactment of the Justice for gram for forensic nurse examiners. purpose; or All Reauthorization Act of 2016, a chief exec- ‘‘(2) DIRECTIVE TO THE ATTORNEY GEN- ‘‘(II) a request that the Attorney General utive officer of a State who certifies that the ERAL.—Not later than 120 days after the date hold 5 percent of such amount in abeyance State has audited not less than 90 percent of of enactment of the Justice for All Reau- pursuant to the requirements of subpara- prisons under the operational control of the thorization Act of 2016, the Attorney General graph (E). executive branch of the State may request shall coordinate with the Secretary of ‘‘(B) RULES FOR CERTIFICATION.— that the Attorney General allow the chief Health and Human Services to inform Feder- ‘‘(i) IN GENERAL.—A chief executive officer executive officer to submit an emergency as- ally Qualified Health Centers, Community of a State who submits a certification under surance in accordance with subparagraph Health Centers, hospitals, colleges and uni- this paragraph shall also provide the Attor- (A)(ii) as in effect on the day before the date versities, and other appropriate health-re- ney General with— on which that subparagraph ceased to have lated entities about the role of forensic ‘‘(I) a list of the prisons under the oper- effect under clause (ii) of this subparagraph. nurses and existing resources available with- ational control of the executive branch of ‘‘(II) GRANT OF REQUEST.—The Attorney in the Department of Justice and the Depart- the State; General shall grant a request submitted ment of Health and Human Services to train ‘‘(II) a list of the prisons listed under sub- under subclause (I) within 60 days upon a or employ forensic nurses to address the clause (I) that were audited during the most showing of good cause. needs of communities dealing with sexual as- recently concluded audit year; ‘‘(E) DISPOSITION OF FUNDS HELD IN ABEY- sault, domestic violence, and elder abuse. ‘‘(III) all final audit reports for prisons ANCE.— The Attorney General shall collaborate on listed under subclause (I) that were com- ‘‘(i) IN GENERAL.—If the chief executive of- this effort with nongovernmental organiza- pleted during the most recently concluded ficer of a State who has submitted an assur- tions representing forensic nurses.’’. audit year; and ance under subparagraph (A)(ii)(II) subse- ‘‘(IV) a proposed schedule for completing quently submits a certification under sub- SEC. 6. PROTECTING THE VIOLENCE AGAINST WOMEN ACT. an audit of all the prisons listed under sub- paragraph (A)(i) during the 3-year period be- clause (I) during the following 3 audit years. ginning on the date of enactment of the Jus- Section 8(e)(1)(A) of the Prison Rape Elimi- ‘‘(ii) AUDIT APPEAL EXCEPTION.—Beginning tice for All Reauthorization Act of 2016, the nation Act of 2003 (42 U.S.C. 15607(e)(1)(A)) is on the date that is 3 years after the date of Attorney General will release all funds held amended— enactment of the Justice for All Reauthor- in abeyance under subparagraph (A)(ii)(II) to (1) in clause (i), by striking ‘‘and’’ at the ization Act of 2016, a chief executive officer be used by the State in accordance with the end; of a State may submit a certification that conditions of the grant program for which (2) in clause (ii), by striking the period and the State is in full compliance pursuant to the funds were provided. inserting ‘‘; and’’; and subparagraph (A)(i) even if a prison under ‘‘(ii) RELEASE OF FUNDS.—If the chief exec- (3) by inserting at the end the following: the operational control of the executive utive officer of a State who has submitted an ‘‘(iii) the program is not administered by branch of the State has an audit appeal assurance under subparagraph (A)(ii)(II) is the Office on Violence Against Women of the pending. unable to submit a certification during the 3- Department of Justice.’’. ‘‘(C) RULES FOR ASSURANCES.— year period beginning on the date of enact- SEC. 7. CLARIFICATION OF VIOLENCE AGAINST ‘‘(i) IN GENERAL.—A chief executive officer ment of the Justice for All Reauthorization WOMEN ACT HOUSING PROTEC- of a State who submits an assurance under Act of 2016, but does assure the Attorney TIONS. subparagraph (A)(ii) shall also provide the General that 2⁄3 of prisons under the oper- Section 41411(b)(3)(B)(ii) of the Violence Attorney General with— ational control of the executive branch of Against Women Act of 1994 (42 U.S.C. 14043e– ‘‘(I) a list of the prisons under the oper- the State have been audited at least once, 11(b)(3)(B)(ii)) is amended— ational control of the executive branch of the Attorney General shall release all of the (1) in the first sentence, by inserting ‘‘or the State; funds of the State held in abeyance to be resident’’ after ‘‘any remaining tenant’’; and ‘‘(II) a list of the prisons listed under sub- used in adopting and achieving full compli- (2) in the second sentence, by inserting ‘‘or clause (I) that were audited during the most ance with the national standards, if the resident’’ after ‘‘tenant’’ each place it ap- recently concluded audit year; State agrees to comply with the applicable pears. ‘‘(III) an explanation of any barriers the requirements in clauses (ii) and (iii) of sub- SEC. 8. STRENGTHENING THE PRISON RAPE State faces to completing required audits; paragraph (C). ELIMINATION ACT. ‘‘(IV) all final audit reports for prisons list- ‘‘(iii) REDISTRIBUTION OF FUNDS.—If the The Prison Rape Elimination Act of 2003 ed under subclause (I) that were completed chief executive officer of a State who has (42 U.S.C. 15601 et seq.) is amended— during the most recently concluded audit submitted an assurance under subparagraph (1) in section 6(d)(2) (42 U.S.C. 15605(d)(2)), year; (A)(ii)(II) is unable to submit a certification by striking subparagraph (A) and inserting ‘‘(V) a proposed schedule for completing an during the 3-year period beginning on the the following: audit of all prisons under the operational date of enactment of the Justice for All Re- ‘‘(A)(i) include the certification of the control of the executive branch of the State authorization Act of 2016 and does not assure chief executive that the State receiving such during the following 3 audit years; and the Attorney General that 2⁄3 of prisons grant has adopted all national prison rape ‘‘(VI) an explanation of the State’s current under the operational control of the execu- standards that, as of the date on which the degree of implementation of the national tive branch of the State have been audited at application was submitted, have been pro- standards. least once, the Attorney General shall redis- mulgated under this Act; or ‘‘(ii) ADDITIONAL REQUIREMENT.—A chief ex- tribute the funds of the State held in abey- ‘‘(ii) demonstrate to the Attorney General, ecutive officer of a State who submits an as- ance to other States to be used in accordance in such manner as the Attorney General surance under subparagraph (A)(ii)(I) shall, with the conditions of the grant program for shall require, that the State receiving such before receiving the applicable funds de- which the funds were provided. grant is actively working to adopt and scribed in subparagraph (A)(ii)(I), also pro- ‘‘(F) PUBLICATION OF AUDIT RESULTS.—Not achieve full compliance with the national vide the Attorney General with a proposed later than 1 year after the date of enactment prison rape standards described in clause plan for the expenditure of the funds during of the Justice for All Reauthorization Act of (i);’’; and the applicable grant period. 2016, the Attorney General shall request (2) in section 8(e) (42 U.S.C. 15607(e))— ‘‘(iii) ACCOUNTING OF FUNDS.—A chief exec- from each State, and make available on an (A) by striking paragraph (2) and inserting utive officer of a State who submits an as- appropriate Internet website, all final audit the following: surance under subparagraph (A)(ii)(I) shall, reports completed to date for prisons under ‘‘(2) ADOPTION OF NATIONAL STANDARDS.— in a manner consistent with the applicable the operational control of the executive ‘‘(A) IN GENERAL.—For each fiscal year, grant reporting requirements, submit to the branch of each State. The Attorney General any amount that a State would otherwise re- Attorney General a detailed accounting of shall update such website annually with re- ceive for prison purposes for that fiscal year how the funds described in subparagraph (A) ports received from States under subpara- under a grant program covered by this sub- were used. graphs (B)(i) and (C)(i). section shall be reduced by 5 percent, unless ‘‘(D) SUNSET OF ASSURANCE OPTION.— ‘‘(G) REPORT ON IMPLEMENTATION OF NA- the chief executive officer of the State sub- ‘‘(i) IN GENERAL.—On the date that is 3 TIONAL STANDARDS.—Not later than 2 years mits to the Attorney General proof of com- years after the date of enactment of the Jus- after the date of enactment of the Justice for pliance with this Act through— tice for All Reauthorization Act of 2016, sub- All Reauthorization Act of 2016, the Attor- ‘‘(i) a certification that the State has clause (II) of subparagraph (A)(ii) shall cease ney General shall issue a report to the Com- adopted, and is in full compliance with, the to have effect. mittee on the Judiciary of the Senate and national standards described in subsection ‘‘(ii) ADDITIONAL SUNSET.—On the date that the Committee on the Judiciary of the House (a); or is 6 years after the date of enactment of the of Representatives on the status of imple- ‘‘(ii) an assurance that the State intends to Justice for All Reauthorization Act of 2016, mentation of the national standards and the adopt and achieve full compliance with those clause (ii) of subparagraph (A) shall cease to steps the Department, in conjunction with national standards so as to ensure that a cer- have effect. the States and other key stakeholders, is

VerDate Sep 11 2014 01:09 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\A16JN6.004 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4268 CONGRESSIONAL RECORD — SENATE June 16, 2016 taking to address any unresolved implemen- (B) by redesignating paragraph (4) as para- (B) in paragraph (2), by striking ‘‘the Na- tation issues.’’; and graph (5); and tional DNA Index System (referred to in this (B) by adding at the end the following: (C) by inserting after paragraph (3) the fol- subsection as ‘NDIS’)’’ and inserting ‘‘(8) BACKGROUND CHECKS FOR AUDITORS.— lowing: ‘‘NDIS’’; and An individual seeking certification by the ‘‘(4) the progress of any unaccredited foren- (5) in subsection (g)(2)(B), by striking Department of Justice to serve as an auditor sic science service provider receiving grant ‘‘death’’. of prison compliance with the national funds toward obtaining accreditation; and’’. (b) PRESERVATION OF BIOLOGICAL EVI- standards described in subsection (a) shall, (b) AUTHORIZATION OF APPROPRIATIONS.— DENCE.—Section 3600A of title 18, United upon request, submit fingerprints in the Section 1001(a)(24) of title I of the Omnibus States Code, is amended— manner determined by the Attorney General Crime Control and Safe Streets Act of 1968 (1) in subsection (a), by striking ‘‘under a for criminal history record checks of the ap- (42 U.S.C. 3793(a)(24)) is amended— sentence of’’ and inserting ‘‘sentenced to’’; plicable State and Federal Bureau of Inves- (1) in subparagraph (H), by striking ‘‘and’’ and tigation repositories.’’. at the end; (2) in subsection (c)— SEC. 9. ADDITIONAL REAUTHORIZATIONS. (2) in subparagraph (I), by striking the pe- (A) by striking paragraphs (1) and (2); and (a) DNA RESEARCH AND DEVELOPMENT.— riod at the end and inserting ‘‘; and’’; and (B) by redesignating paragraphs (3), (4), Section 305(c) of the Justice for All Act of (3) by adding at the end the following: and (5) as paragraphs (1), (2), and (3), respec- 2004 (42 U.S.C. 14136b(c)) is amended by strik- ‘‘(J) $25,000,000 for each of fiscal years 2017 tively. ing ‘‘$15,000,000 for each of fiscal years 2005 through 2021.’’. SEC. 13. KIRK BLOODSWORTH POST-CONVICTION through 2009’’ and inserting ‘‘$5,000,000 for SEC. 11. IMPROVING THE QUALITY OF REP- DNA TESTING PROGRAM. each of fiscal years 2017 through 2021’’. RESENTATION IN STATE CAPITAL (a) IN GENERAL.—Section 413 of the Justice (b) FBI DNA PROGRAMS.—Section 307(a) of CASES. for All Act of 2004 (42 U.S.C. 14136 note) is the Justice for All Act of 2004 (Public Law Section 426 of the Justice for All Act of amended— 108–405; 118 Stat. 2275) is amended by striking 2004 (42 U.S.C. 14163e) is amended— (1) in the matter preceding paragraph (1), ‘‘$42,100,000 for each of fiscal years 2005 (1) in subsection (a), by striking by striking ‘‘fiscal years 2005 through 2009’’ through 2009’’ and inserting ‘‘$10,000,000 for ‘‘$75,000,000 for each of fiscal years 2005 and inserting ‘‘fiscal years 2017 through each of fiscal years 2017 through 2021’’. through 2009’’ and inserting ‘‘$30,000,000 for 2021’’; and (c) DNA IDENTIFICATION OF MISSING PER- each of fiscal years 2017 through 2021’’; and (2) by striking paragraph (2) and inserting SONS.—Section 308(c) of the Justice for All the following: Act of 2004 (42 U.S.C. 14136d(c)) is amended by (2) in subsection (b), by inserting before the period at the end the following: ‘‘, or ‘‘(2) for eligible entities that are a State or striking ‘‘fiscal years 2005 through 2009’’ and unit of local government, provide a certifi- inserting ‘‘fiscal years 2017 through 2021’’. upon a showing of good cause, and at the dis- cretion of the Attorney General, the State cation by the chief legal officer of the State SEC. 10. PAUL COVERDELL FORENSIC SCIENCES in which the eligible entity operates or the IMPROVEMENT GRANTS. may determine a fair allocation of funds across the uses described in sections 421 and chief legal officer of the jurisdiction in (a) GRANTS.—Part BB of title I of the Om- which the funds will be used for the purposes nibus Crime Control and Safe Streets Act of 422’’. of the grants, that the State or jurisdic- 1968 (42 U.S.C. 3797j) is amended— SEC. 12. POST-CONVICTION DNA TESTING. tion— (1) in section 2802(2) (42 U.S.C. 3797k(2)), by (a) IN GENERAL.—Section 3600 of title 18, ‘‘(A) provides DNA testing of specified evi- inserting after ‘‘bodies’’ the following: ‘‘and United States Code, is amended— dence under a State statute or a State or is accredited by an accrediting body that is (1) by striking ‘‘under a sentence of’’ in local rule or regulation to persons sentenced a signatory to an internationally recognized each place it appears and inserting ‘‘sen- to imprisonment or death for a State felony arrangement and that offers accreditation to tenced to’’; offense, in a manner intended to ensure a forensic science conformity assessment bod- (2) in subsection (a)— reasonable process for resolving claims of ac- ies using an accreditation standard that is (A) in paragraph (1)(B)(i), by striking tual innocence that ensures post-conviction recognized by that internationally recog- ‘‘death’’; and DNA testing in at least those cases that nized arrangement, or attests, in a manner (B) in paragraph (3)(A), by striking ‘‘and would be covered by section 3600(a) of title that is legally binding and enforceable, to the applicant did not—’’ and all that follows 18, United States Code, had they been Fed- use a portion of the grant amount to prepare through ‘‘knowingly fail to request’’ and in- eral cases and, if the results of the testing and apply for such accreditation not more serting ‘‘and the applicant did not knowingly exclude the applicant as the source of the than 2 years after the date on which a grant fail to request’’; DNA, permits the applicant to apply for is awarded under section 2801’’; (3) in subsection (b)(1)— post-conviction relief, notwithstanding any (2) in section 2803(a) (42 U.S.C. 3797l(a))— (A) in subparagraph (A), by striking ‘‘and’’ provision of law that would otherwise bar (A) in paragraph (1)— at the end; the application as untimely; and (i) by striking ‘‘Seventy-five percent’’ and (B) in subparagraph (B), by striking the pe- ‘‘(B) preserves biological evidence, as de- inserting ‘‘Eighty-five percent’’; and riod at the end and inserting ‘‘; and’’; and fined in section 3600A of title 18, United (ii) by striking ‘‘75 percent’’ and inserting (C) by adding at the end the following: States Code, under a State statute or a State ‘‘85 percent’’; ‘‘(C) order the Government to— or local rule, regulation, or practice in a (B) in paragraph (2), by striking ‘‘Twenty- ‘‘(i) prepare an inventory of the evidence manner intended to ensure that reasonable five percent’’ and inserting ‘‘Fifteen per- related to the case; and measures are taken by the State or jurisdic- cent’’; and ‘‘(ii) issue a copy of the inventory to the tion to preserve biological evidence secured (C) in paragraph (3), by striking ‘‘0.6 per- court, the applicant, and the Government.’’; in relation to the investigation or prosecu- cent’’ and inserting ‘‘1 percent’’; (4) in subsection (e)— tion of, at a minimum, murder, nonnegligent (3) in section 2804(a) (42 U.S.C. 3797m(a))— (A) by amending paragraph (1) to read as manslaughter and sexual offenses.’’. (A) in paragraph (2)— follows: (b) AUTHORIZATION OF APPROPRIATIONS.— (i) by inserting ‘‘impression evidence,’’ ‘‘(1) RESULTS.— Section 412(b) of the Justice for All Act of after ‘‘latent prints,’’; and ‘‘(A) IN GENERAL.—The results of any DNA 2004 (42 U.S.C. 14136e(b)) is amended by strik- (ii) by inserting ‘‘digital evidence, fire evi- testing ordered under this section shall be si- ing ‘‘$5,000,000 for each of fiscal years 2005 dence,’’ after ‘‘toxicology,’’; multaneously disclosed to the court, the ap- through 2009’’ and inserting ‘‘$10,000,000 for (B) in paragraph (3), by inserting ‘‘and plicant, and the Government. each of fiscal years 2017 through 2021’’. medicolegal death investigators’’ after ‘‘lab- ‘‘(B) RESULTS EXCLUDE APPLICANT.— SEC. 14. ESTABLISHMENT OF BEST PRACTICES oratory personnel’’; and ‘‘(i) IN GENERAL.—If a DNA profile is ob- FOR EVIDENCE RETENTION. (C) by inserting at the end the following: tained through testing that excludes the ap- (a) IN GENERAL.—Subtitle A of title IV of ‘‘(4) To address emerging forensic science plicant as the source and the DNA complies the Justice for All Act of 2004 (Public Law issues (such as statistics, contextual bias, with the Federal Bureau of Investigation’s 108–405; 118 Stat. 2278) is amended by adding and uncertainty of measurement) and emerg- requirements for the uploading of crime at the end the following: ing forensic science technology (such as high scene profiles to the National DNA Index ‘‘SEC. 414. ESTABLISHMENT OF BEST PRACTICES throughput automation, statistical software, System (referred to in this subsection as FOR EVIDENCE RETENTION. and new types of instrumentation). ‘NDIS’), the court shall order that the law ‘‘(a) IN GENERAL.—The Director of the Na- ‘‘(5) To educate and train forensic patholo- enforcement entity with direct or conveyed tional Institute of Justice, in consultation gists in the United States. statutory jurisdiction that has access to the with Federal, State, and local law enforce- ‘‘(6) To work with the States and units of NDIS submit the DNA profile obtained from ment agencies and government laboratories, local government to direct funding to probative biological material from crime shall— medicolegal death investigation systems to scene evidence to determine whether the ‘‘(1) establish best practices for evidence facilitate accreditation of medical examiner DNA profile matches a profile of a known in- retention to focus on the preservation of fo- and coroner offices and certification of dividual or a profile from an unsolved crime. rensic evidence; and medicolegal death investigators.’’; and ‘‘(ii) NDIS SEARCH.—The results of a search ‘‘(2) assist State, local, and tribal govern- (4) in section 2806(a) (42 U.S.C. 3797o(a))— under clause (i) shall be simultaneously dis- ments in adopting and implementing the (A) in paragraph (3), by striking ‘‘and’’ at closed to the court, the applicant, and the best practices established under paragraph the end; Government.’’; and (1).

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‘‘(b) DEADLINE.—Not later than 1 year after torney General shall begin to provide tech- (B) PROHIBITION.—The Attorney General the date of enactment of this section, the Di- nical assistance to States and local govern- shall not award a grant under any grant pro- rector of the National Institute of Justice ments, including any agent thereof with re- gram described in this Act to a nonprofit or- shall publish the best practices established sponsibility for administration of justice, re- ganization that holds money in offshore ac- under subsection (a)(1). questing support to meet the obligations es- counts for the purpose of avoiding paying the ‘‘(c) LIMITATION.—Nothing in this section tablished by the Sixth Amendment to the tax described in section 511(a) of the Internal shall be construed to require or obligate Constitution of the United States, which Revenue Code of 1986. compliance with the best practices estab- shall include— (C) DISCLOSURE.—Each nonprofit organiza- lished under subsection (a)(1).’’. ‘‘(A) public dissemination of practices, tion that is awarded a grant under a grant (b) TECHNICAL AND CONFORMING AMEND- structures, or models for the administration program described in this Act and uses the MENT.—The table of contents in section 1(b) of justice consistent with the requirements procedures prescribed in regulations to cre- of the Justice for All Act of 2004 (Public Law of the Sixth Amendment; and ate a rebuttable presumption of reasonable- 108–405; 118 Stat. 2260) is amended by insert- ‘‘(B) assistance with adopting and imple- ness for the compensation of its officers, di- ing after the item relating to section 413 the menting a system for the administration of rectors, trustees and key employees, shall following: justice consistent with the requirements of disclose to the Attorney General, in the ap- ‘‘Sec. 414. Establishment of best practices the Sixth Amendment. plication for the grant, the process for deter- for evidence retention.’’. ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— mining such compensation, including the There is authorized to be appropriated independent persons involved in reviewing SEC. 15. EFFECTIVE ADMINISTRATION OF CRIMI- and approving such compensation, the com- NAL JUSTICE. $5,000,000 for each of fiscal years 2017 through parability data used, and contemporaneous (a) SHORT TITLE.—This section may be 2021 to carry out this subsection.’’. substantiation of the deliberation and deci- cited as the ‘‘Effective Administration of (c) APPLICABILITY.—The requirement to sion. Upon request, the Attorney General Criminal Justice Act of 2015’’. submit a strategic plan under section shall make the information disclosed under (b) STRATEGIC PLANNING.—Section 502 of 501(a)(6) of title I of the Omnibus Crime Con- this subsection available for public inspec- title I of the Omnibus Crime Control and trol and Safe Streets Act of 1968, as added by tion. Safe Streets Act of 1968 (42 U.S.C. 3752) is subsection (b), shall apply to any application (7) ADMINISTRATIVE EXPENSES.—Unless oth- amended— submitted under such section 501 for a grant for any fiscal year beginning after the date erwise explicitly provided in authorizing leg- (1) by inserting ‘‘(a) IN GENERAL.—’’ before islation, not more than 7.5 percent of the ‘‘To request a grant’’; and that is 1 year after the date of enactment of this Act. amounts authorized to be appropriated under (2) by adding at the end the following: this Act may be used by the Attorney Gen- ‘‘(6) A comprehensive Statewide plan de- SEC. 16. OVERSIGHT AND ACCOUNTABILITY. eral for salaries and administrative expenses tailing how grants received under this sec- All grants awarded by the Department of of the Department of Justice. tion will be used to improve the administra- Justice that are authorized under this Act (8) CONFERENCE EXPENDITURES.— tion of the criminal justice system, which shall be subject to the following: (A) LIMITATION.—No amounts authorized to shall— (1) AUDIT REQUIREMENT.—Beginning in fis- be appropriated to the Department of Justice ‘‘(A) be designed in consultation with local cal year 2016, and each fiscal year thereafter, under this Act may be used by the Attorney governments, and representatives of all seg- the Inspector General of the Department of General or by any individual or organization ments of the criminal justice system, includ- Justice shall conduct audits of recipients of awarded discretionary funds through a coop- ing judges, prosecutors, law enforcement per- grants under this Act to prevent waste, erative agreement under this Act, to host or sonnel, corrections personnel, and providers fraud, and abuse of funds by grantees. The support any expenditure for conferences that of indigent defense services, victim services, Inspector General shall determine the appro- uses more than $20,000 in Department funds, juvenile justice delinquency prevention pro- priate number of grantees to be audited each unless the Deputy Attorney General or the grams, community corrections, and reentry year. appropriate Assistant Attorney General, Di- services; (2) MANDATORY EXCLUSION.—A recipient of rector, or principal deputy as the Deputy At- ‘‘(B) include a description of how the State grant funds under this Act that is found to torney General may designate, provides prior will allocate funding within and among each have an unresolved audit finding shall not be written authorization that the funds may be of the uses described in subparagraphs (A) eligible to receive grant funds under this Act expended to host a conference. through (G) of section 501(a)(1); during the 2 fiscal years beginning after the (B) WRITTEN APPROVAL.—Written approval ‘‘(C) describe the process used by the State 12-month period described in paragraph (5). under subparagraph (A) shall include a writ- for gathering evidence-based data and devel- (3) PRIORITY.—In awarding grants under ten estimate of all costs associated with the oping and using evidence-based and evidence- this Act, the Attorney General shall give pri- conference, including the cost of all food and gathering approaches in support of funding ority to eligible entities that, during the 3 beverages, audio/visual equipment, honoraria decisions; fiscal years before submitting an application for speakers, and any entertainment. ‘‘(D) describe the barriers at the State and for a grant under this Act, did not have an (C) REPORT.—The Deputy Attorney General local level for accessing data and imple- unresolved audit finding showing a violation shall submit an annual report to the Com- menting evidence-based approaches to pre- in the terms or conditions of a Department mittee on the Judiciary of the Senate and venting and reducing crime and recidivism; of Justice grant program. the Committee on the Judiciary of the House and (4) REIMBURSEMENT.—If an entity is award- of Representatives on all conference expendi- ‘‘(E) be updated every 5 years, with annual ed grant funds under this Act during the 2- tures approved by operation of this para- progress reports that— fiscal-year period in which the entity is graph. ‘‘(i) address changing circumstances in the barred from receiving grants under para- (9) PROHIBITION ON LOBBYING ACTIVITY.— State, if any; graph (2), the Attorney General shall— (A) IN GENERAL.—Amounts authorized to be ‘‘(ii) describe how the State plans to adjust (A) deposit an amount equal to the grant appropriated under this Act may not be uti- funding within and among each of the uses funds that were improperly awarded to the lized by any grant recipient to— described in subparagraphs (A) through (G) grantee into the General Fund of the Treas- (i) lobby any representative of the Depart- of section 501(a)(1); ury; and ment of Justice regarding the award of grant ‘‘(iii) provide an ongoing assessment of (B) seek to recoup the costs of the repay- funding; or need; ment to the fund from the grant recipient (ii) lobby any representative of a Federal, ‘‘(iv) discuss the accomplishment of goals that was erroneously awarded grant funds. State, local, or tribal government regarding identified in any plan previously prepared (5) DEFINED TERM.—In this section, the the award of grant funding. under this paragraph; and term ‘‘unresolved audit finding’’ means an (B) PENALTY.—If the Attorney General de- ‘‘(v) reflect how the plan influenced fund- audit report finding in the final audit report termines that any recipient of a grant under ing decisions in the previous year. of the Inspector General of the Department this Act has violated subparagraph (A), the ‘‘(b) TECHNICAL ASSISTANCE.— of Justice that the grantee has utilized grant Attorney General shall— ‘‘(1) STRATEGIC PLANNING.—Not later than funds for an unauthorized expenditure or (i) require the grant recipient to repay the 90 days after the date of enactment of this otherwise unallowable cost that is not closed grant in full; and subsection, the Attorney General shall begin or resolved within a 12-month period begin- (ii) prohibit the grant recipient from re- to provide technical assistance to States and ning on the date when the final audit report ceiving another grant under this Act for not local governments requesting support to de- is issued. less than 5 years. velop and implement the strategic plan re- (6) NONPROFIT ORGANIZATION REQUIRE- SEC. 17. NEEDS ASSESSMENT OF FORENSIC LAB- quired under subsection (a)(6). The Attorney MENTS.— ORATORIES. General may enter into agreements with 1 or (A) DEFINITION.—For purposes of this sec- (a) STUDY AND REPORT.—Not later than Oc- more non-governmental organizations to provide tion and the grant programs described in tober 1, 2018, the Attorney General shall con- technical assistance and training under this this Act, the term ‘‘nonprofit organization’’ duct a study and submit a report to the Com- paragraph. means an organization that is described in mittee on the Judiciary of the Senate and ‘‘(2) PROTECTION OF CONSTITUTIONAL section 501(c)(3) of the Internal Revenue Code the Committee on the Judiciary of the House RIGHTS.—Not later than 90 days after the of 1986 and is exempt from taxation under of Representatives on the status and needs of date of enactment of this subsection, the At- section 501(a) of such Code. the forensic science community.

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(b) REQUIREMENTS.—The report required ‘‘(1) REPORT.—Not later than 1 year after the FORCEMENT’’ under the heading ‘‘OFFICE OF under subsection (a) shall— date of enactment of this subsection, the Comp- JUSTICE PROGRAMS’’ under the heading ‘‘DE- (1) examine the status of current workload, troller General of the United States shall pre- PARTMENT OF JUSTICE’’, the Attorney backlog, personnel, equipment, and equip- pare and submit to the Committee on the Judici- General shall require recipients of the ment needs of public crime laboratories and ary of the House of Representatives and the amounts to report on the effectiveness of the medical examiner and coroner offices; Committee on the Judiciary of the Senate a re- activities carried out using the amounts, in- (2) include an overview of academic foren- port on restitution sought by the Attorney Gen- cluding any information the Attorney Gen- sic science resources and needs, from a broad eral under sections 3663 and 3663A during the 3- eral needs in order to submit the report re- forensic science perspective, including non- year period preceding the report. quired under paragraph (2). traditional crime laboratory disciplines such ‘‘(2) CONTENTS.—The report required under (2) REPORT TO CONGRESS.—Not later than 1 as forensic anthropology, forensic ento- paragraph (1) shall include statistically valid month after the last day of each even-num- mology, and others as determined appro- estimates of— bered fiscal year, the Attorney General shall priate by the Attorney General; ‘‘(A) the number of cases in which a defend- submit to the Committee on the Judiciary of (3) consider— ant was convicted and the Attorney General the Senate and the Committee on the Judici- (A) the National Institute of Justice study, could seek restitution under this title; ary of the House of Representatives a report Forensic Sciences: Review of Status and ‘‘(B) the number of cases in which the Attor- that includes, for each recipient of amounts Needs, published in 1999; ney General sought restitution; described in paragraph (1)— (B) the Bureau of Justice Statistics census ‘‘(C) of the cases in which the Attorney Gen- (A) the amounts distributed to the recipi- reports on Publicly Funded Forensic Crime eral sought restitution, the number of times res- ent; Laboratories, published in 2002, 2005, 2009, titution was ordered by the district courts of the (B) a summary of the purposes for which and 2014; United States; the amounts were used and an evaluation of (C) the National Academy of Sciences re- ‘‘(D) the amount of restitution ordered by the the progress of the recipient in achieving port, Strengthening Forensic Science: A district courts of the United States; those purposes; Path Forward, published in 2009; and ‘‘(E) the amount of restitution collected pur- (C) a statistical summary of the crime (D) the Bureau of Justice Statistics survey suant to the restitution orders described in sub- scene samples and arrestee or offender sam- of forensic providers recommended by the paragraph (D); ples submitted to laboratories, the average National Commission of Forensic Science ‘‘(F) the percentage of restitution orders for time between the submission of a sample to and approved by the Attorney General on which the full amount of restitution has not a laboratory and the testing of the sample, September 8, 2014; been collected; and and the percentage of the amounts that were (4) provide Congress with a comprehensive ‘‘(G) any other measurement the Comptroller paid to private laboratories; and view of the infrastructure, equipment, and General determines would assist in evaluating (D) an evaluation of the effectiveness of personnel needs of the broad forensic science how to improve the restitution process in Fed- the grant amounts in increasing capacity community; and eral criminal cases. and reducing backlogs. On page 37, between lines 21 and 22, insert (5) be made available to the public. ‘‘(3) RECOMMENDATIONS.—The report required the following: øSEC. 18. SENSE OF CONGRESS. under paragraph (1) shall include recommenda- (10) PREVENTING DUPLICATIVE GRANTS.— tions on the best practices for— It is the sense of Congress that— (A) IN GENERAL.—Before the Attorney Gen- ‘‘(A) requesting restitution in cases in which (1) the authority of the Director of the Of- eral awards a grant to an applicant under restitution may be sought under sections 3663 fice of Victims of Crime under section 1404 of this Act, the Attorney General shall com- and 3663A; the Victims of Crime Act of 1984 (42 U.S.C. pare potential grant awards with other ‘‘(B) obtaining restitution orders from the dis- 10603) includes funding ongoing projects that grants awarded under this Act to determine trict courts of the United States; and provide services to victims of crime on a na- whether duplicate grants are awarded for the ‘‘(C) collecting restitution ordered by the dis- tionwide basis or Americans abroad who are same purpose. trict courts of the United States. victims of crimes committed outside of the (B) REPORT.—If the Attorney General ‘‘(4) REPORT.—Not later than 3 years after United States; and awards duplicate grants to the same appli- date on which the report required under para- (2) the proposed rule entitled ‘‘VOCA Vic- cant for the same purpose, the Attorney Gen- graph (1) is submitted, the Comptroller General tim Assistance Program’’ published by the eral shall submit to the Committee on the of the United States shall prepare and submit to Office of Victims of Crime of the Department Judiciary of the Senate and the Committee the Committee on the Judiciary of the House of of Justice in the Federal Register on August on the Judiciary of the House of Representa- Representatives and the Committee on the Judi- 27, 2013 (78 Fed. Reg. 52877), is consistent with tives a report that includes— ciary of the Senate a report on the implementa- section 1404 of the Victims of Crime Act of (i) a list of all duplicate grants awarded, ¿ tion by the Attorney General of the best prac- 1984 (42 U.S.C. 10603). including the total dollar amount of any du- tices recommended under paragraph (3).’’. SEC. 18. CRIME VICTIM ASSISTANCE. plicate grants awarded; and (a) AMENDMENT.—Section 1404(c)(1)(A) of the Mr. CORNYN. Mr. President, I ask (ii) the reason the Attorney General Victims of Crime Act of 1984 (42 U.S.C. unanimous consent that the com- awarded the duplicate grants. 10603(c)(1)(A)) is amended by inserting ‘‘victim mittee-reported amendments be agreed On page 40, line 25, strike ‘‘sections 3663 services,’’ before ‘‘demonstration projects’’. to, the Grassley amendment be agreed and 3663A’’ and insert ‘‘each provision of this (b) SENSE OF CONGRESS.—It is the sense of title and the Controlled Substances Act (21 Congress that the proposed rule entitled ‘‘VOCA to, and the bill, as amended, be read a U.S.C. 801 et seq.) that authorizes restitu- Victim Assistance Program’’ published by the third time. tion’’. Office of Victims of Crime of the Department of The PRESIDING OFFICER. Without On page 41, line 7, strike ‘‘sections 3663 and Justice in the Federal Register on August 27, objection, it is so ordered. 3663A’’ and insert ‘‘each provision of this 2013 (78 Fed. Reg. 52877), is consistent with sec- The committee-reported amendments title and the Controlled Substances Act (21 tion 1404 of the Victims of Crime Act of 1984 (42 were agreed to. U.S.C. 801 et seq.) that authorizes restitu- U.S.C. 10603). tion’’. The amendment (No. 4727) was agreed On page 41, line 15, strike ‘‘sections 3663 SEC. 19. IMPROVING THE RESTITUTION PROCESS. to, as follows: Section 3612 of title 18, United States Code, is and 3663A’’ and insert ‘‘each provision of this title and the Controlled Substances Act (21 amended by adding at the end the following: (Purpose: To require the Attorney General to U.S.C. 801 et seq.) that authorizes restitu- ‘‘(j) EVALUATION OF OFFICES OF THE UNITED evaluate the performance of the Depart- ment of Justice in seeking and recovering tion’’. STATES ATTORNEY AND DEPARTMENT COMPO- On page 41, line 22, insert ‘‘or the Con- NENTS.— restitution for victims under all Federal restitution provisions, to require recipi- trolled Substances Act (21 U.S.C. 801 et ‘‘(1) IN GENERAL.—The Attorney General seq.)’’ after ‘‘this title’’. shall, as part of the regular evaluation process, ents of DNA backlog capacity and enhance- ment grants to report on how the actually On page 42, lines 21 and 22, strike ‘‘sections evaluate each office of the United States attor- 3663 and 3663A’’ and insert ‘‘each provision of ney and each component of the Department of used their grant funds, and to prevent du- plicative grants) this title and the Controlled Substances Act Justice on the performance of the office or the (21 U.S.C. 801 et seq.) that authorizes restitu- component, as the case may be, in seeking and On page 6, line 2, strike ‘‘Of the amounts’’ tion’’. recovering restitution for victims under sections and insert ‘‘(a) IN GENERAL.—Of the On page 43, line 3, insert ‘‘the’’ before 3663 and 3663A. amounts’’. ‘‘date’’. ‘‘(2) REQUIREMENT.—Following an evaluation On page 6, between lines 21 and 22, insert The bill was engrossed for a third the following: under paragraph (1), each office of the United reading and was read the third time. (b) REPORTING.— States attorney and each component of the De- Mr. CORNYN. Mr. President, I know partment of Justice shall work to improve the (1) REPORT BY GRANT RECIPIENTS.—With re- practices of the office or component, as the case spect to amounts made available to the At- of no further debate on this measure. may be, with respect to seeking and recovering torney General for a DNA Analysis and ca- The PRESIDING OFFICER. Hearing restitution for victims under sections 3663 and pacity enhancement program and for other no further debate, the bill having been 3663A. local, State, and Federal forensic activities read the third time, the question is, ‘‘(k) GAO REPORTS.— under the heading ‘‘STATE AND LOCAL LAW EN- Shall it pass?

VerDate Sep 11 2014 02:02 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\A16JN6.004 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 16, 2016 CONGRESSIONAL RECORD — SENATE S4271 The bill (S. 2577), as amended, was (2) in paragraph (2), by striking ‘‘2006, 2007, (2) by inserting after subsection (b) the fol- passed, as follows: 2008, and 2009’’ and inserting ‘‘2017 through lowing: S. 2577 2021’’; ‘‘(c) PREFERENCE.— (3) in paragraph (3), by striking ‘‘2006, 2007, ‘‘(1) IN GENERAL.—In reviewing applica- Be it enacted by the Senate and House of Rep- 2008, and 2009’’ and inserting ‘‘2017 through tions submitted in accordance with a pro- resentatives of the United States of America in 2021’’; gram authorized, in whole or in part, by this Congress assembled, (4) in paragraph (4), by striking ‘‘2006, 2007, section, the Attorney General shall give SECTION 1. SHORT TITLE. 2008, and 2009’’ and inserting ‘‘2017 through preference to any eligible entity that cer- This Act may be cited as the ‘‘Justice for 2021’’; and tifies that the entity will use the grant funds All Reauthorization Act of 2016’’. (5) in paragraph (5), by striking ‘‘2006, 2007, to— SEC. 2. CRIME VICTIMS’ RIGHTS. 2008, and 2009’’ and inserting ‘‘2017 through ‘‘(A) operate or expand forensic nurse ex- (a) RESTITUTION DURING SUPERVISED RE- 2021’’. aminer programs in a rural area or for an un- LEASE.—Section 3583(d) of title 18, United (b) CRIME VICTIMS NOTIFICATION GRANTS.— derserved population, as those terms are de- States Code, is amended in the first sentence Section 1404E(c) of the Victims of Crime Act fined in section 4002 of the Violence Against by inserting ‘‘, that the defendant make res- of 1984 (42 U.S.C. 10603e(c)) is amended by Women Act of 1994 (42 U.S.C. 13925); titution in accordance with sections 3663 and striking ‘‘2006, 2007, 2008, and 2009’’ and in- 3663A, or any other statute authorizing a ‘‘(B) hire full-time forensic nurse exam- serting ‘‘2017 through 2021’’. iners to conduct activities under subsection sentence of restitution,’’ after ‘‘supervision’’. SEC. 4. REDUCING THE RAPE KIT BACKLOG. (b) COLLECTION OF RESTITUTION FROM DE- (a); or (a) IN GENERAL.—Of the amounts made ‘‘(C) sustain or establish a training pro- FENDANT’S ESTATE.—Section 3613(b) of title available to the Attorney General for a DNA 18, United States Code, is amended by adding gram for forensic nurse examiners. Analysis and capacity enhancement program ‘‘(2) DIRECTIVE TO THE ATTORNEY GEN- at the end the following: ‘‘The liability to and for other local, State, and Federal foren- pay restitution shall terminate on the date ERAL.—Not later than 120 days after the date sic activities under the heading ‘‘STATE AND that is the later of 20 years from the entry of of enactment of the Justice for All Reau- LOCAL LAW ENFORCEMENT’’ under the heading judgment or 20 years after the release from thorization Act of 2016, the Attorney General ‘‘OFFICE OF JUSTICE PROGRAMS’’ under the shall coordinate with the Secretary of imprisonment of the person ordered to pay heading ‘‘DEPARTMENT OF JUSTICE’’ in a Health and Human Services to inform Feder- restitution. In the event of the death of the fiscal year— ally Qualified Health Centers, Community person ordered to pay restitution, the indi- (1) not less than 75 percent of such Health Centers, hospitals, colleges and uni- vidual’s estate will be held responsible for amounts shall be provided for grants for di- any unpaid balance of the restitution versities, and other appropriate health-re- rect testing activities described under para- amount, and the lien provided in subsection lated entities about the role of forensic graphs (1), (2), and (3) of section 2(a) of the (c) of this section shall continue until the es- nurses and existing resources available with- DNA Analysis Backlog Elimination Act of tate receives a written release of that liabil- 2000 (42 U.S.C. 14135(a)); and in the Department of Justice and the Depart- ity.’’. (2) not less than 5 percent of such amounts ment of Health and Human Services to train (c) VICTIM INTERPRETERS.—Rule 28 of the shall be provided for grants for law enforce- or employ forensic nurses to address the Federal Rules of Criminal Procedure is needs of communities dealing with sexual as- amended in the first sentence by inserting ment agencies to conduct audits of their backlogged rape kits, including through the sault, domestic violence, and elder abuse. before the period at the end the following: ‘‘, The Attorney General shall collaborate on including an interpreter for the victim’’. creation of a tracking system, under section 2(a)(7) of the DNA Analysis Backlog Elimi- this effort with nongovernmental organiza- (d) GAO STUDY.— tions representing forensic nurses.’’. (1) IN GENERAL.—Not later than 180 days nation Act of 2000 (42 U.S.C. 14135(a)(7)), and after the date of enactment of this Act, the to prioritize testing in those cases in which SEC. 6. PROTECTING THE VIOLENCE AGAINST WOMEN ACT. Comptroller General of the United States the statute of limitation will soon expire. Section 8(e)(1)(A) of the Prison Rape Elimi- shall— (b) REPORTING.— nation Act of 2003 (42 U.S.C. 15607(e)(1)(A)) is (A) conduct a study to determine whether (1) REPORT BY GRANT RECIPIENTS.—With re- enhancing the restitution provisions under spect to amounts made available to the At- amended— sections 3663 and 3663A of title 18, United torney General for a DNA Analysis and ca- (1) in clause (i), by striking ‘‘and’’ at the States Code, to provide courts broader au- pacity enhancement program and for other end; thority to award restitution for Federal of- local, State, and Federal forensic activities (2) in clause (ii), by striking the period and fenses would be beneficial to crime victims under the heading ‘‘STATE AND LOCAL LAW EN- inserting ‘‘; and’’; and and what other factors Congress should con- FORCEMENT’’ under the heading ‘‘OFFICE OF (3) by inserting at the end the following: sider in weighing such changes; and JUSTICE PROGRAMS’’ under the heading ‘‘DE- ‘‘(iii) the program is not administered by (B) submit to Congress a report on the PARTMENT OF JUSTICE’’, the Attorney the Office on Violence Against Women of the study conducted under subparagraph (A). General shall require recipients of the Department of Justice.’’. (2) CONTENTS.—In conducting the study amounts to report on the effectiveness of the SEC. 7. CLARIFICATION OF VIOLENCE AGAINST under paragraph (1), the Comptroller General activities carried out using the amounts, in- WOMEN ACT HOUSING PROTEC- shall focus on the benefits to crime victims cluding any information the Attorney Gen- TIONS. that would result if the restitution provi- eral needs in order to submit the report re- Section 41411(b)(3)(B)(ii) of the Violence sions under sections 3663 and 3663A of title quired under paragraph (2). Against Women Act of 1994 (42 U.S.C. 14043e– 18, United States Code, were expanded— (2) REPORT TO CONGRESS.—Not later than 1 11(b)(3)(B)(ii)) is amended— (A) to apply to victims who have suffered month after the last day of each even-num- (1) in the first sentence, by inserting ‘‘or harm, injury, or loss that would not have oc- bered fiscal year, the Attorney General shall resident’’ after ‘‘any remaining tenant’’; and curred but for the defendant’s related con- submit to the Committee on the Judiciary of (2) in the second sentence, by inserting ‘‘or duct; the Senate and the Committee on the Judici- resident’’ after ‘‘tenant’’ each place it ap- (B) in the case of an offense resulting in ary of the House of Representatives a report pears. bodily injury resulting in the victim’s death, that includes, for each recipient of amounts SEC. 8. STRENGTHENING THE PRISON RAPE to allow the court to use its discretion to described in paragraph (1)— ELIMINATION ACT. award an appropriate sum to reflect the in- (A) the amounts distributed to the recipi- The Prison Rape Elimination Act of 2003 come lost by the victim’s surviving family ent; (42 U.S.C. 15601 et seq.) is amended— members or estate as a result of the victim’s (B) a summary of the purposes for which (1) in section 6(d)(2) (42 U.S.C. 15605(d)(2)), death; the amounts were used and an evaluation of by striking subparagraph (A) and inserting (C) to require that the defendant pay to the progress of the recipient in achieving the following: the victim an amount determined by the those purposes; ‘‘(A)(i) include the certification of the court to restore the victim to the position he (C) a statistical summary of the crime chief executive that the State receiving such or she would have been in had the defendant scene samples and arrestee or offender sam- grant has adopted all national prison rape not committed the offense; and ples submitted to laboratories, the average standards that, as of the date on which the (D) to require that the defendant com- time between the submission of a sample to application was submitted, have been pro- pensate the victim for any injury, harm, or a laboratory and the testing of the sample, mulgated under this Act; or loss, including emotional distress, that oc- and the percentage of the amounts that were ‘‘(ii) demonstrate to the Attorney General, curred as a result of the offense. paid to private laboratories; and in such manner as the Attorney General SEC. 3. AUTHORIZATION OF APPROPRIATIONS (D) an evaluation of the effectiveness of shall require, that the State receiving such FOR GRANTS FOR CRIME VICTIMS. the grant amounts in increasing capacity grant is actively working to adopt and (a) CRIME VICTIMS LEGAL ASSISTANCE and reducing backlogs. achieve full compliance with the national GRANTS.—Section 103(b) of the Justice for SEC. 5. SEXUAL ASSAULT NURSE EXAMINERS. prison rape standards described in clause All Act of 2004 (Public Law 108–405; 118 Stat. Section 304 of the DNA Sexual Assault Jus- (i);’’; and 2264) is amended— tice Act of 2004 (42 U.S.C. 14136a) is amend- (2) in section 8(e) (42 U.S.C. 15607(e))— (1) in paragraph (1), by striking ‘‘2006, 2007, ed— (A) by striking paragraph (2) and inserting 2008, and 2009’’ and inserting ‘‘2017 through (1) by redesignating subsection (c) as sub- the following: 2021’’; section (d); and ‘‘(2) ADOPTION OF NATIONAL STANDARDS.—

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‘‘(A) IN GENERAL.—For each fiscal year, grant reporting requirements, submit to the branch of each State. The Attorney General any amount that a State would otherwise re- Attorney General a detailed accounting of shall update such website annually with re- ceive for prison purposes for that fiscal year how the funds described in subparagraph (A) ports received from States under subpara- under a grant program covered by this sub- were used. graphs (B)(i) and (C)(i). section shall be reduced by 5 percent, unless ‘‘(D) SUNSET OF ASSURANCE OPTION.— ‘‘(G) REPORT ON IMPLEMENTATION OF NA- the chief executive officer of the State sub- ‘‘(i) IN GENERAL.—On the date that is 3 TIONAL STANDARDS.—Not later than 2 years mits to the Attorney General proof of com- years after the date of enactment of the Jus- after the date of enactment of the Justice for pliance with this Act through— tice for All Reauthorization Act of 2016, sub- All Reauthorization Act of 2016, the Attor- ‘‘(i) a certification that the State has clause (II) of subparagraph (A)(ii) shall cease ney General shall issue a report to the Com- adopted, and is in full compliance with, the to have effect. mittee on the Judiciary of the Senate and national standards described in subsection ‘‘(ii) ADDITIONAL SUNSET.—On the date that the Committee on the Judiciary of the House (a); or is 6 years after the date of enactment of the of Representatives on the status of imple- ‘‘(ii) an assurance that the State intends to Justice for All Reauthorization Act of 2016, mentation of the national standards and the adopt and achieve full compliance with those clause (ii) of subparagraph (A) shall cease to steps the Department, in conjunction with national standards so as to ensure that a cer- have effect. the States and other key stakeholders, is tification under clause (i) may be submitted ‘‘(iii) EMERGENCY ASSURANCES.— taking to address any unresolved implemen- in future years, which includes— ‘‘(I) REQUEST.—Notwithstanding clause (ii), tation issues.’’; and ‘‘(I) a commitment that not less than 5 during the 2-year period beginning 6 years (B) by adding at the end the following: percent of such amount shall be used for this after the date of enactment of the Justice for ‘‘(8) BACKGROUND CHECKS FOR AUDITORS.— purpose; or All Reauthorization Act of 2016, a chief exec- An individual seeking certification by the ‘‘(II) a request that the Attorney General utive officer of a State who certifies that the Department of Justice to serve as an auditor hold 5 percent of such amount in abeyance State has audited not less than 90 percent of of prison compliance with the national pursuant to the requirements of subpara- prisons under the operational control of the standards described in subsection (a) shall, graph (E). executive branch of the State may request upon request, submit fingerprints in the ‘‘(B) RULES FOR CERTIFICATION.— that the Attorney General allow the chief manner determined by the Attorney General ‘‘(i) IN GENERAL.—A chief executive officer executive officer to submit an emergency as- for criminal history record checks of the ap- of a State who submits a certification under surance in accordance with subparagraph plicable State and Federal Bureau of Inves- this paragraph shall also provide the Attor- (A)(ii) as in effect on the day before the date tigation repositories.’’. ney General with— on which that subparagraph ceased to have SEC. 9. ADDITIONAL REAUTHORIZATIONS. ‘‘(I) a list of the prisons under the oper- effect under clause (ii) of this subparagraph. (a) DNA RESEARCH AND DEVELOPMENT.— ational control of the executive branch of ‘‘(II) GRANT OF REQUEST.—The Attorney Section 305(c) of the Justice for All Act of the State; General shall grant a request submitted 2004 (42 U.S.C. 14136b(c)) is amended by strik- ‘‘(II) a list of the prisons listed under sub- under subclause (I) within 60 days upon a ing ‘‘$15,000,000 for each of fiscal years 2005 clause (I) that were audited during the most showing of good cause. through 2009’’ and inserting ‘‘$5,000,000 for recently concluded audit year; ‘‘(E) DISPOSITION OF FUNDS HELD IN ABEY- each of fiscal years 2017 through 2021’’. ‘‘(III) all final audit reports for prisons ANCE.— (b) FBI DNA PROGRAMS.—Section 307(a) of listed under subclause (I) that were com- ‘‘(i) IN GENERAL.—If the chief executive of- the Justice for All Act of 2004 (Public Law pleted during the most recently concluded ficer of a State who has submitted an assur- 108–405; 118 Stat. 2275) is amended by striking audit year; and ance under subparagraph (A)(ii)(II) subse- ‘‘$42,100,000 for each of fiscal years 2005 ‘‘(IV) a proposed schedule for completing quently submits a certification under sub- through 2009’’ and inserting ‘‘$10,000,000 for an audit of all the prisons listed under sub- paragraph (A)(i) during the 3-year period be- each of fiscal years 2017 through 2021’’. clause (I) during the following 3 audit years. ginning on the date of enactment of the Jus- (c) DNA IDENTIFICATION OF MISSING PER- ‘‘(ii) AUDIT APPEAL EXCEPTION.—Beginning tice for All Reauthorization Act of 2016, the SONS.—Section 308(c) of the Justice for All on the date that is 3 years after the date of Attorney General will release all funds held Act of 2004 (42 U.S.C. 14136d(c)) is amended by enactment of the Justice for All Reauthor- in abeyance under subparagraph (A)(ii)(II) to striking ‘‘fiscal years 2005 through 2009’’ and ization Act of 2016, a chief executive officer be used by the State in accordance with the inserting ‘‘fiscal years 2017 through 2021’’. of a State may submit a certification that conditions of the grant program for which SEC. 10. PAUL COVERDELL FORENSIC SCIENCES the State is in full compliance pursuant to the funds were provided. IMPROVEMENT GRANTS. subparagraph (A)(i) even if a prison under ‘‘(ii) RELEASE OF FUNDS.—If the chief exec- (a) GRANTS.—Part BB of title I of the Om- the operational control of the executive utive officer of a State who has submitted an nibus Crime Control and Safe Streets Act of branch of the State has an audit appeal assurance under subparagraph (A)(ii)(II) is 1968 (42 U.S.C. 3797j) is amended— pending. unable to submit a certification during the 3- (1) in section 2802(2) (42 U.S.C. 3797k(2)), by ‘‘(C) RULES FOR ASSURANCES.— year period beginning on the date of enact- inserting after ‘‘bodies’’ the following: ‘‘and ‘‘(i) IN GENERAL.—A chief executive officer ment of the Justice for All Reauthorization is accredited by an accrediting body that is of a State who submits an assurance under Act of 2016, but does assure the Attorney a signatory to an internationally recognized subparagraph (A)(ii) shall also provide the General that 2⁄3 of prisons under the oper- arrangement and that offers accreditation to Attorney General with— ational control of the executive branch of forensic science conformity assessment bod- ‘‘(I) a list of the prisons under the oper- the State have been audited at least once, ies using an accreditation standard that is ational control of the executive branch of the Attorney General shall release all of the recognized by that internationally recog- the State; funds of the State held in abeyance to be nized arrangement, or attests, in a manner ‘‘(II) a list of the prisons listed under sub- used in adopting and achieving full compli- that is legally binding and enforceable, to clause (I) that were audited during the most ance with the national standards, if the use a portion of the grant amount to prepare recently concluded audit year; State agrees to comply with the applicable and apply for such accreditation not more ‘‘(III) an explanation of any barriers the requirements in clauses (ii) and (iii) of sub- than 2 years after the date on which a grant State faces to completing required audits; paragraph (C). is awarded under section 2801’’; ‘‘(IV) all final audit reports for prisons list- ‘‘(iii) REDISTRIBUTION OF FUNDS.—If the (2) in section 2803(a) (42 U.S.C. 3797l(a))— ed under subclause (I) that were completed chief executive officer of a State who has (A) in paragraph (1)— during the most recently concluded audit submitted an assurance under subparagraph (i) by striking ‘‘Seventy-five percent’’ and year; (A)(ii)(II) is unable to submit a certification inserting ‘‘Eighty-five percent’’; and ‘‘(V) a proposed schedule for completing an during the 3-year period beginning on the (ii) by striking ‘‘75 percent’’ and inserting audit of all prisons under the operational date of enactment of the Justice for All Re- ‘‘85 percent’’; control of the executive branch of the State authorization Act of 2016 and does not assure (B) in paragraph (2), by striking ‘‘Twenty- during the following 3 audit years; and the Attorney General that 2⁄3 of prisons five percent’’ and inserting ‘‘Fifteen per- ‘‘(VI) an explanation of the State’s current under the operational control of the execu- cent’’; and degree of implementation of the national tive branch of the State have been audited at (C) in paragraph (3), by striking ‘‘0.6 per- standards. least once, the Attorney General shall redis- cent’’ and inserting ‘‘1 percent’’; ‘‘(ii) ADDITIONAL REQUIREMENT.—A chief ex- tribute the funds of the State held in abey- (3) in section 2804(a) (42 U.S.C. 3797m(a))— ecutive officer of a State who submits an as- ance to other States to be used in accordance (A) in paragraph (2)— surance under subparagraph (A)(ii)(I) shall, with the conditions of the grant program for (i) by inserting ‘‘impression evidence,’’ before receiving the applicable funds de- which the funds were provided. after ‘‘latent prints,’’; and scribed in subparagraph (A)(ii)(I), also pro- ‘‘(F) PUBLICATION OF AUDIT RESULTS.—Not (ii) by inserting ‘‘digital evidence, fire evi- vide the Attorney General with a proposed later than 1 year after the date of enactment dence,’’ after ‘‘toxicology,’’; plan for the expenditure of the funds during of the Justice for All Reauthorization Act of (B) in paragraph (3), by inserting ‘‘and the applicable grant period. 2016, the Attorney General shall request medicolegal death investigators’’ after ‘‘lab- ‘‘(iii) ACCOUNTING OF FUNDS.—A chief exec- from each State, and make available on an oratory personnel’’; and utive officer of a State who submits an as- appropriate Internet website, all final audit (C) by inserting at the end the following: surance under subparagraph (A)(ii)(I) shall, reports completed to date for prisons under ‘‘(4) To address emerging forensic science in a manner consistent with the applicable the operational control of the executive issues (such as statistics, contextual bias,

VerDate Sep 11 2014 01:09 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A16JN6.010 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 16, 2016 CONGRESSIONAL RECORD — SENATE S4273 and uncertainty of measurement) and emerg- requirements for the uploading of crime 108–405; 118 Stat. 2278) is amended by adding ing forensic science technology (such as high scene profiles to the National DNA Index at the end the following: throughput automation, statistical software, System (referred to in this subsection as ‘‘SEC. 414. ESTABLISHMENT OF BEST PRACTICES and new types of instrumentation). ‘NDIS’), the court shall order that the law FOR EVIDENCE RETENTION. ‘‘(5) To educate and train forensic patholo- enforcement entity with direct or conveyed ‘‘(a) IN GENERAL.—The Director of the Na- gists in the United States. statutory jurisdiction that has access to the tional Institute of Justice, in consultation ‘‘(6) To work with the States and units of NDIS submit the DNA profile obtained from with Federal, State, and local law enforce- local government to direct funding to probative biological material from crime ment agencies and government laboratories, medicolegal death investigation systems to scene evidence to determine whether the shall— facilitate accreditation of medical examiner DNA profile matches a profile of a known in- ‘‘(1) establish best practices for evidence and coroner offices and certification of dividual or a profile from an unsolved crime. retention to focus on the preservation of fo- medicolegal death investigators.’’; and ‘‘(ii) NDIS SEARCH.—The results of a search rensic evidence; and (4) in section 2806(a) (42 U.S.C. 3797o(a))— under clause (i) shall be simultaneously dis- ‘‘(2) assist State, local, and tribal govern- (A) in paragraph (3), by striking ‘‘and’’ at closed to the court, the applicant, and the ments in adopting and implementing the the end; Government.’’; and best practices established under paragraph (B) by redesignating paragraph (4) as para- (B) in paragraph (2), by striking ‘‘the Na- (1). graph (5); and tional DNA Index System (referred to in this ‘‘(b) DEADLINE.—Not later than 1 year after (C) by inserting after paragraph (3) the fol- subsection as ‘NDIS’)’’ and inserting the date of enactment of this section, the Di- lowing: ‘‘NDIS’’; and rector of the National Institute of Justice ‘‘(4) the progress of any unaccredited foren- (5) in subsection (g)(2)(B), by striking shall publish the best practices established sic science service provider receiving grant ‘‘death’’. under subsection (a)(1). ‘‘(c) LIMITATION.—Nothing in this section funds toward obtaining accreditation; and’’. (b) PRESERVATION OF BIOLOGICAL EVI- shall be construed to require or obligate (b) AUTHORIZATION OF APPROPRIATIONS.— DENCE.—Section 3600A of title 18, United compliance with the best practices estab- Section 1001(a)(24) of title I of the Omnibus States Code, is amended— lished under subsection (a)(1).’’. Crime Control and Safe Streets Act of 1968 (1) in subsection (a), by striking ‘‘under a (b) TECHNICAL AND CONFORMING AMEND- (42 U.S.C. 3793(a)(24)) is amended— sentence of’’ and inserting ‘‘sentenced to’’; MENT.—The table of contents in section 1(b) (1) in subparagraph (H), by striking ‘‘and’’ and of the Justice for All Act of 2004 (Public Law at the end; (2) in subsection (c)— 108–405; 118 Stat. 2260) is amended by insert- (2) in subparagraph (I), by striking the pe- (A) by striking paragraphs (1) and (2); and ing after the item relating to section 413 the riod at the end and inserting ‘‘; and’’; and (B) by redesignating paragraphs (3), (4), following: (3) by adding at the end the following: and (5) as paragraphs (1), (2), and (3), respec- ‘‘Sec. 414. Establishment of best practices ‘‘(J) $25,000,000 for each of fiscal years 2017 tively. for evidence retention.’’. through 2021.’’. SEC. 13. KIRK BLOODSWORTH POST-CONVICTION SEC. 15. EFFECTIVE ADMINISTRATION OF CRIMI- DNA TESTING PROGRAM. SEC. 11. IMPROVING THE QUALITY OF REP- NAL JUSTICE. RESENTATION IN STATE CAPITAL (a) IN GENERAL.—Section 413 of the Justice (a) SHORT TITLE.—This section may be CASES. for All Act of 2004 (42 U.S.C. 14136 note) is cited as the ‘‘Effective Administration of Section 426 of the Justice for All Act of amended— Criminal Justice Act of 2015’’. 2004 (42 U.S.C. 14163e) is amended— (1) in the matter preceding paragraph (1), (b) STRATEGIC PLANNING.—Section 502 of (1) in subsection (a), by striking by striking ‘‘fiscal years 2005 through 2009’’ title I of the Omnibus Crime Control and ‘‘$75,000,000 for each of fiscal years 2005 and inserting ‘‘fiscal years 2017 through Safe Streets Act of 1968 (42 U.S.C. 3752) is through 2009’’ and inserting ‘‘$30,000,000 for 2021’’; and amended— each of fiscal years 2017 through 2021’’; and (2) by striking paragraph (2) and inserting (1) by inserting ‘‘(a) IN GENERAL.—’’ before (2) in subsection (b), by inserting before the following: ‘‘To request a grant’’; and the period at the end the following: ‘‘, or ‘‘(2) for eligible entities that are a State or (2) by adding at the end the following: upon a showing of good cause, and at the dis- unit of local government, provide a certifi- ‘‘(6) A comprehensive Statewide plan de- cretion of the Attorney General, the State cation by the chief legal officer of the State tailing how grants received under this sec- may determine a fair allocation of funds in which the eligible entity operates or the tion will be used to improve the administra- across the uses described in sections 421 and chief legal officer of the jurisdiction in tion of the criminal justice system, which 422’’. which the funds will be used for the purposes shall— SEC. 12. POST-CONVICTION DNA TESTING. of the grants, that the State or jurisdic- ‘‘(A) be designed in consultation with local (a) IN GENERAL.—Section 3600 of title 18, tion— governments, and representatives of all seg- United States Code, is amended— ‘‘(A) provides DNA testing of specified evi- ments of the criminal justice system, includ- (1) by striking ‘‘under a sentence of’’ in dence under a State statute or a State or ing judges, prosecutors, law enforcement per- each place it appears and inserting ‘‘sen- local rule or regulation to persons sentenced sonnel, corrections personnel, and providers tenced to’’; to imprisonment or death for a State felony of indigent defense services, victim services, (2) in subsection (a)— offense, in a manner intended to ensure a juvenile justice delinquency prevention pro- (A) in paragraph (1)(B)(i), by striking reasonable process for resolving claims of ac- grams, community corrections, and reentry ‘‘death’’; and tual innocence that ensures post-conviction services; (B) in paragraph (3)(A), by striking ‘‘and DNA testing in at least those cases that ‘‘(B) include a description of how the State the applicant did not—’’ and all that follows would be covered by section 3600(a) of title will allocate funding within and among each through ‘‘knowingly fail to request’’ and in- 18, United States Code, had they been Fed- of the uses described in subparagraphs (A) serting ‘‘and the applicant did not knowingly eral cases and, if the results of the testing through (G) of section 501(a)(1); fail to request’’; exclude the applicant as the source of the ‘‘(C) describe the process used by the State (3) in subsection (b)(1)— DNA, permits the applicant to apply for for gathering evidence-based data and devel- (A) in subparagraph (A), by striking ‘‘and’’ post-conviction relief, notwithstanding any oping and using evidence-based and evidence- at the end; provision of law that would otherwise bar gathering approaches in support of funding (B) in subparagraph (B), by striking the pe- the application as untimely; and decisions; riod at the end and inserting ‘‘; and’’; and ‘‘(B) preserves biological evidence, as de- ‘‘(D) describe the barriers at the State and (C) by adding at the end the following: fined in section 3600A of title 18, United local level for accessing data and imple- ‘‘(C) order the Government to— States Code, under a State statute or a State menting evidence-based approaches to pre- ‘‘(i) prepare an inventory of the evidence or local rule, regulation, or practice in a venting and reducing crime and recidivism; related to the case; and manner intended to ensure that reasonable and ‘‘(ii) issue a copy of the inventory to the measures are taken by the State or jurisdic- ‘‘(E) be updated every 5 years, with annual court, the applicant, and the Government.’’; tion to preserve biological evidence secured progress reports that— (4) in subsection (e)— in relation to the investigation or prosecu- ‘‘(i) address changing circumstances in the (A) by amending paragraph (1) to read as tion of, at a minimum, murder, nonnegligent State, if any; follows: manslaughter and sexual offenses.’’. ‘‘(ii) describe how the State plans to adjust ‘‘(1) RESULTS.— (b) AUTHORIZATION OF APPROPRIATIONS.— funding within and among each of the uses ‘‘(A) IN GENERAL.—The results of any DNA Section 412(b) of the Justice for All Act of described in subparagraphs (A) through (G) testing ordered under this section shall be si- 2004 (42 U.S.C. 14136e(b)) is amended by strik- of section 501(a)(1); multaneously disclosed to the court, the ap- ing ‘‘$5,000,000 for each of fiscal years 2005 ‘‘(iii) provide an ongoing assessment of plicant, and the Government. through 2009’’ and inserting ‘‘$10,000,000 for need; ‘‘(B) RESULTS EXCLUDE APPLICANT.— each of fiscal years 2017 through 2021’’. ‘‘(iv) discuss the accomplishment of goals ‘‘(i) IN GENERAL.—If a DNA profile is ob- SEC. 14. ESTABLISHMENT OF BEST PRACTICES identified in any plan previously prepared tained through testing that excludes the ap- FOR EVIDENCE RETENTION. under this paragraph; and plicant as the source and the DNA complies (a) IN GENERAL.—Subtitle A of title IV of ‘‘(v) reflect how the plan influenced fund- with the Federal Bureau of Investigation’s the Justice for All Act of 2004 (Public Law ing decisions in the previous year.

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‘‘(b) TECHNICAL ASSISTANCE.— of Justice that the grantee has utilized grant this Act has violated subparagraph (A), the ‘‘(1) STRATEGIC PLANNING.—Not later than funds for an unauthorized expenditure or Attorney General shall— 90 days after the date of enactment of this otherwise unallowable cost that is not closed (i) require the grant recipient to repay the subsection, the Attorney General shall begin or resolved within a 12-month period begin- grant in full; and to provide technical assistance to States and ning on the date when the final audit report (ii) prohibit the grant recipient from re- local governments requesting support to de- is issued. ceiving another grant under this Act for not velop and implement the strategic plan re- (6) NONPROFIT ORGANIZATION REQUIRE- less than 5 years. quired under subsection (a)(6). The Attorney MENTS.— (10) PREVENTING DUPLICATIVE GRANTS.— General may enter into agreements with 1 or (A) DEFINITION.—For purposes of this sec- (A) IN GENERAL.—Before the Attorney Gen- more non-governmental organizations to tion and the grant programs described in eral awards a grant to an applicant under provide technical assistance and training this Act, the term ‘‘nonprofit organization’’ this Act, the Attorney General shall com- under this paragraph. means an organization that is described in pare potential grant awards with other ‘‘(2) PROTECTION OF CONSTITUTIONAL section 501(c)(3) of the Internal Revenue Code grants awarded under this Act to determine RIGHTS.—Not later than 90 days after the of 1986 and is exempt from taxation under whether duplicate grants are awarded for the date of enactment of this subsection, the At- section 501(a) of such Code. same purpose. torney General shall begin to provide tech- (B) PROHIBITION.—The Attorney General (B) REPORT.—If the Attorney General nical assistance to States and local govern- shall not award a grant under any grant pro- awards duplicate grants to the same appli- ments, including any agent thereof with re- gram described in this Act to a nonprofit or- cant for the same purpose, the Attorney Gen- sponsibility for administration of justice, re- ganization that holds money in offshore ac- eral shall submit to the Committee on the questing support to meet the obligations es- counts for the purpose of avoiding paying the Judiciary of the Senate and the Committee tablished by the Sixth Amendment to the tax described in section 511(a) of the Internal on the Judiciary of the House of Representa- Constitution of the United States, which Revenue Code of 1986. tives a report that includes— shall include— (C) DISCLOSURE.—Each nonprofit organiza- (i) a list of all duplicate grants awarded, ‘‘(A) public dissemination of practices, tion that is awarded a grant under a grant including the total dollar amount of any du- structures, or models for the administration program described in this Act and uses the plicate grants awarded; and of justice consistent with the requirements procedures prescribed in regulations to cre- (ii) the reason the Attorney General of the Sixth Amendment; and ate a rebuttable presumption of reasonable- awarded the duplicate grants. ‘‘(B) assistance with adopting and imple- ness for the compensation of its officers, di- SEC. 17. NEEDS ASSESSMENT OF FORENSIC LAB- menting a system for the administration of rectors, trustees and key employees, shall ORATORIES. justice consistent with the requirements of disclose to the Attorney General, in the ap- (a) STUDY AND REPORT.—Not later than Oc- the Sixth Amendment. plication for the grant, the process for deter- tober 1, 2018, the Attorney General shall con- duct a study and submit a report to the Com- ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— mining such compensation, including the mittee on the Judiciary of the Senate and There is authorized to be appropriated independent persons involved in reviewing the Committee on the Judiciary of the House $5,000,000 for each of fiscal years 2017 through and approving such compensation, the com- of Representatives on the status and needs of 2021 to carry out this subsection.’’. parability data used, and contemporaneous (c) APPLICABILITY.—The requirement to the forensic science community. substantiation of the deliberation and deci- (b) REQUIREMENTS.—The report required submit a strategic plan under section sion. Upon request, the Attorney General 501(a)(6) of title I of the Omnibus Crime Con- under subsection (a) shall— shall make the information disclosed under (1) examine the status of current workload, trol and Safe Streets Act of 1968, as added by this subsection available for public inspec- subsection (b), shall apply to any application backlog, personnel, equipment, and equip- tion. ment needs of public crime laboratories and submitted under such section 501 for a grant (7) ADMINISTRATIVE EXPENSES.—Unless oth- for any fiscal year beginning after the date medical examiner and coroner offices; erwise explicitly provided in authorizing leg- (2) include an overview of academic foren- that is 1 year after the date of enactment of islation, not more than 7.5 percent of the this Act. sic science resources and needs, from a broad amounts authorized to be appropriated under forensic science perspective, including non- SEC. 16. OVERSIGHT AND ACCOUNTABILITY. this Act may be used by the Attorney Gen- traditional crime laboratory disciplines such All grants awarded by the Department of eral for salaries and administrative expenses as forensic anthropology, forensic ento- Justice that are authorized under this Act of the Department of Justice. mology, and others as determined appro- shall be subject to the following: (8) CONFERENCE EXPENDITURES.— priate by the Attorney General; (1) AUDIT REQUIREMENT.—Beginning in fis- (A) LIMITATION.—No amounts authorized to (3) consider— cal year 2016, and each fiscal year thereafter, be appropriated to the Department of Justice (A) the National Institute of Justice study, the Inspector General of the Department of under this Act may be used by the Attorney Forensic Sciences: Review of Status and Justice shall conduct audits of recipients of General or by any individual or organization Needs, published in 1999; grants under this Act to prevent waste, awarded discretionary funds through a coop- (B) the Bureau of Justice Statistics census fraud, and abuse of funds by grantees. The erative agreement under this Act, to host or reports on Publicly Funded Forensic Crime Inspector General shall determine the appro- support any expenditure for conferences that Laboratories, published in 2002, 2005, 2009, priate number of grantees to be audited each uses more than $20,000 in Department funds, and 2014; year. unless the Deputy Attorney General or the (C) the National Academy of Sciences re- (2) MANDATORY EXCLUSION.—A recipient of appropriate Assistant Attorney General, Di- port, Strengthening Forensic Science: A grant funds under this Act that is found to rector, or principal deputy as the Deputy At- Path Forward, published in 2009; and have an unresolved audit finding shall not be torney General may designate, provides prior (D) the Bureau of Justice Statistics survey eligible to receive grant funds under this Act written authorization that the funds may be of forensic providers recommended by the during the 2 fiscal years beginning after the expended to host a conference. National Commission of Forensic Science 12-month period described in paragraph (5). (B) WRITTEN APPROVAL.—Written approval and approved by the Attorney General on (3) PRIORITY.—In awarding grants under under subparagraph (A) shall include a writ- September 8, 2014; this Act, the Attorney General shall give pri- ten estimate of all costs associated with the (4) provide Congress with a comprehensive ority to eligible entities that, during the 3 conference, including the cost of all food and view of the infrastructure, equipment, and fiscal years before submitting an application beverages, audio/visual equipment, honoraria personnel needs of the broad forensic science for a grant under this Act, did not have an for speakers, and any entertainment. community; and unresolved audit finding showing a violation (C) REPORT.—The Deputy Attorney General (5) be made available to the public. in the terms or conditions of a Department shall submit an annual report to the Com- SEC. 18. CRIME VICTIM ASSISTANCE. of Justice grant program. mittee on the Judiciary of the Senate and (a) AMENDMENT.—Section 1404(c)(1)(A) of (4) REIMBURSEMENT.—If an entity is award- the Committee on the Judiciary of the House the Victims of Crime Act of 1984 (42 U.S.C. ed grant funds under this Act during the 2- of Representatives on all conference expendi- 10603(c)(1)(A)) is amended by inserting ‘‘vic- fiscal-year period in which the entity is tures approved by operation of this para- tim services,’’ before ‘‘demonstration barred from receiving grants under para- graph. projects’’. graph (2), the Attorney General shall— (9) PROHIBITION ON LOBBYING ACTIVITY.— (b) SENSE OF CONGRESS.—It is the sense of (A) deposit an amount equal to the grant (A) IN GENERAL.—Amounts authorized to be Congress that the proposed rule entitled funds that were improperly awarded to the appropriated under this Act may not be uti- ‘‘VOCA Victim Assistance Program’’ pub- grantee into the General Fund of the Treas- lized by any grant recipient to— lished by the Office of Victims of Crime of ury; and (i) lobby any representative of the Depart- the Department of Justice in the Federal (B) seek to recoup the costs of the repay- ment of Justice regarding the award of grant Register on August 27, 2013 (78 Fed. Reg. ment to the fund from the grant recipient funding; or 52877), is consistent with section 1404 of the that was erroneously awarded grant funds. (ii) lobby any representative of a Federal, Victims of Crime Act of 1984 (42 U.S.C. 10603). (5) DEFINED TERM.—In this section, the State, local, or tribal government regarding SEC. 19. IMPROVING THE RESTITUTION PROCESS. term ‘‘unresolved audit finding’’ means an the award of grant funding. Section 3612 of title 18, United States Code, audit report finding in the final audit report (B) PENALTY.—If the Attorney General de- is amended by adding at the end the fol- of the Inspector General of the Department termines that any recipient of a grant under lowing:

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As always, I thank ‘‘(1) IN GENERAL.—The Attorney General of explanation, that final piece of legis- Senator GRASSLEY, chairman of the shall, as part of the regular evaluation proc- lation represents the passage of the ess, evaluate each office of the United States Senate Judiciary Committee, for his attorney and each component of the Depart- Justice for All Reauthorization Act. leadership in helping shepherd this bi- ment of Justice on the performance of the of- This is legislation the Judiciary Com- partisan bill through the committee. fice or the component, as the case may be, in mittee has considered, as the Presiding This is now ready to go to President seeking and recovering restitution for vic- Officer knows, which Senator PAT Obama and be signed into law. tims under each provision of this title and LEAHY, the ranking member, and I the Controlled Substances Act (21 U.S.C. 801 have been working on for some time. With that, I yield the floor. et seq.) that authorizes restitution. It would improve victims’ rights by Mr. LEAHY. Mr. President, one of ‘‘(2) REQUIREMENT.—Following an evalua- increasing access to restitution and re- America’s greatest strengths is our ju- tion under paragraph (1), each office of the authorize programs that support crime dicial system: a system based on the United States attorney and each component victims in court, and it would increase of the Department of Justice shall work to ideal of equal justice for all. The Sen- improve the practices of the office or compo- resources for forensic labs to reduce ate has a critical role to play in pro- nent, as the case may be, with respect to the rape kit backlog. That last meas- tecting this judicial system. Perhaps seeking and recovering restitution for vic- ure is something that has been a con- most importantly, it is our responsi- tims under each provision of this title and cern of mine for a number of years. bility to confirm qualified judges to va- the Controlled Substances Act (21 U.S.C. 801 Congress has appropriated a significant cancies throughout the country so that et seq.) that authorizes restitution. amount of money, under the Debbie our courts function at full strength and ‘‘(k) GAO REPORTS.— Smith Act, to test forensic evidence in ‘‘(1) REPORT.—Not later than 1 year after Americans receive swift and reliable the date of enactment of this subsection, the rape kits to identify the offenders in justice. Another core responsibility is Comptroller General of the United States sexual assault cases. Unfortunately, ensuring fairness. In criminal cases, shall prepare and submit to the Committee over time, more and more of that fairness requires that the rights of vic- on the Judiciary of the House of Representa- money had been used for administra- tims and the accused are respected. It tives and the Committee on the Judiciary of tive and not testing purposes. If re- requires that evidence is processed the Senate a report on restitution sought by ports are to be believed, as many as quickly and accurately. And if there is the Attorney General under each provision 400,000 untested rape kits either sat in of this title and the Controlled Substances a mistake and an innocent person is evidence lockers or in labs untested, wrongly convicted, fairness requires Act (21 U.S.C. 801 et seq.) that authorizes res- thus denying those victims, whom titution during the 3-year period preceding that we have the tools available to cor- those kits represent, resolution of their the report. rect them. ‘‘(2) CONTENTS.—The report required under issues of closing the circle on their paragraph (1) shall include statistically valid grief. We need to also make sure we The bill the Senate passes today, the estimates of— have done everything we can in keep- Justice for All Reauthorization Act, ‘‘(A) the number of cases in which a de- ing our commitment to pursue the of- will make our courts more fair. It pro- fendant was convicted and the Attorney Gen- fender who has committed those sexual vides tools to strengthen indigent de- eral could seek restitution under this title or assaults. fense and expand the rights of crime the Controlled Substances Act (21 U.S.C. 801 Since my days as attorney general of victims. It will improve the use of fo- et seq.); Texas, protecting the rights of crime rensic evidence, including rape kits, to ‘‘(B) the number of cases in which the At- victims has been close to my heart, but provide justice as swiftly as possible. It torney General sought restitution; ‘‘(C) of the cases in which the Attorney I know we always worry about whether will help protect the innocent by in- General sought restitution, the number of there is enough money to be able to creasing access to postconviction DNA times restitution was ordered by the district adequately fund law enforcement. We testing. Passage of this bipartisan bill courts of the United States; have also previously—particularly on is long overdue, but it is an important ‘‘(D) the amount of restitution ordered by the issue of trafficking—made sure we step that we celebrate today. the district courts of the United States; created a crime victims fund that The Justice for All Reauthorization ‘‘(E) the amount of restitution collected takes the money from the fines and Act builds on the work I began in 2000, pursuant to the restitution orders described penalties paid by the procurers, or the when I introduced the Innocence Pro- in subparagraph (D); people who are charged with pur- ‘‘(F) the percentage of restitution orders tection Act. That bill sought to ensure chasing sexual services from traf- for which the full amount of restitution has that defendants in the most serious not been collected; and ficking victims, puts that money into the fund that will then be used to help cases receive competent representation ‘‘(G) any other measurement the Comp- and, when appropriate, access to troller General determines would assist in the victims heal. In particular, we need evaluating how to improve the restitution to get rid of this rape kit backlog. postconviction DNA testing. process in Federal criminal cases. I have been working with one of my I started my career as a prosecutor in ‘‘(3) RECOMMENDATIONS.—The report re- personal heroes, Debbie Smith. She has Vermont. I know that we must hold quired under paragraph (1) shall include rec- worked very hard to make sure we those who commit crimes accountable, ommendations on the best practices for— don’t forget these victims, just as she but we must also ensure that our sys- ‘‘(A) requesting restitution in cases in courageously talks about her own ter- which restitution may be sought under each tem treats the accused fairly and does provision of this title and the Controlled rible experience. It is very important not wrongly convict those who are not Substances Act (21 U.S.C. 801 et seq.) that that we get more of these rape kits guilty. In some cases, DNA testing can authorizes restitution; inventoried so we know exactly what prove the innocence of individuals ‘‘(B) obtaining restitution orders from the the scope of the problem is and we get where the system got it grievously district courts of the United States; and more of them tested. wrong. ‘‘Innocent until proven guilty’’ ‘‘(C) collecting restitution ordered by the Some cities like Houston, TX, have is a hallmark of our criminal justice district courts of the United States. waited around for the Federal Govern- system, but when a person who has ‘‘(4) REPORT.—Not later than 3 years after ment. Thanks to former Mayor Parker, the date on which the report required under been found guilty is actually innocent, Houston has cleared its rape kit back- we must provide access to tools like paragraph (1) is submitted, the Comptroller log by testing all of them. It is incred- General of the United States shall prepare DNA testing that can set the record ible what sort of evidence they have and submit to the Committee on the Judici- straight. ary of the House of Representatives and the been able to produce by creating hits Committee on the Judiciary of the Senate a on the DNA testing matchup and being The Innocence Protection Act and report on the implementation by the Attor- able to solve previously unsolved the funding it provides for ney General of the best practices rec- crimes. Of course, DNA being as power- postconviction DNA testing has played ommended under paragraph (3).’’. ful as it is can also make sure that peo- a critical role in helping the innocent Mr. CORNYN. Mr. President, I ask ple who are falsely accused of a crime clear their names and receive the exon- unanimous consent that the motion to are exonerated. erations they deserve. These cases hap- reconsider be considered made and laid I appreciate the work of the senior pen more often than people might upon the table. Senator from Vermont, Mr. LEAHY, think. In the first 6 months of 2016, at

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In par- from all that you know and all those dresses the needs of sexual assault sur- ticular, these articles have raised ques- you love—perhaps for decades or life. vivors by ensuring that rape kit back- tions about the DNA capacity enhance- You are housed in a cold, bare prison logs are reduced and forensic exam pro- ment and backlog reduction program, cell, isolated and scared. And perhaps grams are expanded. It strengthens which is administered by OJP’s Na- worst of all, no one believes you when some key provisions of the Prison Rape tional Institute of Justice. you say you did not do it. The four men Elimination Act. And it expands rights We don’t fully understand, for exam- exonerated by DNA in just the last few for victims of all crime. ple, why significant backlogs of DNA months no doubt experienced that and While we still have a long way to go, evidence from crimes of murder and worse, so did my friend Kirk we have made progress over the years sexual violence persist, despite the ap- Bloodsworth. to respond to the needs of sexual as- propriation of more than $1 billion by Kirk was a young man just out of the sault survivors, and I am glad this leg- Congress for the DNA programs that Marines when, in 1984, he was sen- islation continues to build on that are authorized under the Justice for tenced to death for the rape and mur- strong record. Last Congress, we reau- All Act. The U.S. Government Ac- der of a 9 year-old girl, a heinous crime thorized the Debbie Smith DNA Back- countability Office, in a 2013 report en- he did not commit. He maintained his log Reduction Program, named for my titled ‘‘DOJ Could Improve Decision- innocence and finally received a second brave friend Debbie Smith who waited Making Documentation and Better As- trial, only to be convicted again, for years after being attacked before sess Results of DNA Backlog Reduction though this time he received two con- her rape kit was tested and the perpe- Program Funds,’’ suggested that NIJ could better document the rationale secutive life sentences. Again, he trator was caught. I included language for its yearly funding priorities and fought to clear his name, pushing to in the Leahy-Crapo Violence Against take additional steps to verify the reli- have the evidence against him tested Women Reauthorization Act of 2013 to ability of grantee performance data. for DNA, then a novel new scientific increase services and funding for sur- The Justice Department’s inspector method. The DNA found at the crime vivors of sexual assault and further re- general also suggested, in a March 2016 scene was not his, and he was released duce the rape kit backlog. audit report of the DNA program, that I thank Senator CORNYN for working from prison in 1993. He became the first NIJ’s process for identifying grantees with me to pass this important legisla- death row inmate in the United States with the potential for generating pro- to be exonerated through the use of tion today. The programs authorized gram income needs improvement. DNA evidence. through the Justice for All Act are a My transparency language, which is Kirk inspired me to create the Kirk smart use of taxpayer dollars that en- modeled on accountability language Bloodsworth Post Conviction DNA sure the integrity of our justice sys- that already applies to grant recipients Testing Grant Program as part of the tem. Senators who talk about the need under the STOP grant program, is de- Innocence Protection Act in 2000. He to go after criminals and promote pub- signed to elicit more information continues to be a remarkable champion lic safety should support our legisla- about how the funds appropriated for for justice, and I am proud the grant tion, which I hope we can enact into Justice for All Act programs are being program we both care so deeply about law this year. used in practice. First, it would require is reauthorized as part of the bipar- Mr. GRASSLEY. Mr. President, I the Attorney General to annually re- tisan legislation before us today. commend Senator CORNYN and the port to Congress, for each recipient of We must continue funding this crit- ranking member of the Judiciary Com- DNA grants, the amounts distributed ical postconviction DNA testing since mittee, Senator LEAHY, for their work to each grant recipient, the purposes we know our system is imperfect. It is on the Justice for All Reauthorization for which these funds were used, and an outrage when an innocent person is Act of 2016, which today passed the each recipient’s progress in achieving wrongly punished, and this injustice is Senate. I also want to thank the spon- those purposes. Second, under this compounded when the true perpetrator sors for agreeing to accept, as part of amendment, the Attorney General remains on the streets, able to commit this reauthorization measure, some must summarize the types of DNA more crimes. We are all less safe when transparency language that I devel- samples submitted to crime labs, the the system gets it wrong. oped. This language also passed the average time it took to test these DNA Of course we must do more to ensure Senate today by unanimous consent in samples, and the proportion of each that our justice system gets it right the form of a floor amendment to the grant that went to private crime labs. from the beginning, and that means Justice for All Reauthorization Act. Finally, and perhaps most importantly, improving the quality of indigent de- The purpose of the original Justice it would require the Attorney General fense. This legislation requires the De- for All Act, on which many of us to evaluate the effectiveness of grant partment of Justice to provide tech- worked during congressional consider- amounts in increasing crime labs’ ca- nical assistance to States to improve ation of the measure in 2004, is to pro- pacity and reducing backlogs of DNA their indigent defense systems, and it tect crime victims’ rights, authorize evidence. ensures that public defenders will have resources to reduce backlogs of The amendment I sponsored also in- a seat at the table when States deter- unanalyzed DNA evidence from crime cludes some language that is designed mine how to use their Byrne JAG scenes and convicted offenders, and ex- to ensure we avoid duplication in grant criminal justice funding. Although pand the DNA testing capacity of the programs, as well as a provision that is these are small changes, I hope they Nation’s crime laboratories. The stat- intended to enhance crime victims’ ac- lay the ground work for greater im- ute also authorizes resources for test- cess to restitution. I thank Senator provements ahead, including adoption ing DNA evidence to protect the inno- LANKFORD, who cosponsored the of my Gideon’s Promise Act. That leg- cent from wrongful convictions. By amendment, for suggesting the inclu- islation would allow the Department of working together in a bipartisan fash- sion of the antiduplication language, Justice to ensure that States are satis- ion, our colleagues have produced leg- which is modeled on language that I fying their obligations to provide com- islation that will extend these pro- led the Judiciary Committee in approv- petent counsel under the 6th and 14th grams for several more years. ing as part of several other measures Amendments. It has been a part of this The purpose of my amendment to before our committee. Senator FEIN- bill in previous years, but unfortu- this reauthorization measure is to in- STEIN, who also cosponsored this nately does not yet have the support it crease the transparency and promote amendment, also deserves credit for needs for passage. We must do more to accountability of many DNA-related suggesting the addition of restitution protect this fundamental right, and I programs and activities that are ad- language.

VerDate Sep 11 2014 01:09 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G16JN6.025 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 16, 2016 CONGRESSIONAL RECORD — SENATE S4277 In closing, I want to again extend my Ernst, David Vitter, James M. Inhofe, since March 10. This legislation takes appreciation to Senators CORNYN and Dean Heller, Pat Roberts, Lamar Alex- the right step to address that problem LEAHY for their hard work on this ander, Ron Johnson, Tom Cotton, and not to address just those who have measure, which our Judiciary Com- Thom Tillis, Mitch McConnell. overdosed and died but those who are mittee reported last month and con- The PRESIDING OFFICER. Pursuant casualties of this epidemic, who have gratulate them on Senate passage of to rule XXVIII, there will now be up to therefore lost their job, lost their fam- the Justice for All Reauthorization Act 2 hours of debate equally divided in the ily, lost their ability to be able to func- of 2016. usual form. tion. Mr. CORNYN. I suggest the absence The Senator from Ohio. As I talk to recovering addicts of a quorum. Mr. PORTMAN. Madam President, I around my State of Ohio, I hear the The PRESIDING OFFICER. The wish to start by commending the ma- same thing again and again: The drugs clerk will call the roll. jority leader who just came to the floor become everything, and this does cause The legislative clerk proceeded to and offered a motion to go to con- families to be torn apart. It does cause call the roll. ference on CARA, the Comprehensive crime. When I talk to prosecutors in Mr. MCCONNELL. Madam President, Addiction and Recovery Act of 2016. my State, they tell me that most of I ask unanimous consent that the order This is an incredibly important piece the crime—in one county, recently a for the quorum call be rescinded. of legislation because it will allow the county prosecutor told me that 80 per- The PRESIDING OFFICER. Without U.S. Congress to be a better partner in cent of the crime is due to this heroin objection, it is so ordered. fighting against this heroin and pre- and prescription drug epidemic. So this scription drug epidemic that is seizing f is one we must address for so many our communities. reasons, and we must address it right COMPREHENSIVE ADDICTION AND This is a big step today because it away. RECOVERY ACT OF 2016 says we are going to send a few Sen- I am pleased we are finally appoint- Mr. MCCONNELL. Madam President, ators over to work with the House to ing conferees. I hope the other side will I ask that the Chair lay before the Sen- come up with a consensus bill between not consider blocking this because we ate the House message accompanying CARA, which passed in this body on need to move on with this to get this S. 524. March 10, by the way, by a 94-to-1 vote. legislation to the President’s desk. We The Presiding Officer laid before the That never happens around here, and it have been talking with the House Senate the following message from the happened because after 21⁄2 weeks of de- about their legislation that was passed House of Representatives: bate on the floor, everybody realized subsequent to our legislation and talk- Resolved, That the House insist upon its this is an issue that had to be ad- ing about how to make some of these amendments to the bill (S. 524) entitled ‘‘An dressed and that the legislation we compromises to be able to come up Act to authorize the Attorney General to came up with was the sensible and re- with a consensus bill. I think we are award grants to address the national sponsible way to do it. very close. Again, I think there are epidemics of prescription opioid abuse and It was legislation we developed over a some ideas in the House bill we should heroin use,’’ and ask a conference with the 3-year period. Senator WHITEHOUSE and incorporate, and I think there are some Senate on the disagreeing votes of the two I were the leads on it. We had five con- Houses thereon. ideas in the Senate bill that must be ferences here in Washington, bringing included in the House bill that are not COMPOUND MOTION experts in from around the country. We included now. I think one is with re- Mr. MCCONNELL. Madam President, took the best ideas, regardless of where gard to recovery services. I move that the Senate disagree to the they came from, and came up with a We know that the best evidence- amendments of the House, agree to the way to deal with the prevention and based treatment and recovery can request by the House for a conference, education aspect of this, to prevent make a difference in turning people’s and the Presiding Officer appoint the people from getting into the funnel of lives around, and therefore we do sup- following conferees: Senators GRASS- addiction in the first place, but then, port recovery services. For those in the LEY, ALEXANDER, HATCH, SESSIONS, for those who are addicted, to treat ad- field, they will tell us it is not just LEAHY, MURRAY, and WYDEN. diction like the disease that it is, to about the medication-assisted treat- The PRESIDING OFFICER. The mo- get them into the treatment and recov- ment, it is that longer term recovery tion is now pending. ery services that they need, as well as that creates the success we are all CLOTURE MOTION to help our law enforcement; specifi- looking for. Mr. McCONNELL. I send a cloture cally, to help our law enforcement with Then, on the prevention side, we have motion to the desk. regard to Narcan, which is naloxone, focused more specifically on a national The PRESIDING OFFICER. The clo- which helps to stop the overdose awareness campaign to get people ture motion having been presented deaths. We also help to get prescription again focused on this issue of the link under rule XXII, the Chair directs the drugs off of people’s shelves and to between prescription drugs and the clerk to read the motion. avoid this issue of people getting into dangers there that are narcotic pre- The legislative clerk read as follows: the issue of opioid addiction, some- scription drugs and the opioid addic- CLOTURE MOTION times inadvertently, through prescrip- tion issue. I can’t tell you how sad it is We, the undersigned Senators, in accord- tion drug overprescribing. to talk to parents back home who have ance with the provisions of rule XXII of the This is a bill that actually addresses lost a child because that child started Standing Rules of the Senate, do hereby the problem in a responsible way. It is on prescription drugs. In two cases, I move to bring to a close debate on the mo- comprehensive. can tell you about parents who have tion to disagree to the House amendments, The House then passed its own legis- come to talk to me—one testified at a agree to the request from the House for a lation. They passed 18 separate bills, hearing that we had back in Cleveland, conference, and the Presiding Officer appoint smaller bills, not as comprehensive but OH—two cases where the teenager went the following conferees: Senators Grassley, which included some good ideas that Alexander, Hatch, Sessions, Leahy, Murray, in to get a wisdom tooth extracted and and Wyden with respect to S. 524, a bill to were not in the Senate bill; one, for in- was given painkillers—prescription authorize the Attorney General and Sec- stance, raising the cap on doctors who drugs—and from that became addicted retary of Health and Human Services to are treating people with Suboxone. and from that went to heroin and from award grants to address the national Some of those ideas should be incor- that, sadly, had an overdose and died. epidemics of prescription opioid abuse and porated as well, but the point is, we So I think this awareness is incred- heroin use, and to provide for the establish- have to move and move quickly. ibly important because most people ment of an inter-agency task force to review, If we think about this, since the Sen- don’t realize that four out of five her- modify, and update best practices for pain ate passed its legislation, which was on oin addicts in Ohio started on prescrip- management and prescribing pain medica- tion, and for other purposes. March 10, we have unfortunately seen tion drugs. That awareness alone will John McCain, John Cornyn, Marco roughly 129 people a day lose their lives save so many lives and create the op- Rubio, Deb Fischer, Rob Portman, to overdoses. So many thousands of portunity for us to keep people out of Roger F. Wicker, Richard Burr, Joni Americans have lost their lives even that funnel of addiction in the first

VerDate Sep 11 2014 01:09 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G16JN6.034 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4278 CONGRESSIONAL RECORD — SENATE June 16, 2016 place. The grip of addiction is so strong That is fine. I hope there will be lots of We hear stories constantly back that once you are in it, it is a huge new ideas that will come up because home in Ohio about this issue because, challenge, but it is one that can be there is no silver bullet, but we know sadly, we are one of the States that is overcome, again with the right kind of this legislation will help. We know it is hardest hit. We are in the top five in treatment and the right kind of recov- comprehensive. We know it is well- the country in overdoses, and in ery. thought-out. We know it is based on fentanyl overdoses we may be No. 1. Again, I am pleased that the major- best practices. Let’s move forward with Fentanyl, by the way, is a synthetic ity leader came to the floor today to this now because it is urgent. form of heroin. actually begin this process of the for- One American every 12 minutes loses People ask: Is it about prescription mal conference, to get this bill to the his or her life to overdoses. Since drugs or heroin? It is about the drugs. President’s desk and, more impor- CARA passed, this means more than If it is not heroin, it may be fentanyl. tantly, to get this bill out to our com- 11,000 Americans have died of If it is not fentanyl, next year it may munities so it can begin to help and it overdoses. So since March 10, when this be something else. It may go back to can begin to turn the tide. legislation passed on the Senate floor, methamphetamines. It may be about It is not getting better. I wish I could 11,000 Americans lost their lives. cocaine. It is about the drugs, and we say it was. When I talk to people who Again, it doesn’t include the hundreds can’t take our eye off of this issue be- are staffing the hotlines back home, of thousands more who are affected in cause when we think we solve one prob- they tell me, unfortunately, there are some fundamental ways. lem another problem will crop up. more calls coming in. When I talk to People back home get this. When I Fentanyl is produced synthetically. people in our hospitals, they tell me, was on a tele-townhall meeting re- It is usually in the mail, and it is unfortunately, there are more babies cently, one of my constituents called mailed mostly from Ohio. From our ex- born with addiction who are showing in, and he started talking about the perience, it is coming from China to up in neonatal units. There has been a CARA legislation and the importance the United States. It is made by chem- 750-percent increase in my State of of more funding for evidence-based ists who don’t care about our kids or Ohio in babies born with addiction just treatment that works. There was some- our citizens, because they are making in the last dozen years. thing about the way he was describing this deadly poison. Sometimes it is Unfortunately, when I talk to people it, and I could tell this was personal. mixed with heroin. Sometimes it is put about the emergency room—I talked to So I said: Sir, can you tell us why you into a pill form to try to indicate that an emergency room nurse last weekend know so much about this and why you it might be a prescription drug pill when I was in Cleveland. I was at a fes- are so interested? that people might think is more safe, tival talking to people, and an emer- There was a pause. I knew what was which it is obviously not. This fentanyl gency room nurse came up to me. I coming because I heard it too many is causing more deaths in my home- heard the same thing I have heard times before. He explained that he had town of Cincinnati and Cleveland, OH, many times, which is you have to do lost his daughter. She had been in and than heroin these days. something about this issue. More and out of treatment programs, and re- We hear stories such as the story of more people are coming to our emer- lapsed. She had been in prison and out. Nicholas Dicillo of Cleveland, OH. gency rooms seeking help. She had finally decided that she was Nicholas was a bright young man, a Of course, it is creating an issue in ready, that she wanted to accept a gifted musician. He had a full scholar- terms of jobs and employment because treatment program to be able to turn ship to Northwestern University. His people who are addicted often are not her life around. She was in a position father died of a heroin overdose when able to work, cannot hold down a job, to do so. They took her to a treatment he was a child. Two decades later, and cannot pass a drug test. So it is af- center to get treatment, and there was sadly, Nick became a heroin addict fecting our economy in so many ways, a waiting list. During the time she was himself after experimenting with it and of course affecting our families. on that waiting list—I believe it was 14 with some friends. It was an experi- Ultimately, it is about individuals not days—was when they found her. She ment, and he got addicted. I hope peo- being able to pursue their God-given had overdosed. His point was very sim- ple who are listening today understand purpose in life because these drugs are ple. You can imagine the emotion on this is something that cannot be getting them off track. the call. played with. You are playing with fire. CARA passed in the Senate by a 94- His point was very simple. When He soon realized that he had made a to-1 vote, as I said. So there is common someone is ready to seek treatment, we tragic mistake. He said: ‘‘Heroin took ground here among Republicans and need to have treatment available for me to the depths of hell.’’ That was his Democrats alike. This is not a partisan them. We are told that eight out of ten quote. issue. It never has been. From the heroin addicts—nine out of ten over- Then his mother Celeste died of a start, over the last few years we have all—are not seeking treatment who heroin overdose in January. Nicholas worked together. In fact, we worked need it. Some of that is because of the was the one who found her body. That with the House, not just bipartisan but stigma associated with addiction. We heartbreaking experience motivated bicameral, and put together legislation need to wipe that stigma away to get Nick to get clean. He made a promise both Chambers could support. There people into treatment. Some of it is be- to himself that he would not suffer were about 129 House Members who cause there is not the availability of that same fate, the fate of both of his were cosponsors of the legislation that treatment in some parts of Ohio. In parents. After his mother died, he was passed the Senate. Initially, we took some parts of Ohio, in some of our homeless. He tried quitting cold tur- ideas from the House and the Senate, rural areas, there literally is no effec- key. That didn’t work. He wasn’t able and this is why I am a little frustrated, tive treatment available. In other to do it. Most heroin prescription drug frankly, that we haven’t made more areas, in some of our urban areas, addicts are not. He sought help, he progress already. Now is the time to where there is good treatment avail- sought treatment, and he was clean for move. Let’s get this done before July 4. able and some amazing places that are 2 months. Let’s get it done next week. Let’s get it doing incredible work, they do have a I am just starting to like myself again. I to the President and to our commu- waiting list at some of them. We also have a whole lot more life to live. I have a nities. There is no reason for us to have a waiting list with regard to some whole lot more I want to do. I don’t want to wait. With this step today, of the for- of the longer term recovery centers and become another statistic. mal naming of the conferees, there is residential centers in Ohio. That again But then, sadly, he relapsed. He no reason for us not to move forward is helped by this legislation. We also overdosed. He was found dead with a with this and move forward with it in have difficulty with some of our detox needle in his arm on May 4 in west a way that shows we can work together centers in some areas of Ohio. There is Cleveland, OH. Memorial services are as a House and Senate to solve these not enough room in the detox center so being held for him in Cleveland this problems. the police don’t know where to take week. Some have said: Well, there might be people to get them started in this proc- That is what is happening in north- some other ideas that will come up. ess. east Ohio. In southwest Ohio, a woman

VerDate Sep 11 2014 01:09 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G16JN6.016 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 16, 2016 CONGRESSIONAL RECORD — SENATE S4279 arrested by the Cincinnati Police pled who is a friend of mine, has been speak- Thank you, Madam President. guilty last week to repeatedly traf- ing out about this epidemic, writing in I yield back my time. ficking her own 11-year-old old daugh- the Cincinnati Enquirer: ‘‘There is no I suggest the absence of a quorum. ter to her 42-year-old drug dealer in ex- more urgent need in our community The PRESIDING OFFICER. The change for heroin. Sadly, she even gave than to address this drug scourge.’’ I clerk will call the roll. this girl—her 11-year-old daughter— think he is right. I want to thank him The senior assistant legislative clerk heroin. for doing his part in helping to lend his proceeded to call the roll. You get the picture. This is not in voice to those who don’t have a voice. Mr. CRUZ. Madam President, I ask one ZIP Code. This is not in one com- I know the scope of this epidemic can unanimous consent that the order for munity. It knows no ZIP Code. It is in sometimes feel overwhelming. I know the quorum call be rescinded. our rural areas, in our suburban areas, the way we talked about it today, it The PRESIDING OFFICER. Without and in our inner cities. It is affecting has to be frustrating to everybody objection, it is so ordered. every person regardless of their station hearing it. What are the solutions? RADICAL ISLAMIC TERRORISM in life, regardless of their background. How can we get at this? But we know Mr. CRUZ. Madam President, our Na- No one is immune from it, and no one there is hope. We know that prevention tion is at war. Five days ago, we saw a is unaffected by it. Ohioans know this can work. It is the right kind of pre- horrific terror attack in Orlando, FL. is happening and they are taking ac- vention, if it is focused and targeted. From September 11 to the Boston Mar- tion. That is positive. Terri Thompson, We know that treatment and recovery athon, from Fort Hood to Chattanooga, of Bluffton, OH, has founded a group can work. I have given you examples of from San Bernardino to this attack in called Ohio Moms Against Heroin, and that. Again, it has to be evidence- Orlando, radical Islamic terrorism has I commend her for it. She has seven based. It has to be stuff that we are declared jihad on America. As the facts kids, by the way, and five of them have funding here because it works, not be- have unfolded, they now indicate that been addicted to heroin at one point or cause we want to throw more money at the Orlando terrorist had pledged his another over the past 20 years. They a problem. allegiance to ISIS in the process of Reggie Gant, of Columbus, OH, was a are from a middle-class Ohio home. murdering 49 and wounding more than married father of three who had a good One son went to prison. Over the next 50 at a nightclub. job working at a paint company. He year, 12 of his peers died of heroin All of our hearts go out to those who tore his rotator cuff. He was in pain. were murdered. To the families of overdoses. Terri’s youngest daughter— His doctor prescribed Percocet for his a cheerleader, a soccer player, and a those who were victims and who are pain. He became addicted. When his grieving, we stand in solidarity, we lift talented piano player—made the mis- doctor stopped filling the prescription, take of trying heroin with her boy- them up in prayer at this horrific act he started buying off of other people in of terrorism. But it is also a time for friend. She became addicted. One of her the doctor’s waiting room. When the brothers who got treatment and is now action. We need a Commander in Chief pills weren’t available or were too ex- who will speak the truth, who will ad- leading a productive life, is a small pensive, which is often the problem for business owner. He encouraged her to dress the enemy we face, who will un- these prescription drug addicts who leash the full force and fury of the get treatment, too, as he had gotten. turn to heroin, he switched to heroin. She did, and now she is living a sober, American military on defeating ISIS It was less expensive. It was more and defeating radical Islamic terror- clean, and a productive life. available. He was trapped in the funnel Seven hundred Ohio moms have now ists. of addiction, and the drug became ev- In the wake of the attack, many of us joined Terri’s group. We already know erything. He lost his relationship with they have been saving people. They tell predicted what would unfold, and it his wife and his kids. He started steal- was, sadly, the same political tale we me a story about one woman who con- ing from his workplace. ‘‘I did things I tacted the group when she needed have seen over and over again. Many of never thought I would do in a million us predicted that Democrats would, as treatment. Terri personally picked her years,’’ he said. a matter of rigid partisan ideology, up and drove her to detox and the As I said earlier, the drugs are every- refuse even to say the words ‘‘radical woman has been clean for 3 months and thing. But he got treatment, spending is now back on track. On June 18, Terri 40 days at an inpatient facility. He has Islamic terrorist’’; that they would and dozens of other moms will be ral- been clean for 6 months. He is getting suggest this attack was yet another lying and marching in Findlay, OH, to help from the Lima Urban Minority Al- isolated incident, one lone criminal, educate people that addiction is a dis- coholism and Drug Abuse Outreach not connected to any global ideology, ease and it needs to be treated. Again, Program. He is beating this because he not connected to any global jihad; and I commend her. I want to thank Terri was able to step forward and get into that, even worse, they would try to use and all those involved in this body. She treatment. It was there for him. People it as an excuse to go after the Second is a brave woman who is channeling can beat this, and they do every day. Amendment rights of law-abiding citi- her grief toward something construc- Experts tell us 9 out of 10 of those zens. I wish, when we predicted that, tive, and that is helping others to who need treatment aren’t getting it. that we had been proven incorrect. But avoid this disease. As I said earlier, some of that is be- this week played out all too predict- In my hometown of Cincinnati, the cause of the stigma, and some of that ably. Center for Addiction Treatment, also is because of lack of access to facilities Yesterday we saw a political show on known as the CAT House, has an- in their communities. This House ef- the Senate floor, with Democrat after nounced a $5.7 million capital cam- fort that was undertaken with 18 sepa- Democrat standing for hours, incensed paign to construct a new 17,000-square rate bills combined with the Senate not at ISIS, incensed not at radical Is- foot building to address the opioid epi- bill, the Comprehensive Addiction and lamic terrorism, but incensed that demic. This will triple their capacity Recovery Act, or CARA, will make a Americans have a right to keep and to be able to treat more patients. They difference. It will provide more help to bear arms. This is political distraction. will be able to treat about 6,000 pa- the type of treatment programs and re- This is political gamesmanship. I think tients. They do great work, and they covery efforts that actually work. the American people find it ridiculous have had great success. Construction If we can get this comprehensive bill that in response to an ISIS terror at- has already begun. It is expected to be to the President, we can help more peo- tack, the Democrats go on high dudg- completed within a year. ple who are struggling to get treat- eon that we have to restrict the Second I want to thank everyone who has ment. We can help give them more Amendment rights of law-abiding citi- made that possible, including the folks hope. It is time to act and act quickly zens. This is not a gun control issue. at the CAT House, but also the State of to find common ground before we lose This is a terrorism issue. And it is Ohio, the city of Cincinnati, the Dea- more of our fellow Americans. Let’s get nothing less than political gamesman- coness Health Associations Founda- this comprehensive bill into law and ship for them to try to shift to their fa- tion, and Bethesda, Inc. begin to help those millions of our fel- vorite hobbyhorse of taking away the The University of Cincinnati former low citizens who are struggling with Bill of Rights from law-abiding citi- law school dean emeritus, Joe Tomain, this epidemic. zens.

VerDate Sep 11 2014 01:09 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G16JN6.017 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4280 CONGRESSIONAL RECORD — SENATE June 16, 2016 I have spent years defending the Sec- its head in the sand like an ostrich and That is yet another big red flag. If you ond Amendment—the right to keep and refused to acknowledge radical Islamic are palling around with al-Nusra sui- bear arms—the Constitution, and the terrorism, Nidal Hasan would have cide bombers, that ought to be a real Bill of Rights, and I, along with the been stopped before he carried out that flag. If the administration is focused on Presiding Officer, along with a great horrific act of terrorism. radical Islamic terrorism, this is an in- many Members of this Chamber, am Likewise, with the Boston bombing dividual we ought to be watching. committed to defending the constitu- and the Tsarnaev brothers, Russia had We know that Mateen, as it has been tional rights of every American. You informed the Obama administration reported, traveled to Mecca in Saudi don’t defeat terrorism by taking away they were connected with radical Is- Arabia for 10 days on March 2011 and our guns; you defeat terrorism by using lamic terrorism. We knew that. The for 8 days in March 2012. And we also our guns. This body should not be en- FBI had gone and interviewed them. have indications that the FBI may gaged in a political circus trying to re- Yet, once again, they dropped the ball. have been aware that he was a follower strict the Second Amendment. Instead, They stopped monitoring them. They of the Islamist educational Web site we should be focusing on the problem didn’t even note when the elder run by radical Imams. Not only that, at hand. Tsarnaev brother posted on YouTube a but his father has posted online videos Why did we see yesterday’s series of public call to jihad. Mind you, this did expressing not only sympathy but ar- speeches? Because Senate Democrats not require complicated surveillance. guably support for the Taliban. All of have an election coming up in Novem- This was YouTube. Anyone with a com- that is what the Obama administration ber, and they don’t want to talk about puter who could type in ‘‘Google’’ knew. Yet by Sunday morning they the real issue. Let’s talk about ISIS. could see this. Yet, because the admin- were no longer watching Omar Mateen. Let’s talk about radical Islamic ter- istration will not acknowledge that we They were no longer watching Omar rorism. Let’s talk about the failures of are fighting radical Islamic terrorism, Mateen. They were not monitoring the last 7 years of this administration they were not watching and moni- him, and he was able to go in and com- to keep this country safe. toring the Tsarnaev brothers. So they mit a horrific act of murder. In response to my criticism and that called for public jihad and then carried The question that every Member of of many others, President Obama gave out that public jihad with pressure this body should be asking is, Why is a press conference where he said, echo- cookers at the Boston Marathon—yet the ball being dropped over and over ing the words of Hillary Clinton: What another example where we knew about and over again? It is not once. It is not difference does it make if we call it the individual beforehand, and if we twice. It is a pattern. It is a pattern of radical Islamic terrorism? Well, Mr. had focused prevention on the problem, failing to connect the dots. I would President, it makes a world of dif- we could have stopped it. suggest it is directly connected to ference because the failure to address A third example was San Bernardino, President Obama and this administra- the enemy impacts every action taken that horrific terror attack. Once again, tion’s refusal to acknowledge what it is to fight that enemy. we had ample information about the we are fighting. If you direct the pre- I want to talk in particular about individuals in question. The female ter- vention efforts to stopping radical Is- three areas where this administration rorist who came to San Bernardino had lamic terrorism—we had all the infor- and the Senate Democrats’ refusal to given the administration a fake ad- mation we had on Mateen to keep a confront radical Islamic terrorism has dress in Pakistan. Yet the so-called very close eye on him. Yet if that is made America less safe and what we vetting that this administration tells not what you are fighting, then you need to do about it. Let’s start with us they do had failed to discover that it close the investigation and yet another prevention. Over and over again we was a fake address. She had made calls attack goes forward. have seen the Obama administration for jihad; yet the administration failed I would suggest that this willful having ample information to stop a to discover that. In San Bernardino, we blindness is one of the reasons we saw terrorist attack. Yet, because of the saw yet another horrific terror attack. the circus yesterday on the Senate political correctness, because of the And how about Orlando? Let’s talk floor. Senate Democrats should be ask- ideology of this administration that about what the facts are in Orlando. ing these questions, yet we don’t hear will not even say the word ‘‘jihad,’’ will Now, we are only 5 days in. The facts them asking those questions. Instead, not even say the words ‘‘radical Is- will develop further as they are more they want to shift this to gun control. lamic terrorism,’’ they look the other fully developed, but here is what has They want to shift this to putting the way, and the attacks go forward. been publicly reported. Federal Government in charge of ap- In my home State of Texas, Fort What has been publicly reported is proving every firearms transaction be- Hood, Nidal Hasan—the Obama admin- that Omar Mateen was interviewed not tween law-abiding citizens in America. istration knew that Nidal Hasan had once, not twice, but three times by the Mind you, that would not have pre- been in communication with the rad- FBI in 2013 and 2014. One of the reasons vented this attack. Mind you, it was ical Islamic cleric Anwar al-Awlaki. he was interviewed by the FBI was that not directed at the evil of this attack. The Obama administration knew that he was talking in his place of employ- Mind you, it ignores the global jihad Nidal Hasan had asked al-Awlaki about ment, which, ironically and shockingly we are facing, but it is a convenient po- the permissibility of waging jihad enough, was a contractor to the De- litical dodge. We need serious leader- against his fellow soldiers. All of that partment of Homeland Security, and he ship focused on keeping this country was known beforehand, yet they did was talking about being connected to safe. nothing. They did nothing. And on that terrorist organizations, including the A second component of keeping this fateful day, Nidal Hasan murdered 14 Boston bombers. To any rational per- country safe is defeating ISIS—utterly innocent souls, yelling ‘‘Allahu Akbar’’ son, that is a big red flag. Yet it has and completely defeating ISIS. as he pulled the trigger. Yet, just to also been reported that his coworkers In yesterday’s circus, when calling underscore the blindness of this admin- were so afraid to say anything because for taking away your and my constitu- istration even after the terror attack, they didn’t want to be labeled as some- tional rights, how often did Senate the administration insisted on charac- how anti-Muslim by speaking out Democrats say: Let’s utterly destroy terizing that terror attack as ‘‘work- about someone claiming to be con- ISIS. Not with the pinprick attacks we place violence.’’ That is nothing short nected to radical Islamic terrorists. are seeing, not with the photo-op for- of delusion, and it is a delusion that We also know that when he was ques- eign policy of this administration—a cost 14 lives. tioned by the FBI in 2004, according to failed effort that leaves the terrorists If we know of a U.S. servicemember public reports, it was because he was laughing at us—but instead, using who is communicating with a radical believed to have been connected to and overwhelming airpower; instead, using Islamic cleric and asking about waging knew Moner Mohammad Abusalha, who the concerted power of the U.S. mili- jihad against his fellow soldiers, MPs traveled to Syria to join the terrorist tary, with rules of engagement that should show up at that individual’s organization al-Nusra Front and who allow us to fight and win. Right now, door within minutes. And if we didn’t became the first known American sui- sending our service men and women have an administration that plunged cide bomber in the Syrian conflict. into combat with rules of engagement

VerDate Sep 11 2014 03:02 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G16JN6.019 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 16, 2016 CONGRESSIONAL RECORD — SENATE S4281 tying their hands behind their backs is going to use those refugees to send ter- ported that it was at a gay bar. There wrong, it is immoral, and it is not ac- rorists here to come and murder us. are a great many Democrats who are complishing the task. This transcends mere partisan dis- fond of calling themselves champions Do you want a response to the Or- agreement; this is lunacy. of the LGBT community. I would sug- lando attacks? President Obama and We know the Paris attack was car- gest there is no more important issue Vice President BIDEN are going down. ried out in part by people who came in to champion in that regard than pro- They will no doubt give a self-right- using the refugee program, taking ad- tecting Americans from murder by a eous speech about gun control, trying vantage of the refugee program. In- vicious ideology that systematically to strip away the rights of law-abiding deed, earlier this year, on January 6, murders homosexuals, that throws Americans. How about they stand up 2016, Omar Faraj Saeed Al Hardan, a them off buildings, that buries them and have the President pledge that Palestinian born in Iraq who entered under rocks. The regime in Iran, now ISIS will be driven from the face of the the United States as a refugee in 2009, supported by billions of dollars of Earth? Do you want to see a response was charged with attempting to pro- American taxpayer dollars at the be- to murdering innocent Americans? If vide support to ISIS. He wanted to set hest of President Obama, murders ho- you declare war on America, you are off bombs using cell phone detonators mosexuals regularly. signing your death warrant. That is the at two malls in my hometown of Hous- I will confess, some in the press pool response of a Commander in Chief. ton, TX. This is a refugee who came were a little bit puzzled: Well, how can That is the seriousness we need. from Iraq. Yet, do you hear the admin- a Republican be speaking out against istration saying: This is a dangerous A third component of focusing on the this? Let me be very clear. I am world. Jihadists are attempting to kill enemy is that we should focus on keep- against murder. I am against murder of us. We have to keep us safe. They don’t ing us safe—in particular, passing two any American. Nobody has a right to say that. murder anybody because they differ in pieces of legislation, both of which I in- The legislation I have introduced, faith, because they differ in sexual ori- troduced, the first of which is the Ex- which I would urge this body to take patriate Terrorist Act. This is legisla- up, would impose a 3-year moratorium entation, because they differ in any re- tion which provides that if any Amer- on refugees coming from any nation spect. We are a nation founded on pro- ican citizen goes and takes up arms where ISIS or Al Qaeda or radical Is- tecting the rights of everyone to live and joins ISIS, joins a radical Islamic lamic terrorists control a substantial according to their conscience, accord- terrorist group, that he or she forfeits portion of the territory. We can help ing to their faith. This murder in Or- their U.S. citizenship. So you do not with humanitarian efforts. We can help lando was not random; it was part of a have American citizens coming back to resettling refugees in majority Muslim global jihad, an ideology, an Islamist America with U.S. passports to wage countries in the Middle East. America ideology that commands its adherents jihad on America. We have seen Ameri- is a compassionate country that has to murder or forcibly convert the infi- cans such as Jose Padilla, Anwar al- given more than 10 times as much del, by whom they mean every one of Awlaki, and Faisal Shahzad, just to money as any country on Earth to car- us. name a few, who have abandoned their ing for refugees. But being compas- This body should not be engaged in country and joined with the terrorists sionate doesn’t mean we are suicidal. It political games. We should be focused in waging war against us. Just this doesn’t mean we invite to America, we on the threat and keeping America safe week, the CIA Director testified to the invite to our homes people who the FBI and defeating radical Islamic terror- Senate that more are coming; ISIS in- cannot tell us if they are terrorists or ists. tends to send individuals back here to not. As we remember the victims of this wage jihad. What should this Senate be doing? latest terror attack, the greatest me- Rather than engaging in political We shouldn’t be engaging in a sideshow morial we can give to them is to redou- showmanship, trying to gain partisan of gun control. By the way, I will say ble ourselves to a seriousness of pur- advantage in the November election, on behalf of a lot of American citizens, pose to prevent the next terror attack how about we come together and say: If in the wake of this terror attack, it is from taking innocent American lives. I you join ISIS, you are not using a U.S. offensive. I sat in that chair and pre- hope that is what this body does. I hope passport to come back here and murder sided yesterday over some of the show. we do so in a bipartisan manner. American citizens. That ought to be a It was offensive to see Democrat after I yield the floor. unanimous agreement if we were fo- Democrat prattling on about the NRA. The PRESIDING OFFICER (Mrs. cused on keeping this country safe. It wasn’t the NRA that murdered 49 ERNST). The Senator from Vermont. Likewise, let’s talk about the prob- people in Orlando. It wasn’t the NRA Mr. LEAHY. Madam President, I am lem of refugees. What are the con- that set up pressure cookers in the a proud cosponsor of the Comprehen- sequences of the willful blindness of Boston bombing. It wasn’t the NRA sive Addiction and Recovery Act, and I this administration that President that murdered 14 innocent souls at am glad that this important bill is now Obama, in the face of this terror at- Fort Hood. It is offensive to play polit- going to be moving to conference. I am tack, says that he will admit some ical games with the constitutional glad that as the senior Democrat on 10,000 Syrian Muslim refugees, despite rights of American citizens instead of the Judiciary Committee, I will be a the fact that the FBI Director has told getting serious about keeping this conferee. Congress he cannot possibly vet them country safe. Beyond the idea of being a conferee, to determine if they are terrorists? I would urge this body to take up it is urgent that we find comprehensive Here is what FBI Director Comey both pieces of legislation—the Expa- and real solutions to the epidemic of said: triate Terrorist Act to prevent terror- heroin and prescription opioid abuse. I am in Vermont many times a month. I We can only query against that which we ists from using U.S. passports to come have collected. And so if someone has never back to America and TRIPA to prevent hear from people I know and from some made a ripple in the pond in Syria in a way refugees from countries with majority I do not know. They are in the grocery that would get their identity or their inter- control, major control from ISIS or Al stores, on the street, even coming out est reflected in our database, we can query Qaeda from coming in, ISIS terrorists of church on Sunday. They are telling our database until the cows come home, but as refugees. Those would be common- me of their concerns either within there will be nothing to show up because we sense steps. The overwhelming major- their own family or in their own neigh- have no record of them. ity of Americans would agree. Yet, in borhood with the problems of opioid This is an FBI Director who was ap- this politicized environment, that is abuse. Communities throughout the pointed by President Obama who is not what our friends on the other side Nation are grappling with this issue, telling the administration they cannot of the aisle want to talk about. Until whether they are in urban areas or vet these refugees. Yet what does the we get serious about defeating radical rural areas or a State such as the Pre- administration say? What does Hillary Islamic terrorists, we will continue to siding Officer and I represent that has Clinton say? What do the Senate lose innocents. a mixture of both urban and rural. Democrats say? Let the refugees in, I would note one aspect of the attack I think the Federal Government has even though ISIS is telling us they are on Sunday morning. It was widely re- to do its part to provide the support

VerDate Sep 11 2014 01:09 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G16JN6.021 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4282 CONGRESSIONAL RECORD — SENATE June 16, 2016 necessary to sustain those efforts. It It needs an oversight board that rep- Oversight Board may impose manda- means real money. For rural commu- resents the people, the U.S. citizens of tory cuts on Puerto Rico’s government nities, which are predominantly the Puerto Rico, their needs and their con- and instrumentalities—a power far be- communities in my home State of cerns, and acknowledges and respects yond that exercised by the Control Vermont, it means better access to the their Democratic rights as Americans, Board established for the District of opioid antidote Naloxone, which saves but, sadly, the legislation passed by Columbia, when there was a control lives. I have held hearings throughout the House last week falls far short of board, when the District of Columbia Vermont, and I have heard from not what we need on several fronts. Instead found itself in Fiscal Challenge.’’ only the police but physicians, the of offering a clear path to restruc- The fact that the Puerto Rican peo- faith community, parents, teachers, turing, it creates more obstacles. It ple will have absolutely no say over and others that Naloxone can save creates a supermajority 5-to-2 vote by who is appointed or what action this lives. an unelected control board to get to Board decides is blatant It is really not a question of whether the possibility of restructuring that neocolonialism. Instead, their fate will there is a heroin-opioid epidemic; the could derail the island’s attempts to be determined by seven unelected, un- question is how quickly we can re- achieve sustainable debt payments. accountable members of a so-called spond. We have to act now. The Amer- Without any authority to restructure oversight board that will act as a vir- ican people expect us to, and that is an its debt, all this legislation will do is tual oligarchy and impose their un- expectation they are justified to have. take away the Democratic rights of 31⁄2 checked will on the island. If the Board So let us fulfill the expectation. million Americans and leave the future uses the superpowers in this bill to I support the efforts by my neighbor to wishful thinking and a prayer that close schools, shutter more hospitals, from New Hampshire, Senator SHA- the crisis will somehow be resolved. cut senior citizens’ pensions to the HEEN, and I support her motion to in- Even if the board did allow restruc- bone, if it decides to hold a fire sale struct conferees to provide funding for turing after a series of hurdles, it will and put Puerto Rico’s natural wonders State and local efforts to combat the come at a steep price, and that price is on the auction block to the highest opioid epidemic. the right of self-governance. bidder, if it puts balanced budgets I also support my fellow New In return for being able to rework its ahead of the health, safety, and well- Englander, Senator WHITEHOUSE, in his debts, the people of Puerto Rico will be being of children and families similar motion to instruct conferees to address forced to relinquish their fundamental to the control board travesty that un- the needs of rural communities. I come right to govern themselves and make folded in Flint, there will be nothing from a State of 625,000 people—625,000 their own decisions, the very same the people of Puerto Rico or their very special people. It is very rural. We rights we fought to secure in a revolu- elected representatives can do to stop need the help. I support Senator tion 240 years ago. them. WHITEHOUSE in this. What I am saying shouldn’t come as Of course the bill doesn’t stop there. I see other Senators on the floor, so a surprise to anyone who read the It also provides an exception to the I yield the floor. House Natural Resources Committee Federal minimum wage for younger The PRESIDING OFFICER. The Sen- report, which was unequivocal when workers, and it exempts the island ator from New Jersey. describing the vast powers this control from recently finalized overtime pro- PUERTO RICO board will exercise, which we will be tections. At a time when we are work- Mr. MENENDEZ. Madam President, I voting on. ing to increase workers’ wages, the rise today to be a voice for the 31⁄2 mil- In an analysis by the nonpartisan people in the country have said lion citizens living on the island of Congressional Budget Office, it states: through this election process: My Puerto Rico. I rise so their concerns for ‘‘The board would have broad sovereign wages are stagnant, and I feel I can’t themselves, their families, and their powers to effectively overrule decisions meet the challenges of myself and my livelihoods will be heard—to ask that by Puerto Rico’s legislature, governor family, PROMESA goes in the opposite we improve House-passed legislation and other public authorities.’’ direction, and it actually cuts workers’ known as PROMESA. The word Let me repeat that. They will have wages. It amazes me that the solution ‘‘promesa’’ in English would mean broad sovereign powers. Words have to get Puerto Rico’s economy growing ‘‘promise,’’ but the only thing the consequences and meaning in legisla- again is to ensure that workers make House bill promises the people of Puer- tion and in law. They will have broad even less money. The island consists of to Rico is years of subjugation at the sovereign powers to effectively over- 31⁄2 million U.S. citizens, 40 percent of hands of an anti-democratic control rule decisions made by the elected gov- which are below the Federal poverty board. ernment of the 31⁄2 million U.S. citizens level, and now we are going to cut their All of us in this Senate will soon be who call Puerto Rico their home. wages. Lowering people’s wages is not faced with an immediate and serious The Congressional Budget Office a pro-growth strategy. What it is, is a choice, one which will have profound went on to say that the Board can ‘‘ef- pro-migration strategy. All it will do is consequences on the people of Puerto fectively nullify’’—cancel, goodbye, intensify outmigration to the main- Rico for a generation. I have said from hasta la vista—‘‘any new laws or poli- land, where people who are U.S. citi- the beginning, in terms of the chal- cies adopted by Puerto Rico that did zens and happen to live in Puerto Rico lenge Puerto Rico has—a $70 billion not conform to requirements specified are eligible for a higher minimum wage debt; pays one-third of every dollar it in the bill.’’ So not only can the con- here, where they would have common- receives toward paying interest, which trol board set budgets and fiscal policy, sense overtime protections, are eligible is unsustainable for them and it also has the power to veto other for full Medicare, Medicaid reimburse- unsustainable for any governmental laws. Essentially, this means that the ment, are eligible for the child tax entity that would face that challenge; Board combines—think of this—the credit as they try to raise their child made tough, horrible decisions—closed legislative powers of Congress with the and realize their hopes and dreams and schools, closed hospitals, reduced pub- veto powers of the Executive to form aspirations, are eligible for the earned- lic safety—and still cannot meet the an omnipotent entity, the powers income tax credit—all they have to do challenge. They need a clear path to re- which are virtually unprecedented. We is take one flight to the United States. structuring. That is not a bailout. A talk about checks and balances in our Yet we somehow think that a policy bailout is when somebody has a debt, government as one of the creations by that subjugates these 31⁄2 million citi- you bring them the money and say, OK, the Founders which was essential to a zens and takes away essential rights we are going take care of your debt, modern democracy. Well, we obliterate they have as American citizens is going but that is not the case. Restructuring the checks and balances and the rights to be a good fiscal policy for us as well. is about taking the debt you have and of the people of Puerto Rico by having Every time I talk about my brothers giving the wherewithal for that debt to an omnipotent entity, the powers of and sisters in Puerto Rico, I like to re- be restructured in a way that is both which are virtually unprecedented. mind my colleagues in this Chamber sustainable and can take care of the As the bill’s own author noted in the and in the other that they have fought obligations therein. markup memo, and I quote, ‘‘[T]he on behalf of America since World War

VerDate Sep 11 2014 01:09 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G16JN6.022 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 16, 2016 CONGRESSIONAL RECORD — SENATE S4283 I. They have fought in World War II, districts deserve more than the Senate Mr. LEAHY. Madam President, I un- the Korean war, Vietnam, Desert holding its nose to improve an inferior derstand that prior to the cloture vote, Storm, Desert Shield, Iraq, Afghani- solution. the Democratic side still had some stan, and the War on Terror. As a mat- I am pleased to say that this senti- time. I yield back that time. ter of fact, if you go and visit the Viet- ment has some bipartisan support. I The PRESIDING OFFICER. All time nam Memorial as it commemorates its sent a letter, with Senator WICKER, to is yielded back. 50th anniversary, you will find a dis- Senate leadership asking for a full and CLOTURE MOTION proportionately high number of Puerto thorough debate. I hope we do not get Pursuant to rule XXII, the Chair lays Rican names etched in that solemn jammed at the final moment as an at- before the Senate the pending cloture black stone as compared to the rest of tempt to push an undemocratic bill motion, which the clerk will state. the American population. through the Senate by waiting until The bill clerk read as follows: I remember being in the Visitor Cen- the very end of this session as a tac- ter when the Speaker of the House had tical maneuver to avoid a thoughtful CLOTURE MOTION a celebration of the 65th Infantry Divi- debate and an opportunity for amend- We, the undersigned Senators, in accord- sion, an all-Puerto Rican division, one ments. ance with the provisions of rule XXII of the Standing Rules of the Senate, do hereby of the most highly decorated in U.S. I took Majority Leader MCCONNELL move to bring to a close debate on the mo- history, known as the Borinqueneers. at his word when he said: ‘‘We need to tion to disagree to the House amendments, They received the Congressional Gold open up the legislative process in a way agree to the request from the House for a Medal, the highest honor Congress that allows more amendments from conference, and the Presiding Officer appoint gives any citizen. both sides.’’ I am hopeful he will honor the following conferees: Senators Grassley, We talked about their enormous con- that commitment. Alexander, Hatch, Sessions, Leahy, Murray, tributions, their sacrifices on behalf of Like some of my colleagues, I was and Wyden with respect to S. 524, a bill to the Nation. These men and women— once a Member of the House of Rep- authorize the Attorney General and Sec- many of whom gave their lives—still retary of Health and Human Services to resentatives, and I have enormous re- award grants to address the national serve so we can remain the land of the spect for that Chamber, but I didn’t get epidemics of prescription opioid abuse and free. They will go back home to where elected to the Senate to abdicate my heroin use, and to provide for the establish- their freedom and their right to self- responsibility and simply rubberstamp ment of an inter-agency task force to review, governance will be stripped. These he- whatever bills come over from the modify, and update best practices for pain roes deserve the same rights and re- House of Representatives. I would hope management and prescribing pain medica- spect as U.S. citizens in New Jersey, we would immediately call up this bill tion, and for other purposes. Wisconsin, Pennsylvania, Florida, for debate and do what we were elected John McCain, John Cornyn, Marco Utah, or any other State in the Nation, Rubio, Deb Fischer, Rob Portman, to do—fix problems and make the lives Roger F. Wicker, Richard Burr, Joni but what this bill tells the people of of the American people better. Ernst, David Vitter, James M. Inhofe, Puerto Rico is this: Though you may Just because these 31⁄2 million citi- Dean Heller, Pat Roberts, Lamar Alex- be good enough to wear the uniform of zens are Puerto Rican, they are no less ander, Ron Johnson, Tom Cotton, your country, you may be good enough a citizen than you or the Presiding Of- Thom Tillis, Mitch McConnell. to fight and die to defend the United ficer or my colleagues who are on the The PRESIDING OFFICER. By unan- States, you are not good enough to floor or those who get to serve in this imous consent, the mandatory quorum make your own decisions, govern your- institution. They deserve better. They call has been waived. self, and have a voice in your own fu- deserve better than to be jammed with The question is, Is it the sense of the ture. an undemocratic process that will af- Senate that debate on the motion to I am not advocating to completely fect their lives in ways far beyond any- disagree to the House amendments, remove all oversight powers—to the body in this Chamber would be willing agree to the request by the House for a contrary. I support helping Puerto to accept. conference, and to appoint conferees Rico make informed, prudent decisions With that, I yield the floor. with respect to S. 524, a bill to author- that put it on the path to economic I suggest the absence of a quorum. ize the Attorney General to award growth and solvency. Despite its name, The PRESIDING OFFICER. The grants to address the national the oversight board envisioned by this clerk will call the roll. epidemics of prescription opioid abuse bill doesn’t simply oversee, it directs The bill clerk proceeded to call the and heroin use, shall be brought to a and commands. It doesn’t assist. It ab- roll. close? solutely controls potentially every sig- Mr. VITTER. Madam President, I ask The yeas and nays are mandatory nificant public policy decision that af- unanimous consent that the order for under the rule. 1 fects those 3 ⁄2 million U.S. citizens. the quorum call be rescinded. The clerk will call the roll. The Senate has an opportunity to The PRESIDING OFFICER. Without The bill clerk called the roll. change that situation. We have a objection, it is so ordered. Mr. CORNYN. The following Senator chance to improve this bill and strike Mr. VITTER. Madam President, I ask is necessarily absent: the Senator from the right balance. I want the oppor- unanimous consent that the manda- Florida (Mr. RUBIO). tunity to offer a number of targeted, tory quorum call be waived. Further, if present and voting, the commonsense amendments to restore a The PRESIDING OFFICER. Without Senator from Florida (Mr. RUBIO) proper balance and ensure the people of objection, it is so ordered. would have voted ‘‘yea.’’ Puerto Rico have a say in their future Mr. VITTER. Madam President, I ask Mr. DURBIN. I announce that the and to temper the powers of the con- unanimous consent that following and Senator from California (Mrs. BOXER), trol board and give the people of Puer- notwithstanding the adoption of the the Senator from Florida (Mr. NELSON), to Rico more of a say as to who is on compound motion to go to conference and the Senator from Vermont (Mr. the Board that is going to determine on S. 524, that Senator SHAHEEN and SANDERS) are necessarily absent. their future for quite some time. Senator WHITEHOUSE or their designees I know, as all of us do, that success is be recognized to each offer a motion to The PRESIDING OFFICER (Mr. never guaranteed, but at the very instruct conferees and that there be 2 HOEVEN). Are there any other Senators least, the people of Puerto Rico deserve minutes of debate equally divided on in the Chamber desiring to vote? a thorough and thoughtful debate on the motions, and that following the use The yeas and nays resulted—yeas 95, the Senate floor. or yielding back of that time, the Sen- nays 1, as follows: I do not take lightly, nor should my ate vote on the motions to instruct [Rollcall Vote No. 100 Leg.] colleagues, a decision to infringe upon conferees with no intervening action or YEAS—95 the Democratic rights of the 31⁄2 mil- debate. Alexander Blunt Capito lion U.S. citizens in Puerto Rico. Those The PRESIDING OFFICER. Is there Ayotte Booker Cardin Baldwin Boozman Carper 31⁄2 million American citizens living in objection? Barrasso Brown Casey Puerto Rico and their 5 million family Without objection, it is so ordered. Bennet Burr Cassidy members living in our States and our The Senator from Vermont. Blumenthal Cantwell Coats

VerDate Sep 11 2014 01:09 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G16JN6.023 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4284 CONGRESSIONAL RECORD — SENATE June 16, 2016 Cochran Hoeven Reed I ask for the yeas and nays. the desk, which I ask the clerk to re- Collins Inhofe Reid The PRESIDING OFFICER. Is there a port. Coons Isakson Risch Corker Johnson Roberts sufficient second? The PRESIDING OFFICER. The Cornyn Kaine Rounds There appears to be a sufficient sec- clerk will report the motion. Cotton King Sasse ond. The senior assistant legislative clerk Crapo Kirk Schatz The yeas and nays were ordered. read as follows: Cruz Klobuchar Schumer C Daines Lankford Scott Mr. M CONNELL. Mr. President, it is The Senator from Rhode Island [Mr. Donnelly Leahy Sessions my understanding that the next vote, WHITEHOUSE] moves that the managers on Durbin Manchin Shaheen the Whitehouse vote, can go by a voice the part of the Senate at the conference on Enzi Markey Shelby the disagreeing votes of the two Houses on Ernst McCain vote—sorry about that. Stabenow the House amendments to the bill S. 524 (the Feinstein McCaskill The PRESIDING OFFICER. Is there Sullivan Comprehensive Addiction and Recovery Act Fischer McConnell debate in opposition to the Senator’s Flake Menendez Tester of 2016) be instructed— Franken Merkley Thune motion? (1) to reject proposals that would replace Gardner Mikulski Tillis Mr. MCCONNELL. Mr. President, I the individual prevention, treatment, law en- Gillibrand Moran Toomey yield back the remainder of our time. forcement, and recovery programs author- Graham Murkowski Udall ized in S. 524, including the incentive grant Vitter The PRESIDING OFFICER. All time Grassley Murphy program authorized in section 601, with a Hatch Murray Warner is yielded back. Heinrich Paul Warren The question is on agreeing to the single grant program with multiple allow- Heitkamp Perdue Whitehouse motion. able uses; (2) to insist that the final conference re- Heller Peters Wicker The yeas and nays have been pre- Hirono Portman Wyden port include authorizations explicitly des- viously ordered. ignated for grants to States, and in the case NAYS—1 The clerk will call the roll. of States that do not have prescription drug Lee The senior assistant legislative clerk monitoring programs, units of local govern- NOT VOTING—4 called the roll. ment that do have such programs, to Mr. CORNYN. The following Senator strengthen the use of and make improve- Boxer Rubio ments to prescription drug monitoring pro- Nelson Sanders is necessarily absent: the Senator from grams; Florida (Mr. RUBIO). The PRESIDING OFFICER. On this (3) to insist that the final conference re- vote, the yeas are 95, the nays are 1. Mr. DURBIN. I announce that the port address the unique needs of rural com- Three-fifths of the Senators duly cho- Senator from California (Mrs. BOXER), munities, which are among the hardest hit sen and sworn having voted in the af- the Senator from Vermont (Mr. by opioid abuse in the United States and are firmative, the motion is agreed to. LEAHY), the Senator from Florida (Mr. often in the most dire need of improved The question occurs on agreeing to NELSON), and the Senator from emergency services and more accessible Vermont (Mr. SANDERS) are necessarily treatment infrastructure; the compound motion to go to con- (4) to insist that the final conference re- ference on S. 524. absent. The PRESIDING OFFICER. Are there port authorize those provisions of S. 1641 The motion was agreed to. that were approved by the Committee on The PRESIDING OFFICER. The Sen- any other Senators in the Chamber de- Veterans’ Affairs of the Senate; and ator from New Hampshire. siring to vote? (5) to insist that the final conference re- The result was announced—yeas 66, port include the provisions of S. 1455 as re- MOTION TO INSTRUCT nays 29, as follows: ported by the Committee on Health, Edu- Mrs. SHAHEEN. Mr. President, I [Rollcall Vote No. 101 Leg.] cation, Labor, and Pensions of the Senate. have a motion to instruct the conferees Mr. WHITEHOUSE. Colleagues, this at the desk, which I ask the clerk to YEAS—66 Alexander Franken Murphy motion to instruct has bipartisan sup- report. port from the authors of CARA. It re- The PRESIDING OFFICER. The Ayotte Gillibrand Murray Baldwin Graham Paul flects the bipartisan work that was clerk will report the motion. Bennet Grassley Peters done on CARA, and we hope that this The senior assistant legislative clerk Blumenthal Heinrich Portman motion to instruct will get a strong bi- read as follows: Booker Heitkamp Reed Brown Hirono Reid partisan vote. The Senator from New Hampshire [Mrs. Burr Hoeven Roberts This motion supports the bipartisan SHAHEEN] moves that the managers on the Cantwell Isakson Rounds Senate work on the CARA bill that part of the Senate at the conference on the Capito Kaine Schatz disagreeing votes of the two Houses on S. 524 Cardin King Schumer passed this body 94 to 1. It supports the (the Comprehensive Addiction and Recovery Carper Kirk Shaheen bipartisan language worked out be- Casey Klobuchar Stabenow tween Senator BLUNT and Senator Act of 2016) be instructed to insist that the Cassidy Manchin Tester final conference report include funding for Coats Markey Thune MCCASKILL on the Missouri county pre- prevention, treatment, and recovery associ- Cochran McCain Toomey scription drug management program ated with state and local efforts needed to Collins McCaskill Udall issue. It supports a focus on the rural combat the national heroin and opioid epi- Coons Menendez Warner communities for which opioid has been demic. Cruz Merkley Warren Donnelly Mikulski Whitehouse a plague, which is a bipartisan concern. The PRESIDING OFFICER. There Durbin Moran Wicker It supports the passed bipartisan will be 2 minutes equally divided for Feinstein Murkowski Wyden version of the veterans opioids measure debate. NAYS—29 from the Senate Committee on Vet- The Senator from New Hampshire. Barrasso Fischer Perdue erans’ Affairs. And it supports the Sen- Mrs. SHAHEEN. Mr. President, the Blunt Flake Risch ate HELP Committee’s passed bipar- opioid crisis is a national public health Boozman Gardner Sasse tisan version of the bipartisan TREAT emergency, and it is long past time Corker Hatch Scott Cornyn Heller Act. that Congress treat it like one. It is Sessions Cotton Inhofe Shelby If we can pull together as a Senate, shattering families and communities, Crapo Johnson Sullivan we can have a really great bill. Please especially in New Hampshire but also Daines Lankford Tillis Enzi Lee send the conferees a strong bipartisan Vitter all across this country. In New Hamp- Ernst McConnell vote. shire, we are losing a person a day to I yield the floor. drug overdoses. NOT VOTING—5 The PRESIDING OFFICER. The Sen- The CARA bill is a good bill. I co- Boxer Nelson Sanders ator from Ohio. sponsored it. I think it is important. Leahy Rubio Mr. PORTMAN. Mr. President, I con- But without real dollars, it is the The motion was agreed to. cur in the comments of my colleague. equivalent of offering a life preserver The PRESIDING OFFICER. The Sen- This is the CARA legislation which with no air in it. ator from Rhode Island. passed here on a 94-to-1 vote. This is I urge all of my colleagues to support MOTION TO INSTRUCT simply a motion saying we support this motion to instruct and support Mr. WHITEHOUSE. Mr. President, I what we have already passed. I urge my real funding in this bill. have a motion to instruct conferees at colleagues to support it.

VerDate Sep 11 2014 01:42 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A16JN6.006 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 16, 2016 CONGRESSIONAL RECORD — SENATE S4285 The PRESIDING OFFICER. All time give this speech, I must admit I was Within 48 hours, these men and is yielded back. overwhelmed with emotion. One year women set the tone for my grieving The question is on agreeing to the ago tomorrow, a brutal attack, fueled city, my grieving State, and my griev- motion. by hate, led to the deaths of nine pa- ing Nation. On Friday morning, about Mr. WHITEHOUSE. I ask for the yeas rishioners at Mother Emanuel AME 36 hours later, looking into the killer’s and nays. Church in my hometown of Charleston, eyes, they said to the killer of their The PRESIDING OFFICER. Is there a SC. family members: ‘‘I forgive you.’’ sufficient second? A year later, the idea that someone’s Family member after family mem- There appears to be a sufficient sec- heart could be filled with so much ber, nine consecutive times, to the ond. anger and venom is still jarring. shock and the amazement of the world The clerk will call the roll. Then, over the weekend, we saw it that was watching, said: ‘‘I forgive The legislative clerk called the roll. again. In Orlando, FL, a brutal attack, you.’’ Your life can be better in God’s Mr. CORNYN. The following Senators fueled by hate, led to the deaths of 49 hands. are necessarily absent: the Senator people at the Pulse nightclub. This was Those of us here today cannot even from Oklahoma (Mr. INHOFE) and the an assault against the people of Or- imagine how hard that must have Senator from Florida (Mr. RUBIO). lando, the State of Florida, and the been—how in their immense grief, Mr. DURBIN. I announce that the United States as a whole. these families chose to take this Senator from California (Mrs. BOXER), We can, and we will, have a much unique path. But they did. We as a na- the Senator from Vermont (Mr. longer discussion on ISIS, Islamic ter- tion, as a State, and certainly as a city LEAHY), the Senator from Florida (Mr. ror, and the steps that must be taken are forever thankful. NELSON), and the Senator from in those areas. But today, as Orlando I am fortunate enough to have had mourns and Charleston remembers, I Vermont (Mr. SANDERS) are necessarily the opportunity to talk to many and absent. want to return to 365 days ago and all of the families at some point. I con- The result was announced—yeas 70, show how, with the world watching, tinue to be amazed at their grace, their nays 24, as follows: love overcame hate. dignity, and their righteousness. They On the night of June 17, 2015, I was [Rollcall Vote No. 102 Leg.] have truly been the rock on which we here in Washington. Much like this all stand. In the days and weeks after YEAS—70 week, we were debating the NDAA and the shooting, Charleston and South Alexander Gillibrand Murphy our military priorities. But in Charles- Carolina came together like never be- Ayotte Graham Murray ton, there was a Bible study. Cynthia Baldwin Grassley fore. As the clergy and parishioners at Paul Hurd, Susie Jackson, Ethel Lee Lance, Bennet Hatch Peters Mother Emanuel said after the attack: Blumenthal Heinrich Depayne Middleton-Doctor, Tywanza Portman ‘‘Wrong church, wrong people, wrong Blunt Heitkamp Reed Sanders, Daniel Simmons, Sharonda day.’’ Booker Hirono Reid Coleman-Singleton, Myra Thompson, Boozman Hoeven Rounds It was the wrong place to try and sow Brown Isakson Felicia Sanders and her 5-year-old Schatz the seeds of discord. It was the wrong Burr Johnson granddaughter, Polly Sheppard, and Schumer people to try and break their faith and Cantwell Kaine my friend, the Reverend Clementa Capito King Shaheen the wrong day to try and bring down Stabenow Pinckney, had gathered together for a Cardin Kirk the people of South Carolina. Sullivan Bible study at Mother Emanuel. Carper Klobuchar Last summer, we saw chapters of his- Casey Manchin Tester Among them was a young man who Cassidy Markey Thune was new to Emanuel—a young man tory close and new ones open. While Collins McCain Tillis the debate over the Confederate flag Coons McCaskill Udall they welcomed into their presence with God’s love. While they did not and may be the most widespread symbol of Cruz McConnell Vitter Emanuel’s aftermath, the actions and Donnelly Menendez Warner could not possibly see the darkness in Durbin Merkley Warren his heart, they showed him the loving words of folks across Charleston and Feinstein Mikulski Whitehouse nature of their own hearts—so much so South Carolina are the most enduring. Fischer Moran Wyden Looking ahead, we have come so far, Franken Murkowski that he later told police that he al- but we certainly still face many chal- NAYS—24 most, almost did not go through with this vicious, vile attack because every- lenges. It is going to take a lot of effort Barrasso Enzi Risch one was so nice to him. But, tragically, and strength to stand together in times Coats Ernst Roberts of division. It is going to be hard some- Cochran Flake Sasse almost was not enough. Corker Gardner Scott In an instant, the horrors unleashed times in a world that is too often so Cornyn Heller Sessions by this young man changed South full of hate to know that we are still Cotton Lankford Shelby taking steps forward, and it is going to Crapo Lee Toomey Carolina forever. I remember getting a Daines Perdue Wicker phone call about 9 o’clock p.m. on that require a continuing conversation on Wednesday night from one of my issues that are uncomfortable for some NOT VOTING—6 friends at the Sheriff’s office about the but necessary for all. Boxer Leahy Rubio So where are we headed from here? Inhofe Nelson Sanders shooting at Mother Emanuel. Reports continued to come in, and so I texted Three words show where I believe that The motion was agreed to. my friend, Clementa Pinckney, hoping we, as a nation, are headed. These f that he would respond and tell me what three words show where I believe we, as a nation, must head. They are simple COMMERCE, JUSTICE, SCIENCE, was going on at the church. words—words found in 1 Corinthians 13: AND RELATED AGENCIES APPRO- I am looking at my texts from June faith, hope, and love. We saw these in PRIATIONS ACT, 2016—Continued 17, 2015, at 10:31 p.m. I asked him: Are you and your parishioners OK? It was abundance throughout South Carolina The PRESIDING OFFICER (Mr. CAS- met with silence—silence that is still over the past year, and they remain SIDY). The Senator from South Caro- deafening, silence that I will never for- our final goal. lina. get. As I head back to Charleston tonight, Mr. SCOTT. Mr. President, I ask He should have been able to text I will be thinking about the events unanimous consent that the Senate be back. He should have been able to go honoring the Emanuel nine tomorrow. in a period of debate only for the next home and see his family, raise his I am certain there will be tears—lots of 30 minutes. daughters. He should have been able to tears. There will be moments, as there The PRESIDING OFFICER. Is there have gone on and finished his work as have been in the last few minutes, objection? a State senator in the statehouse and when it will be hard to speak, to truly Without objection, it is so ordered. to continue spreading God’s love. As we show what all of this means to all of REMEMBERING THE VICTIMS OF THE MOTHER people of faith know, sometimes things us, but the world will also see this from EMANUEL AME CHURCH MASS SHOOTING simply don’t go as they are planned. Charleston, SC: They will see that you Mr. SCOTT. Mr. President, a few But as the families of the Emanuel can cannot destroy love with hate and weeks ago, when I started preparing to nine showed you, God had a plan. that you cannot kill the spirit. We

VerDate Sep 11 2014 01:42 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G16JN6.033 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4286 CONGRESSIONAL RECORD — SENATE June 16, 2016 have not been torn down by this fury of thought of somebody being able to do than being petty and thinking of a rea- hate, but instead we will continue to that. But what woke us up was the way son you were wronged. It feels good. build a bridge, brick by brick, to a fu- the families behaved. But every now and then I catch myself. ture without hate, a future filled with Senator SCOTT indicated that within I go back to last year and wake up and faith, hope, and love. 48 hours of the killing, there was an ar- realize that there is a better way. I will close by asking one more time, raignment of the accused, and all the To those who showed us that better as I did a little more than a year ago in family members appeared in court. In- way, I know your pain is as real as it this very same place for a moment of stead of taking to the streets and was on the day this happened. I know silence to remember Cynthia Hurd, showing their frustration with a sys- you will never get over it, but I hope Susie Jackson, Ethel Lee Lance, tem that I am sure can always be made you realize that your loved ones did Depayne Middleton-Doctor, Tywanza better and is far from perfect, they de- not die in vain because, through their Sanders, Daniel Simmons, Sharonda cided to channel their grief into some- tragic deaths, you gave us—not just in Coleman-Singleton, Myra Thompson, thing constructive, not destructive, South Carolina but throughout the and my good friend and former State and I promise you I could not have world—the way forward. Whether we Senator, the Reverend Clementa done this. If this had been one of my choose it or not is up to us. You have Pinckney. family members, I know LINDSEY GRA- done all you could do and then some. You are forever in our hearts. HAM well enough to know I could not To the people of South Carolina: I am The PRESIDING OFFICER. The Sen- have done this. I consider myself per- proud of the way we handled this trag- ator from South Carolina. son of faith but lacking when it comes edy, but we have a long way to go. This Mr. GRAHAM. Mr. President, I wish to folks at Mother Emanuel AME weekend will be tough throughout our to thank Senator SCOTT for his elo- Church. Nadine Collier, the daughter of State, and as we look back, let’s make quent words on behalf of our State and Ethel Lance, who was 70 years old, said sure that we learn from the past and the leadership he has provided since the following, as her voice was break- apply it to the future. If we can take this horrible tragedy a year ago. ing: that love and forgiveness and apply it What can I add? I will just remind You took something very precious from in a constructive way to future prob- people who might not remember why me. I will never talk to her again. I will lems in South Carolina, then we will he did it that his goal was to start a never, ever hold her again. But I forgive you. have honored these victims and their race war. Well, he failed miserably. And have mercy on your soul. families. If we go back to our petty Quite the opposite happened in my That is what is different. That is why ways, they will have died for nothing. State. I have never seen anything quite the people of South Carolina followed Here is my bet: South Carolina is like it. her lead. She and the victims touched never going to go back because the peo- We have had our fair share of prob- our hearts. They appealed to our better ple of Mother Emanuel AME Church lems in South Carolina, and still do, nature and reminded us of what hu- showed us the way. It is up to us to fol- but churches all over the State were manity is all about. It is about love low them, and I will do my best to fol- filled. Black, White, rich, poor—all and forgiveness. Politicians—we can low their lead. came together to help each other. So take all the credit we want, but if To the people throughout the coun- this young man’s dream of starting a these people had not done this, it try who have been generous to this race war was a miserable failure. would have been a different result. I church, thank you for the dollars that I am sure this guy who attacked the could have talked until I was blue in have been raised. It is appreciated. nightclub in Orlando wanted to break the face. If people had chosen to be Thank you for your prayers and the our will and try to get us to kowtow to angry, there was no way in hell I could support you have given. It was essen- a radical form of religion. Well, you are have talked them into not being angry tial. You helped us in our time of not going to break a will. We will all because they have every right to be greatest need. stand behind the folks in Orlando and angry. But because these people did On behalf of the people of South come together as a nation as best we what they did in open court, the rest of Carolina to the people of this great can. us followed behind and followed their land, thank you for having us in your Senator SCOTT said it is hard to un- lead. prayers and for your support and for derstand the hate that someone has to A year later I am here to tell you being there for us a year ago when we do what these two people did. What that the reason South Carolina handled needed you the most. blows my mind is how someone can go this so well, in my view, is that the I yield the floor. and sit in a Bible study for an hour, people in that church chartered a path The PRESIDING OFFICER. The Sen- after being welcomed in off the street for the rest of us, and we were smart ator from Michigan. to discuss the Word of God, and then enough to follow their lead. It would be PIPES ACT get up and shoot the people you have nice if, in the future, when we get mad Mr. PETERS. Mr. President, this been praying with. I don’t know how at each other here in this body and week I was pleased that the Senate you get there. Only God knows that. other places throughout the country acted unanimously to pass a pipeline And what this man did in Orlando was over something maybe not as impor- safety bill that will help ensure the beyond vicious. tant as losing a loved one, we could safety of our Nation’s vast energy pipe- Here is a question that I have asked slow down for just a moment and try to line network. myself a thousand times, and I am be- imagine how things would be different The bipartisan bill, known as the ginning to understand the answer: Why if we could draw upon the example of PIPES Act of 2016, now heads to the was it different in South Carolina? We the families of the fallen. President’s desk to be signed into law. have had shootings throughout the Look what we argue about. Look how Safely transporting energy to our com- country where people took to the we interact in America today over munities and businesses is a goal that streets. There were riots, sores were things not quite as significant as hav- we all share. It was encouraging to see exposed, and scabs were pulled off old ing your loved one gunned down. If you my colleagues come together on both wounds. What was it about South Caro- really want to honor what happened in sides of the aisle and on both sides of lina that was different? I promise you South Carolina, as an individual and a the Capitol, as well, to come up with a that we are not a perfect people. I society, whenever you can, remember final product that will improve pipe- promise you that under the right cir- what the people in that church did line safety and oversight. cumstances, what you saw in other after losing their loved ones, and try to With more than 2.6 million miles of places in the country would have hap- follow their lead. That would be the oil and gas pipelines across this Na- pened in South Carolina. greatest respect you could pay to those tion, the energy industry must work Here is the difference: We were all in families and the greatest honor you together at all levels of government in such a state of shock that somebody could give to those who died for no order to protect lives, communities, could come into a church and just ran- good reason. and our environment. Pipelines can be domly kill the people they prayed with. I need to follow my own advice. one of the safest ways to move oil and It was hard to get our heads around the There is no better feeling in the world gas products; however, we have seen

VerDate Sep 11 2014 01:42 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G16JN6.036 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 16, 2016 CONGRESSIONAL RECORD — SENATE S4287 truly devastating explosions and spills would be especially relevant for pipe- A study by the Treasury Inspector with pipelines, including in my home lines running through the Great Lakes, General for Tax Administration found State of Michigan. The cost to clean up especially the twin oil pipelines resting that in more than a third of the cases an oil spill from a pipeline break near on the lakebed in the Straits of Mack- reviewed, the IRS has tax returns on Marshall, MI, into the Kalamazoo inac. The bill also establishes emer- file which used the Social Security River has totaled over $1.2 billion. A gency order authority so that PHMSA number of a missing child. Of those, 46 similar spill in the Great Lakes would can take quick action to ensure safety percent had a new address on file, for a be devastating to our economy, envi- when pipelines pose an imminent 13.4-percent total. However, the IRS ronment, and drinking water supply. threat. cannot share this protected, confiden- The transition to a clean energy This bill goes beyond just addressing tial information with law enforcement economy is one of my top priorities, pipelines; it also directs the Depart- officials since the Tax Code prevents but in the meantime, as we push this ment of Transportation to issue min- the IRS from sharing the information transition forward, we cannot accept imum safety standards for underground unless specifically authorized as an ex- that pipeline spills are simply the cost natural gas storage facilities. The dan- ception to nondisclosure. of doing business. Our safety regulators gers of a leak from an underground Senator ENZI and Senator KLOBUCHAR must be equipped with the tools and storage facility was illustrated in a and I have introduced bipartisan legis- equipment to better prevent pipeline massive methane leak at a facility in lation, the Recovering Missing Chil- accidents, protect public safety, and California just a few short months ago dren Act, to aid in the recovery of demand accountability when things in- which resulted in evacuations and an missing children by providing a new variably go wrong. emergency declaration. These new tool to help law enforcement officials Our pipeline transportation system standards are especially important for locate missing children and their al- must be more transparent, and tech- my home State of Michigan because we leged abductors. The bill amends the nology will continue to provide better have more underground natural gas Internal Revenue Code to permit the insight into the pipeline network with- storage facilities than almost any disclosure of relevant tax information out compromising national security other State in the Union. explicitly for the purpose of aiding and proprietary information. Our land, Other sections of the PIPES Act en- criminal investigations into missing or air, water, and wildlife must be safe- courage collaboration on research, de- exploited children. Specifically, the act guarded against leaks and spills. By en- velopment, mapping, and technology ensures that select taxpayer informa- hancing safety standards, we can re- between Federal agencies, public tion will only be released to law en- duce waste and cleanup costs while stakeholders, and industry leaders. All forcement officials as part of a legiti- making sure we can proudly pass down of these constituencies were key to mate investigation or a judicial pro- a strong outdoor heritage to the next providing input into this bill. ceeding under the orders of a Federal I would like to thank Senators FISCH- generation. We can also create jobs for judge. our construction workers, pipefitters, ER, BOOKER, and DAINES, and of course The act amends the law to allow for steelworkers, and utility workers as we Chairman THUNE and Ranking Member Federal law enforcement to share in- upgrade pipelines and fit them with NELSON for their hard work on the formation on a limited basis with State state-of-the-art technology. PIPES Act. The Energy and Commerce and local law enforcement that are The PIPES Act will make strides in Committee and the Committee on part of the team directly involved in these and many other areas. I was espe- Transportation and Infrastructure in investigating and prosecuting such cially focused on creating measures to the House were also instrumental in cases. Many investigations into miss- safeguard against the catastrophic con- making changes and important im- ing and exploited children are con- sequences of an oil spill in our precious provements. ducted at the State and local level. waterways, especially the Great Lakes. As we continue to move forward and The act provides a commonsense fix Thanks to a provision I originally find better ways to meet our energy that maintains an existing balance be- worked on with my colleague Senator needs, it is my hope that we can learn tween taxpayer privacy and judicious from past catastrophes and prevent fu- STABENOW, the entire Great Lakes release of information that will make a Basin will be designated as an unusu- ture ones before they ever occur. meaningful difference to a child’s safe- The bipartisan PIPES Act can be a ally sensitive area. This will make any ty. For the families who are affected, model for how we work together to im- pipeline that could spill in and around the reality that their child is missing prove performance and raise our stand- the Great Lakes area subject to higher is devastating. If there is a step we can standards for operating safety. The bill ards in the energy sector. Mr. President, I suggest the absence take to increase the likelihood that the also adds coastal beaches and maritime of a quorum. missing child will be returned home, coastal waters as areas that should be The PRESIDING OFFICER. The then we have an obligation to act. This considered when making an ‘‘unusually clerk will call the roll. is such a step. sensitive’’ determination. The legislative clerk proceeded to I proudly have worked with both Sen- We also must recognize the unique call the roll. ators KLOBUCHAR and ENZI on this im- regional challenges our Nation’s far- Mr. CASEY. Mr. President, I ask portant issue since 2011, and I am glad reaching pipeline network present. In unanimous consent that the order for to have the endorsement of both the Michigan, we get serious winters. the quorum call be rescinded. National Center for Missing & Ex- Lakes and rivers freeze, and even the The PRESIDING OFFICER. Without ploited Children and the National Asso- Great Lakes end up under very thick objection, it is so ordered. ciation of Police Organizations. ice cover. To address these challenges, f If the provisions in this bill can bring I worked to include a provision requir- one child back to their rightful fami- ing pipeline operators to prepare re- RECOVERING MISSING CHILDREN lies safe and sound, it is worth it. This sponse plans that address cleanup of an ACT will assist those who have been search- oilspill in ice-covered waters. The Mr. CASEY. Mr. President, I rise to ing and spending sleepless nights wor- Coast Guard has stated that it does not speak on the Recovering Missing Chil- ried about their missing children and have the technology or the capacity for dren Act. This bill provides law en- do it in a way that doesn’t undermine worst-case discharge cleanup under forcement with an important tool to Americans’ privacy. solid ice and that its response activi- help find missing or exploited children. With that, Mr. President, I ask unan- ties are not adequate in ice-choked Each year more than 200,000 children imous consent that the Finance Com- waters. We need to address this prob- are abducted by their parents or other mittee be discharged from further con- lem now before a spill under ice-cov- close relatives, according to the Na- sideration of H.R. 3209 and the Senate ered water happens. tional Center for Missing & Exploited proceed to its immediate consider- Any oil pipeline that is deeper than Children. In many of these cases, the ation. 150 feet underwater will be required to IRS has information that could aid law The PRESIDING OFFICER. Without undergo an inspection every year as a enforcement in locating a child who objection, it is so ordered. result of this bill. This requirement has been abducted by a family member. The clerk will report the bill by title.

VerDate Sep 11 2014 01:42 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G16JN6.037 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4288 CONGRESSIONAL RECORD — SENATE June 16, 2016 The legislative clerk read as follows: it is. Oftentimes the abductor claims the victims and the families of the ter- A bill (H.R. 3209) to amend the Internal the child on taxes or has their address rorist attack in Orlando. As a mother, Revenue Code of 1986 to permit the disclo- on their taxes and it is as easy as look- my heart breaks for the parents of the sure of certain tax return information for ing at a file. A family can be reunited, victims. As an American, I share in a the purpose of missing or exploited children and a child who wasn’t supposed to be profound sense of sorrow for the loss of investigations. taken from their home can be brought innocent life. There being no objection, the Senate back to their home. Many questions remain unanswered. proceeded to consider the bill. As my colleagues have noted, our bill Did the terrorist communicate with Mr. CASEY. I further ask unanimous would give law enforcement officers foreign terrorist groups? If so, how did consent that the bill be read a third important tools to solve some of the they interact and what level of support time and passed, and the motion to re- most heartbreaking cases. To accom- or direction did they provide? What consider be considered made and laid plish this, the bill will offer informa- was his path to radical Islamism and upon the table with no intervening ac- tion sharing by Federal law enforce- what lessons can we learn to stop oth- tion or debate. ment officers on a limited basis. It was ers on this path to violence? Was his The PRESIDING OFFICER. Is there something we discussed at length in association with jihadist groups simply objection? the Judiciary Committee, and I know a superficial one to mask deep personal Without objection, it is so ordered. we also discussed it in the Finance hatred? The bill (H.R. 3209) was ordered to a Committee with the State and local In the coming days, investigators third reading, was read the third time, law enforcement officials who are in- will compile evidence to answer these and passed. volved in the investigation and pros- and many other questions. While there Mr. CASEY. Thank you, Mr. Presi- ecution of a case. Under current law, is much we do not know about the at- dent. the IRS is barred from sharing its tax- tacks in Orlando, there are a few very I yield the floor. payer information with local law en- important things we do know. We know The PRESIDING OFFICER. The Sen- forcement, even though in many cases 49 people were killed, and 53 others ator from Wyoming. the IRS actually has the location of were injured. We know their families Mr. ENZI. Mr. President, I wish to the child. Imagine a hardworking local are suffering and we grieve with them. congratulate all who have worked on police officer out trying to find a kid, We know the gay community was spe- this bill but particularly Senator looking everywhere, following up on cifically targeted. There is something CASEY’s leadership and Senator KLO- every lead, and our own government else we know. This attack was brought BUCHAR’s leadership on this issue that has the information in their files. This against innocent people. just passed. is a narrow exception that allows this While knowledge of the specific cir- Here is a terrible thought: Every information to be shared. year, thousands of children are ab- cumstances of this tragedy will hope- As a former prosecutor, I know first- fully help us improve our efforts to ducted and taken away from their hand that returning missing children homes. This bill provides new tools to fight terrorism and radicalization, for to their families is one of the most im- the victims of this horrific attack—in- connect missing and exploited children portant tasks law enforcement officers with their families, while also respect- deed, for many Americans—such infor- have, and they need every resource mation can seem irrelevant. This is be- ing important and appropriate safe- available to do their job. The faster law guards of taxpayer privacy. cause the attack is an assault on the enforcement can locate the child, the age-old Western value of social plu- Senators CASEY, KLOBUCHAR, and I greater the likelihood the child can be have worked together on this matter ralism. These are American values— returned to their family unharmed, and ones we hold dear. These are the prin- for several years. We worked with out- they can go on to live a normal life. side groups such as the National Center ciples which forbid violence on others, I do want to mention one person who no matter how strongly you may dis- for Missing & Exploited Children and has been someone I talk to about miss- the National Association of Police Or- agree with them. This is a basic convic- ing and exploited children issues, and tion that unites Americans. ganizations, and we are proud that that is Patty Wetterling from the both organizations have endorsed this We have many disagreements in our State of Minnesota. There was a hor- country. We have them in this Cham- legislation. rible case in which her son Jacob was With new tools and better collabora- ber, we have them at work, and we abducted years and years ago and never have them around the dinner table. tion between Federal and State au- found. She served as the chair on the thorities, law enforcement agencies Sometimes our words are harsh, some- board of the missing and exploited chil- times our words are heated, but we can send a strong signal to those who dren group. She has done so much work are perpetrating this type of crime. I don’t kill people who disagree with us. nationally and locally. While we don’t We protect their rights to think dif- hope this act will help law enforcement believe this would have helped in Ja- officials solve these cases more quickly ferently. This is a key part of our iden- cob’s case, she did it for all those other tity as Americans. for the benefit of the youth who have children who are still out there. So this The attack in Orlando reminds us been exploited. one is for you, Patty. Thank you. that we are in the middle of a global I yield the floor to my colleague from I yield the floor. Minnesota. Mr. ENZI. Mr. President, I suggest battle between two ways of life: one of The PRESIDING OFFICER. The Sen- the absence of a quorum. open democracy and one of violent ator from Minnesota. The PRESIDING OFFICER. The jihadism. Our way—the American Ms. KLOBUCHAR. Mr. President, I clerk will call the roll. way—values pluralism. It permits dis- am proud to join my colleagues Sen- The legislative clerk proceeded to sent from dominant social and political ator CASEY from Pennsylvania and call the roll. views. It protects the freedom of ex- Senator ENZI from Wyoming to speak Mrs. FISCHER. Mr. President, I ask pression and the freedom of religion. It in support of our bipartisan legislation, unanimous consent that the order for defends our shared human dignity. In the Recovering Missing Children Act, the quorum call be rescinded. our society, the value of your life is something we have been working on for The PRESIDING OFFICER. Without not determined by your views. Here, so long. objection, it is so ordered. your life has value because you exist. That is good enough for us. I remember hearing about this in a f Judiciary Committee hearing and That is not good enough for radical learning about the surprising number COMMERCE, JUSTICE, SCIENCE, Islam. Its followers do not believe of cases that can be solved when this AND RELATED AGENCIES APPRO- these things. They impose uniformity information from the IRS is shared PRIATIONS ACT, 2016—Continued and destroy dissent. For radical with law enforcement. It sounds almost MASS SHOOTING IN ORLANDO AND STANDING Islamists, there is no ‘‘live and let absurd that information is sitting in AGAINST HATRED AND INTOLERANCE live.’’ government files of where a child who Mrs. FISCHER. Mr. President, I rise Their ideology demands obedience. It has been abducted is living, but in fact to offer my heartfelt condolences to allows only one way to live your life

VerDate Sep 11 2014 01:42 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G16JN6.040 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 16, 2016 CONGRESSIONAL RECORD — SENATE S4289 and demands that people who think dif- The PRESIDING OFFICER. The process. The Attorney General shall estab- ferently, live differently, or pray dif- amendment is withdrawn. lish, within the amounts appropriated, pro- cedures to ensure that, if an individual who ferently stop thinking, living, and AMENDMENT NO. 4685 praying as they do. Radical Islamism is, or within the previous 5 years has been, (Purpose: In the nature of a substitute) under investigation for conduct related to a does not use words to get what it Mr. SHELBY. Mr. President, I offer Federal crime of terrorism, as defined in sec- wants. We observe its methods in Syria amendment No. 4685 as a committee-re- tion 2332b(g)(5) of title 18, United States through ISIL. There, they stone women ported substitute amendment. Code, attempts to purchase a firearm, the and throw men from buildings for vio- The PRESIDING OFFICER. The Attorney General or a designee of the Attor- lating their code. clerk will report. ney General shall be promptly notified of the attempted purchase. This contempt for other cultures The senior assistant legislative clerk drives them to destroy historical arti- read as follows: Mr. MCCONNELL. I ask for the yeas facts and ancient holy sites. They are and nays on the amendment. exterminating entire communities of The Senator from Alabama [Mr. SHELBY] proposes an amendment numbered 4685. The PRESIDING OFFICER. Is there a people for practicing a different set of sufficient second? Mr. SHELBY. Mr. President, I ask religious beliefs, and they celebrate it. There appears to be a sufficient sec- unanimous consent that the reading of They are posting gruesome videos of ond. the amendment be dispensed with. their heinous acts online. They are The yeas and nays were ordered. using this combination of violence and The PRESIDING OFFICER. Without AMENDMENT NO. 4749 TO AMENDMENT NO. 4720 twisted ideology as propaganda. They objection, it is so ordered. are seducing disaffected individuals to (The amendment is printed in the Mr. MCCONNELL. Mr. President, I join their perverse quest. RECORD of June 15, 2016, under ‘‘Text of call up the Cornyn amendment No. 4749 While the extent to which the Or- Amendments.’’) to the Feinstein amendment. lando shooter was influenced by this AMENDMENT NO. 4720 TO AMENDMENT NO. 4685 The PRESIDING OFFICER. The incitement is unclear, he clearly iden- Mr. MCCONNELL. Mr. President, I clerk will report. tified with ISIL’s barbaric glorification call up the Feinstein amendment No. The senior assistant legislative clerk of violence. 4720 to the substitute amendment. read as follows: This is why we must unite to ensure The PRESIDING OFFICER. The The Senator from Kentucky [Mr. MCCON- ISIL’s lasting defeat. Defeat on the clerk will report. NELL], for Mr. CORNYN, proposes an amend- battlefield will greatly diminish the The senior assistant legislative clerk ment numbered 4749 to amendment No. 4720. rhetorical power of their calls to read as follows: Mr. MCCONNELL. Mr. President, I butcher, to pillage, and to defile. The Senator from Kentucky [Mr. MCCON- ask unanimous consent that the read- However, responding to this terror is NELL], for Mrs. FEINSTEIN, proposes an ing of the amendment be dispensed the shared responsibility of all Ameri- amendment numbered 4720 to amendment with. cans and not reserved only for the mili- No. 4685. The PRESIDING OFFICER. Without tary or law enforcement. This was an Mr. MCCONNELL. Mr. President, I assault on our belief in pluralism, an objection, it is so ordered. ask unanimous consent that the read- The amendment is as follows: attack against each of us. We all have ing of the amendment be dispensed a role in the response. Our law enforce- with. (Purpose: To Secure our Homeland from rad- ment and intelligence communities ical Islamists by Enhancing Law enforce- The PRESIDING OFFICER. Without ment Detection (‘‘SHIELD’’)) will no doubt lead the way, but indi- objection, it is so ordered. At the end add the following: vidual Americans can and should an- The amendment is as follows: swer this attack. SEC. 5ll. Hereafter, the Attorney General I conclude with a call to action for (Purpose: To authorize the Attorney General shall establish a process by which— to deny requests to transfer a firearm to (1) the Attorney General and Federal, every American, no matter where they known or suspected terrorists) may be. Find someone with whom you State, and local law enforcement are imme- At the appropriate place, insert the fol- diately notified, as appropriate, of any re- deeply disagree and let them know you lowing: quest to transfer a firearm or explosive to a value them. Seek that person out. Tell SEC. lll. Hereafter, the Attorney Gen- person who is, or within the previous 5 years them you respect them for who they eral may deny the transfer of a firearm if the was, investigated as a known or suspected are, regardless of your deeply held dif- Attorney General determines, based on the terrorist; ferences. We can do this at work or at totality of the circumstances, that the (2) the Attorney General may delay the home, in the grocery store or at the transferee represents a threat to public safe- transfer of the firearm or explosive for a pe- doctor’s office. In our day-to-day lives, ty based on a reasonable suspicion that the riod not to exceed 3 business days and file an we can deliver a direct challenge to transferee is engaged, or has been engaged, emergency petition in a court of competent radical Islamists. By treating each in conduct constituting, in preparation for, jurisdiction to prevent the transfer of the in aid of, or related to terrorism, or pro- firearm or explosive, and such emergency pe- other with dignity and respect, we can viding material support or resources there- tition and subsequent hearing shall receive play our part in responding to this for. For purposes of sections 922(t)(1), (2), (5), the highest possible priority on the docket of tragedy. and (6) and 925A of title 18, United States the court of competent jurisdiction and be Basic human rights, freedom of ex- Code, and section 103(g) of Public Law 103–159 subject to the Classified Information Proce- pression, freedom of religion, and free- (18 U.S.C. 922 note), a denial by the Attorney dures Act (18 U.S.C. App.); dom of assembly are endowed to all of General pursuant to this provision shall be (3) the transferee receives actual notice of us. By asserting our value of pluralism treated as equivalent to a determination the hearing and is provided with an oppor- confidently, we can stand against the that receipt of a firearm would violate sec- tunity to participate with counsel and the tion (g) or (n) of section 922 of title 18, emergency petition shall be granted if the forces of hatred and intolerance. United States Code, or State law. A denial court finds that there is probable cause to I yield the floor. described in this section shall be subject to believe that the transferee has committed, I suggest the absence of a quorum. the remedial procedures set forth in section conspired to commit, attempted to commit, The PRESIDING OFFICER. The 103(g) of Public Law 103–159 (18 U.S.C. 922 or will commit an act of terrorism, and if the clerk will call the roll. note) and the intended transferee may pur- petition is denied, the Government shall be The senior assistant legislative clerk sue a remedy for an erroneous denial of a responsible for all reasonable costs and at- proceeded to call the roll. firearm under section 925A of title 18, United torneys’ fees; Mr. SHELBY. Mr. President, I ask States Code. Notwithstanding any other pro- (4) the Attorney General may arrest and unanimous consent that the order for vision of law, such remedial procedures and detain the transferee for whom an emer- the quorum call be rescinded. judicial review shall be subject to procedures gency petition has been filed where probable The PRESIDING OFFICER. Without that may be developed by the Attorney Gen- cause exists to believe that the individual objection, it is so ordered. eral to prevent the unauthorized disclosure has committed, conspired to commit, or at- of information that reasonably could be ex- tempted to commit an act of terrorism; and COMMITTEE-REPORTED AMENDMENT WITHDRAWN pected to result in damage to national secu- (5) the Director of the Federal Bureau of Mr. SHELBY. Mr. President, on be- rity or ongoing law enforcement operations, Investigation annually reviews and certifies half of the Appropriations Committee, including but not limited to procedures for the identities of known or suspected terror- I withdraw the committee-reported submission of information to the court ex ists under this section and the appropriate- amendment to H.R. 2578. parte as appropriate, consistent with due ness of such designation.

VerDate Sep 11 2014 03:02 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G16JN6.041 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4290 CONGRESSIONAL RECORD — SENATE June 16, 2016 MOTION TO COMMIT WITH AMENDMENT NO. 4750 The PRESIDING OFFICER. The clo- The PRESIDING OFFICER. The clo- Mr. MCCONNELL. Mr. President, I ture motion having been presented ture motion having been presented move to commit the bill to the Judici- under rule XXII, the Chair directs the under rule XXII, the Chair directs the ary Committee with instructions. clerk to read the motion. clerk to read the motion. The PRESIDING OFFICER. The The senior assistant legislative clerk The legislative clerk read as follows: clerk will report the motion. read as follows: CLOTURE MOTION The senior assistant legislative clerk CLOTURE MOTION We, the undersigned Senators, in accord- read as follows: We, the undersigned Senators, in accord- ance with the provisions of rule XXII of the The Senator from Kentucky [Mr. MCCON- ance with the provisions of rule XXII of the Standing Rules of the Senate, do hereby NELL] moves to commit the bill to the Judi- Standing Rules of the Senate, do hereby move to bring to a close debate on the Fein- ciary Committee with instructions to report move to bring to a close debate on Senate stein amendment No. 4720 to Shelby amend- back forthwith with an amendment num- amendment No. 4751, to the instructions of ment No. 4685 to H.R. 2578. bered 4750. the motion to commit H.R. 2578, an act mak- Harry Reid, Jeff Merkley, Jeanne Sha- (The amendment is printed in today’s ing appropriations for the Departments of heen, Kirsten E. Gillibrand, Amy Klo- RECORD under ‘‘Text of Amendments.’’) Commerce and Justice, Science, and Related buchar, Claire McCaskill, Debbie Sta- Mr. MCCONNELL. Mr. President, I Agencies for the fiscal year ending Sep- benow, Charles E. Schumer, Sherrod ask for the yeas and nays on my mo- tember 30, 2016, and for other purposes. Brown, Mark R. Warner, Richard tion. Mitch McConnell, Roger F. Wicker, Thad Blumenthal, Tom Udall, Tammy Bald- The PRESIDING OFFICER. Is there a Cochran, Tom Cotton, Thom Tillis, win, Jack Reed, Robert P. Casey, Jr., Angus King, Jr., Brian E. Schatz. sufficient second? John Boozman, Richard C. Shelby, John Hoeven, Pat Roberts, Joni Ernst, There appears to be a sufficient sec- Mr. MCCONNELL. Mr. President, I Mike Rounds, John Cornyn, John Bar- ask unanimous consent that the man- ond. rasso, Deb Fischer, Johnny Isakson, The yeas and nays were ordered. David Vitter, James M. Inhofe. datory quorums for the cloture mo- tions be waived. AMENDMENT NO. 4751 CLOTURE MOTION (Purpose: To address gun violence and im- The PRESIDING OFFICER. Without Mr. MCCONNELL. Mr. President, I objection, it is so ordered. prove the availability of records to the Na- send a cloture motion to the desk for tional Instant Criminal Background Check Mr. MCCONNELL. Mr. President, I System) the motion to commit with instruc- suggest the absence of a quorum. Mr. MCCONNELL. Mr. President, I tions. The PRESIDING OFFICER. The The PRESIDING OFFICER. The clo- send a Grassley amendment to the in- clerk will call the roll. ture motion having been presented structions to the desk. The senior assistant legislative clerk under rule XXII, the Chair directs the The PRESIDING OFFICER. The proceeded to call the roll. clerk to read the motion. clerk will report. Mr. MCCONNELL. Mr. President, I The legislative clerk read as follows: The senior assistant legislative clerk ask unanimous consent that the order read as follows: CLOTURE MOTION for the quorum call be rescinded. The Senator from Kentucky [Mr. MCCON- We, the undersigned Senators, in accord- The PRESIDING OFFICER. Without NELL], for Mr. GRASSLEY, proposes an amend- ance with the provisions of rule XXII of the objection, it is so ordered. ment numbered 4751 to the instructions of Standing Rules of the Senate, do hereby the motion to commit. move to bring to a close debate on the f McConnell motion to commit H.R. 2578 to Mr. MCCONNELL. Mr. President, I MORNING BUSINESS ask unanimous consent that the read- the Judiciary Committee with instructions (Murphy amendment No. 4750). Mr. MCCONNELL. Mr. President, I ing of the amendment be dispensed Harry Reid, Jeff Merkley, Jeanne Sha- ask unanimous consent that the Sen- with. heen, Kirsten E. Gillibrand, Amy Klo- ate be in a period of morning business, The PRESIDING OFFICER. Without buchar, Claire McCaskill, Debbie Sta- with Senators permitted to speak objection, it is so ordered. benow, Charles E. Schumer, Sherrod therein for up to 10 minutes each. (The amendment is printed in today’s Brown, Mark R. Warner, Richard The PRESIDING OFFICER. Without RECORD under ‘‘Text of Amendments.’’) Blumenthal, Tom Udall, Tammy Bald- objection, it is so ordered. Mr. MCCONNELL. Mr. President, I win, Jack Reed, Robert P. Casey, Jr., Angus King, Jr., Brian E. Schatz. The Senator from Arkansas is recog- ask for the yeas and nays on the nized. amendment. CLOTURE MOTION The PRESIDING OFFICER. Is there a Mr. MCCONNELL. Mr. President, I f sufficient second? send a cloture motion to the desk for TRIBUTE TO MARION FLETCHER There appears to be a sufficient sec- the Cornyn amendment. Mr. COTTON. Mr. President, I would ond. The PRESIDING OFFICER. The clo- like to recognize Marion Fletcher of The yeas and nays were ordered. ture motion having been presented Hot Springs, AR, as this week’s Arkan- AMENDMENT NO. 4752 TO AMENDMENT NO. 4751 under rule XXII, the Chair directs the san of the Week, for 53 years of service Mr. MCCONNELL. Mr. President, I clerk to read the motion. to agriculture education in Arkansas. send a second-degree amendment to the The legislative clerk read as follows: Marion recently retired, and I would desk. CLOTURE MOTION like to take a few moments to recog- The PRESIDING OFFICER. The We, the undersigned Senators, in accord- nize his legacy and his impact. clerk will report. ance with the provisions of rule XXII of the Arkansas is a rural State, and for Ar- The senior assistant legislative clerk Standing Rules of the Senate, do hereby read as follows: move to bring to a close debate on Senate kansans agriculture isn’t just an indus- try. It is a way of life. Over the last The Senator from Kentucky [Mr. MCCON- amendment No. 4749 to amendment No. 4720 NELL] proposes an amendment numbered 4752 to Calendar No. 120, H.R. 2578, an act making five decades, Marion has been a fixture to amendment No. 4751. appropriations for the Departments of Com- in the Arkansas agriculture commu- merce and Justice, Science, and Related Mr. MCCONNELL. Mr. President, I nity, serving in dozens of roles in Agencies for the fiscal year ending Sep- countless organizations, impacting ask unanimous consent that the read- tember 30, 2016, and for other purposes. ing of the amendment be dispensed every person he met. Mitch McConnell, Tom Cotton, Thom To say he is passionate about agri- with. Tillis, John Boozman, Richard C. The PRESIDING OFFICER. Without Shelby, John Hoeven, Pat Roberts, culture education is an understate- objection, it is so ordered. James M. Inhofe, David Vitter, Joni ment. Since 1997, Marion worked as the The amendment is as follows: Ernst, Mike Rounds, John Cornyn, State supervisor and program manager At the end add the following: John Barrasso, Deb Fischer, Cory Gard- of agricultural education at the Arkan- This Act shall take effect 1 day after the ner, Shelley Moore Capito, Johnny sas Department of Workforce Edu- date of enactment. Isakson. cation, and before that he spent 30 CLOTURE MOTION CLOTURE MOTION years in numerous roles with the Ar- Mr. MCCONNELL. Mr. President, I Mr. MCCONNELL. Mr. President, I kansas Department of Education, Vo- send a cloture motion to the desk for send a cloture motion to the desk for cational and Technical Education Divi- the Grassley amendment. the Feinstein amendment. sion. He also had a 3-year stint as an ag

VerDate Sep 11 2014 05:10 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G16JN6.044 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 16, 2016 CONGRESSIONAL RECORD — SENATE S4291 instructor at Desha Central Schools. It is for that reason that I have come time is so critical, the government can Locally, he has been a dedicated board to the floor to express my concern use that section of the USA FREEDOM member of the Garland County Farm about the sweeping surveillance Act that I authored, Section 102, to ob- Bureau for over 30 years. amendment that was proposed this tain records immediately in an emer- But Marion’s service isn’t just lim- morning by the senior Senator from gency situation and then go seek court ited to Arkansas. He has also played an Texas. In my view, it is important for review after the fact. important role in the National FFA, colleagues to see that this proposal As I indicated, I have been supportive where he has been a member of the would dramatically and unnecessarily of this for quite some time, but I think board of directors, served as national expand the government’s ability to giving the government the authority to treasurer, and has been a part of var- conduct surveillance of Americans move in emergency situations is very ious task and action force committees. without court oversight. different from giving the government To quote longtime friend Keith Stokes, In my judgment, it would not make substantial new surveillance authority ‘‘there is not a young person who went our country any safer. The real impli- just because some officials don’t like through the FFA program that was not cations are that it could significantly doing paperwork. If the FBI’s own influenced in a positive way by Mr. undermine the constitutional rights of process for reviewing orders is too Fletcher.’’ law-abiding Americans, largely to save slow, then the appropriate solution is His hard work hasn’t gone unnoticed, some paperwork for law enforcement administrative reforms, not a major and he was honored with the first-ever officials. expansion of government surveillance National FFA Advisor’s Golden Owl As was described on the Senate floor authorities. Award. He has also received the FFA this morning, this amendment would While this amendment would not VIP Award, recognition in the Arkan- authorize individual FBI field offices to apply to the text of emails, it would sas Agriculture Hall of Fame, Arkan- demand Americans’ email and Internet allow the FBI a wide variety of infor- sas’s ‘‘service to citizens’’ award, and a records simply by issuing what is mation, including records of whom in- litany of others on a long list of well- called a national security letter, which dividuals exchange emails with and deserved commendations. means there really is no court over- when, as well as individuals’ log-in his- The honors, distinctions, and acco- sight whatsoever. tory, IP addresses, and Internet brows- lades earned by Marion are endless. This authority currently exists for ing history. This sort of surveillance Like those before me, I am proud to phone records, and law enforcement of- can clearly reveal an extensive amount honor Marion’s work and legacy. He is ficials have repeatedly suggested that of information about individual Ameri- an outstanding Arkansan, and our it would be convenient for email and cans. Our Founding Fathers rightly ar- State agriculture industry is better be- Internet records to be collected in the gued that these kinds of intrusive cause he committed his life to agri- same way. The FBI has not suggested searchs ought to be approved by inde- culture education. that they are currently unable to ob- pendent judges. I yield the floor. tain these records in counterterror in- At this point, I believe it is worth I suggest the absence of a quorum. vestigations. Law enforcement officials noting that President George W. Bush’s The PRESIDING OFFICER. The have simply been arguing that it would administration reached the same con- clerk will call the roll. The senior assistant legislative clerk be more convenient to operate without clusion that I have described this after- proceeded to call the roll. judicial oversight. I find this position noon. In November of 2008, the Justice Mr. WYDEN. Mr. President, I ask very troubling because I don’t see any- Department’s Office of Legal Counsel unanimous consent that the order for thing in the writings of the Founding advised the FBI that national security the quorum call be rescinded. Fathers that says convenience alone letters could only be used to obtain The PRESIDING OFFICER. Without should justify a dramatic erosion of the certain types of records, and this list objection, it is so ordered. constitutional rights of law-abiding did not include electronic communica- f Americans. tion records. The FBI has, unfortu- It is important to understand that nately, not adhered to this guidance USA FREEDOM ACT this sweeping expansion of surveillance and has at times continued to issue na- Mr. WYDEN. Mr. President, in the authorities is not necessary. If FBI of- tional security letters for electronic aftermath of the horrific tragedy in Or- ficials have reason to suspect an indi- communications records. A number of lando, Americans are understandably vidual is connected to terrorism or es- companies that have received these concerned about whether law enforce- pionage, they already have the ability overly broad national security letters ment and intelligence officials have to access that person’s email and Inter- have rightfully challenged them, as I the tools they need to keep our people net records by simply obtaining an have indicated, as improper. Broad- safe. I share these concerns and have order in the Foreign Intelligence Sur- ening the national security letter stat- for quite some time. veillance Court. These orders can be ute to include electronic communica- In 2013, I proposed that the govern- issued in secret and require relatively tion transaction records would be a sig- ment be authorized to obtain phone, little evidence. The FBI just needs to nificant expansion of warrantless sur- email, and other records immediately assert that the records are ‘‘relevant to veillance authority. in emergency situations and then after an investigation,’’ and that is not dif- Unfortunately, the government’s the fact come back for court review. ficult to do. But requiring the approval track record with its existing national That proposal I made in 2013 became of an independent judge provides an security letter authorities includes a law as part of the USA FREEDOM important chapter against the abuse or substantial amount of abuse and mis- Act—it is section 102 of the USA misuse of this authority. By contrast, use. These problems were extensively FREEDOM Act—and as of today, that national security letters are not re- documented by the Justice Depart- legislation I authored gives the FBI viewed by a judge unless a company ment’s inspector general in 2007, 2008, more authority to move immediately that receives one attempts to challenge 2010, and 2014. In my judgment, it when they believe it is essential to pro- it. would be reckless to expand this par- tect the safety and well-being of Amer- As I indicated earlier this afternoon, ticular surveillance authority when the icans and our families. I appreciate the FBI’s interest in ob- government has so frequently failed to I don’t take a backseat to anybody taining records about potential sus- use its existing authorities responsibly. when it comes to supporting efforts pects quickly, but my view is that For- In 2013, President Obama’s surveil- that are going to do everything pos- eign Intelligence Surveillance Court lance review group looked at the na- sible to make Americans safer in their judges in the typical situation are very tional security letter statute. This communities. So right now—and this is capable of reviewing and approving re- group included a number of distin- so often the case after a tragedy—when quests for court orders in a timely guished national security leaders, in- Americans want to be safer and they fashion, and that is why I made men- cluding former White House counter- want their liberties, all too often pro- tion of it. terrorism adviser Richard Clarke and posals are advanced that in so many in- If the government thinks that there former Acting CIA Director Mike stances don’t do much of either. is an emergency situation and that Morell. They determined—and I think

VerDate Sep 11 2014 05:10 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G16JN6.053 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4292 CONGRESSIONAL RECORD — SENATE June 16, 2016 what is so noteworthy is that at a time of the leading experts in cyber security cooperation on commonsense legisla- when the President assembled prac- said that this is not theoretical. tion to address the gun violence epi- tically an NBA All-Star team of The reality is that there are hun- demic that plagues our Nation and my counterterror leaders, this group deter- dreds of products overseas with strong home State of Delaware. I want to mined that national security letter au- encryption. So think about that one. thank my colleagues, Senators MURPHY thority ought to be narrowed, not ex- What we would be doing if we weak- and BLUMENTHAL, for their consistent panded. They were making a judgment ened encryption is we would be adopt- and unwavering commitment in ad- to counter to the senior Senator from ing a policy that would leave our peo- dressing this very real national crisis. Texas, and they felt they ought to go ple less secure and their liberties more In the aftermath of the tragic mass the other way and be more cautious at risk right at the time when they are shooting of Orlando, I have been filled about how it is used. saying, after the horrific tragedy in Or- with many emotions, as have so many These leading national security offi- lando, that they want better policies to of my colleagues—grief for the victims cials, the names of whom I have just promote their safety and make sure and their families, concern for the city given, stated in their report that na- their liberties are kept. of Orlando, grief for the greater tional security letters have been, in This is a debate we are going to have LGBTQ community across our Nation their view, highly controversial and in several forms. We will have them in and world, anger toward the perpe- noted that there have been ‘‘serious committee rooms and on the floor of trator and the extremists who spread compliance issues on the part of the the Senate. I just want it understood hatred, violence, and fear around the government.’’ They concluded the fol- that the reason I am opposing what the world, and a powerful, deep-seated frus- lowing: ‘‘For all the well-established senior Senator from Texas talked tration that our government, our Con- reasons for requiring neutral and de- about today is that I think it flies gress, this Senate, has not taken need- tached judges to decide when govern- right in the face of what I have de- ed steps to keep dangerous and unsta- ment investigators may invade an indi- scribed. It does nothing to make us ble individuals from getting access to vidual’s privacy’’—their words and not safer, and it puts our liberties at risk, guns. The atrocity that took place at mine—‘‘there is a strong argument much as the distinguished panel that the Pulse nightclub in Orlando, FL, that [national security letters] should was put together by the President—all was more than just a cowardly act of not be issued by the FBI.’’ these outstanding counterterror offi- terrorism and a despicable, violent National security letters was what cials—said when they expressed con- rampage of hate against our LGBTQ the description of the issue was all cern about the whole future of national brothers and sisters; it was also an at- about. In the judgment of these ex- security letters. tack on the very freedoms in our way perts, the government should seek the There is a way to do this right, and I of life. From the brave first responders approval of a judge the way our Found- would submit that is what we did in and law enforcement officers who ing Fathers intended. Section 102 of the USA FREEDOM Act. rushed to the scene, to the hundreds, I want it understood that I would It was something I had talked about even thousands, of Floridians who lined strongly oppose the surveillance with the President on several occa- up in the days since to donate blood, amendment filed this morning. My sions. I am willing to say what I said tragedies like these so often showcase view is that it would erode our core but not what the President said. the very best and worst of humanity in constitutional rights without making I have repeatedly said to the govern- the same heartbreaking moment. our country safer. ment that if the government doesn’t This mass shooting—the worst mass All over the country right now, have enough authority in emergency shooting in American history—should Americans are asking what can be done situations to protect the American force us to confront a number of power- to make our country safer. This morn- people, I will use my ability as a senior ful but unanswered questions: Are we ing, for example, we had the CIA Direc- member of the Intelligence Committee going to be a nation that celebrates tor, Mr. Brennan, in the Intelligence to make sure they have that authority. our diversity or one that stokes fear, Committee, and I pointed out that one We did that in the USA FREEDOM Act. division, and hatred? Are we going to of the things that help Americans be as The government can move imme- engage the American Muslim commu- safe as possible is strong encryption for diately to collect phone and email nity in pursuing our shared goal of de- their smartphones. Those smartphones records and then come back later to go feating the scourge of terrorism, or are have people’s different transactions, through the court review process. That we going to malign and alienate 1.6 bil- such as medical and financial informa- is the kind of model we ought to use, lion people from one of the world’s tion. Their whole life is in those not what we heard about this morning great religions? Are we together going smartphones. If you weaken strong from the senior Senator from Texas to pass commonsense safety measures encryption and require companies—as that would expand government surveil- addressing gun violence, or is this Sen- several of our colleagues want to do— lance authority, put our liberties at ate, yet again, going to accept the sta- to build back doors into these digital risk, and not make our country safer. tus quo? products, Americans are going to be I am sure this will be a topic of ex- Our Nation, my State, my constitu- less safe. tensive discussion on the Senate floor ents, my neighbors, are crying out for For example, a number of the next week. I just wanted to take this the Members of this body to have the smartphones have a location tracker so opportunity to outline my views on the courage of our convictions and to ad- parents can keep tabs on their young- topic. dress this moment. Regardless of the ster. Well, if you weaken encryption With that, I yield the floor. Orlando attacker’s intentions or his and weaken the location tracker, you I suggest the absence of a quorum. background, Congress must act to pre- are pretty much giving a gift to The PRESIDING OFFICER. The vent known or suspected terrorists pedophiles because it will be easy to clerk will call the roll. from having the unfettered ability to track youngsters as a result of weak- The senior assistant legislative clerk purchase high-powered military grade ening encryption. proceeded to call the roll. weaponry. That means ensuring that We had a discussion about it this Mr. COONS. Mr. President, I ask we have a universal system of back- morning. The comment I was con- unanimous consent that the order for ground checks when a firearm is pur- cerned about in particular this morn- the quorum call be rescinded. chased. It also means ensuring that the ing was when I said ‘‘Hey, if we weaken The PRESIDING OFFICER. Without U.S. Department of Justice gets noti- encryption in the United States, the objection, it is so ordered. fied when a known or suspected ter- reality is that terrorists, hackers, and f rorist goes to buy a gun so that the De- others will go overseas, where there are partment can investigate or stop a hundreds of products with strong GUN VIOLENCE transaction that might immediately encryption,’’ it was the view of the CIA Mr. COONS. Mr. President, I am com- endanger citizens’ lives. Director that that was ‘‘theoretical.’’ ing to the floor today to join so many Today an estimated 40 percent of all So I was forced to correct that later in of my colleagues who have spoken over gun sales are sold by unlicensed dealers the course of the day to say that some the last day to encourage bipartisan who are not required to conduct any

VerDate Sep 11 2014 02:18 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G16JN6.055 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 16, 2016 CONGRESSIONAL RECORD — SENATE S4293 criminal background checks under protect all of our citizens of any eth- for the New Era. Her stories gave voice Federal law. In the aftermath of the nicity, any faith, and any sexual ori- to the people of her community, and atrocity in Orlando, Deputy Attorney entation with commonsense gun legis- she brought events of the world home General Yates noted that the Justice lation. I am encouraged to know there for her readers. In covering events at Department ‘‘would have liked to have have been filed bills that this body will Fort Campbell, KY, she wrote about known’’ that Omar Mateen had gone to take up and act upon next week and Presidents spanning from Lyndon purchase an assault rifle. that my colleagues, Senators MURPHY Johnson to George W. Bush. She cov- Our Constitution protects the funda- and FEINSTEIN, have been able to sub- ered gubernatorial inaugurations, mental individual right to bear arms, mit for consideration by this body— crime, the courts, elections, and the but no freedom is absolute, and no one bills relating to background checks and arts. amendment can subvert all the others. to closing the terror gap that I look I got to know Mary back when I was Orlando deserved to have the security forward to supporting next week when first elected to statewide office. She of a functioning universal background we return. interviewed me and was a part of edi- check system that keeps guns out of I would like to thank all of my col- torial board meetings, which I fre- the hands of people known to be dan- leagues of both parties who have ad- quently held with the New Era. Mary gerous. So, too, do the people of my vanced proposals or have come to the was a rarity in the fact that she was hometown of Wilmington. floor to participate in an important ef- one of the few journalists who leaned Earlier this week, late Tuesday fort to show the people across the Republican, although she always kept night, in my hometown of Wilmington, country that we can work across the her reporting balanced. I certainly ap- less than a block away from a business aisle, that we can listen to each other, preciated her support and encourage- owned by one of my treasured staff and that we can, I hope, legislate. ment throughout the years and grew to members, four young teenagers, ages I specifically thank my colleague have great admiration and respect for 12, 13, 15, and 16, were shot. The 15- Senator MURPHY for his discipline, his this woman who was not afraid to year-old boy remains in critical condi- engagement, and his work in an impor- chart her own path. tion in Christiana Hospital. He was tant filibuster to show the people of Mary was the heart of the New Era shot in the stomach, hand, and leg. our country that we are listening, we newspaper and will be deeply missed by Earlier this week in Wilmington, a are paying attention, we are working, her colleagues and the hundreds of 15-year-old girl was shot during an ar- and we will soon take action. journalists who passed through that gument at a party. There have been so With that, I thank the Presiding Offi- publication’s offices over the five dec- many instances of gun violence on the cer. ades of her tenure. The paper estab- streets of my hometown in the weeks I yield the floor. lished in 2005 the Mary D. Ferguson and months of this year, last year, and I suggest the absence of a quorum. The PRESIDING OFFICER. The Award, given annually to the employee the year before that we have become clerk will call the roll. most committed to the quality of the numb to it. We have almost lost count The legislative clerk proceeded to newspaper. That tradition will con- of them. Yet this daily carnage con- call the roll. tinue after her death. tinues in my hometown and in towns Mr. SASSE. Mr. President, I ask Kentucky has lost one of its leading all across this country. unanimous consent that the order for lights in journalism, and I have lost a Orlando deserves the amount of at- the quorum call be rescinded. friend. Elaine and I want to express our tention it has received as one of the The PRESIDING OFFICER. Without deepest condolences to Mary’s family. worst mass American atrocities occur- objection, it is so ordered. She is survived by her husband, retired ring in history. Yet we cannot forget f Kentucky State Police Trooper Russell the week-in and week-out tragedies Ferguson, her daughter Lee Ellen Fer- where one, two, and three individuals REMEMBERING MARY D. guson Fish, and two grandchildren. are shot in what now seems to be, FERGUSON Along with the Hopkinsville commu- sadly, routine gun violence all across Mr. MCCONNELL. Mr. President, I nity, we stand by the Ferguson family this country. wish to share with my colleagues the and support them in their time of grief. We have heard in speeches given by very sad news that Mary D. Ferguson, The newspaper Mary Ferguson wrote my colleagues about incidents all over a legendary Kentucky journalist and a for for 54 years, the New Era, published our country. From Orlando to San good friend of mine, has passed away. a remarkable article detailing her life Bernardino to Newtown, from Wil- She departed this life last Thursday, and career. I ask unanimous consent mington to Chicago to Los Angeles, June 9, in the town of Hopkinsville, that the article be printed in the Americans fall victim to gun violence KY, at the age of 82. She will be re- RECORD. each and every day. It doesn’t have to membered and greatly missed by her There being no objection, the mate- be this way. family, many friends, and journalists rial was ordered to be printed in the Americans are 25 times more likely throughout the Commonwealth. RECORD, as follows: to be murdered with a gun than people Mary was a pioneer as a female jour- [From the Kentucky New Era, June 10, 2016] in any other developed country. We can nalist in an era when women were not TRAILBLAZING JOURNALIST, MARY D. and we must do more to prevent sense- expected to enter that profession, but FERGUSON, DIES AT 82 less acts of gun violence. she did not let that deter her from (By Jennifer P. Brown) So today, this week, we mourn the doing what she had dreamed of since HOPKINSVILLE, KY.—Mary D. Ferguson, a lives taken from us too soon in Or- childhood. She got her first job in jour- Kentucky New Era staff writer and col- lando, and I mourn and many of my nalism when she was a freshman in col- umnist who covered stories about farmers, neighbors and constituents mourn the lege, working as the society editor at housewives, Army generals, American presi- lives lost in Wilmington. But we all the Clarksville Leaf-Chronicle. dents and much more in a career lasting pray that the families and friends She also served as the news director more than 50 years, died Thursday morning grieving the loss of their loved ones for a Hopkinsville radio station, at a Hopkinsville nursing home. She was 82. A native of Trenton and longtime resident will find strength and purpose in the WHOP, before being hired as a reporter of Pembroke Road, she lived just a few miles days to come and will bring encourage- by the Kentucky New Era in 1962. from the newspaper. She is survived by her ment from actions by this Senate. There she remained for more than 50 husband, retired Kentucky State Police Tragedies like these don’t just draw years—as a reporter, columnist, and Trooper Russell Ferguson, and their daugh- our attention, don’t just hold our gaze, eventually as an unofficial historian ter, Lee Ellen Ferguson Fish. and don’t just break our hearts; they for the region and fount of institu- Ferguson was a trailblazer for women in also challenge our values as a nation. tional knowledge for the newspaper. By news reporting. In response to the atrocities in Or- A 1952 graduate of Trenton High School in the time she passed away, of course, Todd County, she moved to Clarksville when lando, America’s message to the world she had been working there since be- she started college at Austin Peay State must not be one of fear and anger and fore most of her coworkers were born. University. In the spring of her freshman isolation as some propose. Instead, I Mary touched the lives of thousands year, she applied for the society editor’s job think we can and should take action to in Kentucky and beyond with her work at the Clarksville Leaf-Chronicle newspaper

VerDate Sep 11 2014 05:10 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G16JN6.067 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4294 CONGRESSIONAL RECORD — SENATE June 16, 2016 and was hired on the spot. Years later, she cooked like a pro and remembered names been collecting Americans’ phone said she was shocked to get the job, but she and old tales that others forgot. She missed records in bulk for years under section stayed with the newspaper until a year after restaurants like Charlie’s Steakhouse and 215 of the USA PATRIOT Act, he guid- she graduated. Bartholomew’s when they closed. She was ed the PCLOB’s work in reviewing that She then became the news director for partial to the Whistle Stop’s chocolate WHOP. Walking from store to store in down- glazed doughnuts. Sushi and egg rolls were program and releasing a comprehensive town Hopkinsville, she delivered the radio not her thing. report in January 2014. The rec- station’s daily Shell-O-Gram, a promotional She wore tailored dresses, cardigan sweat- ommendations in that landmark report flyer for Shell Oil that featured news head- ers, high heels and pearls to work. When the included ending the bulk collection of lines of the day. The radio station, which newsroom eventually went smoke-free, she Americans’ phone records, installing was on South Virginia Street, had a mobile took her cigarette breaks wearing a mink an amicus at the FISA Court, and in- unit set up in a station wagon, and Ferguson coat on the newspaper’s loading dock, where stituting a number of other privacy also broadcast live stories from the field. she was likely to collect a few story ideas The New Era hired her on February 5, 1962, from the pressmen or a truck driver. protections. Many of these rec- to cover crime, courts and Fort Campbell. While the newsroom became younger and ommendations were subsequently en- She was the first female reporter in the increasingly reliant on the internet, she acted into law in the bipartisan USA newsroom. packed her desk drawers with old city direc- FREEDOM Act of 2015. Although the paper’s owners had recruited tories, history books and paper files. She Under Mr. Medine’s leadership, the her, it took a while for the men in the news- could put her hands on a photograph of an PCLOB also released a detailed unclas- room to accept Ferguson. Reminiscing last old general before a young editor could even sified report in July 2014 on surveil- fall about her start at the New Era, she re- begin the search on Google. lance conducted pursuant to section 702 membered how her news judgment and writ- No one covering news in Hopkinsville ing style were frequently criticized early on. today—not at the newspaper and not at any of the Foreign Intelligence Surveil- Things began to shift in her favor one day of the radio stations—could match her insti- lance Act, which is slated to expire at when a local judge publicly praised one of tutional knowledge of people and events that the end of next year. This report in- her stories. shaped southern Pennyrile communities over cludes a valuable unclassified expla- Ferguson was on a first-name basis with the past 80 years. nation of the implementation of sec- several commanding generals, and their fam- ‘‘There are a rare class of people who, when tion 702. These reports and Mr. ily members, at Fort Campbell. She also cov- they come into your life, however it may be, Medine’s related testimony before the ered Presidents Lyndon B. Johnson, Jimmy you just feel lucky to have known them,’’ Carter, Ronald Reagan, George H.W. Bush, Editor Eli Pace said. ‘‘Mary D. was tough as Senate Judiciary Committee have been Bill Clinton and George W. Bush at Fort nails, classy beyond description and just tremendously beneficial to Congress Campbell or nearby communities. She filed wonderful—and I was lucky.’’ and the American people in examining stories from the inaugurations of two Ken- She was opinionated too. Once, when a new government surveillance programs. tucky governors, Edward T. ‘‘Ned’’ Breathitt editor announced that the New Era would Mr. Medine’s public service spans and Louie B. Nunn. begin re-running obituaries every time the more than 20 years. Over the course of She loved the arts and was granted a back- newspaper or a funeral home made a mistake his career, he has earned a reputation stage interview with the opera singer Marian because readers liked to clip them out for as a thoughtful and well-respected au- Anderson at Fish University in Nashville. family records, Ferguson snapped, ‘‘What are Ferguson was so overcome with appreciation we, a newspaper or a scrapbook company?’’ thority on privacy and data security that she broke down and cried as she ap- Ferguson, who sometimes prayed for issues. I commend Mr. Medine for his proached the celebrity. friends and co-workers from her front porch dedicated public service and efforts to As a general assignment reporter, Fer- swing in the evening, believed that her best protect the privacy and civil liberties guson wrote a wide range of stories, includ- writing at the New Era came in a Christmas of the American people, and I wish him ing murder investigations, businesses open- Eve column she wrote about her father’s well in this new chapter. ing and closing, fatal crashes, hospital ex- dairy barn. (At the request of Mr. BURR, the fol- The column included this: ‘‘My memories pansions, lawsuits, tobacco auctions, elec- lowing statement was ordered to be tions, floods, fires, high school graduations, were born in a stable located on a hill just concerts and the deaths of many friends. north of Trenton near the Todd-Christian printed in the RECORD.) Ferguson was among the New Era report- county line. The wide front door opened to f ing team that covered the aftermath of the the southwestern sky, and at night there was Gander, Newfoundland, crash in December a star spectacle that outshone the blinking VOTE EXPLANATION 1985 that killed 248 soldiers headed back to of multi-colored Christmas lights wrapped ∑ Mr. RUBIO. Mr. President, I am a Fort Campbell after a six-month deployment around a tree and bushes . . . The warmth, proud cosponsor of the Compressive to the Sinai Peninsula in Egypt. She was at the smells, the sound of a soft wind and stars Addiction and Recovery Act, or CARA, Fort Campbell the day President Ronald in the sky—no greater peace could be en- a bill that would help Americans in the Reagan and first lady Nancy Reagan came to joyed.’’ fight against the opioid and heroin epi- the post to console the families. Ferguson’s last column was about the ar- She rejected the idea of ever retiring, al- rival of the first hummingbird to her house demic sweeping across our Nation. Due though she did eventually scale back her at 2:30 p.m. April 16. Ever the reporter, she to the Orlando tragedy that took place hours and devoted her time mainly to writ- had recorded the exact time and day. on Sunday, I was unable to be present ing daily obituaries and a popular human-in- f today to vote in favor of going to con- terest column that ran on Saturdays. Even ference on CARA to finalize the legisla- TRIBUTE TO DAVID MEDINE when cancer treatments made it difficult for tion and further assist Americans in her to type, she continued to dictate a week- Mr. LEAHY. Mr. President, for the their battle against addiction. If I were ly column to another staff member. past 3 years, David Medine has served She was rare among journalists with a ca- present during the vote, I would have reer spanning more than 60 years at two as chairman of the Privacy and Civil voted in favor of going to conference on newspapers and the radio station. Liberties Oversight Board, PCLOB—the CARA.∑ No one working in the New Era’s newsroom first chairman finally to be confirmed f today had been born when Ferguson started after Congress reestablished the working for the paper at its old offices in PCLOB as an independent agency and NATIONAL DEFENSE downtown Hopkinsville. She experienced nu- strengthened its authority. Under his AUTHORIZATION BILL merous changes in the newspaper industry. leadership, the PCLOB has worked dili- Mr. DAINES. Mr. President, I wish to She gave up her typewriter for computers gently to review surveillance programs enter into a colloquy with my col- but never really accepted the internet as a useful tool. and make recommendations to protect league from Arizona. New Era Publisher Taylor Hayes said he individual privacy and civil liberties. The National Defense Authorization thought of Ferguson as the newspaper’s ‘‘ma- Mr. Medine recently announced that he Act which the Senate passed this week triarch.’’ Employees counted on her frank will be leaving government service to is the most critical piece of legislation opinion and advice. join a nonprofit organization that for our national security that we de- ‘‘This classy lady provided such a footing serves low-income and disadvantaged bate each year, and I thank my col- to our company, particularly in the news- individuals. He will be missed. league from Arizona, the chairman of room, and her absence cannot be easily grasped,’’ Hayes said. ‘‘She was a rock.’’ Mr. Medine was confirmed at a crit- the Armed Services Committee, for his Ferguson drove a red Cadillac, voted Re- ical time, just a month before the first hard work on this legislation. publican, loved big friendly dogs, fed bread Snowden revelations in June 2013. In One important provision that should to fat squirrels in her yard, laughed often, response to reports that the NSA had be in the final NDAA is the elevation of

VerDate Sep 11 2014 05:10 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A16JN6.061 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 16, 2016 CONGRESSIONAL RECORD — SENATE S4295 Cyber Command. Cyber warfare is tak- my colleague from Montana has en- weapons of war, and they do not belong in ing place every day. It is a domain of sured the Defense appropriations legis- our communities. war that our Nation must dominate lation complements our efforts in We can expand background checks—an idea just as we do on land, at sea, and in the cyber command. supported by almost 90 percent of the Amer- ican people and a majority of NRA mem- air. At the rate electronic warfare is Can you elaborate on your efforts? bers—which will help keep guns out of the growing, I believe elevating Cyber Mr. DAINES. My colleague from Ari- hands of criminals and the mentally ill. Command to a combatant command is zona is correct. My provisions in the We can pass the Gun Violence Intervention vital to ensuring that the United Defense appropriations legislation Act, which would allow families to go to States is fully prepared for cyber war- states that the Department of Defense court to seek a ‘‘gun violence prevention fare and has unparalleled capabilities has the funding needed to elevate order’’ to temporarily stop someone who in that domain. Cyber Command to a combatant com- poses a threat to themselves or others from Does my colleague from Arizona feel mand this year. We cannot wait for our purchasing or possessing a gun. We can increase funding for the Urban the same? enemies to outmaneuver us on this new Area Security Initiative (UASI), an impor- Mr. MCCAIN. Mr. President, I strong- battlefield. Elevating Cyber Command tant grant program that helps communities ly agree with my friend from Montana. to a combatant command is one of the plan how best to prevent and respond to acts Elevating Cyber Command is one of best ways we can ensure our troops of terrorism. the most critical pieces to ensuring our have the authority they need to suc- We can protect our children by investing in Nation is at the forefront of the rising ceed. the Comprehensive School Safety Initiative, threats abroad. Earlier this year in the I want to thank my colleague from which helps schools develop school safety Armed Services Committee, I held a Arizona for his commitment to a con- plans and provide critical safety training to hearing on Cyber Command. I was told school personnel. tinued effort on the elevation of Cyber We need a layered defense to protect our by the commander of Cyber Command, Command and thank him for his con- communities from criminals and terrorists ADM Mike Rodgers, that this elevation tinued hard work on behalf of the men who want to inflict mass casualties, and that would make them faster, generating and women of our Armed Forces. is what these proposals would provide. better mission outcomes. These are the (At the request of Mr. DURBIN, the We know that tough gun safety laws work. individuals we have leading the fight following statement was ordered to be We have seen it in other countries, like Aus- against ISIS on the newly established printed in the RECORD.) tralia. And we have seen it in my state of California which—after passing sensible online battlefield—better mission out- f comes is something we need. laws—saw a 56 percent drop in gun violence At a time when we are also debating GUN VIOLENCE between 1993 and 2010, according to the Law ∑ Center to Prevent Gun Violence. what the entire combatant command Mrs. BOXER. Mr. President, I ask People deserve to feel safe in their commu- structure should look like, one thing is consent to have printed in the RECORD nities. They deserve to feel safe at work, at clear: Cyber is growing, and its com- an article from June 15, 2016, in the school, at a shopping mall, at a movie the- mand structure needs to grow as well. Huffington Post, regarding the Orlando ater, at a health clinic, at a night club. I look forward to ensuring this debate shooting and the urgent need for the As elected officials, we take an oath to is settled in conference and Cyber Com- Senate to take action on gun control. protect and defend the American people. mand is elevated to a combatant com- The material follows: Right now, we are failing at our most basic mand. task—keeping our children and our families [The Huffington Post, June 15, 2016] safe from harm. Does my colleague from Montana ON GUN VIOLENCE—LET’S COME TOGETHER It isn’t enough for us to keep lamenting agree? AND STOP THE HEARTBREAK these tragedies. The people of Orlando, San Mr. DAINES. Mr. President, I do (By Senator Barbara Boxer, Ranking Mem- Bernardino, Isla Vista, Newtown and so share my colleague from Arizona’s ber, Senate Environment and Public Works many other communities want more than commitment to elevate Cyber Com- Committee) words. They want action. And they want it ∑ mand to a combatant command in con- Columbine. Virginia Tech. Fort Hood. Tuc- now. ference. The House NDAA includes a son. Aurora. Newtown. Navy Yard. Isla f provision to elevate Cyber Command, Vista. Charleston. Umpqua. Colorado and I stand with eight bipartisan Mem- Springs. San Bernardino. ADDITIONAL STATEMENTS bers of the Senate, including my col- And now Orlando is etched into the list of league from Arizona, who support this places in America that have been forever scarred by gun violence. TRIBUTE TO DR. BENNY GOODEN effort. It is paramount that the final In the aftermath of each of these deadly ∑ fiscal year 2017 NDAA that goes to the mass shootings, we express our horror, our Mr. BOOZMAN. Mr. President, today President’s desk includes this provi- prayers for the victims and survivors, our I wish to honor Fort Smith School Dis- sion. condolences, our thanks to the courageous trict superintendent Dr. Benny Can my colleague from Arizona fur- first responders—and of course, we must and Gooden, who will retire at the end of ther describe the value that elevating we should. But words are not enough. June after a lifetime of dedication to Cyber Command would bring? After the horrific tragedy at Sandy Hook education. Mr. MCCAIN. Mr. President, for Elementary School four years ago, I was con- Dr. Gooden has led the Fort Smith years, our enemies have been setting vinced that Congress would finally take ac- School District since 1986, and in those tion to address that epidemic of gun violence the norms of behavior in cyber space that kills more than 30,000 Americans every 30 years, he has proven himself to be a while the White House sat idly by hop- year. But only four Republicans were willing driving force in education at the local, ing the problem will fix itself. With the to join with 51 Democrats and independents, State, and national level. elevation of Cyber Command, we are and so commonsense gun safety legislation He made a career out of helping stu- able to ensure we set ourselves on the was once more derailed. dents and creating a solid education, to right course for this new form of war- That’s why I am so proud that Senator pave the way for a successful future for fare. And we will do it without creating Chris Murphy—joined by his Connecticut them. During his 50 years in education, a hollow force. Just as it would be un- colleague, Senator Richard Blumenthal— he always put students first and fought took to the Senate floor with a simple mes- acceptable to send a soldier to battle sage: Enough is enough. The Senate must ad- to ensure the community created op- without a rifle, it is unacceptable to dress this issue with a vote. portunities in their best interest. deprive our cyber forces the basic tools We may not be able to prevent every trag- Dr. Gooden has remarked to the they need to execute their missions. edy, but there is so much we can do to save School Superintendents Association We must remain committed to ensur- lives and protect our communities. And we that his best professional day was when ing Cyber Command has the authority, can do it while still protecting the Second Fort Smith voters approved a 20 per- the funding, and the tools it needs to Amendment. We should start by taking these cent tax increase to guarantee the dis- succeed. six commonsense steps right now: trict’s financial stability. We can pass legislation to prevent a sus- I look forward to the continued work pected terrorist from buying firearms or ex- He has been recognized for his career on this issue with my colleague from plosives. as a school administrator earning the Montana and to working in conference We can pass legislation to keep military- American Association of School Ad- to ensure this elevation. I understand style weapons off our streets. These are ministrators’ Arkansas Superintendent

VerDate Sep 11 2014 05:10 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G16JN6.060 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4296 CONGRESSIONAL RECORD — SENATE June 16, 2016 of the Year award and was ranked in six State championships in football— After her brother George Dolezal sur- the top 100 Outstanding School Admin- more than any other school district in vived the attack on Pearl Harbor, istrators in North America by Execu- the 7A classification. Frances was anxious to do her part and tive Educator magazine. He was named During Rowland’s time as athletics graciously enlisted in July of 1943. She Administrator of the Year by the Ar- director, he oversaw an extensive was stationed on Terminal Island in kansas PTA in 1995, received the Phoe- growth in athletics. Under his leader- San Pedro, CA, for the next 2 years, be Apperson Hearst Outstanding Edu- ship, both Northside and Southside serving as a second class aviation ma- cator award from the National PTA in High school won State championships chinist mate, preparing airplanes be- 1999, and a year later was the recipient in track, volleyball, bowling, and golf. fore they were shipped overseas. of the Dr. Dan Pilkington Award by the His passion helped improve athletics When the war ended, Frances re- Arkansas School Boards Association. in Fort Smith to a level not seen be- turned to Montana and earned her These accolades are all well deserved. fore. In 2009, Fort Smith School Board, bachelor’s degree in education from the Dr. Gooden is actively engaged in the in a unanimous vote, renamed South- Western Montana College of Education, legislative process at the State and na- side High School’s stadium, Jim Row- now University of Montana Western, in tional levels on behalf of education. He land Stadium as thank you for his Dillon. Frances would go on to be a has served as a member of the Execu- services. first grade teacher and serve the com- tive Committee of the American Asso- I congratulate Coach Rowland for his munities of Cutbank, Malta, Havre, ciation of School Administrators and outstanding achievements in athletics Zortman, Ledger and Browning for served as the organization’s president and education. I thank him for his over 25 years. from 2012–2103. Dr. Gooden has served service to the Fort Smith School Dis- Frances was a tough teacher but fair. his community, State, and Nation in a trict and the countless students he im- In Browning, where class attendance remarkable way in pursuit of better pacted, including me. I was on the was low, Frances created an innovative education opportunities for Arkansas Darby Rangers football team in eighth cotton ball calendar tactic to motivate students. grade when he started his coaching ca- class participation. Her classes held He has been a resource for me over reer in Fort Smith, and I was a mem- the highest attendance rates and many the years to keep up with the needs ber of the Northside Grizzlies when he of her schoolchildren would exit first and challenges of our education sys- became an assistant coach at the high grade with third grade reading levels. tem. Whether pursuing opportunities school. Coach Rowland was a role Her brother Bob says: ‘‘Her ability to for students of diverse backgrounds, model and one of the most positive in- motivate little ones was what I was al- cheering the accomplishments of adult fluences in my life, as well as so many ways impressed with. She instilled in education graduates, or paving the way others. them to never quit; keep trying until for advanced technology in the class- His efforts to foster growth in the you can succeed.’’ On Frances’ 100th birthday she was room, Dr. Gooden’s dedication to the district and enhance athletics in Fort showered with letters, cards, and gifts young people of Fort Smith has made a Smith have become reality. I greatly from her former students. One student, positive impact on the community. Be- appreciate his commitment to the now a successful businessman in Bil- cause of this, Fort Smith will continue schools and athletic programs, his lings, MT, made it a priority to be in to benefit from Dr. Gooden’s work long guidance and friendship, and I wish him continued success in all of his en- attendance for the celebration. The after his retirement. young man thanked Frances and said I congratulate Dr. Gooden for his deavors. Fort Smith is fortunate to that, among all of his teachers and col- outstanding achievements in his career have had someone with his passion and lege professors, Mrs. Ordway was his dedication to the schools.∑ and thank him for his dedication to favorite. education, students and the commu- f In an effort to ensure all female nity. I appreciate his friendship and en- TRIBUTE TO FRANCES DOLEZAL World War II veterans receive their joyed supporting his efforts to improve World War II service medals, Frances education. I wish him all the best in re- ∑ Mr. DAINES. Mr. President, on Janu- ary 9, 1915, the Dolezal family scurried was recently honored by the Montana tirement and know that his wife Mar- American Legion in Chinook, MT. tha and the rest of his family will around a humble homestead in Hingham, MT. The house had no heat, Frances was pinned with her World enjoy the opportunity to spend more War II Victory Medal in honor of her no plumbing, and no modern conven- time with him.∑ service from 1943 to 1945. iences to combat the bitter Montana f It is stories like Frances’s, the cold. Jerry and Grace Dolezal had just TRIBUTE TO JIM ROWLAND Dolezal family, and numerous others welcomed a brand-new baby girl— that remind us of the importance of ∑ Mr. BOOZMAN. Mr. President, today Frances. Her brother Bob Dolezal says, preserving these stories through efforts I wish to honor Fort Smith School Dis- ‘‘My father used to say, she was so like the Veterans History Project. trict athletics director Jim Rowland small, she could have worn a ring as a Though many people may never know who will retire in June after serving bracelet.’’ Frances was a premature her name, Montanans and Americans the school district for over half a cen- breach birth, and the family took turns owe her our appreciation. Thank you, tury. Rowland’s dedication to edu- huddling around her crib, a small Frances, for your patriotism and com- cation and athletics in Fort Smith is dresser drawer, refilling a hot water mitment to the education of young nearly unprecedented. bottle each hour to keep the newborn Montana minds.∑ Jim Rowland has been involved in warm. Frances would survive that f Fort Smith’s school district since 1963. night and many more. She celebrated He began work at Darby Junior High her 101st birthday this last January. TRIBUTE TO CHRISTINA ARAGON School as the head coach for track and I would like to take this time to rec- ∑ Mr. DAINES. Mr. President, I would football. In 1966, Rowland became an ognize and honor her service to-our- like to call your attention to Christina assistant coach to the football team at country and her contribution to the Aragon, a recent graduate of Billings Northside High School and, in 1970, was children of Montana. We are the land of Senior High School. While in high named head coach at crosstown rival, the free because of the brave, and as we school, Christina competed in track Southside High School. continue to face foreign and domestic and field, gymnastics, was an active After a successful coaching career, threats I am humbled by the service member of the National Honors Soci- Coach Rowland moved to the adminis- men and women who have protected ety and concert band, and was named trative sector becoming assistant prin- and served. In 1942 the United States the Gatorade Montana Track and Field cipal in 1982 at Southside High School. faced a shortage of military personnel athlete of the year in 2015. Christina is Nine years later, Coach Rowland as- due to World War II. In an effort to fill the youngest daughter of Chuck and sumed the role of athletics director for the void, the Women Accepted for Kathy Argon and is running her way Fort Smith Public School District. Emergency Volunteer Service program, into the record books. Under his watch, both Northside and or WAVES, was created and allowed Christina, known as Teeny by friends Southside High School won a combined women to enlist in the U.S. Navy. and family, is a remarkable track and

VerDate Sep 11 2014 05:10 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G16JN6.057 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 16, 2016 CONGRESSIONAL RECORD — SENATE S4297 field athlete whose events include the TRIBUTE TO DAVE WICHMAN Department of Geological Sciences at 400m, 800m, 1500m, 1600m, and the ∑ Mr. DAINES. Mr. President, today I the University of Nevada, Reno. He 3,200m. Over the course of her high wish to recognize Dave Wichman, su- also served as a board member of the school career, Christina earned nine perintendent and assistant professor of Economic Development Authority of State champion titles; three of those agronomy at Montana State Univer- Western Nevada and the Nevada Devel- titles were earned while running with a sity. He has dedicated 35 years of his opment Authority. In addition, he broken elbow. life working in the agricultural re- spearheaded various initiatives in un- On June 5, Christina attended the search centers for the State of Mon- manned aircraft systems technology, Payton Jordan Invitational at Stan- tana. as well as helping position Nevada as a ford and completed the 1500m in 4:11.24. Dave has worked with Montana Agri- frontrunner in advanced technologies. I Competing in a packed race with mul- cultural Experiment Stations since have worked with him personally on tiple professionally sponsored runners, 1976, serving at both the Southern Ag various Nevada priorities and am this 18-year-old surprised everyone in Research Center in Huntley and Cen- thankful to have had him as an ally in attendance. On June 12, at the Port- tral Ag Research Center in Moccasin, these initiatives. land Track Festival, Christina defied MT. Dave has impacted forage crops, Dr. Wells has received three national expectations yet again and set a na- pulse crops, oil seed crops, cereal awards in recognition of his work: the tional record of 4:09.27, becoming the agronomy, and foundation seed. Geological Society of America Kirk third fastest 1500m high schooler in Dave, thank you for your passion, Bryan Award, the Gladys Cole Award, history, while simultaneously quali- your knowledge, and your dedication. and the Geological Society of America fying for the Olympic time trials. This Montana thanks you for a job well Farouk El-Baz Award. These accolades weekend, she will compete in the done and wishes you the best.∑ are a tremendous honor, and without a Brooks PR Invitational in Renton, WA, doubt, Dr. Wells’ work warrants this where she holds the record for the 800m f recognition. at 2:04.00. Christina will also attend the TRIBUTE TO DR. STEPHEN WELLS I ask my colleagues and all Nevadans Olympic time trials in Oregon on July ∑ to join me in thanking Dr. Wells for his 1, 2016. Mr. HELLER. Mr. President, today I dedication to DRI throughout the past Christina represents the youngest of wish to recognize Dr. Stephen Wells for 16 years. He exemplifies the highest the Aragon track and field legacy. Her his service with the Desert Research standards of leadership and service and father was the first Notre Dame runner Institute, or DRI, after being a signifi- should be proud of his meaningful ca- to break the 4-minute mile in 1981. Her cant team member for 16 years. It gives reer. I wish him well in all of his future mother competed in her third Olympic me great pleasure to recognize his endeavors and in his new role with the time trial in 2004, and her older sisters, years of hard work and commitment to New Mexico Institute of Mining and Danielle and Alexa, hold multiple making this institute the best it can Technology.∑ State champion titles and run together be. Dr. Wells earned his master’s degree as All-Americans at Notre Dame. f Christina will attend Stanford Univer- and doctorate in geology from the Uni- versity of Cincinnati in Ohio. He later sity this fall and continue her track TRIBUTE TO AMBER PARSONS and field career. served as a professor of geomorphology When asked about the Olympic time and chair of the graduate program in ∑ Mr. MANCHIN. Mr. President, I rise trials, Christina commented, ‘‘I’m ob- the Department of Earth Sciences at today to honor Amber Parsons, an out- viously going to be pretty nervous, but the University of California, Riverside, standing and accomplished young I’m just going to try to channel that jumpstarting his academic career. In woman from Wheeling, WV. nervousness into more excitement be- 1976, he joined the University of New Amber, a recent graduate of Wheel- cause that’s just an awesome oppor- Mexico, serving as chair of the Depart- ing Park High School, graduated in tunity and I’m really lucky to be able ment of Geology from 1989 to 1991. In May with honors and with an out- to have that so I’m just going to go out both roles, Dr. Wells built internation- standing 4.0 GPA. She has received nu- there and have fun and run fast, hope- ally recognized research and graduate merous Presidential Award Scholar- fully.’’ programs and enrolled 34 students into ships because of her outstanding effort William Shakespeare wrote, ‘‘Though the programs. and hard work and also attended the she be but little, she is fierce,’’ a quote Beginning in 1995, Dr. Wells began his Global Youth Leadership Conference that I feel resonates all too well with lengthy tenure with the DRI as execu- last summer with individuals from this determined and fearsome young tive director of the Quaternary more than 30 countries. lady. I ask that you join me in wishing Sciences Center. Throughout the next The Global Youth Leadership Sum- Christina the best of luck in the com- 16 years, he worked diligently to climb mit is both an academic and profes- ing weeks. I have no doubt that she the ladder and became president of sional opportunity for young men and will continue to make her family and DRI, one of the world’s largest multi- women to not only enhance their aca- Montana proud.∑ disciplinary environmental research demic abilities, but grow personally f organizations, located in our great and professionally as well. The summit State. The institute has 500 scientists, immerses students in various cultures TRIBUTE TO BRENDA KADRMAS technologists, students, and other staff and gives them the opportunity to ∑ Mr. DAINES. Mr. President, today I working to further develop nationally interact with policy officials, lobby- wish to recognize a Havre Police De- recognized research. Dr. Wells led the ists, journalists, and other industry partment dispatcher, Brenda Kadrmas. institute with three core divisions and leaders. It is a wonderful opportunity Originally from Conrad, Brenda is a 10- four interdisciplinary science centers, for young men and women to learn and year veteran to the department. She which serve Nevada and regions across grow on a professional and personal acted in a swift and steadfast manner the globe with innovative research. Dr. level. during a terrifying situation and put Wells also helped to build the institute Amber is the only individual ever her extensive training to work in order to a $50 million per year operation, from West Virginia to be selected to at- to prevent a suicide. compared to the $23.8 million in 1998. tend this prestigious conference. While Brenda has taken full advantage of Residents across the State are fortu- being selected from 3,700 applicants is training opportunities—thankfully, she nate to have had someone of such dedi- an accomplishment in itself, she was did; she was able to save a life. Thank cation working on behalf of the insti- also selected to return again this year. you, Brenda, for your commitment to tute. Less than 10 percent of previous the department and the city of Havre. During his time in Nevada, he attendees are asked to return, and You have shown tremendous leadership emerged as a true leader within our Amber was included in that small per- and dedication, and for that, I am community. Dr. Wells served as a grad- centage. proud of you. Keep up the great work, uate faculty member in the Aside from her outstanding academic and thank you for your service.∑ hydrological sciences program and the work, Amber also helped to establish

VerDate Sep 11 2014 05:10 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G16JN6.066 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4298 CONGRESSIONAL RECORD — SENATE June 16, 2016 St. Baldrick’s Day in Wheeling, a pre- donated it to Boy Scouts; established their own safety, and the safety of their fam- miere childhood cancer research fund- an educational loan fund to send young ilies, during a covered furlough. raiser that is prominent throughout people to college; created a dental pro- The enrolled bills were subsequently the State and has been for 13 years. gram for children and youth; donated signed by the President pro tempore Alongside all of her accomplish- $10,000 for the establishment of Camp (Mr. HATCH). ments, Amber also enjoys performing Ingham, a facility for troubled boys be- f in stage productions and has performed tween the ages of 14 and 17; and, in 2002, in several, including ‘‘Scrooge,’’ ‘‘Foot- it contributed $100,000 to Lansing’s MEASURES REFERRED loose’’ among others. Helping Other People Excel, HOPE, The following bill was read the first Amber Parsons is not only an out- scholarship program for Lansing at- and the second times by unanimous standing student, but an accomplished risk youth. consent, and referred as indicated: individual as well. Being a member of Today Lansing Rotary boasts a mem- H.R. 1475. An act to authorize a Wall of Re- National Honor Society, graduating bership of nearly 300 and continues to membrance as part of the Korean War Vet- from Wheeling Park with honors, and fulfill its mission of ‘‘Service Above erans Memorial and to allow certain private being selected to attend the Global Self.’’ Since its establishment 100 years contributions to fund that Wall of Remem- Youth Leadership Summit, I am ex- ago, it has donated millions of dollars brance; to the Committee on Energy and tremely proud of this young woman for to Lansing-based organizations and Natural Resources. representing my State of West Vir- continues to give through annual f ∑ ginia. grants to organizations like the Great- ENROLLED BILL PRESENTED f er Lansing Food Bank, the Mother Te- resa House, and Lifetech Academy, The Secretary of the Senate reported 100TH ANNIVERSARY OF THE that on today, June 16, 2016, she had LANSING ROTARY CLUB Michigan’s cyber school. Moreover, it provides similar services internation- presented to the President of the ∑ Mr. PETERS. Mr. President, today I ally, including grants for small United States the following enrolled wish to recognize the Lansing Rotary projects in the Philippines, India, and bill: Club’s centennial. For 100 years, the Mexico, and larger projects like the S. 2276. An act to amend title 49, United Lansing Rotary has been a cornerstone construction of a school in Sri Lanka States Code, to provide enhanced safety in of fellowship and service for those in pipeline transportation, and for other pur- after the tsunami. Through its gen- poses. the greater Lansing community. erous service to Lansing and helping Throughout that time, it has remained shape business leaders and community f committed to the core value of all Ro- leaders alike, Lansing Rotary is truly a EXECUTIVE AND OTHER tarians, ‘‘Service Above Self,’’ by en- pillar of mid-Michigan COMMUNICATIONS hancing the quality of life of the City’s I am honored to ask my colleagues to residents and helping shape business The following communications were join me today in recognizing the Lan- laid before the Senate, together with leaders into community leaders. sing Rotary Club’s 100th anniversary Founded on May 29, 1916, the Lansing accompanying papers, reports, and doc- and its service to the greater lansing uments, and were referred as indicated: Rotary was the 232nd club in the world community. As the organization moves and the seventh in Michigan. Its com- into the future, I am confident it will EC–5778. A communication from the Chair mitment to service was demonstrated of the Board of Governors, Federal Reserve continue to demonstrate the same high System, transmitting, pursuant to law, a re- almost immediately; within the first 6 standard it set so profoundly 100 years months, the club contributed funds to port entitled ‘‘Report to the Congress on the ago.∑ Profitability of Credit Card Operations of help erect a barrier at a dangerous f Depository Institutions’’; to the Committee curve on Okemos Road, generated en- on Banking, Housing, and Urban Affairs. thusiastic support for a citywide vote MESSAGES FROM THE PRESIDENT EC–5779. A communication from the Assist- to establish municipal garbage collec- Messages from the President of the ant Secretary of the Army (Civil Works), transmitting, pursuant to law, a report enti- tion for Lansing residents, donated United States were communicated to footballs to the poorly equipped Lan- tled ‘‘The 2015 Evaluation Report to the U.S. the Senate by Mr. Pate, one of his sec- Congress on the Effectiveness of Coastal sing Boys Industrial School, and began retaries. the tradition of hosting annual Christ- Wetlands Planning, Protection and Restora- f tion Act Projects’’; to the Committee on En- mas parties for children in need. vironment and Public Works. What truly thrust Lansing Rotary EXECUTIVE MESSAGES REFERRED EC–5780. A communication from the Direc- into the spotlight was its organizing of As in executive session the Presiding tor of Regulations and Policy Management the Cabaret Charity Ball in 1917. Cre- Officer laid before the Senate messages Staff, Food and Drug Administration, De- ated to pay for the paving of the road partment of Health and Human Services, from the President of the United connecting Lansing and East Lansing, transmitting, pursuant to law, the report of States submitting sundry nominations the State Journal called the Ball, ‘‘eas- a rule entitled ‘‘Advisory Committee; Trans- which were referred to the appropriate ily the most talked of social event in missible Spongiform Encephalopathies Advi- committees. sory Committee; Termination’’ (Docket No. the history of the city . . . it will be (The messages received today are FDA–2016–N–0001) received in the Office of the marking of the growth of Lansing printed at the end of the Senate pro- the President of the Senate on June 10, 2016; from a little city to the ways and hab- ceedings.) to the Committee on Health, Education, its of larger and more progressive cit- Labor, and Pensions. ies.’’ In a remarkable display for a club f EC–5781. A communication from the Assist- still less than a year old, the ball at- MESSAGE FROM THE HOUSE ant Secretary for Legislation, Department of tracted hundreds of attendees and Health and Human Services, transmitting, funded the paving of the road known ENROLLED BILLS SIGNED pursuant to law, a report entitled ‘‘2012 and At 2:20 p.m., a message from the 2014 Regional Partnership Grants to Increase today as Michigan Avenue, the road the Well-Being of and to Improve the Perma- that leads directly to Michigan’s Cap- House of Representatives, delivered by Mr. Novotny, one of its reading clerks, nency Outcomes for Children Affected by itol building. Substance Abuse: Third Annual Report to Like many rotary clubs around the announced that the Speaker has signed Congress’’; to the Committee on Health, world, Lansing Rotary gained a reputa- the following enrolled bills: Education, Labor, and Pensions. tion for its emphasis on providing S. 2276. An act to amend title 49, United EC–5782. A communication from the Assist- unique services. Continuing the main States Code, to provide enhanced safety in ant Secretary for Legislation, Department of trend of its work during that im- pipeline transportation, and for other pur- Health and Human Services, transmitting, mensely successful first year, Lansing poses. pursuant to law, a report entitled ‘‘Report to H.R. 812. An act to provide for Indian trust Congress on the Food Processing Sector Rotarians became best known for their asset management reform, and for other pur- Study’’; to the Committee on Health, Edu- efforts in assisting disadvantaged chil- poses. cation, Labor, and Pensions. dren. In the decades that followed, the H.R. 2137. An act to ensure Federal law en- EC–5783. A communication from the Assist- club purchased a 12-acre campsite and forcement officers remain able to ensure ant Secretary for Legislation, Department of

VerDate Sep 11 2014 05:29 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G16JN6.061 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 16, 2016 CONGRESSIONAL RECORD — SENATE S4299 Health and Human Services, transmitting, Donald Karl Schott, of Wisconsin, to be By Mr. TOOMEY: pursuant to law, a report entitled ‘‘Medicaid United States Circuit Judge for the Seventh S. 3069. A bill to prevent terrorists from Incentives for Prevention of Chronic Dis- Circuit. obtaining firearms or explosives; to the Com- eases (MIPCD) Evaluation: Second Report to Stephanie A. Finley, of Louisiana, to be mittee on the Judiciary. Congress’’; to the Committee on Health, United States District Judge for the Western By Mr. FRANKEN (for himself and Mr. Education, Labor, and Pensions. District of Louisiana. CASEY): EC–5784. A communication from the Direc- Claude J. Kelly III, of Louisiana, to be S. 3070. A bill to amend the Public Health tor, Office of Regulations and Reports Clear- United States District Judge for the Eastern Service Act to address the increased burden ance, Social Security Administration, trans- District of Louisiana. that maintaining the health and hygiene of mitting, pursuant to law, the report of a rule Winfield D. Ong, of Indiana, to be United infants and toddlers places on families in entitled ‘‘Revised Medical Criteria for Evalu- States District Judge for the Southern Dis- need, the resultant adverse health effects on ating Respiratory System Disorders’’ trict of Indiana. children and families, and the limited child (RIN0960–AF58) received in the Office of the (Nominations without an asterisk care options available for infants and tod- President of the Senate on June 10, 2016; to were reported with the recommenda- dlers who lack sufficient diapers; to the the Committee on Finance. tion that they be confirmed.) Committee on Health, Education, Labor, and EC–5785. A communication from the Direc- f Pensions. tor of the Peace Corps, transmitting, pursu- By Mrs. GILLIBRAND (for herself and ant to law, the Office of Inspector General’s INTRODUCTION OF BILLS AND Mr. SCHUMER): Semiannual Report for the period of October JOINT RESOLUTIONS S. 3071. A bill to designate the facility of 1, 2015 through March 31, 2016; to the Com- The following bills and joint resolu- the United States Postal Service located at mittee on Homeland Security and Govern- 7802 37th Avenue in Jackson Heights, New mental Affairs. tions were introduced, read the first York, as the ‘‘Jeanne and Jules Manford EC–5786. A communication from the Chair- and second times by unanimous con- Post Office Building’’; to the Committee on man of the Council of the District of Colum- sent, and referred as indicated: Homeland Security and Governmental Af- bia, transmitting, pursuant to law, a report By Mr. UDALL (for himself, Mr. fairs. on D.C. Act 21–411, ‘‘School Attendance Clar- MERKLEY, Mr. WHITEHOUSE, Mr. By Mr. JOHNSON: ification Amendment Act of 2016’’; to the SCHUMER, Ms. BALDWIN, Mr. BENNET, S. 3072. A bill to combat terrorist recruit- Committee on Homeland Security and Gov- Mr. LEAHY, Mr. KING, Mr. FRANKEN, ment in the United States, and for other pur- ernmental Affairs. Ms. HEITKAMP, Ms. KLOBUCHAR, Ms. poses; to the Committee on Homeland Secu- EC–5787. A communication from the Assist- WARREN, Mr. MARKEY, Mr. SCHATZ, rity and Governmental Affairs. ant Secretary for Legislation, Department of Mr. SANDERS, Mrs. GILLIBRAND, Mr. By Ms. BALDWIN (for herself, Ms. MI- Health and Human Services, transmitting, WYDEN, Mr. HEINRICH, Mr. PETERS, KULSKI, Ms. COLLINS, Mrs. GILLI- pursuant to law, a report entitled ‘‘FY 2014 Mr. BROWN, Mr. BLUMENTHAL, Ms. BRAND, Ms. STABENOW, Ms. HIRONO, Outcome Evaluations of Administrator for HIRONO, Mr. MURPHY, Mr. CASEY, Mr. Mrs. MURRAY, Mrs. FEINSTEIN, Mrs. Native Americans (ANA) Projects Report to CARDIN, and Mr. COONS): BOXER, Ms. HEITKAMP, Ms. CANTWELL, Congress’’; to the Committee on Indian Af- S. 6. A bill to reform our government, re- Ms. WARREN, and Ms. KLOBUCHAR): fairs. duce the grip of special interest, and return S. 3073. A bill to establish a commission to EC–5788. A communication from the Presi- our democracy to the American people ensure a suitable observance of the centen- dent of the United States to the President through increased transparency and over- nial of the passage and ratification of the Pro Tempore of the United States Senate, sight of our elections and government; to the Nineteenth Amendment to the United States transmitting, consistent with the War Pow- Committee on Rules and Administration. Constitution providing for women’s suffrage, ers Act, a report relative to deployments of By Ms. BALDWIN (for herself and Mr. and for other purposes; to the Committee on United States Armed Forces equipped for MORAN): the Judiciary. combat (OSS–2016–0856); to the Committee on S. 3063. A bill to require the Secretary of By Mr. MARKEY (for himself, Mr. Foreign Relations. Veterans Affairs to discontinue using Social FRANKEN, Mrs. FEINSTEIN, Mrs. SHA- EC–5789. A communication from the Dep- Security account numbers to identify indi- HEEN, Mr. MERKLEY, Ms. WARREN, uty Secretary of Defense, transmitting, pur- viduals, and for other purposes; to the Com- Mrs. BOXER, and Mr. MENENDEZ): suant to law, a report relative to the current mittee on Veterans’ Affairs. S. 3074. A bill to authorize the National and future military strategy of Iran (OSS– By Mr. MENENDEZ: Oceanic and Atmospheric Administration to 2016–0807); to the Committee on Foreign Re- S. 3064. A bill to provide for the award of establish a Climate Change Education Pro- lations. medals or other commendations to handlers gram; to the Committee on Commerce, f of military working dogs and military work- Science, and Transportation. ing dogs, and for other purposes; to the Com- REPORTS OF COMMITTEES By Mr. DURBIN: mittee on Armed Services. S. 3075. A bill to establish programs related The following reports of committees By Mr. HATCH (for himself, Mr. to prevention of prescription opioid misuse, were submitted: WYDEN, Mr. GRASSLEY, and Mr. BEN- and for other purposes; to the Committee on By Mr. JOHNSON, from the Committee on NET): Finance. S. 3065. A bill to amend parts B and E of Homeland Security and Governmental Af- title IV of the Social Security Act to invest f fairs, without amendment and with a pre- in funding prevention and family services to amble: help keep children safe and supported at SUBMISSION OF CONCURRENT AND S. Res. 104. A resolution to express the SENATE RESOLUTIONS sense of the Senate regarding the success of home, to ensure that children in foster care Operation Streamline and the importance of are placed in the least restrictive, most fam- The following concurrent resolutions prosecuting first time illegal border crossers ily-like, and appropriate settings, and for and Senate resolutions were read, and (Rept. No. 114–279). other purposes; to the Committee on Fi- referred (or acted upon), as indicated: By Mr. BOOZMAN, from the Committee on nance. By Mr. ENZI (for himself, Mr. CARPER, Appropriations, without amendment: By Ms. CANTWELL (for herself, Mr. Mr. INHOFE, Mr. BROWN, Mr. BURR, S. 3067. An original bill making appropria- DURBIN, Mr. HEINRICH, and Mr. Mr. ALEXANDER, Mr. TOOMEY, Mr. tions for financial services and general gov- WHITEHOUSE): CRAPO, Mr. COCHRAN, Ms. MURKOWSKI, ernment for the fiscal year ending Sep- S. 3066. A bill to protect taxpayers from li- Mr. BOOZMAN, and Mr. HOEVEN): tember 30, 2017, and for other purposes (Rept. ability associated with the reclamation of S. Res. 495. A resolution recognizing the No. 114–280). surface coal mining operations, and for other By Ms. MURKOWSKI, from the Committee purposes; to the Committee on Energy and Boy Scouts of America on the 100th anniver- on Appropriations, without amendment: Natural Resources. sary of the organization being granted a Fed- S. 3068. An original bill making appropria- By Mr. BOOZMAN: eral charter and for the long history of herit- tions for the Department of the Interior, en- S. 3067. An original bill making appropria- age and service of the Boy Scouts of Amer- vironment, and related agencies for the fis- tions for financial services and general gov- ica; considered and agreed to. cal year ending September 30, 2017, and for ernment for the fiscal year ending Sep- By Mr. NELSON (for himself, Mr. other purposes (Rept. No. 114–281). tember 30, 2017, and for other purposes; from RUBIO, Mr. MCCONNELL, Mr. REID, Mr. the Committee on Appropriations; placed on ALEXANDER, Ms. AYOTTE, Ms. BALD- f the calendar. WIN, Mr. BARRASSO, Mr. BENNET, Mr. EXECUTIVE REPORTS OF By Ms. MURKOWSKI: BLUMENTHAL, Mr. BLUNT, Mr. BOOK- COMMITTEE S. 3068. An original bill making appropria- ER, Mr. BOOZMAN, Mrs. BOXER, Mr. tions for the Department of the Interior, en- BROWN, Mr. BURR, Ms. CANTWELL, The following executive reports of vironment, and related agencies for the fis- Mrs. CAPITO, Mr. CARDIN, Mr. CAR- nominations were submitted: cal year ending September 30, 2017, and for PER, Mr. CASEY, Mr. CASSIDY, Mr. By Mr. GRASSLEY for the Committee on other purposes; from the Committee on Ap- COATS, Mr. COCHRAN, Ms. COLLINS, the Judiciary. propriations; placed on the calendar. Mr. COONS, Mr. CORKER, Mr. CORNYN,

VerDate Sep 11 2014 03:42 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A16JN6.027 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4300 CONGRESSIONAL RECORD — SENATE June 16, 2016 Mr. COTTON, Mr. CRAPO, Mr. CRUZ, ADDITIONAL COSPONSORS care beneficiaries under the Medicare Mr. DAINES, Mr. DONNELLY, Mr. DUR- S. 804 program, and for other purposes. BIN, Mr. ENZI, Mrs. ERNST, Mrs. FEIN- S. 2873 STEIN, Mrs. FISCHER, Mr. FLAKE, Mr. At the request of Ms. COLLINS, the FRANKEN, Mr. GARDNER, Mrs. GILLI- name of the Senator from Missouri At the request of Mr. HATCH, the BRAND, Mr. GRAHAM, Mr. GRASSLEY, (Mr. BLUNT) was added as a cosponsor name of the Senator from Massachu- Mr. HATCH, Mr. HEINRICH, Ms. of S. 804, a bill to amend title XVIII of setts (Ms. WARREN) was added as a co- HEITKAMP, Mr. HELLER, Ms. HIRONO, the Social Security Act to specify cov- sponsor of S. 2873, a bill to require Mr. HOEVEN, Mr. INHOFE, Mr. ISAK- erage of continuous glucose monitoring studies and reports examining the use SON, Mr. JOHNSON, Mr. KAINE, Mr. devices, and for other purposes. of, and opportunities to use, tech- KING, Mr. KIRK, Ms. KLOBUCHAR, Mr. nology-enabled collaborative learning LANKFORD, Mr. LEAHY, Mr. LEE, Mr. S. 1555 and capacity building models to im- MANCHIN, Mr. MARKEY, Mr. MCCAIN, At the request of Ms. HIRONO, the Mrs. MCCASKILL, Mr. MENENDEZ, Mr. names of the Senator from New Hamp- prove programs of the Department of MERKLEY, Ms. MIKULSKI, Mr. MORAN, shire (Ms. AYOTTE), the Senator from Health and Human Services, and for Ms. MURKOWSKI, Mr. MURPHY, Mrs. South Carolina (Mr. GRAHAM), the Sen- other purposes. MURRAY, Mr. PAUL, Mr. PERDUE, Mr. ator from Utah (Mr. HATCH), the Sen- S. 2912 PETERS, Mr. PORTMAN, Mr. REED, Mr. ator from Maine (Mr. KING) and the At the request of Mr. JOHNSON, the RISCH, Mr. ROBERTS, Mr. ROUNDS, Mr. name of the Senator from Texas (Mr. SANDERS, Mr. SASSE, Mr. SCHATZ, Mr. Senator from Idaho (Mr. CRAPO) were SCHUMER, Mr. SCOTT, Mr. SESSIONS, added as cosponsors of S. 1555, a bill to CRUZ) was added as a cosponsor of S. Mrs. SHAHEEN, Mr. SHELBY, Ms. STA- award a Congressional Gold Medal, col- 2912, a bill to authorize the use of unap- BENOW, Mr. SULLIVAN, Mr. TESTER, lectively, to the Filipino veterans of proved medical products by patients di- Mr. THUNE, Mr. TILLIS, Mr. TOOMEY, World War II, in recognition of the agnosed with a terminal illness in ac- Mr. UDALL, Mr. VITTER, Mr. WARNER, dedicated service of the veterans dur- cordance with State law, and for other Ms. WARREN, Mr. WHITEHOUSE, Mr. ing World War II. purposes. WICKER, and Mr. WYDEN): S. 2213 S. 2924 S. Res. 496. A resolution condemning the At the request of Mr. BLUMENTHAL, At the request of Mr. REID, the name terrorist attack on the Pulse Orlando night- of the Senator from New York (Mrs. club, honoring the memory of the victims of the name of the Senator from Pennsyl- GILLIBRAND) was added as a cosponsor the attack, offering condolences to and ex- vania (Mr. CASEY) was added as a co- pressing support for their families and sponsor of S. 2213, a bill to prohibit of S. 2924, a bill to award a Congres- friends and all those affected, and applauding firearms dealers from selling a firearm sional Gold Medal to former United the dedication and bravery of law enforce- prior to the completion of a back- States Senator Max Cleland. ment, emergency response, and counterter- ground check. S. 3053 rorism officials in responding to the attack; S. 2218 At the request of Mr. CASEY, the considered and agreed to. At the request of Mr. THUNE, the name of the Senator from New Hamp- By Ms. STABENOW (for herself and name of the Senator from Nevada (Mr. shire (Mrs. SHAHEEN) was added as a co- Mr. PETERS): HELLER) was added as a cosponsor of S. sponsor of S. 3053, a bill to prevent a S. Res. 497. A resolution honoring the life 2218, a bill to amend the Internal Rev- person who has been convicted of a and legacy of Gordon ‘‘Gordie’’ Howe; consid- enue Code of 1986 to treat certain misdemeanor hate crime, or received ered and agreed to. amounts paid for physical activity, fit- an enhanced sentence for a mis- By Mr. BLUMENTHAL (for himself, demeanor because of hate or bias in its Ms. COLLINS, Ms. AYOTTE, Mrs. ness, and exercise as amounts paid for MCCASKILL, Mr. GRASSLEY, Mr. medical care. commission, from obtaining a firearm. CASEY, Mr. COTTON, Mr. TILLIS, Mr. S. 2311 S. 3059 MURPHY, and Mr. HELLER): At the request of Mr. HELLER, the At the request of Ms. CANTWELL, the S. Res. 498. A resolution designating June name of the Senator from New Mexico name of the Senator from Alaska (Ms. 15, 2016, as ‘‘World Elder Abuse Awareness (Mr. HEINRICH) was added as a cospon- MURKOWSKI) was added as a cosponsor Day’’ ; considered and agreed to. sor of S. 2311, a bill to amend the Pub- of S. 3059, a bill to reauthorize and By Mr. TOOMEY (for himself and Mr. lic Health Service Act to authorize the amend the John H. Prescott Marine CASEY): Secretary of Health and Human Serv- Mammal Rescue and Response Grant S. Res. 499. A resolution congratulating the ices, acting through the Administrator Program and for other purposes. Pittsburgh Penguins for winning the 2016 of the Health Resources and Services S. 3060 Stanley Cup hockey championship; consid- Administration, to make grants to At the request of Ms. HEITKAMP, the ered and agreed to. States for screening and treatment for names of the Senator from Montana By Mr. CORNYN (for himself, Mrs. maternal depression. (Mr. TESTER) and the Senator from Vir- BOXER, Ms. BALDWIN, Mr. BENNET, Mr. BOOKER, Mr. BROWN, Mr. BURR, S. 2373 ginia (Mr. WARNER) were added as co- Mr. CASEY, Mr. COCHRAN, Mr. CRAPO, At the request of Ms. CANTWELL, the sponsors of S. 3060, a bill to provide an Mr. CRUZ, Mr. DURBIN, Mrs. FEIN- name of the Senator from Iowa (Mrs. exception from certain group health STEIN, Mr. FRANKEN, Mrs. GILLI- ERNST) was added as a cosponsor of S. plan requirements for qualified small BRAND, Ms. HIRONO, Mr. INHOFE, Mr. 2373, a bill to amend title XVIII of the employer health reimbursement ar- KAINE, Ms. KLOBUCHAR, Mr. Social Security Act to provide for rangements. LANKFORD, Mr. LEAHY, Mr. LEE, Mr. Medicare coverage of certain S. RES. 482 MARKEY, Mr. MERKLEY, Ms. MUR- KOWSKI, Mr. MURPHY, Mrs. MURRAY, lymphedema compression treatment At the request of Mrs. SHAHEEN, the Mr. NELSON, Mr. PAUL, Mr. PETERS, items as items of durable medical name of the Senator from Michigan Mr. REID, Mr. RUBIO, Mr. SCHUMER, equipment. (Mr. PETERS) was added as a cosponsor Mr. SCOTT, Ms. STABENOW, Mr. S. 2604 of S. Res. 482, a resolution urging the TILLIS, Mr. WARNER, Mr. WHITE- At the request of Mr. WARNER, the European Union to designate Hizballah HOUSE, Mr. WICKER, Mr. WYDEN, and name of the Senator from North Da- in its entirety as a terrorist organiza- Ms. WARREN): kota (Ms. HEITKAMP) was added as a co- tion and to increase pressure on the or- S. Res. 500. A resolution designating June sponsor of S. 2604, a bill to establish in ganization and its members to the full- 19, 2016, as ‘‘Juneteenth Independence Day’’ the legislative branch the National est extent possible. in recognition of June 19, 1865, the date on Commission on Security and Tech- AMENDMENT NO. 4691 which slavery legally came to an end in the United States; considered and agreed to. nology Challenges. At the request of Mr. MURPHY, the By Mrs. ERNST (for herself and Mrs. S. 2736 name of the Senator from Connecticut BOXER): At the request of Mr. THUNE, the (Mr. BLUMENTHAL) was added as a co- S. Con. Res. 41. A concurrent resolution ex- name of the Senator from Mississippi sponsor of amendment No. 4691 in- pressing the sense of Congress on the (Mr. WICKER) was added as a cosponsor tended to be proposed to H.R. 2578, a Peshmerga of the Kurdistan Region of Iraq; of S. 2736, a bill to improve access to bill making appropriations for the De- to the Committee on Foreign Relations. durable medical equipment for Medi- partments of Commerce and Justice,

VerDate Sep 11 2014 03:42 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A16JN6.031 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 16, 2016 CONGRESSIONAL RECORD — SENATE S4301 Science, and Related Agencies for the pediatric populations before such Commis- 352) is amended by adding at the end the fol- fiscal year ending September 30, 2016, sioner approves any labeling changes for lowing: and for other purposes. drugs that are opioids intended for use in pe- ‘‘(dd) If it is an opioid drug and the label- diatric populations. ing does not include the informational docu- AMENDMENT NO. 4719 (3) PUBLIC HEALTH EXEMPTION.—If the Com- ments required under section 505–2.’’. At the request of Ms. BALDWIN, the missioner of Food and Drugs finds that refer- SEC. 4. STRENGTHENING CONSIDERATIONS FOR names of the Senator from Connecticut ring a new opioid drug or drugs to an advi- DEA NARCOTIC QUOTAS. (Mr. BLUMENTHAL), the Senator from sory committee of the Food and Drug Ad- Section 306 of the Controlled Substances Minnesota (Mr. FRANKEN) and the Sen- ministration as required under paragraph (1) Act (21 U.S.C. 826) is amended by adding at is not in the interest of protecting and pro- the end the following: ator from Vermont (Mr. LEAHY) were ‘‘(i)(1) In fixing manufacturing quotas added as cosponsors of amendment No. moting public health, and has submitted a notice containing the rationale for such a under this section the Attorney General 4719 intended to be proposed to H.R. finding to the Committee on Health, Edu- shall take into consideration the impact of 2578, a bill making appropriations for cation, Labor, and Pensions of the Senate the manufacturing quotas on diversion and the Departments of Commerce and Jus- and the Committee on Energy and Commerce efforts to reduce the costs, injuries, and tice, Science, and Related Agencies for of the House of Representatives, or if the deaths associated with the abuse of prescrip- the fiscal year ending September 30, matter that would be considered by such ad- tion opioids and heroin in the United States. 2016, and for other purposes. visory committee with respect to any such ‘‘(2)(A) Not later than 1 year after the date drug or drugs concerns bioequivalence, same- of enactment of this subsection and every AMENDMENT NO. 4720 ness of active ingredient, or other criteria year thereafter, the Attorney General shall At the request of Mrs. FEINSTEIN, the applicable to applications submitted under publish the approved manufacturing quota names of the Senator from Rhode Is- section 505(j) of the Federal Food, Drug, and for each manufacturer of fentanyl, land (Mr. WHITEHOUSE), the Senator Cosmetic Act (21 U.S.C. 355(j)), the Commis- oxycodone, hyrdocodone, oxymorphone, and from Virginia (Mr. WARNER), the Sen- sioner shall not be required to refer such hyrdomorphone for that year. drug or drugs to an advisory committee as ‘‘(B) For any year in which the approved ator from Oregon (Mr. WYDEN), the manufacturing quota for a manufacturer for Senator from New York (Mrs. GILLI- required under paragraph (1). (4) SUNSET.—Unless Congress reauthorizes any substance described in subparagraph (A) BRAND), the Senator from Vermont paragraphs (1) and (2), the requirements of is higher than the approved manufacturing (Mr. SANDERS), the Senator from Wis- such paragraphs shall cease to be effective quota for a manufacturer for the substance consin (Ms. BALDWIN), the Senator on October 1, 2022. in the previous year, the Attorney General from Colorado (Mr. BENNET), the Sen- (b) EDUCATION FOR PRESCRIBERS OF shall publish a report explaining why the ator from Pennsylvania (Mr. CASEY), OPIOIDS.—Not later than 1 year after the public health benefits of increasing such the Senator from Rhode Island (Mr. date of enactment of this Act, the Secretary quota outweigh the consequences of having an increased volume of such substance avail- REED) and the Senator from Maryland of Health and Human Services, acting through the Commissioner of Food and able for sale, and potential diversion, in the (Mr. CARDIN) were added as cosponsors United States. of amendment No. 4720 proposed to Drugs, as part of the Food and Drug Admin- istration’s evaluation of the Extended-Re- ‘‘(C) For any substance described in sub- H.R. 2578, a bill making appropriations lease/Long-Acting Opioid Analgesics Risk paragraph (A) that is approved under section for the Departments of Commerce and Evaluation and Mitigation Strategy, and in 505 of the Federal Food, Drug, and Cosmetic Justice, Science, and Related Agencies consultation with the Director of the Cen- Act after the date of enactment of this sub- for the fiscal year ending September 30, ters for Disease Control and Prevention, the section, the Attorney General shall publish a 2016, and for other purposes. Director of the National Institutes of Health, report explaining what factors were taken the Administrator of the Agency for into consideration in setting the manufac- f Healthcare Research and Quality, the Ad- turing quota for the substance. ministrator of the Drug Enforcement Admin- ‘‘(3) Not later than 90 days after the date of STATEMENTS ON BILLS AND enactment of this subsection, the Attorney JOINT RESOLUTIONS istration, and relevant stakeholders, shall develop recommendations regarding edu- General shall submit to Congress a report By Mr. DURBIN: cation programs for prescribers of opioids re- on— quired to be disseminated under section 505– ‘‘(A) how the Attorney General will ensure S. 3075. A bill to establish programs that the process of fixing manufacturing related to prevention of prescription 1 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355–1), including recommenda- quotas under this section takes into consid- opioid misuse, and for other purposes; eration efforts to reduce the costs, injuries, to the Committee on Finance. tions for which prescribers should partici- pate in such programs and how often partici- and deaths associated with the abuse of pre- Mr. DURBIN. Mr. President, I ask pation in such programs is necessary. scription opioids and heroin; ‘‘(B) formal steps that will be taken to im- unanimous consent that the text of the (c) GUIDANCE.—Not later than 1 year after bill be printed in the RECORD. the date of enactment of this Act, the Com- prove data collection from approved drug There being no objection, the text of missioner of Food and Drugs shall issue guid- collection receptacles, mail-back programs, ance on if and how the approved labeling of and take-back events on the volume and the bill was ordered to be printed in class of controlled substances that are col- the RECORD, as follows: a drug that is an opioid and is the subject of an application under section 505(j) of the lected; and S. 3075 Federal Food, Drug, and Cosmetic Act (21 ‘‘(C) how the information described in sub- Be it enacted by the Senate and House of Rep- U.S.C. 355(j)) may include statements that paragraphs (A) and (B) will influence the resentatives of the United States of America in such drug deters abuse. quota-setting process of the Attorney Gen- eral in the following year.’’. Congress assembled, SEC. 3. OPIOID INFORMATIONAL DOCUMENTS. SEC. 5. CONTINUING MEDICAL EDUCATION AND SECTION 1. SHORT TITLE. (a) IN GENERAL.—Subchapter A of chapter This Act may be cited as the ‘‘Addiction PRESCRIPTION DRUG MONITORING V of the Federal Food, Drug, and Cosmetic PROGRAM REGISTRATION FOR PRE- Prevention and Responsible Opioid Practices Act (21 U.S.C. 351 et seq.) is amended by in- SCRIBERS. Act’’. serting after section 505–1 the following: Section 303 of the Controlled Substances SEC. 2. OPIOID ACTION PLAN. ‘‘SEC. 505–2. OPIOID INFORMATIONAL DOCU- Act (21 U.S.C. 823) is amended by adding at (a) ADVISORY COMMITTEE.— MENTS. the end the following: (1) NEW DRUG APPLICATION.—Except as pro- ‘‘(a) DEVELOPMENT OF MATERIALS.—The ‘‘(k)(1) The Attorney General shall not reg- vided in paragraph (4), prior to the approval Commissioner shall develop informational ister, or renew the registration of, a practi- of a new drug that is an opioid under section documents describing to consumers of opioid tioner under subsection (f) who is licensed 505 of the Federal Food, Drug, and Cosmetic drugs the risk factors for opioid-related under State law to prescribe controlled sub- Act (21 U.S.C. 355), the Commissioner of Food harm, and shall submit such documents to stances in schedule II, III, or IV, unless the and Drugs shall refer such drug to an advi- the Director of the Centers for Disease Con- practitioner submits to the Attorney Gen- sory committee of the Food and Drug Ad- trol and Prevention for approval. eral, for each such registration or renewal ministration to seek recommendations from ‘‘(b) LABELING REQUIREMENT.—The manu- request, a written certification that— such Committee. facturer of any opioid drug approved under ‘‘(A)(i) the practitioner has, during the 1- (2) PEDIATRIC OPIOID LABELING.—The Com- section 505 shall ensure that the appropriate year period preceding the registration or re- missioner of Food and Drugs shall convene informational documents developed under newal request, completed a training program the Pediatric Advisory Committee of the subsection (a), and approved by the Director described in paragraph (2); or Food and Drug Administration to seek rec- of the Centers for Disease Control and Pre- ‘‘(ii) the practitioner, during the applicable ommendations from such Committee regard- vention, are included in the labeling of such registration period, will not prescribe such ing a framework for the inclusion of infor- drug.’’. controlled substances in amounts in excess mation in the labeling of drugs that are (b) ENFORCEMENT.—Section 502 of the Fed- of a 72-hour supply (for which no refill is opioids relating to the use of such drugs in eral Food, Drug, and Cosmetic Act (21 U.S.C. available); and

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‘‘(B) the practitioner has registered with act as agents of such practitioners and dis- (3) DEVELOPMENT OF ACTION PLAN.— the prescription drug monitoring program of pensers for purposes of obtaining and (A) INITIAL PLAN.—Not later than 1 year the State in which the practitioner prac- inputing data from the database for purposes after the date of enactment of this Act, the tices, if the State has such program. of complying with paragraphs (1) and (2), as Secretary of Health and Human Services, in ‘‘(2) A training program described in this applicable; consultation with the Administrator of the paragraph is a training program that— (4) provide informational materials for Drug Enforcement Administration, the Sec- ‘‘(A) follows the best practices for pain practitioners and dispensers to identify and retary of Defense, the Secretary of Veterans management, as described in the ‘Guideline refer patients with possible substance use Affairs, and the Director of the Indian for Prescribing Opioids for Chronic Pain’ as disorders to professional treatment special- Health Service, shall submit to Congress a published by the Centers for Disease Control ists; plan of action, including warning letters and and Prevention in 2016, or any successor (5) establish formal data sharing agree- enforcement mechanisms, for addressing thereto; ments to foster electronic connectivity with outliers in opioid prescribing practices and ‘‘(B) includes information on— the prescription drug monitoring programs ensuring an adequate Federal response to ‘‘(i) recommending non-opioid and non- of each State (if such State has such a pro- protect the public health. pharmacological therapy; gram) with which the State shares a border, (B) UPDATED PLAN.—The Secretary of ‘‘(ii) establishing treatment goals and eval- to facilitate the exchange of information Health and Human Services shall submit to uating patient risks; through an established technology architec- Congress updates to the plan of action de- ‘‘(iii) prescribing the lowest dose and few- ture that ensures common data standards, scribed in subparagraph (A), as such Sec- est number of pills considered effective; privacy protection, and secure and stream- retary, in consultation with the heads of ‘‘(iv) addictive and overdose risks of lined information sharing; agencies described in such subparagraph, de- opioids; (6) notwithstanding section 399O(f)(1)(B) of termines appropriate. ‘‘(v) diagnosing and managing substance the Public Health Service Act (42 U.S.C. (c) DEFINITIONS.—In this section, the terms use disorders, including linking patients to 280g–3(f)(1)(B)), authorize direct access to the ‘‘dispenser’’ and ‘‘practitioner’’ have the evidence-based treatment; State’s database of the prescription drug meanings given such terms in section 102 of ‘‘(vi) identifying narcotics-seeking behav- monitoring program to all State law enforce- the Controlled Substances Act (21 U.S.C. iors; and ment agencies, State boards responsible for 802). ‘‘(vii) using prescription drug monitoring the licensure, regulation, or discipline of (d) AUTHORIZATION OF APPROPRIATIONS.—In programs; and practitioners, pharmacists, or other persons addition to any other amounts appropriated ‘‘(C) is approved by the Secretary of Health authorized to prescribe, administer, or dis- to carry out the Prescription Drug Overdose: and Human Services.’’. pense controlled substances; and Prevention for States program of the Centers SEC. 6. REPORT ON PRESCRIBER EDUCATION (7) in order to enhance accountability in for Disease Control and Prevention, for pur- COURSES FOR MEDICAL AND DEN- prescribing and dispensing patterns, not poses of enhancing the utilization, interoper- TAL STUDENTS. fewer than 4 times per year, proactively pro- ability, and integration of State prescription Each school of medicine, school of osteo- vide informational reports on aggregate drug monitoring programs, there are author- pathic medicine, and school of dentistry par- trends and individual outliers, based on in- ized to be appropriated $70,000,000 for each of ticipating in a program under title IV of the formation available through the State pre- Higher Education Act of 1965 (20 U.S.C. 1070a fiscal years 2017 through 2021. scription drug monitoring program to— SEC. 8. DEVELOPMENT OF NEW PAIN-RELATED et seq.), as a condition for such participa- (A) the State entities and persons de- tion, shall submit an annual report to Con- MEASURES UNDER THE MEDICARE scribed in paragraph (6); and HOSPITAL VALUE-BASED PUR- gress on any prescriber education courses fo- (B) the Medicaid agency, workers com- CHASING PROGRAM TO ELIMINATE cused specifically on pain management and pensation programs, and the department of FINANCIAL INCENTIVES TO OVER- responsible opioid prescribing practices that public health of the State. PRESCRIBE OPIOIDS. such school requires students to take, and (b) TRANSPARENCY IN PRESCRIBING PRAC- Section 1886(o)(2)(B) of the Social Security whether such courses are consistent with the TICES AND INTERVENTION FOR HIGH PRE- Act (42 U.S.C. 1395ww(o)(2)(B)) is amended— most recently published version of the SCRIBERS.— (1) in clause (i)(II), by inserting ‘‘, subject ‘‘Guideline for Prescribing Opioids for (1) STATE REPORTING REQUIREMENT.—Each to clause (iii),’’ after ‘‘shall’’; and Chronic Pain’’ of the Centers for Disease State that receives funding under the Harold (2) by adding at the end the following new Control and Prevention. Rogers Prescription Drug Monitoring Pro- clause: SEC. 7. REQUIREMENTS UNDER PRESCRIPTION gram established under the Departments of ‘‘(iii) DEVELOPMENT OF NEW PAIN-RELATED DRUG MONITORING PROGRAMS. Commerce, Justice, and State, the Judiciary, MEASURES.— (a) IN GENERAL.—Beginning 1 year after and Related Agencies Appropriations Act, ‘‘(I) MORATORIUM UNTIL NEW MEASURES AP- the date of enactment of this Act, each State 2002 (Public Law 107–77; 115 Stat. 748), the PLICABLE.—For value-based incentive pay- that receives funding under the Harold Rog- controlled substance monitoring program ments made with respect to discharges oc- ers Prescription Drug Monitoring Program under section 399O of the Public Health Serv- curring during fiscal year 2018 and each sub- established under the Departments of Com- ice Act (42 U.S.C. 280g–3), or the Prescription sequent fiscal year (before the first fiscal merce, Justice, and State, the Judiciary, and Drug Overdose: Prevention for States pro- year in which new measures are applicable Related Agencies Appropriations Act, 2002 gram of the Centers for Disease Control and under subclause (II)(cc)), the Secretary shall (Public Law 107–77; 115 Stat. 748), the con- trolled substance monitoring program under Prevention shall, twice per year, submit to ensure that measures selected under sub- section 399O of the Public Health Service Act the Secretary of Health and Human Services paragraph (A) (such as measures related to (42 U.S.C. 280g–3), or the Prescription Drug and the Administrator of the Drug Enforce- the Hospital Consumer Assessment of Overdose: Prevention for States program of ment Administration— Healthcare Providers and Systems survey) the Centers for Disease Control and Preven- (A) a list of all practitioners and dispensers do not include measures based on any assess- tion shall— who, in the applicable reporting period, have ments by patients, with respect to hospital (1) require practitioners, or their des- prescribed or dispensed schedule II, III, or IV stays of such patients, of— ignees, in the State to consult the database opioids in the State; ‘‘(aa) the need of such patients, during of the prescription drug monitoring program (B) the amount of schedule II, III, or IV such stay, for medicine for pain; before writing prescriptions for controlled opioids that were prescribed and dispensed ‘‘(bb) how often, during such stay, the pain substances (as such term is defined in sec- by each individual practitioner and dispenser of such patients was well controlled; or tion 102 of the Controlled Substances Act (21 described in subparagraph (A); and ‘‘(cc) how often, during such stay, the staff U.S.C. 802)) in schedule II, III, or IV under (C) any additional information that the of the hospital in which such stay occurred section 202 of such Act (21 U.S.C. 812); Secretary and Administrator may require to did everything they could to help the patient (2) require dispensers of controlled sub- support surveillance and evaluation of trends with the pain experienced by the patient. stances in schedule II, III, or IV, or their des- in prescribing or dispensing of schedule II, ‘‘(II) DEVELOPMENT OF NEW MEASURES.— ignees, to input data into the database of the III, or IV opioids, or to identify possible non- ‘‘(aa) DEVELOPMENT.—Not later than 3 prescription drug monitoring program with- medical use and diversion of such sub- years after the date of enactment of this in 24 hours of filling a qualifying prescrip- stances. clause, the Secretary shall develop measures tion, as required by the Attorney General (2) ANNUAL REPORT.—Not later than 1 year of patient experience of care with respect to and the Secretary of Health and Human after the date of enactment of this Act, and pain management that balance the breadth Services, including patient identifier infor- annually thereafter, the Secretary of Health of effective pain management tools with mation, the national drug code of the dis- and Human Services, in consultation with awareness for the role of over-prescribing pensed drug, date of dispensing the drug, the Administrator of the Drug Enforcement (including, if appropriate, opioid-seeking be- quantity and dosage of the drug dispensed, Administration, the Secretary of Defense, haviors) in the prescription opioid epidemic. form of payment, Drug Enforcement Admin- the Secretary of Veterans Affairs, and the ‘‘(bb) CONSULTATION.—The Secretary shall istration registration number of the practi- Director of the Indian Health Service, shall consult with relevant stakeholders in devel- tioner, Drug Enforcement Administration submit to Congress, and make public, a re- oping measures under item (aa). registration number of the dispenser; port identifying the geographic areas with ‘‘(cc) APPLICATION FOR VALUE-BASED INCEN- (3) allow practitioners and dispensers to the highest rates of opioid prescribing in the TIVE PAYMENTS.—For value-based incentive designate other appropriate individuals to Nation, by zip code. payments made with respect to discharges

VerDate Sep 11 2014 03:42 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A16JN6.034 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 16, 2016 CONGRESSIONAL RECORD — SENATE S4303 occurring during a fiscal year beginning on defined) which is used exclusively for the date of enactment of this Act, the Secretary or after the date on which the Secretary de- treatment of opioid addiction as part of a of the Treasury shall transfer from the gen- velops new measures under item (aa), the medication-assisted treatment.’’. eral fund of the Treasury an amount equal to Secretary shall ensure that measures se- (b) CLERICAL AMENDMENTS.— one-half of the total amount of taxes col- lected under subparagraph (A) (such as meas- (1) The heading of subchapter E of chapter lected under section 4192 of the Internal Rev- ures related to the Hospital Consumer As- 32 of the Internal Revenue Code of 1986 is enue Code of 1986, as added by this Act, to sessment of Healthcare Providers and Sys- amended by striking ‘‘Medical Devices’’ and the Director of the Center for Substance tems survey) include such new measures.’’. inserting ‘‘Other Medical Products’’. Abuse Treatment of the Substance Abuse SEC. 9. NATIONAL ACADEMY OF MEDICINE (2) The table of subchapters for chapter 32 and Mental Health Services Administration STUDY. of such Code is amended by striking the item for programs of the Center, including the (a) STUDY.—The Secretary of Health and relating to subchapter E and inserting the Block Grants for Prevention and Treatment Human Services shall enter into a contract following new item: of Substance Abuse program under subpart II with the National Academy of Medicine to ‘‘SUBCHAPTER E. OTHER MEDICAL PRODUCTS’’. of part B of title XIX of the Public Health carry out a study on the addition of coverage (3) The table of sections for subchapter E Service Act (42 U.S.C. 300x–21 et seq.) and under the Medicare program under title of chapter 32 of such Code is amended by add- Programs of Regional and National Signifi- XVIII of the Social Security Act of alter- ing at the end the following new item: cance. Amounts transferred under this sub- native treatment modalities (such as inte- section shall remain available until ex- ‘‘Sec. 4192. Opioid pain relievers.’’. grative medicine, including acupuncture and pended. (c) EFFECTIVE DATE.—The amendments exercise therapy, neural stimulation, bio- SEC. 12. GAO STUDY. made by this section shall apply to calendar feedback, radiofrequency ablation, and trig- Not later than 1 year after the date of en- ger point injections) furnished to Medicare years beginning after the date of the enact- ment of this Act. actment of this Act, the Comptroller General beneficiaries who suffer from acute or chron- of the United States shall conduct a study ic lower back pain. Such study shall, pursu- SEC. 11. OPIOID CONSUMER ABUSE REDUCTION PROGRAM. evaluating the various State laws, commer- ant to the contract under this paragraph, in- cial insurance methods, and existing re- (a) OPIOID TAKE-BACK PROGRAM.—Section clude an analysis of— search on requirements that place limita- (1) scientific research on the short-term 302 of the Controlled Substances Act (21 U.S.C. 822) is amended by adding at the end tions on opioid prescribing practices and pro- and long-term impact of the addition of such vide analysis on best practices to address coverage on clinical efficacy for pain man- the following: ‘‘(h)(1) The Attorney General shall estab- over-prescribing of opioids, while ensuring agement of such beneficiaries; lish a national take-back program for the that individuals who need such opioids can (2) whether the lack of Medicare coverage safe and environmentally responsible dis- access them safely. Such study shall provide for alternative treatment modalities impacts posal of controlled substances. recommendations, including with respect the volume of opioids prescribed for bene- ‘‘(2) In establishing the take-back program to— ficiaries; and required under paragraph (1), the Attorney (1) limiting first-time opioid prescriptions (3) the cost to the Medicare program of the General— to a patient for acute pain to a 72-hour sup- addition of such coverage to treat pain and ‘‘(A) shall consult with the Secretary and ply; mitigate the progression of chronic pain, as the Administrator of the Environmental (2) allowing patients or practitioners to re- weighed against the cost of opioid use dis- Protection Agency; and quest that a prescription for a schedule II order, overdose, readmission, subsequent sur- ‘‘(B) may coordinate with States, law en- opioid be partially filled by a pharmacist; geries, and utilization and expenditures forcement agencies, water resource manage- and under parts B and D of such title. ment agencies, manufacturers, practitioners, (3) pain management treatment contracts (b) REPORT.—Not later than 1 year after pharmacists, public health entities, trans- between practitioners and patients that es- the date of enactment of this Act, pursuant portation and incineration service contrac- tablish informed consent regarding the ex- to the contract under subsection (a), the Na- tors, and other entities and individuals, as pectations, risks, long-term effects, and ben- tional Academy of Medicine shall submit to appropriate. efits of the course of opioid treatment, treat- Congress a report on the study under sub- ‘‘(3) The take-back program established ment goals, the potential for opioid misuse, section (a). under paragraph (1)— abuse, or diversion, and requirements and re- (c) AUTHORIZATION OF APPROPRIATIONS.—To ‘‘(A) shall— sponsibilities of patients, such as submitting carry out this section, there are authorized ‘‘(i) ensure appropriate geographic dis- to a urine drug screening. to be appropriated such sums as may be nec- tribution so as to provide— f essary. ‘‘(I) reasonably convenient and equitable SEC. 10. EXCISE TAX ON OPIOID PAIN RELIEVERS. access to permanent take-back locations, in- SUBMITTED RESOLUTIONS (a) IN GENERAL.—Subchapter E of chapter cluding not less than 1 disposal site for every 32 of the Internal Revenue Code of 1986 is 25,000 residents and not less than 1 physical amended by adding at the end the following disposal site per town, city, county, or other SENATE RESOLUTION 495—RECOG- new section: unit of local government, where possible; and NIZING THE BOY SCOUTS OF ‘‘SEC. 4192. OPIOID PAIN RELIEVERS. ‘‘(II) periodic collection events and mail- AMERICA ON THE 100TH ANNI- ‘‘(a) IN GENERAL.—There is hereby imposed back programs, including public notice of VERSARY OF THE ORGANIZA- on the manufacturer or producer of any tax- such events and programs, as a supplement able active opioid a tax equal to the amount to the permanent take-back locations de- TION BEING GRANTED A FED- determined under subsection (b). scribed in subclause (I), particularly in areas ERAL CHARTER AND FOR THE ‘‘(b) AMOUNT DETERMINED.—The amount in which the provision of access to such loca- LONG HISTORY OF HERITAGE determined under this subsection with re- tions at the level described in that subclause AND SERVICE OF THE BOY spect to a manufacturer or producer for a is not possible; SCOUTS OF AMERICA calendar year is 1 cent per milligram of tax- ‘‘(ii) establish a process for the accurate able active opioid in the production or man- cataloguing and reporting of the quantities Mr. ENZI (for himself, Mr. CARPER, ufacturing quota determined for such manu- of controlled substances collected; and Mr. INHOFE, Mr. BROWN, Mr. BURR, Mr. facturer or producer for the calendar year ‘‘(iii) include a public awareness campaign ALEXANDER, Mr. TOOMEY, Mr. CRAPO, under section 306 of the Controlled Sub- and education of practitioners and phar- Mr. COCHRAN, Ms. MURKOWSKI, Mr. stances Act (21 U.S.C. 826). macists; and BOOZMAN, and Mr. HOEVEN) submitted ‘‘(c) TAXABLE ACTIVE OPIOID.—For purposes ‘‘(B) may work in coordination with State the following resolution; which was of this section— and locally implemented public and private considered and agreed to: ‘‘(1) IN GENERAL.—The term ‘taxable active take-back programs. opioid’ means any controlled substance (as ‘‘(4) From time to time, beginning in the S. RES. 495 defined in section 102 of the Controlled Sub- second calendar year that begins after the Whereas the Boy Scouts of America was stances Act (21 U.S.C. 802), as in effect on the date of enactment of this subsection, the founded on February 8, 1910, in Washington, date of the enactment of this section) manu- Secretary of the Treasury shall transfer D.C. by Chicago publisher William D. Boyce factured in the United States which is from the general fund of the Treasury an after the ‘‘unknown scout’’ aided a lost Mr. opium, an opiate, or any derivative thereof. amount equal to one-half of the total Boyce through a dense London fog and re- ‘‘(2) EXCLUSIONS.— amount of taxes collected under section 4192 fused a tip for the assistance; ‘‘(A) OTHER INGREDIENTS.—In the case of a of the Internal Revenue Code of 1986 to the Whereas the birth of the Boy Scouts of product that includes a taxable active opioid Attorney General to carry out this sub- America was based on the principles of the and another ingredient, subsection (a) shall section. Amounts transferred under this sub- Scout Movement founded by famed British apply only to the portion of such product paragraph shall remain available until ex- retired General Lord Robert Stephenson that is a taxable active opioid. pended.’’. Smyth Baden-Powell; ‘‘(B) DRUGS USED IN ADDICTION TREAT- (b) FUNDING OF SUBSTANCE ABUSE PRO- Whereas the Federal charter of the Boy MENT.—The term ‘taxable active opioid’ shall GRAMS.—From time to time, beginning in the Scouts of America was passed by the House not include any controlled substance (as so second calendar year that begins after the of Representatives and the Senate, and was

VerDate Sep 11 2014 03:42 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A16JN6.034 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4304 CONGRESSIONAL RECORD — SENATE June 16, 2016 signed into law by President Woodrow Wil- SENATE RESOLUTION 496—CON- forcement, the FBI, and the Bureau of Alco- son, the Honorary President of the Boy DEMNING THE TERRORIST AT- hol, Tobacco, Firearms, and Explosives, and Scouts of America, on June 15, 1916; TACK ON THE PULSE ORLANDO other emergency and health care profes- Whereas, with the enactment of the Fed- NIGHTCLUB, HONORING THE sionals responded to the attack bravely and eral charter, the Boy Scouts of America be- admirably and in a coordinated manner, sav- MEMORY OF THE VICTIMS OF ing many lives; came the preeminent Scout organization for THE ATTACK, OFFERING CONDO- boys and was granted exclusive use of the Whereas following the attack hundreds of LENCES TO AND EXPRESSING name, ‘‘Boy Scouts of America’’; people stood in long lines to donate blood for Whereas the Boy Scouts of America, with a SUPPORT FOR THEIR FAMILIES those injured in the attack, and the people of Orlando, the State of Florida, and the United Federal charter, joins other distinguished or- AND FRIENDS AND ALL THOSE States expressed overwhelming support for ganizations with a similar charter for service AFFECTED, AND APPLAUDING the victims and their families regardless of to the community, including the American THE DEDICATION AND BRAVERY OF LAW ENFORCEMENT, EMER- race, ethnicity, religion, sex, or sexual ori- Red Cross, the Girl Scouts of the United entation; and States of America, and the American Legion; GENCY RESPONSE, AND Whereas the threat of terrorist attacks Whereas the Boy Scouts of America con- COUNTERTERRORISM OFFICIALS against the United States and the people of tinues to prepare young people to make eth- IN RESPONDING TO THE ATTACK the United States persists, including the ical and moral choices by teaching them the Mr. NELSON (for himself, Mr. RUBIO, threat posed by homegrown terrorists in- values of the Scout Oath and Scout Law; Mr. MCCONNELL, Mr. REID, Mr. ALEX- spired by foreign terrorist organizations like Whereas the Boy Scouts of America con- ISIL: Now, therefore, be it tinues to pursue the mission of ‘‘patriotism, ANDER, Ms. AYOTTE, Ms. BALDWIN, Mr. Resolved, That the Senate— courage, self-reliance, and kindred values’’ BARRASSO, Mr. BENNET, Mr. (1) condemns the horrific terrorist attack and the goal of providing ‘‘citizenship, serv- BLUMENTHAL, Mr. BLUNT, Mr. BOOKER, on the Pulse Orlando nightclub on June 12, ice and leadership’’; Mr. BOOZMAN, Mrs. BOXER, Mr. BROWN, 2016, in which 49 innocent people were killed Whereas both youth and adult members Mr. BURR, Ms. CANTWELL, Mrs. CAPITO, and 53 injured; strive to fulfill the Scout Motto of ‘‘Be Pre- Mr. CARDIN, Mr. CARPER, Mr. CASEY, (2) honors the memory of the victims pared’’ and the Scout Slogan of ‘‘Do a Good Mr. CASSIDY, Mr. COATS, Mr. COCHRAN, killed in the attack and offers heartfelt con- dolences and deepest sympathies for their Turn Daily’’; Ms. COLLINS, Mr. COONS, Mr. CORKER, Whereas more than 2,400,000 youth and families, loved ones, and friends; Mr. CORNYN, Mr. COTTON, Mr. CRAPO, (3) expresses hope for a full and speedy re- 1,000,000 adult volunteers are active members Mr. CRUZ, Mr. DAINES, Mr. DONNELLY, covery by and pledges continued support for of the Boy Scouts of America, and more than Mr. DURBIN, Mr. ENZI, Mrs. ERNST, Mrs. those injured in the attack; 110,000,000 people in the United States have FEINSTEIN, Mrs. FISCHER, Mr. FLAKE, (4) applauds the dedication and bravery of participated as members since 1910; Mr. FRANKEN, Mr. GARDNER, Mrs. local, State, and Federal law enforcement Whereas the Cub Scouts is a family-ori- GILLIBRAND, Mr. GRAHAM, Mr. GRASS- and counterterrorism officials for their ef- ented program of the Boy Scouts of America LEY, Mr. HATCH, Mr. HEINRICH, Ms. forts to respond to the attack and secure that has been designed specifically to ad- communities; HEITKAMP, Mr. HELLER, Ms. HIRONO, dress the needs of younger boys since its ori- (5) stands together with all people of the gin in 1930; Mr. HOEVEN, Mr. INHOFE, Mr. ISAKSON, United States, regardless of race, ethnicity, Whereas youth and adult members of the Mr. JOHNSON, Mr. KAINE, Mr. KING, Mr. religion, sex, or sexual orientation, in the Cub Scouts strive to fulfill the Cub Scout KIRK, Ms. KLOBUCHAR, Mr. LANKFORD, face of terror and hate; and Motto of ‘‘Do Your Best’’; Mr. LEAHY, Mr. LEE, Mr. MANCHIN, Mr. (6) reaffirms the commitment of the Whereas the Venturing Program, the co-ed MARKEY, Mr. MCCAIN, Mrs. MCCASKILL, United States and its allies to defeat the Is- portion of the Boy Scouts of America, and Mr. MENENDEZ, Mr. MERKLEY, Ms. MI- lamic State of Iraq and the Levant and other the Exploring Program, the career initia- KULSKI, Mr. MORAN, Ms. MURKOWSKI, terrorist groups at home and abroad and to address the threat posed by homegrown ter- tive-based portion of the organization, con- Mr. MURPHY, Mrs. MURRAY, Mr. PAUL, rorism. tinue to serve older youth; Mr. PERDUE, Mr. PETERS, Mr. PORTMAN, Whereas special programs, including Mr. REED, Mr. RISCH, Mr. ROBERTS, Mr. f Scoutreach, the ‘History Of Scouting Trail’, ROUNDS, Mr. SANDERS, Mr. SASSE, Mr. SENATE RESOLUTION 497—HON- and the national High Adventure Bases, con- SCHATZ, Mr. SCHUMER, Mr. SCOTT, Mr. ORING THE LIFE AND LEGACY tinue to bring Scouting to inner-city youth, SESSIONS, Mrs. SHAHEEN, Mr. SHELBY, educate people about the important history OF GORDON ‘‘GORDIE’’ HOWE and heritage of the Scout Program, and pro- Ms. STABENOW, Mr. SULLIVAN, Mr. Ms. STABENOW (for herself and Mr. vide outdoor challenges and experiences for TESTER, Mr. THUNE, Mr. TILLIS, Mr. PETERS) submitted the following reso- members of the Boy Scouts of America; and TOOMEY, Mr. UDALL, Mr. VITTER, Mr. lution; which was considered and Whereas Boy Scouts and Eagle Scouts of WARNER, Ms. WARREN, Mr. WHITE- agreed to: HOUSE, Mr. WICKER, and Mr. WYDEN) the Boy Scouts of America organization pro- S. RES. 497 vide more than 28,000,000 hours of commu- submitted the following resolution; Whereas Gordon Howe (in this preamble re- nity service every year throughout cities and which was considered and agreed to: ferred to as ‘‘Gordie Howe’’) was born in Flo- neighborhoods in the United States, includ- S. RES. 496 ral, Saskatchewan, Canada, on March 31, ing its territories: Now, therefore, be it Whereas, in the early hours of Sunday, 1928, and was invited to his first tryout with Resolved, That the Senate— June 12, 2016, a 29-year-old man from Ft. a professional hockey team at 15 years of (1) recognizes more than 100 years of serv- Pierce, Florida, killed 49 and wounded 53 in- age; ice and leadership development by the Boy nocent people in a horrific terrorist attack Whereas Gordie Howe entered the National Scouts of America; on Pulse Orlando, a lesbian, gay, bisexual, Hockey League (in this preamble referred to (2) encourages the continued emphasis of and transgender nightclub, during Latin as the ‘‘NHL’’) in 1946 at 18 years of age when the Boy Scouts of America on character night; he joined the Detroit Red Wings and scored building, responsible citizenship, and out- Whereas the gunman, who was investigated a goal in his very first game; door stewardship; in 2013–2014 by the Federal Bureau of Inves- Whereas Gordie Howe played right wing on tigation (in this preamble referred to as the the ‘‘Production Line’’, the most productive (3) applauds the Boy Scouts of America for ‘‘FBI’’) for possible connections to terrorism, offensive scoring unit in the NHL from the instilling the values of the Scout Oath and pledged his allegiance to the leader of the Is- late 1940s through the mid-1950s; the Scout Law in young people of the United lamic State of Iraq and the Levant (in this Whereas Gordie Howe played 25 seasons States; and preamble referred to as ‘‘ISIL’’); with the Detroit Red Wings and led the team (4) congratulates the Boy Scouts of Amer- Whereas President Barack Obama called to 4 Stanley Cup championships; ica on the 100th anniversary of the granting the attack an act of both terror and hate as Whereas, in 1972, Gordie Howe was in- of a Federal charter on June 15, 1916. well as an attack on all of the people of the ducted into the Hockey Hall of Fame; United States and the fundamental values of Whereas, in 1973, Gordie Howe joined the equality and dignity; Houston Aeros of the World Hockey Associa- Whereas the attack is the deadliest mass tion (in this preamble referred to as the shooting in the modern history of the United ‘‘WHA’’) to fulfill a dream of playing hockey States and the worst terrorist attack on on the same professional team as his sons; United States soil since September 11, 2001; Whereas Gordie Howe proceeded to win the Whereas the law enforcement professionals Most Valuable Player award of the WHA and of the city of Orlando and Orange County, lead the Houston Aeros to the WHA cham- Florida, the Florida Department of Law En- pionship;

VerDate Sep 11 2014 03:42 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A16JN6.035 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 16, 2016 CONGRESSIONAL RECORD — SENATE S4305 Whereas Gordie Howe retired from profes- Whereas providing unwanted medical from relocation and maintaining the team sional hockey in 1980, having scored 1,850 ca- treatment can be a form of elder abuse and for the city of Pittsburgh; reer points in the NHL, which are the third exploitation; Whereas Penguins General Manager Jim most of all time; Whereas public awareness has the poten- Rutherford made several critical trades to Whereas Gordie Howe appeared in 23 NHL tial to increase the identification and report- acquire talented players that fit perfectly All-Star games, led the NHL in scoring 6 ing of elder abuse by the public, profes- into the Penguins upbeat style of play, in- times, and won the Hart Memorial Trophy as sionals, and victims, and can act as a cata- cluding forwards Phil Kessel, Carl Hagelin, the most valuable player in the league 6 lyst to promote issue-based education and and Nick Bonino, who form the trio affec- times; long-term prevention; tionately known as the ‘‘HBK’’ line; Whereas, in 1997, at the age of 69, Gordie Whereas private individuals and public Whereas longtime Penguins radio an- Howe came out of retirement to join the De- agencies must work together on the Federal, nouncer Mike Lange is beloved by loyal fans troit Vipers of the International Hockey State, and local levels to combat increasing of the team for such expressions as ‘‘Lord League and became the first player ever to occurrences of abuse, neglect, and exploi- Stanley, Lord Stanley, get me the brandy’’; play professional hockey in 6 different dec- tation crime and violence against vulnerable Whereas Penguins Captain Sidney Crosby, ades; older adults and vulnerable adults, particu- who has shown immense leadership, commit- Whereas the ‘‘Gordie Howe hat trick’’, a larly in light of limited resources for vital ment to the team, and unparalleled skill goal, an assist, and a fight in the same game, protective services; and throughout his outstanding career, was is named after Gordie Howe, though he had Whereas 2016 is the 11th anniversary of awarded the Conn Smythe Trophy as the 2016 only 2 such games in his career; World Elder Abuse Awareness Day: Now, NHL Playoffs Most Valuable Player; Whereas Gordie Howe is considered one of therefore, be it Whereas goaltender Matt Murray dazzled the greatest hockey players of all time and Resolved, That the Senate— throughout the playoffs, maintaining his un- to millions of fans worldwide will always be (1) designates June 15, 2016, as ‘‘World believably cool composure as a rookie on the known as ‘‘Mr. Hockey’’; Elder Abuse Awareness Day’’; biggest stage of hockey while compiling a 15– Whereas Gordie Howe was predeceased by (2) recognizes judges, lawyers, adult pro- 6 record, a 2.08 goals-against average, and a his wife of 56 years, Colleen Howe, who died tective services professionals, law enforce- 0.923 save percentage; and in 2009 and was affectionately known as ment officers, long-term care ombudsmen, Whereas the entire Penguins roster con- ‘‘Mrs. Hockey’’; social workers, health care providers, profes- tributed to the Stanley Cup victory, includ- Whereas Gordie Howe is so beloved sional guardians, advocates for victims, and ing Matt Cullen, Pascal Dupuis, Eric Fehr, throughout the United States and Canada other professionals and agencies for the ef- Patric Hornqvist, Tom Kuhnhackl, Chris that a new international bridge connecting forts to advance awareness of elder abuse; Kunitz, Evgeni Malkin, Bryan Rust, Conor Detroit and Windsor has been named in his and Sheary, Oskar Sundqvist, Ian Cole, Trevor honor; (3) encourages members of the public and Daley, Brian Dumoulin, Justin Schultz, Kris Whereas, on June 10, 2016, Gordie Howe professionals who work with older adults to Letang, Ben Lovejoy, Olli Maatta, Derrick died at 88 years of age, after a long career en- act as catalysts to promote awareness and Pouliot, Marc-Andre Fleury, and Jeff joyed by millions; and long-term prevention of elder abuse by Zatkoff: Now, therefore, be it Resolved, That the Senate— Whereas Gordie Howe is survived by his 4 reaching out to local adult protective serv- (1) congratulates the Pittsburgh Penguins children, many grandchildren and great- ices agencies, long-term care ombudsman and the loyal fans of the Penguins for becom- grandchildren, a sister, and by hockey fans programs, and the National Center on Elder across the United States: Now, therefore, be ing the 2016 NHL Stanley Cup champions; Abuse, and by learning to recognize, detect, and it report, and respond to elder abuse. Resolved, That the Senate— (2) respectfully directs the Secretary of the (1) honors the life and legacy of Gordon f Senate to transmit an enrolled copy of this ‘‘Gordie’’ Howe for his significant contribu- resolution to— tions to the sport of hockey and the city of SENATE RESOLUTION 499—CON- (A) the co-owners of the Pittsburgh Pen- Detroit; GRATULATING THE PITTSBURGH guins, Mario Lemieux and Ron Burkle; (2) expresses its deepest sympathies and PENGUINS FOR WINNING THE (B) the President of the Pittsburgh Pen- condolences to the family of Gordie Howe on 2016 STANLEY CUP HOCKEY guins, David Morehouse; and (C) the Head Coach of the Pittsburgh Pen- his passing; and CHAMPIONSHIP (3) respectfully requests that the Secretary guins, Mike Sullivan. of the Senate transmit an enrolled copy of Mr. TOOMEY (for himself and Mr. f CASEY) submitted the following resolu- this resolution to the family of Gordie Howe. SENATE RESOLUTION 500—DESIG- f tion; which was considered and agreed to: NATING JUNE 19, 2016, AS SENATE RESOLUTION 498—DESIG- ‘‘JUNETEENTH INDEPENDENCE S. RES. 499 NATING JUNE 15, 2016, AS DAY’’ IN RECOGNITION OF JUNE Whereas on June 12, 2016, the Pittsburgh ‘‘WORLD ELDER ABUSE AWARE- 19, 1865, THE DATE ON WHICH Penguins won the 2016 Stanley Cup hockey SLAVERY LEGALLY CAME TO AN NESS DAY’’ championship; END IN THE UNITED STATES Mr. BLUMENTHAL (for himself, Ms. Whereas the Penguins, in their 49th year COLLINS, Ms. AYOTTE, Mrs. MCCASKILL, playing in the National Hockey League Mr. CORNYN (for himself, Mrs. Mr. GRASSLEY, Mr. CASEY, Mr. COTTON, (NHL), won their fourth Stanley Cup; BOXER, Ms. BALDWIN, Mr. BENNET, Mr. Mr. TILLIS, Mr. MURPHY, and Mr. HELL- Whereas the Penguins defeated the West- BOOKER, Mr. BROWN, Mr. BURR, Mr. ern Conference Champion San Jose Sharks in ER) submitted the following resolution; CASEY, Mr. COCHRAN, Mr. CRAPO, Mr. the Stanley Cup Finals, clinching the series CRUZ, Mr. DURBIN, Mrs. FEINSTEIN, Mr. which was considered and agreed to: with 4 wins and 2 losses; FRANKEN, Mrs. GILLIBRAND, Ms. S. RES. 498 Whereas the Penguins endured 3 tough op- Whereas Federal Government estimates ponents en route to the championship, de- HIRONO, Mr. INHOFE, Mr. KAINE, Ms. show that more than 1 in 10 persons over age feating the New York Rangers, the Wash- KLOBUCHAR, Mr. LANKFORD, Mr. LEAHY, 60, or 6,000,000 individuals, are victims of ington Capitals, and the Tampa Bay Light- Mr. LEE, Mr. MARKEY, Mr. MERKLEY, elder abuse each year; ning to clinch the Eastern Conference title Ms. MURKOWSKI, Mr. MURPHY, Mrs. Whereas the vast majority of the abuse, and win their fifth Prince of Wales Trophy; MURRAY, Mr. NELSON, Mr. PAUL, Mr. neglect, and exploitation of older adults in Whereas the city of Pittsburgh is fittingly PETERS, Mr. REID, Mr. RUBIO, Mr. the United States goes unidentified and un- nicknamed ‘‘The City of Champions’’, high- SCHUMER, Mr. SCOTT, Ms. STABENOW, reported; lighting the success of Pittsburgh profes- Mr. TILLIS, Mr. WARNER, Mr. WHITE- Whereas only 1 in 44 cases of financial sional sports teams, which have tallied 15 HOUSE, Mr. WICKER, Mr. WYDEN, and abuse of older adults is reported; championships; Ms. WARREN) submitted the following Whereas at least $2,900,000,000 is taken Whereas the Penguins have an active sell- from older adults each year due to financial out streak of 431 games, illustrating the love resolution; which was considered and abuse and exploitation; of the fans for the Penguins team and play- agreed to: Whereas elder abuse, neglect, and exploi- ers; S. RES. 500 tation have no boundaries and cross all ra- Whereas Mike Sullivan took over as Pen- Whereas news of the end of slavery did not cial, social, class, gender, and geographic guins head coach on December 12, 2015, turn- reach the frontier areas of the United States, lines; ing around the Penguins season and leading in particular the State of Texas and the Whereas older adults who are abused are 3 the team to a second-place finish in the Met- other Southwestern States, until months times more likely to die earlier than older ropolitan Division and a spot in the playoffs; after the conclusion of the Civil War, more adults of the same age who are not abused; Whereas NHL Hall of Famer Mario than 2 1⁄2 years after President Abraham Lin- Whereas 1⁄2 of all older adults with demen- Lemieux and Ron Burkle have jointly owned coln issued the Emancipation Proclamation tia will experience abuse; the team for 17 years, saving the Penguins on January 1, 1863;

VerDate Sep 11 2014 03:42 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A16JN6.037 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4306 CONGRESSIONAL RECORD — SENATE June 16, 2016 Whereas, on June 19, 1865, Union soldiers, Peshmerga in April of 2016, in coordination counsel in State capital cases, and for other led by Major General Gordon Granger, ar- with the Government of Iraq, in addition to purposes. rived in Galveston, Texas, with news that the $65,000,000 already provided from the Iraq SA 4728. Mr. KIRK submitted an amend- the Civil War had ended and that the Train and Equip Fund, should remain a pri- ment intended to be proposed by him to the enslaved were free; ority for the United States as part of the bill H.R. 2578, making appropriations for the Whereas African-Americans who had been continued support for Iraqi Security Forces, Departments of Commerce and Justice, slaves in the Southwest celebrated June 19, including the Peshmerga, in the fight Science, and Related Agencies for the fiscal commonly known as ‘‘Juneteenth Independ- against the Islamic State of Iraq and al- year ending September 30, 2016, and for other ence Day’’, as inspiration and encourage- Sham; purposes; which was ordered to lie on the ment for future generations; (5) the Peshmerga should receive all weap- table. Whereas African-Americans from the ons and equipment that the United States, in SA 4729. Ms. HIRONO submitted an amend- Southwest have continued the tradition of coordination with the Government of Iraq, ment intended to be proposed by her to the observing Juneteenth Independence Day for agrees to provide in an expeditious and in a bill H.R. 2578, supra; which was ordered to lie over 150 years; timely manner; on the table. SA 4730. Ms. HIRONO submitted an amend- Whereas 45 States and the District of Co- (6) the Peshmerga require equipment that ment intended to be proposed to amendment lumbia have designated Juneteenth Inde- will allow them to defend themselves and SA 4685 proposed by Mr. SHELBY (for himself pendence Day as a special day of observance their coalition advisers against the increased and Ms. MIKULSKI) to the bill H.R. 2578, in recognition of the emancipation of all use of vehicle-borne improvised explosive de- supra; which was ordered to lie on the table. slaves in the United States; vices by the Islamic State of Iraq and al- SA 4731. Ms. HIRONO submitted an amend- Whereas Juneteenth Independence Day Sham; ment intended to be proposed to amendment celebrations have been held to honor Afri- (7) the Peshmerga are vital partners in the SA 4685 proposed by Mr. SHELBY (for himself can-American freedom while encouraging fight against the Islamic State of Iraq and and Ms. MIKULSKI) to the bill H.R. 2578, self-development and respect for all cultures; al-Sham; and supra; which was ordered to lie on the table. Whereas the faith and strength of char- (8) in coordination with the Government of SA 4732. Mr. INHOFE submitted an amend- acter demonstrated by former slaves and the Iraq, the United States will endeavor to in- ment intended to be proposed by him to the descendants of former slaves remain an ex- crease assistance to Iraqi Kurdish Forces to bill H.R. 2578, supra; which was ordered to lie ample for all people of the United States, re- enhance their combat medicine and on the table. gardless of background, religion, or race; logistical capabilities, to defend internally SA 4733. Mr. CRUZ (for himself, Mr. LEE, Whereas slavery was not officially abol- displaced persons and refugees, and to defend Mr. LANKFORD, and Mr. GRASSLEY) submitted ished until the ratification of the 13th the Peshmerga and their coalition advisers. an amendment intended to be proposed to Amendment to the Constitution of the f amendment SA 4685 proposed by Mr. SHELBY United States in December 1865; and (for himself and Ms. MIKULSKI) to the bill Whereas, over the course of its history, the AMENDMENTS SUBMITTED AND H.R. 2578, supra; which was ordered to lie on United States has grown into a symbol of de- PROPOSED the table. mocracy and freedom around the world: Now, SA 4721. Mr. ROUNDS (for himself and Mr. SA 4734. Mr. CRUZ (for himself, Mr. LEE, therefore, be it THUNE) submitted an amendment intended to and Mr. LANKFORD) submitted an amendment Resolved, That the Senate— intended to be proposed to amendment SA (1) designates June 19, 2016, as ‘‘Juneteenth be proposed to amendment SA 4685 proposed by Mr. SHELBY (for himself and Ms. MIKUL- 4685 proposed by Mr. SHELBY (for himself and Independence Day’’; Ms. MIKULSKI) to the bill H.R. 2578, supra; (2) recognizes the historical significance of SKI) to the bill H.R. 2578, making appropria- tions for the Departments of Commerce and which was ordered to lie on the table. Juneteenth Independence Day to the United SA 4735. Mr. JOHNSON submitted an States; Justice, Science, and Related Agencies for the fiscal year ending September 30, 2016, and amendment intended to be proposed by him (3) supports the continued nationwide cele- to the bill H.R. 2578, supra; which was or- bration of Juneteenth Independence Day to for other purposes; which was ordered to lie on the table. dered to lie on the table. provide an opportunity for the people of the SA 4736. Mr. GRASSLEY submitted an SA 4722. Mr. LEE submitted an amendment United States to learn more about the past amendment intended to be proposed to intended to be proposed to amendment SA and to better understand the experiences amendment SA 4685 proposed by Mr. SHELBY 4685 proposed by Mr. SHELBY (for himself and that have shaped the United States; and (for himself and Ms. MIKULSKI) to the bill Ms. MIKULSKI) to the bill H.R. 2578, supra; (4) recognizes that the observance of the H.R. 2578, supra; which was ordered to lie on which was ordered to lie on the table. end of slavery is part of the history and her- SA 4723. Mr. CORNYN submitted an the table. itage of the United States. SA 4737. Mr. GRASSLEY (for himself and amendment intended to be proposed to Mr. WHITEHOUSE) submitted an amendment f amendment SA 4685 proposed by Mr. SHELBY intended to be proposed to amendment SA (for himself and Ms. MIKULSKI) to the bill SENATE CONCURRENT RESOLU- 4685 proposed by Mr. SHELBY (for himself and H.R. 2578, supra; which was ordered to lie on TION 41—EXPRESSING THE Ms. MIKULSKI) to the bill H.R. 2578, supra; the table. SENSE OF CONGRESS ON THE which was ordered to lie on the table. SA 4724. Mrs. SHAHEEN submitted an SA 4738. Mr. LANKFORD (for himself, Mr. PESHMERGA OF THE KURDISTAN amendment intended to be proposed to CORNYN, Mr. LEE, Mr. HATCH, Mr. CRUZ, Mr. REGION OF IRAQ amendment SA 4685 proposed by Mr. SHELBY INHOFE, and Mr. JOHNSON) submitted an Mrs. ERNST (for herself and Mrs. (for himself and Ms. MIKULSKI) to the bill amendment intended to be proposed to H.R. 2578, supra; which was ordered to lie on BOXER) submitted the following con- amendment SA 4685 proposed by Mr. SHELBY the table. current resolution; which was referred (for himself and Ms. MIKULSKI) to the bill SA 4725. Mrs. MURRAY submitted an H.R. 2578, supra; which was ordered to lie on to the Committee on Foreign Rela- amendment intended to be proposed by her tions: the table. to the bill H.R. 2578, supra; which was or- SA 4739. Mr. LANKFORD submitted an S. CON. RES. 41 dered to lie on the table. amendment intended to be proposed to SA 4726. Mrs. MURRAY submitted an Resolved by the Senate (the House of Rep- amendment SA 4685 proposed by Mr. SHELBY resentatives concurring), That it is the sense amendment intended to be proposed by her (for himself and Ms. MIKULSKI) to the bill of Congress that— to the bill H.R. 2578, supra; which was or- H.R. 2578, supra; which was ordered to lie on (1) the Peshmerga of the Kurdistan Region dered to lie on the table. the table. of Iraq have been one of the most effective SA 4727. Mr. CORNYN (for Mr. GRASSLEY SA 4740. Mr. TOOMEY submitted an fighting forces in the military campaign (for himself, Mr. CORNYN, Mr. LEAHY, Mrs. amendment intended to be proposed by him against the Islamic State of Iraq and al- FEINSTEIN, and Mr. LANKFORD)) proposed an to the bill H.R. 2578, supra; which was or- Sham (ISIS); amendment to the bill S. 2577, to protect dered to lie on the table. (2) the Islamic State of Iraq and al-Sham crime victims’ rights, to eliminate the sub- SA 4741. Mr. HELLER submitted an poses an acute threat to the Iraqi people and stantial backlog of DNA and other forensic amendment intended to be proposed to territorial integrity of Iraq, including the evidence samples to improve and expand the amendment SA 4685 proposed by Mr. SHELBY Kurdistan Region of Iraq, and the security forensic science testing capacity of Federal, (for himself and Ms. MIKULSKI) to the bill and stability of the Middle East; State, and local crime laboratories, to in- H.R. 2578, supra; which was ordered to lie on (3) the severe budget shortfalls faced by crease research and development of new test- the table. both the Government of Iraq and the ing technologies, to develop new training SA 4742. Mr. CORNYN submitted an Kurdistan Regional Government are hin- programs regarding the collection and use of amendment intended to be proposed to dering the stability of Iraq and have the po- forensic evidence, to provide post-conviction amendment SA 4685 proposed by Mr. SHELBY tential to undermine long-term efforts to testing of DNA evidence to exonerate the in- (for himself and Ms. MIKULSKI) to the bill bring about the sustainable defeat of the Is- nocent, to support accreditation efforts of fo- H.R. 2578, supra; which was ordered to lie on lamic State of Iraq and al-Sham; rensic science laboratories and medical ex- the table. (4) the $415,000,000 pledged by the United aminer offices, to address training and equip- SA 4743. Mr. HATCH submitted an amend- States Government to the Kurdish ment needs, to improve the performance of ment intended to be proposed to amendment

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SA 4685 proposed by Mr. SHELBY (for himself SA 4758. Mr. GARDNER (for himself, Mr. eral for the Office of Justice Programs shall and Ms. MIKULSKI) to the bill H.R. 2578, HATCH, and Mr. JOHNSON) submitted an give priority to detention facilities located supra; which was ordered to lie on the table. amendment intended to be proposed to on the land of Indian tribes with not fewer SA 4744. Mr. HATCH submitted an amend- amendment SA 4685 proposed by Mr. SHELBY than 10,000 members and that demonstrate ment intended to be proposed to amendment (for himself and Ms. MIKULSKI) to the bill readiness and preparedness to commence SA 4685 proposed by Mr. SHELBY (for himself H.R. 2578, supra; which was ordered to lie on construction. and Ms. MIKULSKI) to the bill H.R. 2578, the table. supra; which was ordered to lie on the table. SA 4759. Mr. BOOZMAN submitted an SA 4722. Mr. LEE submitted an SA 4745. Mr. HATCH submitted an amend- amendment intended to be proposed by him amendment intended to be proposed to ment intended to be proposed by him to the to the bill H.R. 2578, supra; which was or- amendment SA 4685 proposed by Mr. bill H.R. 2578, supra; which was ordered to lie dered to lie on the table. SHELBY (for himself and Ms. MIKULSKI) on the table. SA 4760. Mr. BOOZMAN submitted an SA 4746. Mr. HATCH submitted an amend- amendment intended to be proposed by him to the bill H.R. 2578, making appropria- ment intended to be proposed to amendment to the bill H.R. 2578, supra; which was or- tions for the Departments of Commerce SA 4685 proposed by Mr. SHELBY (for himself dered to lie on the table. and Justice, Science, and Related and Ms. MIKULSKI) to the bill H.R. 2578, SA 4761. Mr. BOOZMAN (for himself, Mr. Agencies for the fiscal year ending Sep- supra; which was ordered to lie on the table. SESSIONS, Mr. TILLIS, and Mr. CORNYN) sub- tember 30, 2016, and for other purposes; SA 4747. Mr. HATCH submitted an amend- mitted an amendment intended to be pro- which was ordered to lie on the table; ment intended to be proposed to amendment posed by him to the bill H.R. 2578, supra; as follows: SA 4685 proposed by Mr. SHELBY (for himself which was ordered to lie on the table. and Ms. MIKULSKI) to the bill H.R. 2578, SA 4762. Mr. MERKLEY (for himself, Mr. On page 68, between lines 20 and 21, insert supra; which was ordered to lie on the table. KIRK, Ms. BALDWIN, Mr. BOOKER, Ms. MIKUL- the following: SA 4748. Mr. HATCH submitted an amend- SKI, Mrs. SHAHEEN , Mrs. MURRAY, Mr. COONS, SEC. 218. (a) Notwithstanding any other ment intended to be proposed to amendment and Mr. DURBIN) submitted an amendment provision of law, none of the funds appro- SA 4685 proposed by Mr. SHELBY (for himself intended to be proposed to amendment SA priated or otherwise made available by this and Ms. MIKULSKI) to the bill H.R. 2578, 4685 proposed by Mr. SHELBY (for himself and Act may be used— supra; which was ordered to lie on the table. Ms. MIKULSKI) to the bill H.R. 2578, supra; (1) to require or coerce an educational in- SA 4749. Mr. McCONNELL (for Mr. CORNYN) which was ordered to lie on the table. stitution to enforce, or suggest an edu- proposed an amendment to amendment SA SA 4763. Ms. CANTWELL submitted an cational institution enforce, a more strict 4720 proposed by Mrs. FEINSTEIN (for herself, amendment intended to be proposed to actionable harassment standard than that Mr. LEAHY, Mr. NELSON, Mr. REID, Mr. DUR- amendment SA 4685 proposed by Mr. SHELBY provided under subsection (b); and BIN, Mr. SCHUMER, Ms. MIKULSKI, Mrs. (for himself and Ms. MIKULSKI) to the bill (2) by the Department of Justice to take BOXER, Mr. UDALL, Mr. CARPER, Mr. MARKEY, H.R. 2578, supra; which was ordered to lie on action against an educational institution or Mr. MENENDEZ , Mr. COONS, Mr. BLUMENTHAL, the table. State for not implementing guidance, in- Mrs. MURRAY, Mr. BROWN, Mr. SCHATZ, Ms. SA 4764. Mr. CRUZ submitted an amend- struction, or a rule promulgated by the De- KLOBUCHAR, Mr. MURPHY, Mrs. MCCASKILL, ment intended to be proposed to amendment partment of Education regarding a more Mr. HEINRICH, Mr. FRANKEN, Mr. BOOKER, and SA 4685 proposed by Mr. SHELBY (for himself strict actionable harassment standard than Mr. KAINE) to the amendment SA 4685 pro- and Ms. MIKULSKI) to the bill H.R. 2578, that provided under subsection (b). posed by Mr. SHELBY (for himself and Ms. MI- supra; which was ordered to lie on the table. (b) Speech shall constitute actionable har- KULSKI) to the bill H.R. 2578, supra. SA 4765. Mrs. GILLIBRAND (for herself and assment only if the speech— SA 4750. Mr. McCONNELL (for Mr. MURPHY Mr. KIRK) submitted an amendment intended (1) is directed at an individual; and (for himself, Mr. BOOKER, Mr. BLUMENTHAL, to be proposed to amendment SA 4685 pro- (2)(A) is part of a pattern of targeted, un- Mr. SCHUMER, and Mr. CARDIN)) proposed an posed by Mr. SHELBY (for himself and Ms. MI- welcome conduct that is discriminatory on amendment to the bill H.R. 2578, supra. KULSKI) to the bill H.R. 2578, supra; which the basis of race, color, national origin, dis- SA 4751. Mr. McCONNELL (for Mr. GRASS- was ordered to lie on the table. ability, religion, age, sex, or gender; LEY) proposed an amendment to amendment SA 4766. Mr. WICKER (for himself, Ms. (B) is severe, pervasive, and objectively of- SA 4750 proposed by Mr. MCCONNELL (for Mr. CANTWELL, and Ms. MURKOWSKI) submitted fensive; and MURPHY (for himself, Mr. BOOKER, Mr. an amendment intended to be proposed to (C) so undermines and detracts from the BLUMENTHAL, Mr. SCHUMER, and Mr. CARDIN)) amendment SA 4685 proposed by Mr. SHELBY victim’s educational experience that the vic- to the bill H.R. 2578, supra. (for himself and Ms. MIKULSKI) to the bill tim is effectively denied equal access to the SA 4752. Mr. McCONNELL proposed an H.R. 2578, supra; which was ordered to lie on institution’s resources and opportunities. amendment to amendment SA 4751 proposed the table. by Mr. MCCONNELL (for Mr. GRASSLEY) to the SA 4767. Mr. WYDEN (for himself and Mr. SA 4723. Mr. CORNYN submitted an amendment SA 4750 proposed by Mr. MCCON- MERKLEY) submitted an amendment in- amendment intended to be proposed to NELL (for Mr. MURPHY (for himself, Mr. BOOK- tended to be proposed to amendment SA 4685 amendment SA 4685 proposed by Mr. proposed by Mr. SHELBY (for himself and Ms. ER, Mr. BLUMENTHAL, Mr. SCHUMER , and Mr. SHELBY (for himself and Ms. MIKULSKI) CARDIN)) to the bill H.R. 2578, supra. MIKULSKI) to the bill H.R. 2578, supra; which to the bill H.R. 2578, making appropria- SA 4753. Mr. SHELBY (for himself, Mr. was ordered to lie on the table. tions for the Departments of Commerce SESSIONS, Mr. RUBIO, and Mr. NELSON) sub- f mitted an amendment intended to be pro- and Justice, Science, and Related posed to amendment SA 4685 proposed by Mr. TEXT OF AMENDMENTS Agencies for the fiscal year ending Sep- SHELBY (for himself and Ms. MIKULSKI) to the SA 4721. Mr. ROUNDS (for himself tember 30, 2016, and for other purposes; bill H.R. 2578, supra; which was ordered to lie and Mr. THUNE) submitted an amend- which was ordered to lie on the table; on the table. as follows: SA 4754. Ms. CANTWELL (for herself and ment intended to be proposed to On page 80, between lines 17 and 18, insert Mr. WYDEN) submitted an amendment in- amendment SA 4685 proposed by Mr. tended to be proposed to amendment SA 4685 SHELBY (for himself and Ms. MIKULSKI) the following: proposed by Mr. SHELBY (for himself and Ms. to the bill H.R. 2578, making appropria- GENERAL PROVISION—NATIONAL AERONAUTICS MIKULSKI) to the bill H.R. 2578, supra; which tions for the Departments of Commerce AND SPACE ADMINISTRATION was ordered to lie on the table. and Justice, Science, and Related SEC. 301. None of the funds appropriated or SA 4755. Mr. MANCHIN submitted an Agencies for the fiscal year ending Sep- otherwise made available by this Act may be amendment intended to be proposed to tember 30, 2016, and for other purposes; used by the National Aeronautics and Space amendment SA 4685 proposed by Mr. SHELBY Administration to prepare a budget request (for himself and Ms. MIKULSKI) to the bill which was ordered to lie on the table; for fiscal year 2018 that does not maintain H.R. 2578, supra; which was ordered to lie on as follows: development milestones and launch sched- the table. After section 217, insert the following: ules for human exploration missions and pro- SA 4756. Mr. BROWN submitted an amend- SEC. 2ll. (a) Of amounts made available grams to which the Administration is for- ment intended to be proposed to amendment by this title for the Office of Justice Pro- mally committed or as otherwise identified SA 4685 proposed by Mr. SHELBY (for himself grams to be used for tribal criminal justice by this Act. and Ms. MIKULSKI) to the bill H.R. 2578, assistance, the Assistant Attorney General supra; which was ordered to lie on the table. for the Office of Justice Programs shall use SA 4724. Mrs. SHAHEEN submitted SA 4757. Mr. REID (for himself, Mr. LEAHY, not more than $25,000,000 to replace outdated an amendment intended to be proposed Mrs. MURRAY, Mr. MENENDEZ, and Mr. DUR- detention facilities located on Indian land to amendment SA 4685 proposed by Mr. BIN) submitted an amendment intended to be that the United States has determined to be proposed to amendment SA 4685 proposed by unfit for detention purposes and beyond re- SHELBY (for himself and Ms. MIKULSKI) Mr. SHELBY (for himself and Ms. MIKULSKI) habilitation. to the bill H.R. 2578, making appropria- to the bill H.R. 2578, supra; which was or- (b) In conducting activities described in tions for the Departments of Commerce dered to lie on the table. subsection (a), the Assistant Attorney Gen- and Justice, Science, and Related

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On page 52, line 1, strike ‘‘$13,500,000’’ and AND EXPENSES’’ under the heading ‘‘DEPART- (b) TRANSFER OF FUNDS FOR INFORMATION insert ‘‘$25,000,000, of which $12,500,000 is des- MENTAL MANAGEMENT’’ of the Department of COLLECTION.—The Secretary of Commerce ignated by Congress as an emergency re- Commerce, to the appropriations account shall transfer $1,000,000 of the funds made quirement pursuant to section 251(b)(2)(A)(i) under the heading ‘‘SALARIES AND EXPENSES’’ available by this Act from the appropria- of the Balanced Budget and Emergency Def- of the Commission. Such transferred funds tions account under the heading ‘‘SALARIES icit Control Act of 1985 (2 U.S.C. may only be used to finalize and implement AND EXPENSES’’ under the heading ‘‘DEPART- 901(b)(2)(A)(i)),’’. the regulation referred to in the notice enti- MENTAL MANAGEMENT’’ of the Department of tled ‘‘Agency Information Collection Activi- Commerce, to the appropriations account SA 4725. Mrs. MURRAY submitted an ties: Revision of the Employer Information under the heading ‘‘SALARIES AND EXPENSES’’ amendment intended to be proposed by Report (EEO–1) and Comment Request’’, pub- of the Commission. Such transferred funds her to the bill H.R. 2578, making appro- lished by the Commission (81 Fed. Reg. 5113 may only be used to finalize and implement priations for the Departments of Com- (February 1, 2016)). the regulation referred to in the notice enti- merce and Justice, Science, and Re- tled ‘‘Agency Information Collection Activi- SA 4726. Mrs. MURRAY submitted an lated Agencies for the fiscal year end- ties: Revision of the Employer Information amendment intended to be proposed by ing September 30, 2016, and for other Report (EEO–1) and Comment Request’’, pub- her to the bill H.R. 2578, making appro- purposes; which was ordered to lie on lished by the Commission (81 Fed. Reg. 5113 priations for the Departments of Com- (February 1, 2016)). the table; as follows: merce and Justice, Science, and Re- At the end of title V (before the short lated Agencies for the fiscal year end- SA 4727. Mr. CORNYN (for Mr. title), insert the following: ing September 30, 2016, and for other GRASSLEY (for himself, Mr. CORNYN, SEC. ll. COLLECTION OF PAY DATA THROUGH Mr. LEAHY, Mrs. FEINSTEIN, and Mr. EMPLOYER INFORMATION REPORT purposes; which was ordered to lie on LANKFORD)) proposed an amendment to EEO–1. the table; as follows: the bill S. 2577, to protect crime vic- (a) FINDINGS.—Congress finds the fol- At the end of title V (before the short lowing: title), insert the following: tims’ rights, to eliminate the substan- (1) The Equal Employment Opportunity SEC. ll. COLLECTION OF PAY DATA THROUGH tial backlog of DNA and other forensic Commission (referred to in this section as EMPLOYER INFORMATION REPORT evidence samples to improve and ex- the ‘‘Commission’’) is responsible for enforc- EEO–1. pand the forensic science testing ca- ing title VII of the Civil Rights Act of 1964 (a) FINDINGS.—Congress finds the fol- pacity of Federal, State, and local (42 U.S.C. 2000e et seq.), including section lowing: crime laboratories, to increase re- 701(k) of that title (commonly known as the (1) The Equal Employment Opportunity ‘‘Pregnancy Discrimination Act’’) (42 U.S.C. Commission (referred to in this section as search and development of new testing 2000e(k)), section 6(d) of the Fair Labor the ‘‘Commission’’) is responsible for enforc- technologies, to develop new training Standards Act of 1963 (commonly known as ing title VII of the Civil Rights Act of 1964 programs regarding the collection and the ‘‘Equal Pay Act of 1963’’) (29 U.S.C. (42 U.S.C. 2000e et seq.), including section use of forensic evidence, to provide 206(d)), title I of the Americans with Disabil- 701(k) of that title (commonly known as the post-conviction testing of DNA evi- ities Act of 1990 (42 U.S.C. 12111 et seq.), the ‘‘Pregnancy Discrimination Act’’) (42 U.S.C. dence to exonerate the innocent, to Genetic Information Nondiscrimination Act 2000e(k)), section 6(d) of the Fair Labor support accreditation efforts of foren- of 2008 (42 U.S.C. 2000ff et seq.), section 504 of Standards Act of 1963 (commonly known as sic science laboratories and medical ex- the Rehabilitation Act (29 U.S.C. 794), the the ‘‘Equal Pay Act of 1963’’) (29 U.S.C. Age Discrimination in Employment Act of 206(d)), title I of the Americans with Disabil- aminer offices, to address training and 1967 (29 U.S.C. 621 et seq.), and other Federal ities Act of 1990 (42 U.S.C. 12111 et seq.), the equipment needs, to improve the per- civil rights laws that prohibit discrimination Genetic Information Nondiscrimination Act formance of counsel in State capital in employment. of 2008 (42 U.S.C. 2000ff et seq.), section 504 of cases, and for other purposes; as fol- (2) Employment discrimination can mani- the Rehabilitation Act (29 U.S.C. 794), the lows: fest in many ways including firing an em- Age Discrimination in Employment Act of On page 6, line 2, strike ‘‘Of the amounts’’ ployee, paying an employee less, failing to 1967 (29 U.S.C. 621 et seq.), and other Federal and insert ‘‘(a) IN GENERAL.—Of the promote an employee, or demoting an em- civil rights laws that prohibit discrimination amounts’’. ployee, because of the employee’s race, sex, in employment. On page 6, between lines 21 and 22, insert color, religion, national origin, age, dis- (2) Employment discrimination can mani- the following: ability, sexual orientation, or gender iden- fest in many ways including firing an em- (b) REPORTING.— tity. ployee, paying an employee less, failing to (1) REPORT BY GRANT RECIPIENTS.—With re- (3) Today, on average, women make just 79 promote an employee, or demoting an em- spect to amounts made available to the At- cents for every dollar that men make. Afri- ployee, because of the employee’s race, sex, torney General for a DNA Analysis and ca- can-American and Hispanic women are paid color, religion, national origin, age, dis- pacity enhancement program and for other just 60 cents and 55 cents, respectively, for ability, sexual orientation, or gender iden- local, State, and Federal forensic activities every dollar that non-Hispanic White men tity. under the heading ‘‘STATE AND LOCAL LAW EN- are paid. (3) Today, on average, women make just 79 FORCEMENT’’ under the heading ‘‘OFFICE OF (4) For 50 years, the Commission has col- cents for every dollar that men make. Afri- JUSTICE PROGRAMS’’ under the heading ‘‘DE- lected employment data through the Em- can-American and Hispanic women are paid PARTMENT OF JUSTICE’’, the Attorney ployer Information Report EEO–1, which pro- just 60 cents and 55 cents, respectively, for General shall require recipients of the vides workforce profiles from private sector every dollar that non-Hispanic White men amounts to report on the effectiveness of the employers, categorized by race, ethnicity, are paid. activities carried out using the amounts, in- sex, and job category. (4) For 50 years, the Commission has col- cluding any information the Attorney Gen- (5) Pursuant to section 709(c) of the Civil lected employment data through the Em- eral needs in order to submit the report re- Rights Act of 1964 (42 U.S.C. 2000e–8(c)), the ployer Information Report EEO–1, which pro- quired under paragraph (2). Commission has the authority to collect pay vides workforce profiles from private sector (2) REPORT TO CONGRESS.—Not later than 1 data (including W–2 earnings and hours employers, categorized by race, ethnicity, month after the last day of each even-num- worked by employees) from employers. sex, and job category. bered fiscal year, the Attorney General shall (6) The Commission recently proposed, and (5) Pursuant to section 709(c) of the Civil submit to the Committee on the Judiciary of has the authority to finalize, a new rule Rights Act of 1964 (42 U.S.C. 2000e–8(c)), the the Senate and the Committee on the Judici- supplementing the information collected Commission has the authority to collect pay ary of the House of Representatives a report through the Employer Information Report data (including W–2 earnings and hours that includes, for each recipient of amounts EEO–1 to collect pay data from employers in worked by employees) from employers. described in paragraph (1)— order to obtain insight into pay disparities (6) The Commission recently proposed, and (A) the amounts distributed to the recipi- across industries and occupations and has the authority to finalize, a new rule ent; strengthen Federal efforts to combat dis- supplementing the information collected (B) a summary of the purposes for which crimination. through the Employer Information Report the amounts were used and an evaluation of (7) The data will help employers better un- EEO–1 to collect pay data from employers in the progress of the recipient in achieving derstand their pay practices and voluntarily order to obtain insight into pay disparities those purposes; address gender-based pay imbalances, as well across industries and occupations and (C) a statistical summary of the crime as identify pay disparities that may warrant strengthen Federal efforts to combat dis- scene samples and arrestee or offender sam- further examination by the Commission. crimination. ples submitted to laboratories, the average

VerDate Sep 11 2014 03:42 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A16JN6.045 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 16, 2016 CONGRESSIONAL RECORD — SENATE S4309 time between the submission of a sample to At the appropriate place, insert the fol- propriations for the Departments of a laboratory and the testing of the sample, lowing: Commerce and Justice, Science, and and the percentage of the amounts that were SEC. ll. REPORT REGARDING THE IMPLEMEN- Related Agencies for the fiscal year paid to private laboratories; and TATION OF THE REGIONAL BIOSECU- ending September 30, 2016, and for (D) an evaluation of the effectiveness of RITY PLAN FOR MICRONESIA AND the grant amounts in increasing capacity HAWAII. other purposes; which was ordered to and reducing backlogs. (a) REQUIREMENT FOR REPORT.—The Sec- lie on the table; as follows: retary of Commerce shall submit to the On page 37, between lines 21 and 22, insert At the appropriate place, insert the fol- Committee on Appropriations of the Senate the following: lowing: and the Committee on Appropriations of the (10) PREVENTING DUPLICATIVE GRANTS.— TITLE ll—KEEP OUR COMMUNITIES House of Representatives, at the time the (A) IN GENERAL.—Before the Attorney Gen- SAFE ACT OF 2016 President’s budget for fiscal year 2018 is sub- eral awards a grant to an applicant under mitted under section 1105(a) of title 31, SEC. l01. SHORT TITLE. this Act, the Attorney General shall com- United States Code, an annual report on the This title may be cited as the ‘‘Keep Our pare potential grant awards with other activities carried out by the National Oce- Communities Safe Act of 2016’’. grants awarded under this Act to determine anic and Atmospheric Administration to im- SEC. l02. SENSE OF CONGRESS. whether duplicate grants are awarded for the plement the Regional Biosecurity Plan for It is the sense of Congress that— same purpose. Micronesia and Hawaii. (1) Constitutional rights should be upheld (B) REPORT.—If the Attorney General (b) CONTENTS.—The report required by sub- and protected; awards duplicate grants to the same appli- section (a) shall include— (2) Congress intends to uphold the Con- cant for the same purpose, the Attorney Gen- (1) an update of the activities carried out stitutional principle of due process; and eral shall submit to the Committee on the by the National Oceanic and Atmospheric (3) due process of the law is a right af- Judiciary of the Senate and the Committee Administration to implement the Regional forded to everyone in the United States. on the Judiciary of the House of Representa- Biosecurity Plan for Micronesia and Hawaii SEC. l03. DETENTION OF DANGEROUS ALIENS tives a report that includes— in the previous fiscal year; DURING REMOVAL PROCEEDINGS. (i) a list of all duplicate grants awarded, (2) a description of activities that the Ad- Section 236 of the Immigration and Nation- including the total dollar amount of any du- ministrator of the National Oceanic and At- ality Act (8 U.S.C. 1226) is amended— plicate grants awarded; and mospheric Administration intends to imple- (1) by striking ‘‘Attorney General’’ each (ii) the reason the Attorney General ment to carry out such Plan; and place such term appears (except in the sec- awarded the duplicate grants. (3) an estimate of the funds needed to carry ond place it appears in subsection (a)) and in- On page 40, line 25, strike ‘‘sections 3663 out the activities referred to in paragraph serting ‘‘Secretary of Homeland Security’’; and 3663A’’ and insert ‘‘each provision of this (2). (2) in subsection (a)— title and the Controlled Substances Act (21 (A) in the matter preceding paragraph (1), U.S.C. 801 et seq.) that authorizes restitu- SA 4730. Ms. HIRONO submitted an by inserting ‘‘the Secretary of Homeland Se- tion’’. amendment intended to be proposed to curity or’’ before ‘‘the Attorney General—’’; On page 41, line 7, strike ‘‘sections 3663 and amendment SA 4685 proposed by Mr. and 3663A’’ and insert ‘‘each provision of this (B) in paragraph (2)(B), by striking ‘‘condi- SHELBY (for himself and Ms. MIKULSKI) title and the Controlled Substances Act (21 tional parole’’ and inserting ‘‘recognizance’’; U.S.C. 801 et seq.) that authorizes restitu- to the bill H.R. 2578, making appropria- (3) in subsection (b)— tion’’. tions for the Departments of Commerce (A) in the subsection heading, by striking On page 41, line 15, strike ‘‘sections 3663 and Justice, Science, and Related ‘‘PAROLE’’ and inserting ‘‘RECOGNIZANCE’’; and 3663A’’ and insert ‘‘each provision of this Agencies for the fiscal year ending Sep- and title and the Controlled Substances Act (21 tember 30, 2016, and for other purposes; (B) by striking ‘‘parole’’ and inserting ‘‘re- U.S.C. 801 et seq.) that authorizes restitu- which was ordered to lie on the table; cognizance’’; tion’’. as follows: (4) in subsection (c)(1), by striking the un- On page 41, line 22, insert ‘‘or the Con- designated matter following subparagraph At the appropriate place, insert the fol- trolled Substances Act (21 U.S.C. 801 et (D) and inserting the following: lowing: seq.)’’ after ‘‘this title’’. ‘‘any time after the alien is released, with- SEC. llll. Amounts provided by this On page 42, lines 21 and 22, strike ‘‘sections out regard to whether an alien is released re- Act or by any prior appropriations Act that 3663 and 3663A’’ and insert ‘‘each provision of lated to any activity, offense, or conviction remain available for obligation, for nec- this title and the Controlled Substances Act described in this paragraph; to whether the essary expenses of the programs of the Bu- (21 U.S.C. 801 et seq.) that authorizes restitu- alien is released on parole, supervised re- reau of Justice Statistics of the Department tion’’. lease, or probation; or to whether the alien of Justice, shall be available to make grants On page 43, line 3, insert ‘‘the’’ before may be arrested or imprisoned again for the to, or enter into cooperative agreements or ‘‘date’’. same offense. If the activity described in this contracts with, public agencies, institutions paragraph does not result in the alien being of higher education, private organizations, SA 4728. Mr. KIRK submitted an taken into custody by any person other than or private individuals to disaggregate local, amendment intended to be proposed by the Secretary, then when the alien is State and Federal criminal justice statistics him to the bill H.R. 2578, making ap- brought to the attention of the Secretary or to the extent possible by Hispanic origin and when the Secretary determines it is prac- propriations for the Departments of the racial group categories in the decennial tical to take such alien into custody, the Commerce and Justice, Science, and census. The total amount of grants made Secretary shall take such alien into cus- Related Agencies for the fiscal year under this section in any fiscal year may not tody.’’; ending September 30, 2016, and for be greater than $1,000,000. other purposes; which was ordered to (5) in subsection (e), by striking ‘‘Attorney General’s’’ and inserting ‘‘Secretary of lie on the table; as follows: SA 4731. Ms. HIRONO submitted an amendment intended to be proposed to Homeland Security’s’’; and In the matter under the heading ‘‘BUILD- (6) by adding at the end the following: INGS AND FACILITIES’’ under the heading amendment SA 4685 proposed by Mr. ‘‘(f) LENGTH OF DETENTION.— ‘‘FEDERAL PRISON SYSTEM’’ under the head- SHELBY (for himself and Ms. MIKULSKI) ‘‘(1) Notwithstanding any other provision ing ‘‘DEPARTMENT OF JUSTICE’’ in title to the bill H.R. 2578, making appropria- of this section, an alien may be detained II, strike ‘‘and of which’’ and insert ‘‘of tions for the Departments of Commerce under this section for any period, without which $6,000,000 shall be available to test and Justice, Science, and Related limitation, except as provided in subsection methods and procedures to prevent illegal Agencies for the fiscal year ending Sep- (i), until the alien is subject to a final order inmate telecommunications covering all tember 30, 2016, and for other purposes; of removal. commercial networks through managed ac- ‘‘(2) The length of detention under this sec- cess while not interfering with the legiti- which was ordered to lie on the table; tion shall not affect a detention under sec- mate use of the spectrum, and of which’’. as follows: tion 241. After section 113, insert the following: ‘‘(g) ADMINISTRATIVE REVIEW.— SA 4729. Ms. HIRONO submitted an SEC. 114. The Secretary of Commerce shall ‘‘(1) LIMITATION.—The Attorney General’s amendment intended to be proposed by use funds made available by this Act to review of the Secretary’s custody determina- her to the bill H.R. 2578, making appro- carry out a prize competition as authorized tions under subsection (a) shall be limited to priations for the Departments of Com- by section 24 of the Stevenson-Wydler Tech- whether the alien may be detained, released nology Innovation Act of 1980 (15 U.S.C. 3719) merce and Justice, Science, and Re- on bond (of at least $1,500 with security ap- to address coral reef health. proved by the Secretary), or released with no lated Agencies for the fiscal year end- bond. Any review involving an alien de- ing September 30, 2016, and for other SA 4732. Mr. INHOFE submitted an scribed in paragraph (2)(D) shall be limited purposes; which was ordered to lie on amendment intended to be proposed by to a determination of whether the alien is the table; as follows: him to the bill H.R. 2578, making ap- properly included in such category.

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‘‘(2) CLASSES OF ALIENS.—The Attorney tablish the alien’s identity and carry out the ‘‘(aa) will be removed in the reasonably General shall review the Secretary’s custody removal order; foreseeable future; determinations for the following classes of ‘‘(II) the stay of removal is no longer in ef- ‘‘(bb) would be removed in the reasonably aliens: fect; or foreseeable future; or ‘‘(A) Aliens in exclusion proceedings. ‘‘(III) the alien is returned to the custody ‘‘(cc) would have been removed if the alien ‘‘(B) Aliens described in sections 212(a)(3) of the Secretary. had not— and 237(a)(4). ‘‘(iii) MANDATORY DETENTION FOR CERTAIN ‘‘(AA) failed or refused to make all reason- ‘‘(C) Aliens described in subsection (c). ALIENS.—The Secretary shall keep an alien able efforts to comply with the removal ‘‘(D) Aliens in deportation proceedings sub- described in subparagraphs (A) through (D) order; ject to section 242(a)(2) (as in effect between of section 236(c)(1) in detention during the ‘‘(BB) failed or refused to cooperate fully April 24, 1996, and April 1, 1997). extended period described in clause (i). with the Secretary’s efforts to establish the ‘‘(h) RELEASE ON BOND.— ‘‘(iv) SOLE FORM OF RELIEF.—An alien may alien’s identity and carry out the removal ‘‘(1) IN GENERAL.—An alien detained under only seek relief from detention under this order, including making timely application subsection (a) may seek release on bond. No subparagraph by filing an application for a in good faith for travel or other documents bond may be granted except to an alien who writ of habeas corpus in accordance with necessary to the alien’s departure; or establishes by clear and convincing evidence chapter 153 of title 28, United States Code. ‘‘(CC) conspired or acted to prevent re- that the alien is not a flight risk or a risk to No alien whose period of detention is ex- moval; another person or the community. tended under this subparagraph shall have ‘‘(II) until the alien is removed, if the Sec- ‘‘(2) CERTAIN ALIENS INELIGIBLE.—No alien the right to seek release on bond.’’; retary of Homeland Security certifies in detained under subsection (c) may seek re- (3) in paragraph (3)— writing— lease on bond.’’. (A) in the matter preceding subparagraph ‘‘(aa) in consultation with the Secretary of (A), by inserting ‘‘or is not detained pursu- Health and Human Services, that the alien SEC. l04. ALIENS ORDERED REMOVED. ant to paragraph (6)’’ after ‘‘the removal pe- has a highly contagious disease that poses a Section 241(a) of the Immigration and Na- riod’’; and threat to public safety; tionality Act (8 U.S.C. 1231(a)) is amended— (B) by amending subparagraph (D) to read ‘‘(bb) after receipt of a written rec- (1) by striking ‘‘Attorney General’’ each as follows: ommendation from the Secretary of State, place it appears, except for the first place it ‘‘(D) to obey reasonable restrictions on the that release of the alien is likely to have se- appears in paragraph (4)(B)(i), and inserting alien’s conduct or activities that the Sec- rious adverse foreign policy consequences for ‘‘Secretary of Homeland Security’’; retary prescribes for the alien— the United States; (2) in paragraph (1)— ‘‘(i) to prevent the alien from absconding; ‘‘(cc) based on information available to the (A) by amending subparagraphs (B) and (C) ‘‘(ii) for the protection of the community; Secretary of Homeland Security (including to read as follows: or classified, sensitive, or national security in- ‘‘(B) BEGINNING OF PERIOD.—The removal ‘‘(iii) for other purposes related to the en- formation, and without regard to the period begins on the latest of— forcement of Federal immigration laws.’’; grounds upon which the alien was ordered re- ‘‘(i) the date on which the order of removal (4) in paragraph (4)(A), by striking ‘‘para- moved), that there is reason to believe that becomes administratively final; graph (2)’’ and inserting ‘‘subparagraph (B)’’; the release of the alien would threaten the ‘‘(ii) the date on which the alien is taken and national security of the United States; or into such custody if the alien is not in the (5) by amending paragraph (6) to read as ‘‘(dd) that the release of the alien will custody of the Secretary on the date on follows: threaten the safety of the community or any which the order of removal becomes adminis- ‘‘(6) ADDITIONAL RULES FOR DETENTION OR person, conditions of release cannot reason- tratively final; and RELEASE OF CERTAIN ALIENS.— ably be expected to ensure the safety of the ‘‘(iii) the date on which the alien is taken ‘‘(A) DETENTION REVIEW PROCESS FOR COOP- community or of any person; and into the custody of the Secretary after the ERATIVE ALIENS ESTABLISHED.— ‘‘(AA) the alien has been convicted of 1 or alien is released from detention or confine- ‘‘(i) IN GENERAL.—The Secretary shall es- more aggravated felonies (as defined in sec- ment if the alien is detained or confined (ex- tablish an administrative review process to tion 101(a)(43)(A)) or of 1 or more crimes cept for an immigration process) on the date determine whether an alien who is not other- identified by the Secretary of Homeland Se- on which the order of removal becomes ad- wise subject to mandatory detention, who curity by regulation, or of 1 or more at- ministratively final. has made all reasonable efforts to comply tempts or conspiracies to commit any such ‘‘(C) SUSPENSION OF PERIOD.— with a removal order and to cooperate fully aggravated felonies or such identified ‘‘(i) EXTENSION.—The removal period shall with the Secretary of Homeland Security’s crimes, if the aggregate term of imprison- be extended beyond a period of 90 days and efforts to establish the alien’s identity and ment for such attempts or conspiracies is at the Secretary may, in the Secretary’s sole carry out the removal order, including mak- least 5 years; or discretion, keep the alien in detention dur- ing timely application in good faith for trav- ‘‘(BB) the alien has committed 1 or more ing such extended period, if— el or other documents necessary to the crimes of violence (as defined in section 16 of ‘‘(I) the alien fails or refuses to make all alien’s departure, and who has not conspired title 18, United States Code, but not includ- reasonable efforts to comply with the re- or acted to prevent removal should be de- ing a purely political offense) and, because of moval order, or to fully cooperate with the tained or released on conditions. a mental condition or personality disorder Secretary’s efforts to establish the alien’s ‘‘(ii) DETERMINATION.—The Secretary shall and behavior associated with that condition identity and carry out the removal order, in- make a determination whether to release an or disorder, the alien is likely to engage in cluding making timely application in good alien after the removal period in accordance acts of violence in the future; or faith for travel or other documents nec- with subparagraph (B), which— ‘‘(III) pending a certification under sub- essary to the alien’s departure or conspires ‘‘(I) shall include consideration of any evi- clause (II), if the Secretary of Homeland Se- or acts to prevent the alien’s removal that is dence submitted by the alien; and curity has initiated the administrative re- subject to an order of removal; ‘‘(II) may include consideration of any view process not later than 30 days after the ‘‘(II) a court, the Board of Immigration Ap- other evidence, including— expiration of the removal period (including peals, or an immigration judge orders a stay ‘‘(aa) any information or assistance pro- any extension of the removal period under of removal of an alien who is subject to an vided by the Secretary of State or other Fed- paragraph (1)(C)). administratively final order of removal; eral official; and ‘‘(iii) NO RIGHT TO BOND HEARING.—An alien ‘‘(III) the Secretary transfers custody of ‘‘(bb) any other information available to whose detention is extended under this sub- the alien pursuant to law to another Federal the Secretary of Homeland Security per- paragraph shall not have a right to seek re- agency or a State or local government agen- taining to the ability to remove the alien. lease on bond, including by reason of a cer- cy in connection with the official duties of ‘‘(B) AUTHORITY TO DETAIN BEYOND RE- tification under clause (ii)(II). such agency; or MOVAL PERIOD.— ‘‘(C) RENEWAL AND DELEGATION OF CERTIFI- ‘‘(IV) a court or the Board of Immigration ‘‘(i) IN GENERAL.—The Secretary of Home- CATION.— Appeals orders a remand to an immigration land Security may continue to detain an ‘‘(i) RENEWAL.—The Secretary of Homeland judge or the Board of Immigration Appeals, alien for 90 days beyond the removal period Security may renew a certification under during the time period when the case is (including any extension of the removal pe- subparagraph (B)(ii)(II) every 6 months after pending a decision on remand (with the re- riod under paragraph (1)(C)). An alien whose providing an opportunity for the alien to re- moval period beginning anew on the date detention is extended under this subpara- quest reconsideration of the certification that the alien is ordered removed on re- graph shall not have the right to seek re- and to submit documents or other evidence mand). lease on bond. in support of that request. If the Secretary ‘‘(ii) RENEWAL.—If the removal period has ‘‘(ii) SPECIFIC CIRCUMSTANCES.—The Sec- does not renew a certification, the Secretary been extended under clause (i), a new re- retary of Homeland Security may continue may not continue to detain the alien under moval period shall be deemed to have begun to detain an alien beyond the 90 days author- subparagraph (B)(ii)(II). on the date on which— ized under clause (i)— ‘‘(ii) DELEGATION.—Notwithstanding sec- ‘‘(I) the alien makes all reasonable efforts ‘‘(I) until the alien is removed, if the Sec- tion 103, the Secretary of Homeland Security to comply with the removal order, or to fully retary determines that there is a significant may not delegate the authority to make or cooperate with the Secretary’s efforts to es- likelihood that the alien— renew a certification described in item (bb),

VerDate Sep 11 2014 03:42 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A16JN6.047 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 16, 2016 CONGRESSIONAL RECORD — SENATE S4311 (cc), or (dd) of subparagraph (B)(ii)(II) below At the appropriate place, insert the fol- (1) in subparagraph (B), by striking ‘‘or’’ at the level of the Assistant Secretary for Im- lowing: the end; and migration and Customs Enforcement. SEC. ll. None of the funds made available (2) by adding at the end the following: ‘‘(iii) HEARING.—The Secretary of Home- by this Act may be used to relinquish the re- ‘‘(D) during and in relation to a felony land Security may request that the Attorney sponsibility of the National Telecommuni- under section 7206 or 7207 of the Internal General or the Attorney General’s designee cations and Information Administration Revenue Code of 1986; or provide for a hearing to make the determina- with respect to Internet domain name sys- ‘‘(E) during and in relation to a violation tion described in subparagraph tem functions, including responsibility with of section 286, 287, or 641;’’. (B)(ii)(II)(dd)(BB). respect to the authoritative root zone file (c) SENTENCING GUIDELINES ENHANCEMENTS ‘‘(D) RELEASE ON CONDITIONS.—If it is deter- and the Internet Assigned Numbers Author- FOR VULNERABLE VICTIMS.—Pursuant to its mined that an alien should be released from ity functions. authority under section 994 of title 28, detention by a Federal court, the Board of United States Code, and in accordance with Immigration Appeals, or if an immigration SA 4734. Mr. CRUZ (for himself, Mr. this subsection, the United States Sen- judge orders a stay of removal, the Secretary LEE, and Mr. LANKFORD) submitted an tencing Commission shall amend and review of Homeland Security may impose condi- amendment intended to be proposed to the Federal sentencing guidelines and policy tions on release as provided under paragraph amendment SA 4685 proposed by Mr. statements to ensure that the guidelines pro- (3). vide for a penalty enhancement of not less SHELBY (for himself and Ms. MIKULSKI) ‘‘(E) REDETENTION.— than 2 offense levels for a violation of sub- ‘‘(i) IN GENERAL.—The Secretary of Home- to the bill H.R. 2578, making appropria- section (a) of section 1028 of title 18, United land Security, without any limitations other tions for the Departments of Commerce States Code, if— than those specified in this section, may de- and Justice, Science, and Related (1) the offense is punishable under subpara- tain any alien subject to a final removal Agencies for the fiscal year ending Sep- graph (D) or (E) of subsection (b)(3) of that order who is released from custody if— tember 30, 2016, and for other purposes; section, as added by subsection (b) of this ‘‘(I) removal becomes likely in the reason- which was ordered to lie on the table; section; and ably foreseeable future; as follows: (2) the defendant victimized or targeted ‘‘(II) the alien fails to comply with the con- not less than 5 individuals who were— ditions of release or to continue to satisfy At the appropriate place, insert the fol- (A) deceased; the conditions described in subparagraph (A); lowing: (B) over the age of 55; or SEC. ll. None of the funds made available (C) citizens of territories or possessions of ‘‘(III) upon reconsideration, the Secretary by this Act may be used to relinquish the re- the United States; determines that the alien can be detained sponsibility of the National Telecommuni- (D) under the age of 14; under subparagraph (B). cations and Information Administration (E) not required to file a Federal income ‘‘(ii) APPLICABILITY.—This section shall with respect to Internet domain name sys- tax return due to not meeting income cri- apply to any alien returned to custody pur- tem functions, including responsibility with teria levels necessitating filing; or suant to this subparagraph as if the removal respect to the authoritative root zone file (F) active duty members of the Armed period terminated on the day of the redeten- and the Internet Assigned Numbers Author- Forces. ity functions unless Congress affirmatively tion. (d) STATE OF MIND PROOF REQUIREMENT FOR votes to authorize such relinquishment. ‘‘(F) REVIEW OF DETERMINATIONS BY SEC- IDENTITY THEFT.—Section 1028 of title 18, RETARY.—A determination by the Secretary United States Code, is amended by adding at under this paragraph shall not be subject to SA 4735. Mr. JOHNSON submitted an the end the following: review by any other agency.’’. amendment intended to be proposed by ‘‘(j) STATE OF MIND PROOF REQUIREMENT.— SEC. l05. SEVERABILITY. him to the bill H.R. 2578, making ap- In a prosecution under subsection (a)(7) or If any of the provisions of this title, any propriations for the Departments of section 1028A, the Government shall not be amendment made by this title, or the appli- Commerce and Justice, Science, and required to prove that the defendant knew cation of any such provision to any person or Related Agencies for the fiscal year the means of identification was of another circumstance, is held to be invalid for any ending September 30, 2016, and for person.’’. reason, the remainder of this title, the amendments made by this title, and the ap- other purposes; which was ordered to SA 4737. Mr. GRASSLEY (for himself plication of the provisions and amendments lie on the table; as follows: and Mr. WHITEHOUSE) submitted an made by this title to any other person or cir- At the appropriate place, insert the fol- amendment intended to be proposed to cumstance shall not be affected by such lowing: amendment SA 4685 proposed by Mr. holding. SEC. ll. None of the funds made available SHELBY (for himself and Ms. MIKULSKI) SEC. l06. EFFECTIVE DATES. by this Act for the establishment and man- (a) APPREHENSION AND DETENTION OF agement of national marine sanctuaries may to the bill H.R. 2578, making appropria- ALIENS.—The amendments made by section be used to prohibit commercial cargo vessel tions for the Departments of Commerce l03 shall take effect on the date of the en- operations within the boundaries of any na- and Justice, Science, and Related actment of this title. Section 236 of the Im- tional marine sanctuary that preserves ship- Agencies for the fiscal year ending Sep- migration and Nationality Act, as amended wrecks or maritime heritage in the Great tember 30, 2016, and for other purposes; by section l03, shall apply to any alien in Lakes, except that vessel anchoring outside which was ordered to lie on the table; detention under the provisions of such sec- of United States Coast Guard approved an- as follows: tion on or after such date of enactment. chorages may be restricted to preserve his- (b) ALIENS ORDERED REMOVED.—The torical underwater artifacts within such After section 217, insert the following: amendments made by section l04 shall take sanctuary. SEC. 218. (a) PENALTIES FOR MARITIME OF- effect on the date of the enactment of this FENSES.— title. Section 241 of the Immigration and Na- SA 4736. Mr. GRASSLEY submitted (1) PENALTIES FOR VIOLENCE AGAINST MARI- tionality Act, as amended by section l04, an amendment intended to be proposed TIME NAVIGATION.—Section 2280a(a)(1) of title shall apply to— 18, United States Code, is amended, in the (1) all aliens subject to a final administra- to amendment SA 4685 proposed by Mr. undesignated matter following subparagraph tive removal, deportation, or exclusion order SHELBY (for himself and Ms. MIKULSKI) (E), by inserting ‘‘punished by death or’’ be- that was issued before, on, or after the date to the bill H.R. 2578, making appropria- fore ‘‘imprisoned for any term’’. of the enactment of this title; and tions for the Departments of Commerce (2) PENALTIES FOR OFFENSES AGAINST MARI- (2) acts and conditions occurring or exist- and Justice, Science, and Related TIME FIXED PLATFORMS.—Section 2281a(a)(1) ing before, on, or after such date of enact- Agencies for the fiscal year ending Sep- of such title is amended, in the undesignated ment. tember 30, 2016, and for other purposes; matter following subparagraph (C), by in- which was ordered to lie on the table; serting ‘‘punished by death or’’ before ‘‘im- SA 4733. Mr. CRUZ (for himself, Mr. prisoned for any term’’. LEE, Mr. LANKFORD, and Mr. GRASSLEY) as follows: (b) PENALTIES FOR ACTS OF NUCLEAR TER- submitted an amendment intended to At the appropriate place, insert the fol- RORISM.—Section 2332i(c) of title 18, United be proposed to amendment SA 4685 pro- lowing: States Code, is amended to read as follows: posed by Mr. SHELBY (for himself and SEC. lll. TAX RETURN IDENTITY THEFT PRO- ‘‘(c) PENALTIES.—Any person who violates TECTION. Ms. MIKULSKI) to the bill H.R. 2578, this section shall be punished as provided making appropriations for the Depart- (a) SHORT TITLE.—This section may be under section 2332a(a).’’. cited as the ‘‘Tax Return Identity Theft Pro- (c) PROVIDING MATERIAL SUPPORT TO TER- ments of Commerce and Justice, tection Act of 2016’’. RORISTS PREDICATES.— Science, and Related Agencies for the (b) IDENTITY THEFT FOR PURPOSES OF TAX (1) MARITIME OFFENSES.—Section 2339A(a) fiscal year ending September 30, 2016, RETURN FRAUD AND OTHER FRAUD AGAINST of title 18, United States Code, is amended— and for other purposes; which was or- THE GOVERNMENT.—Section 1028(b)(3) of title (A) by inserting ‘‘2280a,’’ after ‘‘2280,’’; and dered to lie on the table; as follows: 18, United States Code, is amended— (B) by inserting ‘‘2281a,’’ after ‘‘2281,’’.

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(2) ACTS OF NUCLEAR TERRORISM.—Section ‘‘922A. Attorney general’s discretion to prohibit ‘‘(D) REMOVAL OF NAMES.—In conducting a 2339A(a) of such title, as amended by sub- transfer of a firearm and deny or re- review under subparagraph (B), if the For- section (a), is further amended by inserting voke a license or permit eign Intelligence Surveillance Court deter- ‘‘2332i,’’ after ‘‘2332f,’’. ‘‘(a) DEFINITIONS.—In this section— mines that a person should be removed from (d) WIRETAP AUTHORIZATION PREDICATES.— ‘‘(1) the term ‘Foreign Intelligence Surveil- the Terrorism Firearm Screening List be- (1) MARITIME OFFENSES.—Section 2516(1) of lance Court’ has the meaning given the term cause the person no longer satisfies the re- title 18, United States Code, is amended— in section 701 of the Foreign Intelligence quirements described in subsection (b)(3), the (A) in paragraph (p), by striking ‘‘or’’ at Surveillance Act of 1978 (50 U.S.C. 1881); Attorney General shall remove such person the end; and ‘‘(2) the term ‘material support or re- from the Terrorism Firearm Screening List. (B) in paragraph (q), by inserting ‘‘, section sources’ shall include all actions prohibited ‘‘(d) AUTHORITY TO PROHIBIT FIREARM 2280, 2280a, 2281, or 2281a (relating to mari- by section 2339A; TRANSFERS AND TO DENY OR REVOKE LICENSES time safety),’’ after ‘‘weapons)’’. ‘‘(3) the term ‘terrorism’ shall include AND PERMITS.—In accordance with sub- (2) ACTS OF NUCLEAR TERRORISM.—Section ‘international terrorism’ and ‘domestic ter- section (e), the Attorney General may pro- 2516(1)(q) of such title, as amended by sub- rorism’, as defined in section 2331; and hibit a person who is listed on the Terrorism section (a)(2), is further amended by insert- ‘‘(4) the term ‘Terrorism Firearm Screen- Firearm Screening List in accordance with ing ‘‘, 2332i,’’ after ‘‘2332h’’. ing List’ means the list developed by the At- subsections (b) and (c), or for whom there is torney General under subsection (b)(4). probable cause to believe the person is or has SA 4738. Mr. LANKFORD (for him- ‘‘(b) DEVELOPMENT OF TERRORISM FIREARM been engaged in conduct constituting, in SCREENING LIST.— self, Mr. CORNYN, Mr. LEE, Mr. HATCH, preparation for, in aid of, or in support of ‘‘(1) IN GENERAL.—The Attorney General Mr. CRUZ, Mr. INHOFE, and Mr. JOHN- terrorism, or providing material support or may develop a list of persons for whom the resources for terrorism, and there is reason SON) submitted an amendment in- Attorney General determines, for each per- tended to be proposed to amendment to believe the person may use a firearm in son, that— connection with terrorism, from— SA 4685 proposed by Mr. SHELBY (for ‘‘(A) there is probable cause to believe the ‘‘(1) participating in the transfer of a fire- himself and Ms. MIKULSKI) to the bill person is or has been engaged in conduct arm under section 922; H.R. 2578, making appropriations for constituting, in preparation for, in aid of, or ‘‘(2) receiving or maintaining a firearms li- the Departments of Commerce and Jus- in support of terrorism, or providing mate- cense under section 923; and tice, Science, and Related Agencies for rial support or resources for terrorism; and ‘‘(3) receiving or maintaining a license or ‘‘(B) there is reason to believe the person permit for explosive materials under section the fiscal year ending September 30, may use a firearm in connection with ter- 2016, and for other purposes; which was 843. rorism. ‘‘(e) PROCEDURE FOR PROHIBITING FIREARM ordered to lie on the table; as follows: ‘‘(2) REQUIREMENT.—The Attorney General TRANSFER OR DENYING OR REVOKING A LI- At the end of title V, add the following: shall submit to the Foreign Intelligence Sur- CENSE OR PERMIT.— SEC. 539. None of the funds made available veillance Court— ‘‘(1) PROCEDURE WITH REGARD TO PERSONS by this Act may be used to enter into a civil ‘‘(A) the list of persons developed under INCLUDED ON THE TERRORISM FIREARM SCREEN- settlement agreement on behalf of the paragraph (1); and ING LIST.—If the Attorney General prohibits United States that includes a term requiring ‘‘(B) the information and documents, in the transfer of a firearm or denies or revokes that any donation be made to any nonparty unredacted form, supporting the Attorney a license or permit for firearms or explosive by any party-defendant to such agreement. General’s determinations as to which per- materials under subsection (d) for a person sons are included on the list. who is listed on the Terrorism Firearm SA 4739. Mr. LANKFORD submitted ‘‘(3) DETERMINATION.—Using the list, infor- Screening List— an amendment intended to be proposed mation, and documents submitted under ‘‘(A) the Attorney General shall— to amendment SA 4685 proposed by Mr. paragraph (2), the Foreign Intelligence Sur- ‘‘(i) not later than 7 days after the prohibi- veillance Court shall determine, for each SHELBY (for himself and Ms. MIKULSKI) tion, denial, or revocation, file a petition to person on the list, whether— to the bill H.R. 2578, making appropria- sustain the prohibition, denial, or revocation ‘‘(A) there is probable cause to believe the in the district court of the United States for tions for the Departments of Commerce person is or has been engaged in conduct the district in which— and Justice, Science, and Related constituting, in preparation for, in aid of, or ‘‘(I) the firearm transfer was attempted; Agencies for the fiscal year ending Sep- in support of terrorism, or providing mate- ‘‘(II) the licensee or permit holder is lo- tember 30, 2016, and for other purposes; rial support or resources for terrorism; and cated; or which was ordered to lie on the table; ‘‘(B) there is reason to believe the person ‘‘(III) the applicant for a license or permit as follows: may use a firearm in connection with ter- is located; rorism. ‘‘(ii) submit to the district court of the On page 90, line 18, strike ‘‘fiscal year’’ and ‘‘(4) CONSOLIDATED LIST.—The Attorney United States in which the petition de- all that follows through ‘‘Provided, That’’ on General shall establish a list of persons scribed in clause (i) is filed, the evidence the line 20 and insert ‘‘fiscal year shall remain in whom the Foreign Intelligence Surveillance Attorney General relied upon in determining the Fund and be available for obligation and Court determines meet the criteria described that the person should be added to Terrorism expenditure for grants under such Act with- in paragraph (3), to be known as the ‘Ter- Firearm Screening List and any exculpatory out fiscal year limitation: Provided, That, for rorism Firearm Screening List’. evidence that the Attorney General pos- fiscal year 2017, and each fiscal year there- ‘‘(c) PERIODIC UPDATING AND REVIEW OF sesses or has access to; after, the greater of $2,957,000,000 or the 3- TERRORISM FIREARM SCREENING LIST.— ‘‘(B) the person to whom the prohibition, year average of deposits into the Fund, shall ‘‘(1) UPDATES TO THE LIST.—The Attorney denial, or revocation applies, shall be enti- be available for obligation during such fiscal General may, after the development of the tled to— year: Provided further, That’’. Terrorism Firearm Screening List, add addi- ‘‘(i) a hearing at which the person may be tional persons to the Terrorism Firearm represented by counsel and a final judgment SA 4740. Mr. TOOMEY submitted an Screening List by following the procedures by the district court of the United States not amendment intended to be proposed by set forth in subsection (b) for each person to later than 60 days after the date on which him to the bill H.R. 2578, making ap- be added. the attempted transfer of a firearm occurred propriations for the Departments of ‘‘(2) PERIODIC JUDICIAL REVIEW.— or the Attorney General denied or revoked a Commerce and Justice, Science, and ‘‘(A) IN GENERAL.—Not later than 1 year license or permit for firearms or explosive Related Agencies for the fiscal year after the date of enactment of this section, materials; and ending September 30, 2016, and for and once every year thereafter, the Attorney ‘‘(ii) in the case of an appeal of the decision General shall submit to the Foreign Intel- other purposes; which was ordered to of the district court of the United States, a ligence Surveillance Court the Terrorism decision by the reviewing court not later lie on the table; as follows: Firearm Screening List. than 90 days after the date on which the dis- At the appropriate place, insert the fol- ‘‘(B) REVIEW.—The Foreign Intelligence trict court of the United States issues the lowing: Surveillance Court shall review the Ter- decision; and SEC. ll. FIGHTING TERRORISM AND UPHOLD- rorism Firearm Screening List submitted ‘‘(C) the district court of the United States ING DUE PROCESS. under subparagraph (A) to determine wheth- in which the petition described in clause (i) (a) SHORT TITLE.—This section may be er any person on the list should be removed is filed— cited as the ‘‘Fighting Terrorism and Up- by reason of no longer satisfying the require- ‘‘(i) shall allow the Attorney General, for holding Due Process Act’’. ments described in subsection (b)(3). information the United States has deter- (b) PREVENTING THE TRANSFER OF A FIRE- ‘‘(C) PRODUCTION OF INFORMATION.—Upon mined would likely compromise national se- ARM AND THE ISSUANCE OR MAINTENANCE OF A request of the Foreign Intelligence Surveil- curity, to submit summaries and redacted FIREARMS OR EXPLOSIVES LICENSE OR PERMIT lance Court, the Attorney General shall pro- versions of documents; TO DANGEROUS TERRORISTS.—Chapter 44 of vide to the Court any information the Court ‘‘(ii) shall review any summaries and re- title 18, United States Code, is amended by determines necessary to conduct the review dacted versions of documents to ensure that inserting after section 922 the following: required under subparagraph (B). the person to whom the prohibition, denial,

VerDate Sep 11 2014 03:42 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A16JN6.048 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 16, 2016 CONGRESSIONAL RECORD — SENATE S4313 or revocation applies is receiving fair and ac- period described in section 922(t)(1)(B)(ii), in a proceeding under clause (i), including on curate representations of the underlying in- the firearm transfer may proceed or the rev- appeal, the person shall be entitled to all formation and documents; ocation of the license or permit shall be can- costs, including reasonable attorney’s fees, ‘‘(iii) shall ensure that any summaries and celled. and the Attorney General shall immediately redacted versions of documents accepted ‘‘(B) ADVERSARIAL COURT PROCEEDING TO remove the individual from the Terrorism into evidence are fair and accurate represen- OBTAIN A FINAL ORDER PROHIBITING TRANSFER Firearm Screening List. tations of the underlying information and OF A FIREARM OR REVOKING A LICENSE OR PER- ‘‘(iv) ADDITION TO TERRORISM FIREARM documents; MIT.— SCREENING LIST.—If the Attorney General ‘‘(iv) shall provide copies of any summaries ‘‘(i) IN GENERAL.—If the Attorney General prevails in a proceeding under clause (i), in- and redacted versions of documents to the wishes to extend an order that is issued cluding on appeal, the Attorney General may person to whom the prohibition, denial, or under subparagraph (A)(ii)(II)— add the person to the Terrorism Firearm revocation applies; and ‘‘(I) the Attorney General shall— Screening List.’’. ‘‘(v) shall not consider the full, undisclosed ‘‘(aa) within 7 days after the order was (c) TRANSPARENCY.—Not later than 60 days information or documents in deciding wheth- granted under subparagraph (A)(ii)(II), file a after the date of the enactment of this Act, er to sustain the Attorney General’s decision petition for a final order prohibiting the and quarterly thereafter, the Attorney Gen- to include the person on the Terrorism Fire- transfer of a firearm or sustaining the rev- eral shall submit to the Committee on the arm Screening List; and ocation of a license or permit, with such pe- Judiciary and the Select Committee on In- ‘‘(vi) shall issue an order that the Attorney tition being filed in the district court of the telligence of the Senate and the Committee General’s action prohibiting the transfer of a United States in which the firearm transfer on the Judiciary and the Permanent Select firearm or denying or revoking a license or was attempted or the licensee or permit Committee on Intelligence of the House of permit for a firearm or explosive material holder is located; Representatives a report providing the fol- was not authorized unless the Attorney Gen- ‘‘(bb) submit to the district court of the lowing information: eral demonstrates— United States in which the petition de- (1) The number of persons added to the ‘‘(I) there is probable cause to believe the scribed in item (aa) is filed, the evidence sup- Terrorism Firearm Screening List estab- person is or has been engaged in conduct porting the Attorney General’s petition and lished under section 922A of title 18, United constituting, in preparation for, in aid of, or any exculpatory evidence that the Attorney States Code, as added by this Act, during the in support of terrorism, or providing mate- General possesses or has access to; reporting period. rial support or resources for terrorism; and ‘‘(II) the person whose attempted firearm (2) The number of persons whose names the ‘‘(II) there is reason to believe the person transfer was blocked shall be entitled to— Attorney General submitted to the Foreign may use a firearm in connection with ter- ‘‘(aa) a hearing at which the person may be Intelligence Surveillance Court pursuant to rorism. represented by counsel and a final judgment section 922A(b)(2) of title 18, United States ‘‘(D) RELIEF.—If a person who was subject by the district court of the United States not Code, as added by this Act, during the re- to a prohibition, denial, or revocation de- later than 60 days after the date on which porting period. scribed in this paragraph prevails in a pro- the attempted transfer of a firearm occurred (3) The number of persons described in ceeding under this paragraph, including on or Attorney General revoked a license or paragraph (2) whom the Foreign Intelligence appeal, the person shall be entitled to all permit for firearms or explosive materials; Surveillance Court determined, pursuant to costs, including reasonable attorney’s fees, and section 922A(b)(2) of title 18, United States and the Attorney General shall immediately ‘‘(bb) in the case of an appeal of the deci- Code, as added by this Act, that there was remove the individual from the Terrorism sion of the district court of the United not— Firearm Screening List. States, a decision by the reviewing court not (A) probable cause to believe the person is ‘‘(2) PROCEDURE WITH REGARD TO PERSONS later than 90 days after the date on which or has been engaged in conduct constituting, NOT ON THE TERRORISM FIREARM SCREENING the district court of the United States issues in preparation for, in aid of, or in support of LIST.—If the Attorney General prohibits the the decision; and terrorism, or providing material support or transfer of a firearm or revocation of a li- ‘‘(III) the district court of the United resources for terrorism; or cense or permit for firearms or explosive ma- States in which the petition described in (B) reason to believe the person may use a terials under subsection (d) for a person who subclause (I) was filed— firearm in connection with terrorism. is not listed on the Terrorism Firearm ‘‘(aa) shall allow the Attorney General, for (d) TECHNICAL AND CONFORMING AMEND- Screening List, the following procedures information the United States has deter- MENTS.— shall apply: mined would likely compromise national se- (1) TABLE OF SECTIONS.—The table of sec- ‘‘(A) TEMPORARY EX PARTE ORDER PROHIB- curity, to submit summaries and redacted tions for chapter 44 of title 18, United States ITING TRANSFER OR SUSTAINING REVOCATION.— versions of documents Code, is amended by inserting after the item ‘‘(i) IN GENERAL.—The Attorney General— ‘‘(bb) shall review any summaries and re- relating to section 922 the following: ‘‘(I) may deny the firearm transfer or re- dacted versions of documents to ensure that ‘‘922A. Attorney general’s discretion to pro- voke the license or permit for the period de- the person to whom the prohibition or rev- hibit transfer of a firearm and scribed in section 922(t)(1)(B)(ii); ocation applies is receiving fair and accurate deny or revoke a license or per- ‘‘(II) shall file an emergency petition to representations of the underlying informa- mit.’’. temporarily prohibit the attempted transfer tion and documents; (2) TECHNICAL AMENDMENTS.—Section 922(t) or sustain the revocation of a license or per- ‘‘(cc) shall ensure that any summaries and of title 18, United States Code, is amended— mit for 7 additional days, with such petition redacted versions of documents accepted (A) in paragraph (1)(B), by striking clause being filed with the Foreign Intelligence into evidence are fair and accurate represen- (ii) and inserting the following: Surveillance Court or a Federal district tations of the underlying information and ‘‘(ii) 3 business days (meaning a day on court (provided that if the Attorney General documents; which State offices are open) have elapsed ‘‘(dd) shall provide copies of any sum- files with a Federal district court, the Attor- since the licensee contacted the system; and ney General can and will comply with all the maries and redacted versions of documents ‘‘(iii) the system has not notified the li- requirements of this paragraph, including to the person to whom the prohibition or censee that— the requirement to submit to the court the revocation applies; and ‘‘(I) the receipt of a firearm by such other information and documents, in unredacted ‘‘(ee) shall not consider the full, undis- person would violate subsection (g) or (n) of form, that support the Attorney General’s closed information or documents in deciding this section or State law; or petition); whether to sustain the Attorney General’s ‘‘(II) that the transfer has been prohibited ‘‘(III) as part of the petition described in prohibition or revocation; and pursuant to section 922A of this title;’’; subclause (II), shall submit to the court the ‘‘(ff) shall issue an order rejecting the At- (B) in paragraph (2), in the matter pre- information and documents, in unredacted torney General’s petition unless the Attor- ceding subparagraph (A), by inserting ‘‘, and form, that support the Attorney General’s ney General demonstrates there is probable the transfer has not been prohibited pursu- petition. cause to believe the person is or has been en- ant to section 922A of this title’’ after ‘‘or ‘‘(ii) COURT REQUIREMENTS.—The court gaged in conduct constituting, in prepara- State law’’; shall deny an emergency petition filed by the tion for, in aid of, or in support of terrorism, (C) in paragraph (3)— Attorney General under clause (i) unless the or providing material support or resources (i) in subparagraph (A)(i)— Attorney General demonstrates— for terrorism, and there is reason to believe (I) in subclause (I), by striking ‘‘and’’ at ‘‘(I) there is probable cause to believe the such person may use a firearm in connection the end; and person is or has been engaged in conduct with terrorism. (II) by adding at the end the following: constituting, in preparation for, in aid of, or ‘‘(ii) EFFECT.—The temporary, ex parte ‘‘(III) was issued after a check of the sys- in support of terrorism, or providing mate- order issued under paragraph (A) shall re- tem established pursuant to paragraph (1);’’; rial support or resources for terrorism; and main in effect until the proceeding under and ‘‘(II) there is reason to believe such person this paragraph is resolved. (ii) in subparagraph (C)— may use a firearm in connection with ter- ‘‘(iii) RELIEF.—If a person who was prohib- (I) in clause (ii), by striking ‘‘and’’ at the rorism. ited from participating in the transfer of a end; ‘‘(iii) TRANSFER ALLOWED.—If an order is firearm or had a license or permit for fire- (II) in clause (iii), by striking the period not issued under this paragraph within the arms or explosive materials revoked prevails and inserting ‘‘; and’’; and

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Mr. HELLER submitted an ‘‘(iv) the State issuing the permit agrees to Code, the system shall state only that the amendment intended to be proposed to deny the permit application if the applicant individual is barred by section 922A of title amendment SA 4685 proposed by Mr. is included on the Terrorism Firearm 18, United States Code.’’; and SHELBY (for himself and Ms. MIKULSKI) Screening List established by section 922A of (B) in subsection (g), in the first sentence, this title or to revoke the permit if a court by inserting ‘‘or that the individual is pro- to the bill H.R. 2578, making appropria- order is entered pursuant to section 922A(e) hibited from engaging in a firearm transfer tions for the Departments of Commerce of this title.’’; pursuant to section 922A of title 18, United and Justice, Science, and Related (D) in paragraph (4), by inserting ‘‘, or that States Code,’’ after ‘‘or State law,’’. Agencies for the fiscal year ending Sep- the person is prohibited from participating (8) UNLAWFUL DISTRIBUTION OF EXPLOSIVES tember 30, 2016, and for other purposes; in a firearm transfer pursuant to section BASED UPON ATTORNEY GENERAL DISCRE- which was ordered to lie on the table; 922A of this title’’ after ‘‘or State law’’; and TIONARY DENIAL.—Section 842(d) of title 18, as follows: (E) in paragraph (5), by inserting ‘‘, or that United States Code, is amended— the person is prohibited from participating (A) in paragraph (9), by striking the period At the appropriate place, insert the fol- in a firearm transfer pursuant to section and inserting ‘‘; or’’; and lowing: 922A of this title’’ after ‘‘or State law’’. (B) by adding at the end the following: SEC. ll. None of the funds made available in this Act may be used by an agency of the (3) UNLAWFUL SALE OR DISPOSITION OF FIRE- ‘‘(10) who has received actual notice of an Government of the United States to estab- ARM BASED UPON ATTORNEY GENERAL DISCRE- order entered by a court pursuant to section lish or implement a policy that discourages TIONARY DENIAL.—Section 922(d) of title 18, 922A(e) of this title.’’. United States Code, is amended— (9) ATTORNEY GENERAL DISCRETIONARY DE- or prohibits the selection of a location for (A) in paragraph (8), by striking ‘‘or’’ at NIAL AS PROHIBITOR.—Section 842(i) of title travel, an event, a meeting, or a conference the end; 18, United States Code, is amended— because the location is perceived to be a re- (B) in paragraph (9), by striking the period (A) in paragraph (7), by inserting ‘‘; or’’ at sort or vacation destination. at the end and inserting ‘‘; or’’; and the end; and (C) by adding at the end the following: (B) by inserting after paragraph (7) the fol- SA 4742. Mr. CORNYN submitted an ‘‘(10) is prohibited from participating in a lowing: amendment intended to be proposed to firearm transfer pursuant to section 922A of ‘‘(8) who has received actual notice of an amendment SA 4685 proposed by Mr. this title.’’. order entered by a court pursuant to section SHELBY (for himself and Ms. MIKULSKI) (4) ATTORNEY GENERAL DISCRETIONARY DE- 922A(e) of this title,’’. to the bill H.R. 2578, making appropria- NIAL AS PROHIBITOR.—Section 922(g) of title (10) ATTORNEY GENERAL DISCRETIONARY DE- tions for the Departments of Commerce 18, United States Code, is amended— NIAL OF FEDERAL EXPLOSIVES LICENSES AND and Justice, Science, and Related PERMITS.—Section 843(b) of title 18, United (A) in paragraph (8), by striking ‘‘or’’ at Agencies for the fiscal year ending Sep- the end; States Code, is amended— (B) in paragraph (9), by striking the (A) in paragraph (6) by striking ‘‘and’’; tember 30, 2016, and for other purposes; comma at the end and inserting ‘‘; or’’; and (B) in paragraph (7) by striking ‘‘valid.’’ which was ordered to lie on the table; (C) by inserting after paragraph (9) the fol- And inserting ‘‘valid; and’’ as follows: lowing: (C) by adding at the end the following: At the appropriate place in title V, insert ‘‘(10) who has received actual notice of an ‘‘(8) the applicant is not disqualified pursu- the following: order entered by a court pursuant to section ant to section 922A of this title.’’. SEC. 5ll. Hereafter, the Attorney General 922A(e) of this title,’’. (11) ATTORNEY GENERAL DISCRETIONARY shall establish a process by which— (5) ATTORNEY GENERAL DISCRETIONARY DE- REVOCATION OF FEDERAL EXPLOSIVES LICENSES (1) the Attorney General and Federal, NIAL OF FEDERAL FIREARMS LICENSES.—Sec- AND PERMITS.—Section 843(d) of title 18, State, and local law enforcement are imme- tion 923(d) of title 18, United States Code, is United States Code, is amended by inserting diately notified, as appropriate, of any re- amended in paragraph (1)— after ‘‘is included on the Terrorism Firearm quest to transfer a firearm or explosive to a (A) in subparagraph (F), by striking ‘‘and’’ Screening List established by section 922A of person who is, or within the previous 5 years at the end of clause (iii); this title or subject to an order entered by a was, investigated as a known or suspected (B) in subparagraph (G), by striking ‘‘de- district court of the United States pursuant terrorist; vice).’’ and inserting ‘‘device); and’’; and to section 922A(e) of this title,’’ after ‘‘this (2) the Attorney General may delay the (C) by adding at the end the following: chapter,’’. transfer of the firearm or explosive for a pe- ‘‘(H) the applicant is not on the Terrorism (12) ATTORNEY GENERAL’S ABILITY TO WITH- riod not to exceed 3 business days and file an Firearm Screening List established by sec- HOLD INFORMATION IN EXPLOSIVES LICENSE AND emergency petition in a court of competent tion 922A of this title or subject to an order PERMIT DENIAL AND REVOCATION SUITS.—Sec- jurisdiction to prevent the transfer of the entered by a court pursuant to section tion 843(e) of title 18, United States Code, is firearm or explosive, and such emergency pe- 922A(e) of this title.’’. amended in paragraph (1), by inserting after tition and subsequent hearing shall receive (6) DISCRETIONARY REVOCATION OF FEDERAL the first sentence the following: ‘‘However, if the highest possible priority on the docket of FIREARMS LICENSES.—Section 923(e) of title the denial or revocation is based upon the the court of competent jurisdiction and be 18, United States Code, is amended— person being disqualified pursuant to section subject to the Classified Information Proce- (A) by inserting ‘‘(1)’’ after ‘‘(e)’’; 922A of this title any information which the dures Act (18 U.S.C. App.); (B) by striking ‘‘revoke any license’’ and Attorney General relied on for adding the (3) the transferee receives actual notice of inserting: ‘‘revoke— person to the Terrorism Firearm Screening the hearing and is provided with an oppor- ‘‘(A) any license;’’; List established by section 922A of this title tunity to participate with counsel and the (C) by striking ‘‘. The Attorney General or obtaining a court order under section emergency petition shall be granted if the may, after notice and opportunity for hear- 922A(e) of this title, this determination may court finds that there is probable cause to ing, revoke the license’’ and inserting the be withheld from the petitioner if the Attor- believe that the transferee has committed, following: ney General determines that disclosure of conspired to commit, attempted to commit, ‘‘(B) the license; and’’; the information would likely compromise or will commit an act of terrorism, and if the (D) by striking ‘‘. The Secretary’s action’’ national security.’’. petition is denied, the Government shall be and inserting: ‘‘; or (13) ABILITY TO WITHHOLD INFORMATION IN responsible for all reasonable costs and at- ‘‘(C) any license issued under this section if COMMUNICATIONS TO EMPLOYERS.—Section torneys’ fees; the Attorney General determines that the 843(h)(2) of title 18, United States Code, is (4) the Attorney General may arrest and holder of such license (including any respon- amended— detain the transferee for whom an emer- sible person) is on the Terrorism Firearm (A) in subparagraph (A), by inserting ‘‘or gency petition has been filed where probable Screening List established by section 922A of in subsection (j) of this section (on grounds cause exists to believe that the individual this title. of terrorism)’’ after ‘‘section 842(i)’’; and has committed, conspired to commit, or at- ‘‘(2) The Attorney General’s action’’. (B) in subparagraph (B)— tempted to commit an act of terrorism; and (7) PROVISION OF GROUNDS UNDERLYING IN- (i) in the matter preceding clause (i), by in- (5) the Director of the Federal Bureau of ELIGIBILITY DETERMINATION BY THE NATIONAL serting ‘‘or in subsection (j) of this section,’’ Investigation annually reviews and certifies INSTANT CRIMINAL BACKGROUND CHECK SYS- after ‘‘section 842(i),’’; and the identities of known or suspected terror- TEM.—Section 103 of the Brady Handgun Vio- (ii) in clause (ii), by inserting ‘‘, except ists under this section and the appropriate- lence Prevention Act (18 U.S.C. 922 note) is that any information that the Attorney Gen- ness of such designation. amended— eral relied on for adding the person to the (A) in subsection (f), by striking ‘‘date of Terrorism Firearm Screening List estab- SA 4743. Mr. HATCH submitted an the request’’ and inserting ‘‘date of the re- lished by section 922A of this title or obtain- amendment intended to be proposed to quest, provided that if the individual is ineli- ing a court order under section 922A(e) of gible by virtue of being included on the Ter- this title may be withheld if the Attorney amendment SA 4685 proposed by Mr. rorism Firearm Screening List established General concludes that disclosure of the in- SHELBY (for himself and Ms. MIKULSKI) under section 922A of title 18, United States formation would likely compromise national to the bill H.R. 2578, making appropria- Code or being subject to a court order under security’’ after ‘‘determination’’. tions for the Departments of Commerce

VerDate Sep 11 2014 03:42 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A16JN6.057 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 16, 2016 CONGRESSIONAL RECORD — SENATE S4315 and Justice, Science, and Related tember 30, 2016, and for other purposes; agencies with an efficient process to obtain Agencies for the fiscal year ending Sep- which was ordered to lie on the table; information while— tember 30, 2016, and for other purposes; as follows: (i) protecting the privacy of all individ- uals; and which was ordered to lie on the table; At the appropriate place, insert the fol- (ii) respecting the laws of other countries; lowing: as follows: and SEC. . (a) It is the sense of Congress At the appropriate place, insert the fol- lll that when a statute or regulation defining a (C) strengthen the Mutual Legal Assist- lowing: criminal offense fails to specify the state of ance Treaty process by providing greater ef- SEC. lll. Pretrial services programs re- mind required for conviction, a court should ficiency, accessibility, transparency, and ac- ceiving funds through the Edward Byrne Me- read a default standard of willfulness into countability. morial Justice Assistance Grant program the statute or regulation unless it is clear under subpart 1 of part E of title I of the Om- from the text of the statute or regulation SA 4748. Mr. HATCH submitted an nibus Crime Control and Safe Streets Act of that Congress or the agency affirmatively in- amendment intended to be proposed to 1968 (42 U.S.C. 3750 et seq.) or any other De- tended not to require the Government to amendment SA 4685 proposed by Mr. partment of Justice grant program shall re- prove any state of mind. SHELBY (for himself and Ms. MIKULSKI) port annually— (b) In this section, the term ‘‘willfulness’’ (1) the names of all persons participating to the bill H.R. 2578, making appropria- means acting with knowledge that one’s con- tions for the Departments of Commerce in pretrial release programs administered by duct is unlawful. the pretrial services program; and Justice, Science, and Related (2) whether those persons appeared for trial SA 4747. Mr. HATCH submitted an Agencies for the fiscal year ending Sep- and other post-release court dates; amendment intended to be proposed to tember 30, 2016, and for other purposes; (3) any previous arrests of program partici- amendment SA 4685 proposed by Mr. which was ordered to lie on the table; pants; and as follows: (4) any previous failures by program par- SHELBY (for himself and Ms. MIKULSKI) ticipants to appear for trial or other post-re- to the bill H.R. 2578, making appropria- At the appropriate place, insert the fol- lease court dates. tions for the Departments of Commerce lowing: and Justice, Science, and Related SEC. ll. SENSE OF CONGRESS WITH RESPECT SA 4744. Mr. HATCH submitted an Agencies for the fiscal year ending Sep- TO WILLFUL INFRINGEMENT IN PAT- ENT CASES. amendment intended to be proposed to tember 30, 2016, and for other purposes; amendment SA 4685 proposed by Mr. (a) FINDINGS.—Congress finds the fol- which was ordered to lie on the table; lowing: SHELBY (for himself and Ms. MIKULSKI) as follows: (1) On June 13, 2016, the Supreme Court of to the bill H.R. 2578, making appropria- At the appropriate place, insert the fol- the United States held in Halo Electronics, tions for the Departments of Commerce lowing: Inc. v. Pulse Electronics, Inc. (in this section and Justice, Science, and Related SEC. ll. SENSE OF CONGRESS WITH RESPECT referred to as ‘‘Halo’’), that the 2-part test Agencies for the fiscal year ending Sep- TO INTERNATIONAL DATA PRIVACY. for awarding enhanced damages under sec- tember 30, 2016, and for other purposes; (a) FINDINGS.—Congress finds the fol- tion 284 of title 35, United States Code, as ar- lowing: ticulated in In re Seagate Technology, LLC, which was ordered to lie on the table; (1) When the Electronic Communications as follows: 497 F.3d 1360 (Fed. Cir. 2007) (en banc) (in this Privacy Act (Public Law 99–508; 100 Stat. section referred to as ‘‘Seagate’’), was incon- At the appropriate place in title V, insert 1848) (in this section referred to as ‘‘ECPA’’) sistent with the intent of that section. the following: was enacted in 1986, no one could have envi- (2) In 2011, when Congress enacted Public SEC. 5ll. (a) None of the funds appro- sioned the globalization of the Internet and Law 112–29, the standard articulated by the priated or otherwise made available under electronic communications. Federal Circuit for willful infringement this Act may be used by the Commissioner of (2) Today, multinational companies serve under Seagate was the established judicial the Social Security Administration to make, their customers around the world by storing interpretation of section 284 of title 35, or to report to the National Instant Criminal and transferring data through a complex net- United States Code, with respect to awarding Background Check System, a determination work of global data centers. enhanced damages in a patent case. The leg- that an individual has been adjudicated as a (3) Because ECPA never contemplated the islative history of section 284 after Seagate mental defective for purposes of subsections global networks that technology companies was decided shows that Congress was well (d)(4) and (g)(4) of section 922 of title 18, operate today, ECPA presents unique chal- aware of the Seagate standard and explored United States Code. lenges for a number of industries that in- the impact of Seagate on the issue of en- (b) None of the funds appropriated or oth- creasingly face a conflict between Federal hanced damages. erwise made available under this Act may be law in the United States and the laws of (3) Ultimately, Congress did not sub- used by the National Instant Criminal Back- other countries. For example, when a tech- stantively amend section 284 of title 35, ground Check System to receive information nology company receives a demand from a United States Code, knowing that no action from the Commissioner of the Social Secu- Federal law enforcement agency to turn over from Congress would be required to ensure rity Administration regarding a determina- data on behalf of foreign customers, that that the standard established in Seagate tion described in subsection (a). company is forced to make a difficult deci- would remain in place and continue to gov- sion: either comply with the demand and sat- ern the enhancement analysis under that SA 4745. Mr. HATCH submitted an isfy Federal law or risk violating the privacy section. amendment intended to be proposed by laws of the host country. The same is true in (b) SENSE OF CONGRESS.—It is the sense of him to the bill H.R. 2578, making ap- reverse because when foreign governments Congress that— propriations for the Departments of compel global providers to disclose informa- (1) the Seagate standard has governed and Commerce and Justice, Science, and tion, even information about the citizens of continues to govern the enhanced damages Related Agencies for the fiscal year those governments, Federal law in the analysis under section 284 of title 35, United United States sometimes prohibits the pro- ending September 30, 2016, and for States Code; and viders from complying. (2) this intent of Congress should be con- other purposes; which was ordered to (4) Modernizing ECPA to better reflect the sidered in any decisions interpreting that lie on the table; as follows: truly global nature of global technology section. At the appropriate place, insert the fol- will— lowing: (A) better serve the interests of law en- SA 4749. Mr. MCCONNELL (for Mr. SEC. lll. No funds made available by forcement, both in the United States and CORNYN) proposed an amendment to this Act may be used to prosecute crimes abroad; amendment SA 4720 proposed by Mrs. that do not require any proof of criminal in- (B) protect individual privacy; and FEINSTEIN (for herself, Mr. LEAHY, Mr. tent unless it is clear from the text of the (C) promote innovation and the free flow of statute or regulation defining the crime that information. NELSON, Mr. REID, Mr. DURBIN, Mr. proof of criminal intent is not required. (b) SENSE OF CONGRESS.—It is the sense of SCHUMER, Ms. MIKULSKI, Mrs. BOXER, Congress that the Federal Government— Mr. UDALL, Mr. CARPER, Mr. MARKEY, SA 4746. Mr. HATCH submitted an (1) must safeguard data throughout the Mr. MENENDEZ, Mr. COONS, Mr. amendment intended to be proposed to world from unauthorized access by law en- BLUMENTHAL, Mrs. MURRAY, Mr. amendment SA 4685 proposed by Mr. forcement agencies; and BROWN, Mr. SCHATZ, Ms. KLOBUCHAR, (2) should— SHELBY (for himself and Ms. MIKULSKI) Mr. MURPHY, Mrs. MCCASKILL, Mr. (A) require law enforcement agencies in to the bill H.R. 2578, making appropria- the United States to obtain a warrant for all HEINRICH, Mr. FRANKEN, Mr. BOOKER, tions for the Departments of Commerce electronic content; and Mr. KAINE) to the amendment SA and Justice, Science, and Related (B) create a clear international legal 4685 proposed by Mr. SHELBY (for him- Agencies for the fiscal year ending Sep- framework that provides law enforcement self and Ms. MIKULSKI) to the bill H.R.

VerDate Sep 11 2014 03:42 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A16JN6.046 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4316 CONGRESSIONAL RECORD — SENATE June 16, 2016 2578, making appropriations for the De- available to the National Instant Criminal or agency that have been provided to the At- partments of Commerce and Justice, Background Check System established under torney General.’’. Science, and Related Agencies for the section 103 of the Brady Handgun Violence SEC. 613. ADJUDICATED AS A MENTAL DEFEC- fiscal year ending September 30, 2016, Prevention Act, during a 4-year period speci- TIVE. fied in the plan. (a) IN GENERAL.—Section 921(a) of title 18, and for other purposes; as follows: ‘‘(2) BENCHMARK REQUIREMENTS.—Each such United States Code, is amended by adding at At the end add the following: plan shall include annual benchmarks, in- the end the following: SEC. 5ll. Hereafter, the Attorney General cluding qualitative goals and quantitative ‘‘(36) The term ‘adjudicated as a mental de- shall establish a process by which— measures, to enable the Attorney General to fective’ shall— (1) the Attorney General and Federal, assess implementation of the plan. ‘‘(A) have the meaning given the term in State, and local law enforcement are imme- ‘‘(3) PENALTIES FOR NONCOMPLIANCE.— section 478.11 of title 27, Code of Federal Reg- diately notified, as appropriate, of any re- ‘‘(A) IN GENERAL.—During the 4-year period ulations, or any successor thereto; and quest to transfer a firearm or explosive to a covered by such a plan, the Attorney General ‘‘(B) include an order by a court, board, person who is, or within the previous 5 years shall withhold the following percentage of commission, or other lawful authority that a was, investigated as a known or suspected the amount that would otherwise be allo- person, in response to mental illness, incom- terrorist; cated to a State under section 505 of the Om- petency, or marked subnormal intelligence, (2) the Attorney General may delay the nibus Crime Control and Safe Streets Act of be compelled to receive services— transfer of the firearm or explosive for a pe- 1968 (42 U.S.C. 3755) if the State does not ‘‘(i) including counseling, medication, or riod not to exceed 3 business days and file an meet the benchmark established under para- testing to determine compliance with pre- emergency petition in a court of competent graph (2) for the following year in the period: scribed medications; and jurisdiction to prevent the transfer of the ‘‘(i) 10 percent, in the case of the 1st year ‘‘(ii) not including testing for use of alco- firearm or explosive, and such emergency pe- in the period. hol or for abuse of any controlled substance tition and subsequent hearing shall receive ‘‘(ii) 11 percent, in the case of the 2nd year or other drug. the highest possible priority on the docket of in the period. ‘‘(37) The term ‘committed to a mental in- the court of competent jurisdiction and be ‘‘(iii) 13 percent, in the case of the 3rd year stitution’ shall have the meaning given the subject to the Classified Information Proce- in the period. term in section 478.11 of title 27, Code of Fed- dures Act (18 U.S.C. App.); ‘‘(iv) 15 percent, in the case of the 4th year eral Regulations, or any successor thereto.’’. (3) the transferee receives actual notice of in the period. (b) LIMITATION.—An individual who has the hearing and is provided with an oppor- ‘‘(B) FAILURE TO ESTABLISH A PLAN.—A been adjudicated as a mental defective be- tunity to participate with counsel and the State with respect to which a plan is not es- fore the date that is 180 days after the date emergency petition shall be granted if the tablished under paragraph (1) shall be treat- of enactment of this Act may not apply for court finds that there is probable cause to ed as having not met any benchmark estab- relief from disability under section 101(c)(2) believe that the transferee has committed, lished under paragraph (2).’’. of the NICS Improvement Amendments Act conspired to commit, attempted to commit, SEC. 612. REQUIREMENT THAT FEDERAL AGEN- of 2007 (18 U.S.C. 922 note) on the basis that or will commit an act of terrorism, and if the CIES CERTIFY THAT THEY HAVE the individual does not meet the require- petition is denied, the Government shall be SUBMITTED TO THE NATIONAL IN- ments in section 921(a)(36) of title 18, United responsible for all reasonable costs and at- STANT CRIMINAL BACKGROUND States Code, as added by subsection (a). torneys’ fees; CHECK SYSTEM ALL RECORDS IDEN- (c) NICS IMPROVEMENT AMENDMENTS ACT TIFYING PERSONS PROHIBITED (4) the Attorney General may arrest and OF 2007.—Section 3 of the NICS Improvement detain the transferee for whom an emer- FROM PURCHASING FIREARMS UNDER FEDERAL LAW. Amendments Act of 2007 (18 U.S.C. 922 note) gency petition has been filed where probable Section 103(e)(1) of the Brady Handgun Vio- is amended by striking paragraph (2) and in- cause exists to believe that the individual lence Prevention Act (18 U.S.C. 922 note) is serting the following: has committed, conspired to commit, or at- amended by adding at the end the following: ‘‘(2) MENTAL HEALTH TERMS.— tempted to commit an act of terrorism; and N GENERAL ‘‘(F) SEMIANNUAL CERTIFICATION AND RE- ‘‘(A) I .—Except as provided in (5) the Director of the Federal Bureau of PORTING.— subparagraph (B), the terms ‘adjudicated as Investigation annually reviews and certifies ‘‘(i) IN GENERAL.—The head of each Federal a mental defective’ and ‘committed to a the identities of known or suspected terror- department or agency shall submit to the mental institution’ shall have the meanings ists under this section and the appropriate- Attorney General a written certification in- given the terms in section 921(a) of title 18, ness of such designation. dicating whether the department or agency United States Code. ‘‘(B) EXCEPTION.—For purposes of sections SA 4750. Mr. MCCONNELL (for Mr. has provided to the Attorney General the pertinent information contained in any 102 and 103, the terms ‘adjudicated as a men- MURPHY (for himself, Mr. BOOKER, Mr. record of any person that the department or tal defective’ and ‘committed to a mental in- BLUMENTHAL, Mr. SCHUMER, and Mr. agency was in possession of during the time stitution’ shall have the same meanings as CARDIN)) proposed an amendment to period addressed by the certification dem- on the day before the date of enactment of the bill H.R. 2578, making appropria- onstrating that the person falls within a cat- the Fix Gun Checks Act of 2016 until the end tions for the Departments of Commerce egory described in subsection (g) or (n) of of the 2-year period beginning on such date and Justice, Science, and Related section 922 of title 18, United States Code. of enactment.’’. Agencies for the fiscal year ending Sep- ‘‘(ii) SUBMISSION DATES.—The head of a SEC. 614. CLARIFICATION THAT FEDERAL COURT Federal department or agency shall submit a INFORMATION IS TO BE MADE tember 30, 2016, and for other purposes; AVAILABLE TO THE NATIONAL IN- certification under clause (i)— as follows: STANT CRIMINAL BACKGROUND ‘‘(I) not later than July 31 of each year, CHECK SYSTEM. At the appropriate place, insert the fol- which shall address any record the depart- lowing: Section 103(e)(1) of the Brady Handgun Vio- ment or agency was in possession of during lence Protection Act (18 U.S.C. 922 note), as TITLE VI—FIXING GUN CHECKS the period beginning on January 1 of the amended by section 612 of this Act, is amend- SEC. 601. SHORT TITLE. year and ending on June 30 of the year; and ed by adding at the end the following: This title may be cited as the ‘‘Fix Gun ‘‘(II) not later than January 31 of each ‘‘(G) APPLICATION TO FEDERAL COURTS.—In Checks Act of 2016’’. year, which shall address any record the de- this paragraph— Subtitle A—Ensuring That All Individuals partment or agency was in possession of dur- ‘‘(i) the terms ‘department or agency of the Who Should Be Prohibited From Buying a ing the period beginning on July 1 of the pre- United States’ and ‘Federal department or Gun Are Listed in the National Instant vious year and ending on December 31 of the agency’ include a Federal court; and Criminal Background Check System previous year. ‘‘(ii) for purposes of any request, submis- ‘‘(iii) CONTENTS.—A certification required sion, or notification, the Director of the Ad- SEC. 611. PENALTIES FOR STATES THAT DO NOT under clause (i) shall state, for the applica- MAKE DATA ELECTRONICALLY ministrative Office of the United States AVAILABLE TO THE NATIONAL IN- ble period— Courts shall perform the functions of the STANT CRIMINAL BACKGROUND ‘‘(I) the number of records of the Federal head of the department or agency.’’. CHECK SYSTEM. department or agency demonstrating that a Subtitle B—Requiring a Background Check Section 102(b) of the NICS Improvement person fell within each of the categories de- for Every Firearm Sale Amendments Act of 2007 (18 U.S.C. 922 note) scribed in section 922(g) of title 18, United is amended to read as follows: States Code; SEC. 621. PURPOSE. ‘‘(b) IMPLEMENTATION PLAN.— ‘‘(II) the number of records of the Federal The purpose of this subtitle is to extend ‘‘(1) IN GENERAL.—Within 1 year after the department or agency demonstrating that a the Brady Law background check procedures date of the enactment of this subsection, the person fell within the category described in to all sales and transfers of firearms. Attorney General, in coordination with the section 922(n) of title 18, United States Code; SEC. 622. FIREARMS TRANSFERS. States, shall establish, for each State or In- and (a) IN GENERAL.—Section 922 of title 18, dian tribal government, a plan to ensure ‘‘(III) for each category of records de- United States Code, is amended— maximum coordination and automation of scribed in subclauses (I) and (II), the total (1) by striking subsection (s) and redesig- the reporting of records or making of records number of records of the Federal department nating subsection (t) as subsection (s);

VerDate Sep 11 2014 03:42 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A16JN6.050 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 16, 2016 CONGRESSIONAL RECORD — SENATE S4317 (2) in subsection (s), as so redesignated— that has been shipped or transported in, or have an unresolved audit finding during the (A) in paragraph (3)(C)(ii), by striking ‘‘(as has been possessed in or affecting, interstate 3 fiscal years before submitting an applica- defined in subsection (s)(8))’’; and or foreign commerce, to fail to report the tion for a grant under this section.’’. (B) by adding at the end the following: theft or loss of the firearm, within 48 hours (b) MODIFICATION OF ELIGIBILITY REQUIRE- ‘‘(7) In this subsection, the term ‘chief law after the person discovers the theft or loss, MENTS.—The NICS Improvement Amend- enforcement officer’ means the chief of po- to the Attorney General and to the appro- ments Act of 2007 (18 U.S.C. 922 note) is lice, the sheriff, or an equivalent officer or priate local authorities.’’. amended— the designee of any such individual.’’; and (b) PENALTY.—Section 924(a)(1)(B) of such (1) in section 102(b)(1)— (3) by inserting after subsection (s), as so title is amended to read as follows: (A) in subparagraph (A), by striking ‘‘sub- redesignated, the following: ‘‘(B) knowingly violates subsection (a)(4), paragraph (C)’’ and inserting ‘‘subparagraph ‘‘(t)(1) It shall be unlawful for any person (f), (k), (q), or (aa) of section 922;’’. (B)’’; who is not a licensed importer, licensed man- (B) by striking subparagraph (B); and ufacturer, or licensed dealer to transfer a SA 4751. Mr. MCCONNELL (for Mr. (C) by redesignating subparagraph (C) as firearm to any other person who is not so li- GRASSLEY) proposed an amendment to subparagraph (B); censed, unless a licensed importer, licensed amendment SA 4750 proposed by Mr. (2) in section 103(a)(1), by striking ‘‘and manufacturer, or licensed dealer has first subject to section 102(b)(1)(B)’’; and MCCONNELL (for Mr. MURPHY (for him- taken possession of the firearm for the pur- (3) in section 104(d), by striking ‘‘section pose of complying with subsection (s). Upon self, Mr. BOOKER, Mr. BLUMENTHAL, Mr. 102(b)(1)(C)’’ and inserting ‘‘section taking possession of the firearm, the licensee SCHUMER, and Mr. CARDIN)) to the bill 102(b)(1)(B)’’. shall comply with all requirements of this H.R. 2578, making appropriations for SEC. l04. AVAILABILITY OF RECORDS TO NICS. chapter as if the licensee were transferring the Departments of Commerce and Jus- (a) GUIDANCE.—Not later than 45 days after the firearm from the inventory of the li- tice, Science, and Related Agencies for the date of enactment of this Act, the Attor- censee to the unlicensed transferee. the fiscal year ending September 30, ney General shall issue guidance regarding— ‘‘(2) Paragraph (1) shall not apply to— 2016, and for other purposes; as follows: (1) the identification and sharing of rel- ‘‘(A) a transfer of a firearm by or to any evant Federal records; and At the appropriate place, insert the fol- law enforcement agency or any law enforce- (2) submission of the relevant Federal lowing: ment officer, armed private security profes- records to NICS. sional, or member of the armed forces, to the TITLE ll—PROTECTING COMMUNITIES (b) PRIORITIZATION OF RECORDS.—Each extent the officer, professional, or member is AND PRESERVING THE SECOND AMEND- agency that possesses relevant Federal acting within the course and scope of em- MENT records shall prioritize providing the rel- ployment and official duties; SEC. l01. SHORT TITLE. evant information contained in the relevant ‘‘(B) a transfer that is a loan or bona fide This title may be cited as the ‘‘Protecting Federal records to NICS on a regular and on- gift between spouses, between domestic part- Communities and Preserving the Second going basis in accordance with the guidance ners, between parents and their children, be- Amendment Act of 2016’’. issued by the Attorney General under sub- tween siblings, or between grandparents and section (a). SEC. l02. DEFINITIONS. their grandchildren; (c) REPORTS.—Not later than 60 days after ‘‘(C) a transfer to an executor, adminis- In this title— the Attorney General issues guidance under trator, trustee, or personal representative of (1) the term ‘‘agency’’ has the meaning subsection (a), the head of each agency shall an estate or a trust that occurs by operation given the term in section 551 of title 5, submit a report to the Attorney General of law upon the death of another person; United States Code; that— ‘‘(D) a temporary transfer that is nec- (2) the term ‘‘NICS’’ means the National (1) advises whether the agency possesses essary to prevent imminent death or great Instant Criminal Background Check System; relevant Federal records; and bodily harm, if the possession by the trans- and (2) describes the implementation plan of feree lasts only as long as immediately nec- (3) the term ‘‘relevant Federal records’’ the agency for making the relevant informa- essary to prevent the imminent death or means any record demonstrating that a per- tion contained in relevant Federal records great bodily harm; son is prohibited from possessing or receiv- available to NICS in a manner consistent ‘‘(E) a transfer that is approved by the At- ing a firearm under subsection (g) or (n) of with applicable law. torney General under section 5812 of the In- section 922 of title 18, United States Code. (d) DETERMINATION OF RELEVANCE.—The ternal Revenue Code of 1986; or SEC. l03. REAUTHORIZATION AND IMPROVE- Attorney General shall resolve any dispute ‘‘(F) a temporary transfer if the transferor MENTS TO NICS. regarding whether— has no reason to believe that the transferee (a) IN GENERAL.—Section 103 of the NICS (1) agency records are relevant Federal will use or intends to use the firearm in a Improvement Amendments Act of 2007 (18 records; and crime or is prohibited from possessing fire- U.S.C. 922 note) is amended— (2) the relevant Federal records of an agen- arms under State or Federal law, and the (1) by redesignating subsection (e) as sub- cy should be made available to NICS. transfer takes place and the transferee’s pos- section (f) and amending such subsection to SEC. l05. DEFINITIONS RELATING TO MENTAL session of the firearm is exclusively— read as follows: HEALTH. ‘‘(i) at a shooting range or in a shooting ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— (a) TITLE 18 DEFINITIONS.—Chapter 44 of gallery or other area designated and built for There are authorized to be appropriated to title 18, United States Code, is amended— the purpose of target shooting; carry out this section $125,000,000 for each of (1) in section 921(a), by adding at the end ‘‘(ii) while hunting, trapping, or fishing, if fiscal years 2016 through 2020.’’; and the following: the hunting, trapping, or fishing is legal in (2) by inserting after subsection (d) the fol- ‘‘(36)(A) Subject to subparagraph (B), the all places where the transferee possesses the lowing: term ‘has been adjudicated mentally incom- firearm and the transferee holds all licenses ‘‘(e) ACCOUNTABILITY.—All grants awarded petent or has been committed to a psy- or permits required for such hunting, trap- by the Attorney General under this section chiatric hospital’, with respect to a person— ping, or fishing; or shall be subject to the following account- ‘‘(i) means the person is the subject of an ‘‘(iii) while in the presence of the trans- ability provisions: order or finding by a judicial officer, court, feror.’’. ‘‘(1) DEFINITION.—In this subsection, the board, commission, or other adjudicative (b) TECHNICAL AND CONFORMING AMEND- term ‘unresolved audit finding’ means a find- body— MENTS.— ing in the final audit report of the Inspector ‘‘(I) that was issued after— (1) SECTION 922.—Section 922(y)(2) of such General of the Department of Justice that ‘‘(aa) a hearing— title is amended in the matter preceding sub- the audited grantee has utilized grant funds ‘‘(AA) of which the person received actual paragraph (A), by striking ‘‘, (g)(5)(B), and for an unauthorized expenditure or otherwise notice; and (s)(3)(B)(v)(II)’’ and inserting ‘‘and (g)(5)(B)’’. unallowable cost that is not closed or re- ‘‘(BB) at which the person had an oppor- (2) SECTION 925A.—Section 925A of such solved within 12 months from the date when tunity to participate with counsel; or title is amended in the matter preceding the final audit report is issued. ‘‘(bb) the person knowingly and intel- paragraph (1), by striking ‘‘subsection (s) or ‘‘(2) AUDITS.—Beginning in the first fiscal ligently waived the opportunity for a hear- (t) of section 922’’ and inserting ‘‘section year beginning after the date of enactment ing— 922(s)’’. of this subsection, and in each fiscal year ‘‘(AA) of which the person received actual (c) EFFECTIVE DATE.—The amendment thereafter, the Inspector General of the De- notice; and made by subsection (a)(4) shall take effect partment of Justice shall conduct audits of ‘‘(BB) at which the person would have had 180 days after the date of the enactment of recipients of grants under this section to an opportunity to participate with counsel; this Act. prevent waste, fraud, and abuse of funds by and SEC. 623. LOST AND STOLEN REPORTING. grantees. The Inspector General shall deter- ‘‘(II) that found that the person, as a result (a) IN GENERAL.—Section 922 of title 18, mine the appropriate number of grantees to of marked subnormal intelligence, mental United States Code, is amended by adding at be audited each year. impairment, mental illness, incompetency, the end the following: ‘‘(3) PRIORITY.—In awarding grants under condition, or disease— ‘‘(aa) It shall be unlawful for any person this section, the Attorney General shall give ‘‘(aa) was a danger to himself or herself or who lawfully possesses or owns a firearm priority to eligible applicants that did not to others;

VerDate Sep 11 2014 05:29 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A16JN6.050 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4318 CONGRESSIONAL RECORD — SENATE June 16, 2016 ‘‘(bb) was guilty but mentally ill in a (B) in paragraph (2)— than quarterly as required by the NICS Im- criminal case, in a jurisdiction that provides (i) in subparagraph (A)(i), by striking ‘‘to provement Amendments Act of 2007 (18 for such a verdict; the mental health of a person’’ and inserting U.S.C. 922 note) and a description of that ‘‘(cc) was not guilty in a criminal case by ‘‘to whether a person is mentally incom- plan. reason of insanity or mental disease or de- petent’’; and (2) FREQUENCY.—Each agency that is not fect; (ii) in subparagraph (B), by striking ‘‘to required to submit annual reports under ‘‘(dd) was incompetent to stand trial in a the mental health of a person’’ and inserting paragraph (1) shall submit an annual certifi- criminal case; ‘‘to whether a person is mentally incom- cation to Congress attesting that the agency ‘‘(ee) was not guilty by reason of lack of petent’’; and continues to submit relevant Federal records mental responsibility under section 850a of (4) in section 102(c)(3)— to NICS and has corrected, modified, or re- title 10 (article 50a of the Uniform Code of (A) in the paragraph heading, by striking moved records available to NICS when the Military Justice); ‘‘AS A MENTAL DEFECTIVE OR COMMITTED TO A basis on which the records were made avail- ‘‘(ff) required involuntary inpatient treat- MENTAL INSTITUTION’’ and inserting ‘‘MEN- able no longer applies. ment by a psychiatric hospital for any rea- TALLY INCOMPETENT OR COMMITTED TO A PSY- (c) REPORTS TO CONGRESS ON FIREARMS son, including substance abuse; or CHIATRIC HOSPITAL’’; and PROSECUTIONS.— ‘‘(gg) required involuntary outpatient (B) by striking ‘‘mental institutions’’ and (1) REPORT TO CONGRESS.—Beginning on treatment by a psychiatric hospital based on inserting ‘‘psychiatric hospitals’’. February 1, 2017, and on February 1 of each a finding that the person is a danger to him- SEC. l06. CLARIFICATION THAT FEDERAL year thereafter through 2026, the Attorney self or herself or to others; and COURT INFORMATION IS TO BE General shall submit to the Committees on ‘‘(ii) does not include— MADE AVAILABLE TO THE NATIONAL the Judiciary and Committees on Appropria- ‘‘(I) an admission to a psychiatric hospital INSTANT CRIMINAL BACKGROUND tions of the Senate and the House of Rep- for observation; or CHECK SYSTEM. resentatives a report of information gath- ‘‘(II) a voluntary admission to a psy- Section 103(e)(1) of the Brady Handgun Vio- ered under this subsection during the fiscal chiatric hospital. lence Prevention Act (18 U.S.C. 922 note) is year that ended on September 30 of the pre- ‘‘(B) In this paragraph, the term ‘order or amended by adding at the end the following: ceding year. finding’ does not include— ‘‘(F) APPLICATION TO FEDERAL COURTS.—In (2) SUBJECT OF ANNUAL REPORT.—Not later ‘‘(i) an order or finding that has expired, this paragraph— than 90 days after the date of enactment of has been set aside, has been expunged, or is ‘‘(i) the terms ‘department or agency of the this Act, the Attorney General shall require otherwise no longer applicable because a ju- United States’ and ‘Federal department or each component of the Department of Jus- dicial officer, court, board, commission, ad- agency’ include a Federal court; and tice, including each United States Attor- judicative body, or appropriate official has ‘‘(ii) for purposes of any request, submis- ney’s Office, to furnish for the purposes of found that the person who is the subject of sion, or notification, the Director of the Ad- the report described in paragraph (1), infor- the order or finding— ministrative Office of the United States mation relating to any case presented to the ‘‘(I) does not present a danger to himself or Courts shall perform the functions of the Department of Justice for review or prosecu- herself or to others; head of the department or agency.’’. tion, in which the objective facts of the case ‘‘(II) has been restored to sanity or cured SEC. l07. REPORTS AND CERTIFICATIONS TO provide probable cause to believe that there of mental disease or defect; CONGRESS. has been a violation of section 922 or 924 of ‘‘(III) has been restored to competency; or (a) NICS REPORTS.—Not later than October title 18, United States Code, or section 5861 ‘‘(IV) no longer requires involuntary inpa- 1, 2016, and every year thereafter, the head of of the Internal Revenue Code of 1986. tient or outpatient treatment by a psy- each agency that possesses relevant Federal (3) ELEMENTS OF ANNUAL REPORT.—With re- chiatric hospital, and the person is not a records shall submit a report to Congress spect to each case described in paragraph (2), danger to himself, herself, or others; or that includes— the report submitted under paragraph (1) ‘‘(ii) an order or finding with respect to (1) a description of the relevant Federal shall include information indicating— which the person who is subject to the order records possessed by the agency that can be (A) whether in any such case, a decision or finding has been granted relief from dis- shared with NICS in a manner consistent has been made not to charge an individual abilities under section 925(c), under a pro- with applicable law; with a violation of section 922 or 924 of title gram described in section 101(c)(2)(A) or 105 (2) the number of relevant Federal records 18, United States Code, or section 5861 of the of the NICS Improvement Amendments Act the agency submitted to NICS during the re- Internal Revenue Code of 1986, or any other of 2007 (18 U.S.C. 922 note), or under any porting period; violation of Federal criminal law; other State-authorized relief from disabil- (3) efforts made to increase the percentage (B) in any case described in subparagraph ities program of the State in which the origi- of relevant Federal records possessed by the (A), a description of why no charge was filed under section 922 or 924 of title 18, United nal commitment or adjudication occurred. agency that are submitted to NICS; ‘‘(37) The term ‘psychiatric hospital’ in- (4) any obstacles to increasing the percent- States Code, or section 5861 of the Internal cludes a mental health facility, a mental age of relevant Federal records possessed by Revenue Code of 1986; hospital, a sanitarium, a psychiatric facility, the agency that are submitted to NICS; (C) whether in any case described in para- and any other facility that provides diag- (5) measures put in place to provide notice graph (2), an indictment, information, or noses or treatment by licensed professionals and programs for relief from disabilities as other charge has been brought against any of mental retardation or mental illness, in- required under the NICS Improvement person, or the matter is pending; cluding a psychiatric ward in a general hos- Amendments Act of 2007 (18 U.S.C. 922 note) (D) whether, in the case of an indictment, pital.’’; and if the agency makes qualifying adjudications information, or other charge described in (2) in section 922— relating to the mental health of an indi- subparagraph (C), the charging document (A) in subsection (d)(4)— vidual; contains a count or counts alleging a viola- (i) by striking ‘‘as a mental defective’’ and (6) measures put in place to correct, mod- tion of section 922 or 924 of title 18, United inserting ‘‘mentally incompetent’’; and ify, or remove records available to NICS States Code, or section 5861 of the Internal (ii) by striking ‘‘any mental institution’’ when the basis on which the records were Revenue Code of 1986; and inserting ‘‘a psychiatric hospital’’; and made available no longer applies; and (E) in any case described in subparagraph (B) in subsection (g)(4)— (7) additional steps that will be taken dur- (D) in which the charging document contains (i) by striking ‘‘as a mental defective or ing the 1-year period after the submission of a count or counts alleging a violation of sec- who has’’ and inserting ‘‘mentally incom- the report to improve the processes by which tion 922 or 924 of title 18, United States Code, petent or has’’; and relevant Federal records are— or section 5861 of the Internal Revenue Code (ii) by striking ‘‘mental institution’’ and (A) identified; of 1986, whether a plea agreement of any inserting ‘‘psychiatric hospital’’. (B) made available to NICS; and kind has been entered into with such charged (b) TECHNICAL AND CONFORMING AMEND- (C) corrected, modified, or removed from individual; MENTS.—The NICS Improvement Amend- NICS. (F) whether any plea agreement described ments Act of 2007 (18 U.S.C. 922 note) is (b) CERTIFICATIONS.— in subparagraph (E) required that the indi- amended— (1) IN GENERAL.—The annual report re- vidual plead guilty, to enter a plea of nolo (1) by striking ‘‘as a mental defective’’ quirement in subsection (a) shall not apply contendere, or otherwise caused a court to each place that term appears and inserting to an agency that, as part of a report re- enter a conviction against that individual ‘‘mentally incompetent’’; quired to be submitted under subsection (a), for a violation of section 922 or 924 of title 18, (2) by striking ‘‘mental institution’’ each provides certification that the agency has— United States Code, or section 5861 of the In- place that term appears and inserting ‘‘psy- (A) made available to NICS relevant Fed- ternal Revenue Code of 1986; chiatric hospital’’; eral records that can be shared in a manner (G) in any case described in subparagraph (3) in section 101(c)— consistent with applicable law; (F) in which the plea agreement did not re- (A) in paragraph (1), in the matter pre- (B) a plan to make any relevant Federal quire that the individual plead guilty, enter ceding subparagraph (A), by striking ‘‘to the records available to NICS and a description a plea of nolo contendere, or otherwise cause mental health of a person’’ and inserting ‘‘to of that plan; and a court to enter a conviction against that in- whether a person is mentally incompetent’’; (C) a plan to update, modify, or remove dividual for a violation of section 922 or 924 and records electronically from NICS not less of title 18, United States Code, or section

VerDate Sep 11 2014 03:42 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A16JN6.051 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 16, 2016 CONGRESSIONAL RECORD — SENATE S4319 5861 of the Internal Revenue Code of 1986, ceased, or otherwise, played violent or adult- amounts available under section 505 of title identification of the charges to which that themed video games and whether the per- I of the Omnibus Crime Control and Safe individual did plead guilty; petrators of mass shootings discussed, Streets Act of 1968 (42 U.S.C. 3755) for each (H) in the case of an indictment, informa- planned, or used violent or adult-themed compliant State in an amount that is not tion, or other charge described in subpara- video games in preparation of or to assist in less than 2 percent nor more than 5 percent graph (C), in which the charging document carrying out their violent actions; of the amount that was allocated to such contains a count or counts alleging a viola- (5) familial relationships, including the State under such section 505 in the previous tion of section 922 or 924 of title 18, United level of involvement and awareness of par- fiscal year; and States Code, or section 5861 of the Internal ents; ‘‘(ii) may withhold an amount not to ex- Revenue Code of 1986, the result of any trial (6) exposure to bullying; and ceed the amount described in clause (i) that of such charges (guilty, not guilty, mistrial); (7) the extent to which perpetrators of would otherwise be allocated to a State (I) in the case of an indictment, informa- mass shootings were acting in a ‘‘copycat’’ under any section of the Omnibus Crime tion, or other charge described in subpara- manner based upon previous violent events. Control and Safe Streets Act of 1968 (42 graph (C), in which the charging document SEC. l10. REPORTS TO CONGRESS REGARDING U.S.C. 3711 et seq.) if the State— did not contain a count or counts alleging a AMMUNITION PURCHASES BY FED- ‘‘(I) is not a compliant State; and violation of section 922 or 924 of title 18, ERAL AGENCIES. ‘‘(II) does not submit an assurance to the United States Code, or section 5861 of the In- Not later than 1 year after the date of en- Attorney General that— ternal Revenue Code of 1986, the nature of actment of this Act, the Director of the Of- ‘‘(aa) an amount that is not less than the the other charges brought and the result of fice of Management and Budget shall submit amount described in clause (i) will be used any trial of such other charges as have been to the Speaker of the House of Representa- solely for the purpose of enabling the State brought (guilty, not guilty, mistrial); tives, the President Pro Tempore of the Sen- to become a compliant State; or (J) the number of persons who attempted ate, and the Chairs and Ranking Members of ‘‘(bb) the State will hold in abeyance an to purchase a firearm but were denied be- the Committee on Appropriations of the Sen- amount that is not less than the amount de- cause of a background check conducted in ate, the Committee on the Judiciary of the scribed in clause (i) until such State has be- accordance with section 922(t) of title 18, Senate, the Committee on Homeland Secu- come a compliant State. United States Code; and rity and Governmental Affairs of the Senate, ‘‘(C) REGULATIONS.—Not later than 180 days the Committee on Appropriations of the (K) the number of prosecutions conducted after the date of enactment of the Protecting House of Representatives, the Committee on in relation to persons described in subpara- Communities and Preserving the Second the Judiciary of the House of Representa- graph (J). Amendment Act of 2016, the Attorney Gen- tives, the Committee on Homeland Security eral shall issue regulations implementing SEC. l08. LIMITATION ON OPERATIONS BY THE of the House of Representatives, and the DEPARTMENT OF JUSTICE. this paragraph.’’. The Department of Justice, and any of its Committee on Oversight and Government SEC. l12. NOTIFICATION OF PROSPECTIVE FIRE- law enforcement coordinate agencies, shall Reform of the House of Representatives a re- ARM TRANSFERS TO KNOWN OR SUS- not conduct any operation where a Federal port that includes— PECTED TERRORISTS. The Attorney General shall establish a firearms licensee is directed, instructed, en- (1) details of all purchases of ammunition process by which the Attorney General and ticed, or otherwise encouraged by the De- by each Federal agency; Federal, State, and local law enforcement partment of Justice to sell a firearm to an (2) a summary of all purchases, solicita- are immediately notified, as appropriate, of individual if the Department of Justice, or a tions, and expenditures on ammunition by any request to transfer a firearm or explo- coordinate agency, knows or has reasonable each Federal agency; sive to a person who is, or within the pre- cause to believe that such an individual is (3) a summary of all the rounds of ammuni- tion expended by each Federal agency and a vious 5 years was, investigated as a known or purchasing on behalf of another for an illegal suspected terrorist. purpose unless the Attorney General, the current listing of stockpiled ammunition for Deputy Attorney General, or the Assistant each Federal agency; and (4) an estimate of future ammunition needs SA 4752. Mr. MCCONNELL proposed Attorney General for the Criminal Division an amendment to amendment SA 4751 personally reviews and approves the oper- and purchases for each Federal agency for ation, in writing, and determines that the the next fiscal year. proposed by Mr. MCCONNELL (for Mr. agency has prepared an operational plan that SEC. l11. INCENTIVES FOR STATE COMPLIANCE GRASSLEY) to the amendment SA 4750 includes sufficient safeguards to prevent WITH NICS MENTAL HEALTH proposed by Mr. MCCONNELL (for Mr. firearms from being transferred to third par- RECORD REQUIREMENTS. MURPHY (for himself, Mr. BOOKER, Mr. Section 104(b) of the NICS Improvement ties without law enforcement taking reason- BLUMENTHAL, Mr. SCHUMER, and Mr. Amendments Act of 2007 (18 U.S.C. 922 note) able steps to lawfully interdict those fire- CARDIN)) to the bill H.R. 2578, making arms. is amended— (1) by striking paragraphs (1) and (2); appropriations for the Departments of SEC. l09. STUDY BY THE NATIONAL INSTITUTES Commerce and Justice, Science, and OF JUSTICE AND NATIONAL ACAD- (2) by redesignating paragraph (3) as para- EMY OF SCIENCES ON THE CAUSES graph (2); Related Agencies for the fiscal year OF MASS SHOOTINGS. (3) in paragraph (2), as redesignated, by ending September 30, 2016, and for (a) IN GENERAL.— striking ‘‘of paragraph (2)’’ and inserting ‘‘of other purposes; as follows: (1) STUDY.—Not later than 90 days after the paragraph (1)’’; and At the end add the following: date of enactment of this Act, the Attorney (4) by inserting before paragraph (2), as re- This Act shall take effect 1 day after the General shall instruct the Director of the designated, the following: date of enactment. National Institutes of Justice to conduct a ‘‘(1) INCENTIVES FOR PROVIDING MENTAL peer-reviewed study to examine various HEALTH RECORDS AND FIXING THE BACKGROUND SA 4753. Mr. SHELBY (for himself, sources and causes of mass shootings, includ- CHECK SYSTEM.— Mr. SESSIONS, Mr. RUBIO, and Mr. NEL- ing psychological factors, the impact of vio- ‘‘(A) DEFINITION OF COMPLIANT STATE.—In SON) submitted an amendment in- lent video games, and other factors. The Di- this paragraph, the term ‘compliant State’ tended to be proposed to amendment rector shall enter into a contract with the means a State that has— SA 4685 proposed by Mr. SHELBY (for ‘‘(i) provided not less than 90 percent of the National Academy of Sciences to conduct himself and Ms. MIKULSKI) to the bill this study jointly with an independent panel records required to be provided under sec- H.R. 2578, making appropriations for tions 102 and 103; or of 5 experts appointed by the Academy. the Departments of Commerce and Jus- (2) REPORT.—Not later than 1 year after ‘‘(ii) in effect a statute that— the date on which the study required under ‘‘(I) requires the State to provide the tice, Science, and Related Agencies for paragraph (1) begins, the Director shall sub- records required to be provided under sec- the fiscal year ending September 30, mit to Congress a report detailing the find- tions 102 and 103; and 2016, and for other purposes; which was ings of the study. ‘‘(II) implements a relief from disabilities ordered to lie on the table; as follows: (b) ISSUES EXAMINED.—The study con- program in accordance with section 105. At the appropriate place, insert the fol- ducted under subsection (a)(1) shall exam- ‘‘(B) INCENTIVES FOR COMPLIANCE.—During lowing: ine— the period beginning on the date that is 18 SEC. ll. None of the funds made available (1) mental illness; months after the date of enactment of the in this Act, or any contributed or non-Fed- (2) the availability of mental health and Protecting Communities and Preserving the eral funds, may be used— other resources and strategies to help fami- Second Amendment Act of 2016 and ending (1) to study reallocation of water within lies detect and counter tendencies toward vi- on the date that is 5 years after the date of the Alabama-Coosa-Tallapoosa or Apalachi- olence; enactment of such Act, the Attorney Gen- cola-Chattahoochee-Flint river basins until (3) the availability of mental health and eral— the Secretary of the Army has executed a other resources at schools to help detect and ‘‘(i) shall use funds appropriated to carry Partnering Agreement— counter tendencies of students towards vio- out section 103 of this Act, the excess unobli- (A) with— lence; gated balances of the Department of Justice (i) in the case of the Alabama-Coosa- (4) the extent to which perpetrators of and funds withheld under clause (ii), or any Tallapoosa basin, each of the States of Ala- mass shootings, either alleged, convicted, de- combination thereof, to increase the bama and Georgia; and

VerDate Sep 11 2014 05:10 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A16JN6.051 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4320 CONGRESSIONAL RECORD — SENATE June 16, 2016 (ii) in the case of the Apalachicola-Chat- which was ordered to lie on the table; (2) due process rights under the Fifth tahoochee-Flint basin, each of the States of as follows: Amendment to the Constitution of the Alabama, Florida, and Georgia; and At the appropriate place, insert the fol- United States. (b) The Federal Bureau of Investigation (B) that outlines the participation of each lowing: (referred to in this section as the ‘‘FBI’’), in State in separate water reallocation studies SEC. lll. Section 501(a)(1) of title I of for each basin; or the Omnibus Crime Control and Safe Streets accordance with the commitment of the (2) to reallocate water within the Alabama- Act of 1968 (42 U.S.C. 3751(a)(1)) is amended President to hire more than 230 new NICS ex- Coosa-Tallapoosa or Apalachicola-Chat- by adding at the end the following: aminers and staff, announced on January 4, tahoochee-Flint river basins until the Sec- ‘‘(H) State and local programs that are 2016, shall use amounts made available for salaries and expenses of the Bureau, and may retary of the Army executes a final agree- equivalent to the Fugitive Safe Surrender not use any other amounts made available to ment with each State through which the rel- program of the United States Marshals Serv- the Bureau— evant river basin flows that provides the ex- ice authorized under section 632 of the Adam (1) to pay NICS examiners to process new plicit consent of each relevant State to any Walsh Child Protection and Safety Act of appeals of NICS determinations and make a reallocation. 2006 (42 U.S.C. 16989).’’. final disposition of each appeal not later SA 4754. Ms. CANTWELL (for herself SA 4757. Mr. REID (for himself, Mr. than 90 days after the date of receipt of the appeal; and and Mr. WYDEN) submitted an amend- LEAHY, Mrs. MURRAY, Mr. MENENDEZ, (2) to pay NICS examiners to— ment intended to be proposed to and Mr. DURBIN) submitted an amend- amendment SA 4685 proposed by Mr. (A) eliminate the current backlog of ap- ment intended to be proposed to peals not later than 1 year after the date of SHELBY (for himself and Ms. MIKULSKI) amendment SA 4685 proposed by Mr. enactment of this Act; and to the bill H.R. 2578, making appropria- SHELBY (for himself and Ms. MIKULSKI) (B) continue to add individuals to the vol- tions for the Departments of Commerce to the bill H.R. 2578, making appropria- untary appeal file (commonly referred to as and Justice, Science, and Related tions for the Departments of Commerce the ‘‘VAF’’) to prevent subsequent delays Agencies for the fiscal year ending Sep- and Justice, Science, and Related and erroneous denials. tember 30, 2016, and for other purposes; Agencies for the fiscal year ending Sep- (c) The FBI may not cease the review or which was ordered to lie on the table; final disposition of appeals of NICS deter- tember 30, 2016, and for other purposes; minations on or after the date of enactment as follows: which was ordered to lie on the table; of this Act. On page 85, strike lines 8 through 11 and in- as follows: (d) The FBI shall submit to Congress an sert the following: On page 26, line 10, strike the period at the annual report on the disposition of appeals of United States Code, $50,000,000, of which end and insert the following: ‘‘: Provided fur- NICS determinations during the previous $1,000,000 shall remain available until ex- ther, That none of the funds made available year that includes— pended: Provided, That not to exceed $124,000 under this heading may be used for any hear- (1) the number of NICS checks on individ- shall be available for official reception and ing or review conducted by the Executive Of- uals that were— representation expenses. fice for Immigration Review, including ap- (A) conducted by the FBI; or TRADE ENFORCEMENT TRUST FUND pellate reviews and administrative hearings, (B) conducted by a Point of Contact (com- (INCLUDING TRANSFER OF FUNDS) for an unaccompanied alien child (as defined monly referred to as ‘‘POC’’) State or local in section 462(g) of the Homeland Security agency; For activities of the United States Trade Act of 2002 (6 U.S.C. 279(g))) unless the child (2) with respect to the NICS checks de- Representative authorized by section 611 of is represented by legal counsel, which may scribed in paragraph (1), the number of deni- the Trade Facilitation and Trade Enforce- be appointed by the Executive Office for Im- als of firearm transfers that resulted from ment Act of 2015 (19 U.S.C. 4405), including migration Review if the child is otherwise checks— transfers, $15,000,000, to be derived from the unrepresented.’’. (A) conducted by the FBI; or Trade Enforcement Trust Fund: Provided, (B) conducted by a POC State or local That any transfer pursuant to subsection SA 4758. Mr. GARDNER (for himself, agency; (d)(1) of such section shall be treated as a re- Mr. HATCH, and Mr. JOHNSON) sub- (3) with respect to the denials of firearm programming under section 505 of this Act: mitted an amendment intended to be transfers described in paragraph (2), the Provided further, That the amount appro- number of denials resulting from NICS priated in title I of this Act under the head- proposed to amendment SA 4685 pro- checks conducted by— ing ‘‘RENOVATION AND MODERNIZATION’’ under posed by Mr. SHELBY (for himself and (A) the FBI that were appealed; or the heading ‘‘DEPARTMENTAL MANAGEMENT’’ Ms. MIKULSKI) to the bill H.R. 2578, (B) a POC State or local agency that were under the heading ‘‘DEPARTMENT OF COM- making appropriations for the Depart- appealed— MERCE’’ shall be reduced by $6,224,000. ments of Commerce and Justice, (i) to the POC State or local agency; or Science, and Related Agencies for the SA 4755. Mr. MANCHIN submitted an (ii) to the FBI; fiscal year ending September 30, 2016, (4) with respect to the appeals described amendment intended to be proposed to and for other purposes; which was or- in— amendment SA 4685 proposed by Mr. dered to lie on the table; as follows: (A) subparagraph (A) or (B)(ii) of paragraph SHELBY (for himself and Ms. MIKULSKI) At the appropriate place, insert the fol- (3), that number that were reversed by the to the bill H.R. 2578, making appropria- lowing: FBI for— tions for the Departments of Commerce SEC. ll. None of the funds made available (i) FBI denials; or and Justice, Science, and Related by this Act may be used to take any action (ii) POC State or local agency denials; or Agencies for the fiscal year ending Sep- to prevent a State from implementing any (B) subparagraph (B)(i) of paragraph (3), tember 30, 2016, and for other purposes; law that makes it lawful to possess, dis- the number that were reversed by the POC tribute, or use cannabidiol or cannabidiol State or local agency; and which was ordered to lie on the table; oil. (5) the number of FBI denials that involved as follows: a VAF application without a preceding ap- At the appropriate place, insert the fol- SA 4759. Mr. BOOZMAN submitted an peal of a NICS denial. lowing: amendment intended to be proposed by SEC. ll. In order to carry out the pur- him to the bill H.R. 2578, making ap- SA 4760. Mr. BOOZMAN submitted an poses of the POWER Program, the Economic propriations for the Departments of amendment intended to be proposed by Development Administration shall enter Commerce and Justice, Science, and him to the bill H.R. 2578, making ap- into a memorandum of understanding with Related Agencies for the fiscal year propriations for the Departments of the Appalachian Regional Commission that Commerce and Justice, Science, and establishes a process by which an applicant ending September 30, 2016, and for may receive a 100-percent federally funded other purposes; which was ordered to Related Agencies for the fiscal year grant. lie on the table; as follows: ending September 30, 2016, and for At the appropriate place, insert the fol- other purposes; which was ordered to SA 4756. Mr. BROWN submitted an lowing: lie on the table; as follows: amendment intended to be proposed to SEC. lll. (a) Congress finds that not ad- At the appropriate place, insert the fol- amendment SA 4685 proposed by Mr. dressing appeals of determinations made by lowing: SHELBY (for himself and Ms. MIKULSKI) the National Instant Criminal Background SEC. lll. None of the funds made avail- to the bill H.R. 2578, making appropria- Check System (commonly referred to as able under this Act or any other Act may be ‘‘NICS’’) deprives law-abiding citizens of used to— tions for the Departments of Commerce their— (1) mandate the use of authorized user rec- and Justice, Science, and Related (1) right to keep and bear arms under the ognition (commonly known as ‘‘smart gun’’) Agencies for the fiscal year ending Sep- Second Amendment to the Constitution of technology by any Federal, State, local, or tember 30, 2016, and for other purposes; the United States; and tribal law enforcement agency; or

VerDate Sep 11 2014 03:42 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A16JN6.055 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 16, 2016 CONGRESSIONAL RECORD — SENATE S4321 (2) require any State, local, or tribal law transgender (hereafter in this section re- SEC. ll. TERRORIST REFUGEE INFILTRATION enforcement agency to obtain or utilize au- ferred to as ‘‘LGBT’’) individuals. PREVENTION. thorized user recognition technology as a (3) The failure to actively oppose and pro- (a) SHORT TITLE.—This section may be condition of receiving Federal grant funding, hibit discrimination leaves LGBT individ- cited as the ‘‘Terrorist Refugee Infiltration except in the case of a grant for research of uals vulnerable, based on who the LGBT in- Prevention Act of 2016’’. authorized user recognition technology. dividuals are or whom LGBT individuals (b) DEFINITIONS.—In this section: love, to being— (1) COUNTRY CONTAINING TERRORIST-CON- SA 4761. Mr. BOOZMAN (for himself, (A) evicted from their homes; TROLLED TERRITORY.—The term ‘‘country containing terrorist-controlled territory’’ Mr. SESSIONS, Mr. TILLIS, and Mr. COR- (B) denied credit or other financial serv- ices; means— NYN) submitted an amendment in- (A) Iraq, Libya, Somalia, Syria, and tended to be proposed by him to the (C) refused basic services in public places such as restaurants or shops; or Yemen; and bill H.R. 2578, making appropriations (D) terminated from employment, or oth- (B) any other country designated by the for the Departments of Commerce and erwise discriminated against in employment. Secretary of State pursuant to section 4(a). Justice, Science, and Related Agencies (4) To allow discrimination to persist is in- (2) REFUGEE.—The term ‘‘refugee’’ has the for the fiscal year ending September 30, compatible with the founding principles of meaning given the term in section 101(a)(42) this country. of the Immigration and Nationality Act (8 2016, and for other purposes; which was U.S.C. 1101(a)(42)). ordered to lie on the table; as follows: (5) Failure to ensure that all people of the United States are treated equally allows a (3) SUBSTANTIAL ASSISTANCE.—The term At the appropriate place, insert the fol- culture of hate against some people in the ‘‘substantial assistance’’ means a level of as- lowing: United States to fester. sistance without which the United States SEC. lll. (a) None of the amounts in the (6) This hate culture includes continuing could not achieve the purposes for which the Department of Justice Assets Forfeiture physical assaults and murders committed assistance was provided or sought. Fund (referred to in this section as the against LGBT individuals, and particularly (4) VICTIM OF GENOCIDE.—The term ‘‘victim ‘‘Fund’’), whether deposited in the Fund be- against transgender individuals, in the of genocide’’ has the meaning given the term fore, on, or after the date of enactment of United States. in Article II of the United Nations Conven- this Act, may be— (7) The events that transpired on June 12, tion on the Prevention and Punishment of (1) reprogrammed, diverted, or used as an 2016, in Orlando, Florida, were a horrifying the Crime of Genocide, opened for signature offset for non-law enforcement purposes; or and tragic act of hate and terror that took in Paris on December 9, 1948. (2) otherwise used by a non-criminal jus- the lives of 49 innocent individuals and in- (c) PROHIBITION ON REFUGEES FROM TER- RORIST-CONTROLLED TERRITORIES.— tice agency that does not participate in the jured 53 more. The victims were targeted be- (1) IN GENERAL.—Except as provided in Department of Justice Equitable Sharing cause of who they were, whom they loved, or paragraph (2) and notwithstanding any other Program. whom they associated with. (b)(1) The Attorney General may not tem- (b) It is the sense of Congress that— provision of law, an alien may not be admit- porarily or permanently suspend or defer any (1) it is time to end discrimination against ted to the United States under section 207 of payments from the Fund to State and local LGBT individuals and stand against the cul- the Immigration and Nationality Act (8 law enforcement agencies through the De- ture of hatred and prejudice that such dis- U.S.C. 1157) if the alien is a national of, has partment of Justice Equitable Sharing Pro- crimination allows; habitually resided in, or is claiming refugee gram. (2) it is incumbent on policymakers to en- status due to events in any country con- (2) Nothing in paragraph (1) shall be con- sure that LGBT individuals benefit from the taining terrorist-controlled territory. strued to authorize the Attorney General to full protection of the civil rights laws of the (2) EXCEPTION.— prioritize payments described in that para- Nation; and (A) IN GENERAL.—An alien otherwise pro- graph over other authorized uses of amounts (3) Congress commits to take every action hibited from admission to the United States in the Fund under the Department of Justice necessary to make certain that all people of under paragraph (1) may be admitted to the Asset Forfeiture Program. the United States are treated and protected United States under section 207 of the Immi- (c) The Attorney General shall— equally under the law. gration and Nationality Act (8 U.S.C. 1157) if (1) ensure enforcement of the Department the alien clearly proves, beyond doubt, that of Justice Equitable Sharing Program poli- SA 4763. Ms. CANTWELL submitted he or she— cies with respect to participants in the Pro- an amendment intended to be proposed (i) satisfies the requirements for admission gram; and to amendment SA 4685 proposed by Mr. as a refugee; and (2) submit an annual report to Congress (ii) is a member of a group that has been SHELBY (for himself and Ms. MIKULSKI) designated by the Secretary of State or by that describes— to the bill H.R. 2578, making appropria- (A) each participant that was audited, had an Act of Congress as a victim of genocide. funds temporarily or permanently frozen or tions for the Departments of Commerce (B) NATIONAL SECURITY THREAT.—An alien deferred, or was subject to any other form of and Justice, Science, and Related may not be admitted under subparagraph (A) suspension or penalty due to a violation of Agencies for the fiscal year ending Sep- unless— the Program’s policies during the previous tember 30, 2016, and for other purposes; (i) the alien has undergone the highest year; and which was ordered to lie on the table; level of security screening of any category of (B) the current status within the Program as follows: traveler to the United States, including as- of each participant described in subpara- On page 85, line 11, strike the period and sessments by the Department of State, the graph (A). insert ‘‘: Provided further, That $9,376,000 Department of Defense, the Department of shall be transferred to the Trade Enforce- Homeland Security, the Federal Bureau of SA 4762. Mr. MERKLEY (for himself, ment Trust Fund established under section Investigation Terrorist Screening Center, Mr. KIRK, Ms. BALDWIN, Mr. BOOKER, 611 of the Trade Facilitation and Trade En- and the National Counterterrorism Center; Ms. MIKULSKI, Mrs. SHAHEEN, Mrs. forcement Act of 2015 (19 U.S.C. 4405), to be (ii) full multi-modal biometrics of the alien have been taken, including face, iris, MURRAY, Mr. COONS, and Mr. DURBIN) used for enforcement, monitoring, investiga- and all fingerprints; and submitted an amendment intended to tion, and capacity-building activities related to free trade agreements: Provided further, (iii) the Secretary of State, the Secretary be proposed to amendment SA 4685 pro- That any such transfer shall be treated as a of Defense, the Secretary of Homeland Secu- posed by Mr. SHELBY (for himself and reprogramming under section 505 of this Act rity, the Director of the Federal Bureau of Ms. MIKULSKI) to the bill H.R. 2578, and amounts so transferred shall not be Investigation, and the Director of National making appropriations for the Depart- available for obligation or expenditure ex- Intelligence certify that such alien is not a ments of Commerce and Justice, cept in accordance with such section 505.’’. threat to the national security of the United Science, and Related Agencies for the States. SA 4764. Mr. CRUZ submitted an fiscal year ending September 30, 2016, (3) APPLICABILITY.—Paragraphs (1) and (2) amendment intended to be proposed to shall not apply to any alien seeking admis- and for other purposes; which was or- amendment SA 4685 proposed by Mr. sion under section 207 of the Immigration dered to lie on the table; as follows: SHELBY (for himself and Ms. MIKULSKI) and Nationality Act (8 U.S.C. 1157) if the Sec- At the appropriate place, insert the fol- to the bill H.R. 2578, making appropria- retary of State, the Secretary of Defense, the lowing: tions for the Departments of Commerce Secretary of Homeland Security, and the Di- SEC. lll. (a) Congress finds the fol- and Justice, Science, and Related rector of National Intelligence certify that lowing: the alien— (1) Equal treatment and protection under Agencies for the fiscal year ending Sep- (A) provided substantial assistance to the the law is one of the most cherished con- tember 30, 2016, and for other purposes; United States; and stitutional principles of the United States. which was ordered to lie on the table; (B) would face a substantial risk of death (2) Laws in many parts of the country still as follows: or serious bodily injury because of that as- fail to explicitly prohibit discrimination At the appropriate place, insert the fol- sistance if not admitted to the United against lesbian, gay, bisexual, and lowing: States.

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(d) RESPONSIBILITIES OF THE SECRETARY OF SEC. llll. FIREARMS TRAFFICKING. penalty structure are appropriate in order to STATE.— (a) IN GENERAL.—Chapter 44 of title 18, reflect the intent of Congress that such pen- (1) IDENTIFICATION OF OTHER COUNTRIES.—In United States Code, is amended by adding at alties reflect the gravity of the offense; and addition to the countries listed in subsection the end the following: (B) review and amend, if appropriate, the (b)(1)(A), the Secretary of State may des- ‘‘§ 932. Trafficking in firearms guidelines and policy statements to reflect ignate, as a ‘‘country containing terrorist- ‘‘(a) OFFENSES.—It shall be unlawful for the intent of Congress that guideline pen- controlled territory’’, any country con- any person, regardless of whether anything alties for violations of section 932 of title 18, taining territory that is controlled, in sub- of value is exchanged— United States Code, and similar offenses be stantial part, by a Foreign Terrorist Organi- ‘‘(1) to ship, transport, transfer, or other- increased substantially when committed by zation, as designated by the Secretary of wise dispose to a person, 2 or more firearms a person who is a member of a gang, cartel, State under section 219 of the Immigration in or affecting interstate or foreign com- organized crime ring, or other such enter- and Nationality Act (8 U.S.C. 1189), to the ex- merce, if the transferor knows or has reason- prise or in concert with another person who clusion of that country’s recognized govern- able cause to believe that such use, carry, is a member of a gang, cartel, organized ment. possession, or disposition of the firearm crime ring or other such enterprise. (2) LIST OF COUNTRIES CONTAINING TER- would be in violation of, or would result in a RORIST-CONTROLLED TERRITORY.—The Sec- violation of any Federal, State, or local law SA 4766. Mr. WICKER (for himself, retary of State shall— punishable by a term of imprisonment ex- Ms. CANTWELL, and Ms. MURKOWSKI) (A) maintain and continually update a list ceeding 1 year; submitted an amendment intended to of the countries containing terrorist-con- ‘‘(2) to receive from a person, 2 or more be proposed to amendment SA 4685 pro- trolled territory; and firearms in or affecting interstate or foreign posed by Mr. SHELBY (for himself and (B) continuously make available the list commerce, if the recipient knows or has rea- Ms. MIKULSKI) to the bill H.R. 2578, described in subparagraph (A)— sonable cause to believe that such receipt (i) on the Secretary’s website; would be in violation of, or would result in a making appropriations for the Depart- (ii) to the Secretary of Homeland Security; violation of any Federal, State, or local law ments of Commerce and Justice, (iii) to Congress; and punishable by a term of imprisonment ex- Science, and Related Agencies for the (iv) to the public. ceeding 1 year; fiscal year ending September 30, 2016, (3) VICTIMS OF GENOCIDE.—The Secretary of ‘‘(3) to make a statement to a licensed im- and for other purposes; which was or- State shall— porter, licensed manufacturer, or licensed dered to lie on the table; as follows: (A) identify all groups that are victims of dealer relating to the purchase, receipt, or On page 13, line 8, strike ‘‘Provided,’’ and genocide; acquisition from a licensed importer, li- insert ‘‘Provided, That not more than (B) maintain and continually update a list censed manufacturer, or licensed dealer of 2 $8,000,000 may be used to fill gaps in the na- of the groups that the Secretary or Congress or more firearms that have moved in or af- tional surface current mapping network has identified as victims of genocide; and fected interstate or foreign commerce that— using high frequency radar technology and (C) continuously make available the list ‘‘(A) is material to— to allow fleet acquisition for autonomous un- described in subparagraph (B)— ‘‘(i) the identity of the actual buyer of the derwater and surface vehicles for near real- (i) on the Secretary’s website; firearms; or time data collection: Provided further,’’. (ii) to the Secretary of Homeland Security; ‘‘(ii) the intended trafficking of the fire- (iii) to Congress; and arms; and Mr. WYDEN (for himself and (iv) to the public. ‘‘(B) the person knows or has reasonable SA 4767. (4) NATIONAL SECURITY THREAT.—The Sec- cause to believe is false; or Mr. MERKLEY) submitted an amend- retary of State may refuse to designate a ‘‘(4) to direct, promote, or facilitate con- ment intended to be proposed to group for the exception under subsection duct specified in paragraph (1), (2), or (3). amendment SA 4685 proposed by Mr. (c)(2)(A)(ii) if the Secretary determines that ‘‘(b) PENALTIES.— SHELBY (for himself and Ms. MIKULSKI) the group poses a substantial security risk ‘‘(1) IN GENERAL.—Any person who violates, to the bill H.R. 2578, making appropria- to the United States. or conspires to violate, subsection (a) shall tions for the Departments of Commerce (e) RESPONSIBILITIES OF THE SECRETARY OF be fined under this title, imprisoned for not and Justice, Science, and Related HOMELAND SECURITY.— more than 20 years, or both. ‘‘(2) ORGANIZER ENHANCEMENT.—If a viola- Agencies for the fiscal year ending Sep- (1) RULEMAKING.—The Secretary of Home- tember 30, 2016, and for other purposes; land Security shall issue regulations to im- tion of subsection (a) is committed by a per- plement subsection (c) as soon as prac- son in concert with 5 or more other persons which was ordered to lie on the table; ticable. with respect to whom such person occupies a as follows: (2) LIMIT OF ALIEN ASSERTIONS.—The Sec- position of organizer, a supervisory position, On page 48, line 24, insert ‘‘$5,000,000 is for retary of Homeland Security may not admit or any other position of management, such emergency law enforcement assistance, as any alien into the United States under this person may be sentenced to an additional authorized by section 609M of the Justice As- section solely based on the assertions of such term of imprisonment of not more than 5 sistance Act of 1984 (42 U.S.C. 10513),’’ after alien. consecutive years. ‘‘subpart 1,’’. ‘‘(c) DEFINITIONS.—In this section— (3) COORDINATION.—The Secretary of Home- f land Security shall coordinate with the Sec- ‘‘(1) the term ‘actual buyer’ means the in- retary of State, the Secretary of Defense, the dividual for whom a firearm is being pur- AUTHORITY FOR COMMITTEES TO Director of the Federal Bureau of Investiga- chased, received, or acquired; and MEET tion, and the Director of National Intel- ‘‘(2) the term ‘term of imprisonment ex- COMMITTEE ON ARMED SERVICES ligence to substantiate, as much as reason- ceeding 1 year’ does not include any offense ably practicable, the assertions made by classified by the applicable jurisdiction as a Mr. VITTER. Mr. President, I ask aliens seeking admission to the United misdemeanor and punishable by a term of unanimous consent that the Com- States. imprisonment of 2 years or less.’’. mittee on Armed Services be author- (b) TECHNICAL AND CONFORMING AMEND- ized to meet during the session of the (f) EFFECTIVE PERIOD.—This section shall MENT.—The table of sections for chapter 44 of be effective during the 3-year period begin- title 18, United States Code, is amended by Senate on June 16, 2016, at 9:30 a.m. ning on the date of the enactment of this adding at the end the following: The PRESIDING OFFICER. Without Act. ‘‘932. Trafficking in firearms.’’. objection, it is so ordered. (c) DIRECTIVE TO THE SENTENCING COMMIS- COMMITTEE ON FOREIGN RELATIONS SA 4765. Mrs. GILLIBRAND (for her- SION.— Mr. VITTER. Mr. President, I ask self and Mr. KIRK) submitted an amend- (1) IN GENERAL.—Pursuant to its authority unanimous consent that the Com- ment intended to be proposed to under section 994(p) of title 28, United States mittee on Foreign Relations be author- amendment SA 4685 proposed by Mr. Code, the United States Sentencing Commis- ized to meet during the session of the sion shall review and, if appropriate, amend SHELBY (for himself and Ms. MIKULSKI) the Federal sentencing guidelines and policy Senate on June 16, 2016, at 10:30 a.m., to to the bill H.R. 2578, making appropria- statements applicable to persons convicted conduct a hearing entitled ‘‘Our Evolv- tions for the Departments of Commerce of offenses under section 932 of title 18, ing Understanding and Response to and Justice, Science, and Related United States Code (as added by subsection Transnational Criminal Threats.’’ Agencies for the fiscal year ending Sep- (a)). The PRESIDING OFFICER. Without tember 30, 2016, and for other purposes; (2) REQUIREMENTS.—In carrying out this objection, it is so ordered. section, the Commission shall— which was ordered to lie on the table; COMMITTEE ON THE JUDICIARY as follows: (A) review the penalty structure that the guidelines currently provide based on the Mr. VITTER. Mr. President, I ask At the appropriate place, insert the fol- number of firearms involved in the offense unanimous consent that the Com- lowing: and determine whether any changes to that mittee on the Judiciary be authorized

VerDate Sep 11 2014 03:42 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A16JN6.052 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 16, 2016 CONGRESSIONAL RECORD — SENATE S4323 to meet during the session of the Sen- The resolution (S. Res. 499) was ‘‘(a) MAINTENANCE, REPAIR, AND SECU- ate on June 16, 2016, at 10 a.m., in room agreed to. RITY.—There is authorized to be appropriated SD–226 of the Dirksen Senate Office The preamble was agreed to. to the Board to carry out section 4(a)(1)(H)— Building. (The resolution, with its preamble, is ‘‘(1) $24,000,000 for fiscal year 2017; ‘‘(2) $25,000,000 for fiscal year 2018; The PRESIDING OFFICER. Without printed in today’s RECORD under ‘‘Sub- ‘‘(3) $25,000,000 for fiscal year 2019; and objection, it is so ordered. mitted Resolutions.’’) ‘‘(4) $26,000,000 for fiscal year 2020. COMMITTEE ON SMALL BUSINESS AND f ‘‘(b) CAPITAL PROJECTS.—There is author- ENTREPRENEURSHIP ized to be appropriated to the Board to carry Mr. VITTER. Mr. President, I ask JUNETEENTH INDEPENDENCE DAY out subparagraphs (F) and (G) of section unanimous consent that the Com- Mr. SASSE. Mr. President, I ask 4(a)(1)— mittee on Small Business and Entre- unanimous consent that the Senate ‘‘(1) $13,000,000 for fiscal year 2017; ‘‘(2) $13,000,000 for fiscal year 2018; preneurship be authorized to meet dur- proceed to the consideration of S. Res. ‘‘(3) $14,000,000 for fiscal year 2019; and ing the session of the Senate on June 500, submitted earlier today. ‘‘(4) $14,000,000 for fiscal year 2020.’’. The PRESIDING OFFICER. The 16, 2016, at 11 a.m., in room 428A of the f Russell Senate Office Building to con- clerk will report the resolution by duct a hearing entitled ‘‘Keeping the title. ORDERS FOR FRIDAY, JUNE 17, American Dream Alive: The Challenge The legislative clerk read as follows: 2016, AND MONDAY, JUNE 20, 2016 to Create Jobs Under the NLRB’s New A resolution (S. Res. 500) designating June Mr. SASSE. Mr. President, I ask Joint employer Standard.’’ 19, 2016, as ‘‘Juneteenth Independence Day’’ unanimous consent that when the Sen- The PRESIDING OFFICER. Without in recognition of June 19, 1865, the date on ate completes its business today, it ad- objection, it is so ordered. which slavery legally came to an end in the journ until 11 a.m., Friday, June 17, for United States. SELECT COMMITTEE ON INTELLIGENCE a pro forma session only with no busi- Mr. VITTER. Mr. President, I ask There being no objection, the Senate ness being conducted; further, that unanimous consent that the Select proceeded to consider the resolution. when the Senate adjourns on Friday, Committee on Intelligence be author- Mr. SASSE. Mr. President, I ask June 17, it next convene at 3 p.m., Mon- ized to meet during the session of the unanimous consent that the resolution day, June 20; that following the prayer Senate on June 16, 2016, at 9 a.m., in be agreed to, the preamble be agreed and pledge, the morning hour be room SH–216 of the Hart Senate Office to, and the motions to reconsider be deemed expired, the Journal of pro- Building. considered made and laid upon the ceedings be approved to date, and the The PRESIDING OFFICER. Without table with no intervening action or de- time for the two leaders be reserved for objection, it is so ordered. bate. their use later in the day; further, that The PRESIDING OFFICER. Without following leader remarks, the Senate f objection, it is so ordered. resume consideration of H.R. 2578; fi- PRIVILEGES OF THE FLOOR The resolution (S. Res. 500) was nally, that notwithstanding the provi- Mr. COONS. Mr. President, I ask agreed to. sions of rule XXII, the pending cloture unanimous consent that two members The preamble was agreed to. motions ripen at 5:30 p.m., Monday. of my staff, J Francis and Chelsea (The resolution, with its preamble, is The PRESIDING OFFICER. Without Moser, both from Wilmington, DE, be printed in today’s RECORD under ‘‘Sub- objection, it is so ordered. granted floor privileges for the remain- mitted Resolutions.’’) f der of this Congress. f ORDER FOR ADJOURNMENT The PRESIDING OFFICER. Without JOHN F. KENNEDY CENTER Mr. SASSE. If there is no further objection. REAUTHORIZATION ACT OF 2016 business to come before the Senate, I Mr. SASSE. Mr. President, I ask ask unanimous consent that it stand unanimous consent that Jason Bast, a Mr. SASSE. Mr. President, I ask adjourned under the previous order, Defense Legislative Fellow in the office unanimous consent that the Senate proceed to the immediate consider- following the remarks of Senator STA- of Senator COCHRAN be granted privi- leges of the floor for the remainder of ation of Calendar No. 465, S. 2808. BENOW and Senator CARPER. The PRESIDING OFFICER. Without the calendar year. The PRESIDING OFFICER. The objection, it is so ordered. The PRESIDING OFFICER. Without clerk will report the bill by title. Mr. SASSE. Mr. President, I suggest objection, it is so ordered. The legislative clerk read as follows: A bill (S. 2808) to amend the John F. Ken- the absence of a quorum. f nedy Center Act to authorize appropriations The PRESIDING OFFICER. The CONGRATULATING THE PITTS- for the John F. Kennedy Center for the Per- clerk will call the roll. BURGH PENGUINS FOR WINNING forming Arts. The legislative clerk proceeded to THE 2016 STANLEY CUP HOCKEY There being no objection, the Senate call the roll. CHAMPIONSHIP proceeded to consider the bill. Mr. CARPER. Mr. President, I ask unanimous consent that the order for Mr. SASSE. Mr. President, I ask Mr. SASSE. Mr. President, I ask unanimous consent that the bill be the quorum call be rescinded. unanimous consent that the Senate The PRESIDING OFFICER (Mr. proceed to the consideration of S. Res. read a third time and passed, and the motion to reconsider be considered SASSE). Without objection, it is so or- 499, submitted earlier today. dered. The PRESIDING OFFICER. The made and laid upon the table. f clerk will report the resolution by The PRESIDING OFFICER. Without title. objection, it is so ordered. REMEMBERING GEORGE The legislative clerk read as follows: The bill (S. 2808) was ordered to be VOINOVICH engrossed for a third reading, was read A resolution (S. Res. 499) congratulating the third time, and passed, as follows: Mr. CARPER. Mr. President, I come the Pittsburgh Penguins for winning the 2016 here with a solemn message today, and Stanley Cup hockey championship. S. 2808 I come here remembering a Republican There being no objection, the Senate Be it enacted by the Senate and House of Rep- colleague who served in this body for 12 proceeded to consider the resolution. resentatives of the United States of America in years—George Voinovich. Congress assembled, Mr. SASSE. I ask unanimous consent George was a former Governor of that the resolution be agreed to, the SECTION 1. SHORT TITLE. Ohio and a former mayor of Cleveland. This Act may be cited as the ‘‘John F. Ken- preamble be agreed to, and the motions nedy Center Reauthorization Act of 2016’’. I think, in his time, he was county to reconsider be considered made and auditor. He was Lieutenant Governor, I SEC. 2. AUTHORIZATION OF APPROPRIATIONS. laid upon the table with no intervening Section 13 of the John F. Kennedy Center believe, and mayor of Cleveland. He action or debate. Act (20 U.S.C. 76r) is amended by striking was the chairman of the National The PRESIDING OFFICER. Without subsections (a) and (b) and inserting the fol- League of Cities. As a two-term Gov- objection, it is so ordered. lowing: ernor of Ohio, he was also chairman of

VerDate Sep 11 2014 03:42 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A16JN6.054 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4324 CONGRESSIONAL RECORD — SENATE June 16, 2016 the National Governors Association. I icit. He was a very courageous—very George was always really interested had the privilege of serving as his vice courageous—elected official and some- in how we get better results with less chairman and, later on, as his suc- one you just liked. money. He was always interested in cessor, as the chairman of the NGA. You know sometimes you meet peo- that. Then George came here. He was ple and it is all about them? Well, it At this roundtable today, when we elected in 1998, and he took office here was never all about George. He was a convened it, I said: Let’s hold this in the Senate in 1999. He served for two guy who had every reason to be pomp- roundtable today with the Government terms and is, I am sure, remembered by ous and proud and everything, but he Accountability Office and with rep- everybody who served with him as was not that way at all. How do I de- resentatives from across the Federal smart, kind, principled, hard-working, scribe him? He had the heart of a serv- Government who are working to get off and straight-talking. He was every- ant. He understood that his job was to GAO’s high-risk list. In order to do thing an elected official should be and serve, not be served. He was humble, that, you have to figure out how to ad- could be. not haughty. He came from a humble dress the concerns raised by GAO and He and I went to Ohio State together background and never had a lot of their reviews of agency operations. We but not at the same time. He was in money—he and his wife Janet—until talked about some of the areas where law school and a year or two older than the day he died. Senator George Voinovich worked—in me. I was an undergraduate, and so I George died in his sleep earlier this one case with Senator Danny Akaka never got to know him at that point in week, almost at the age of 80, just 2 from Hawaii—to address a number of time. But we shared a lot of bonds. I days before my wife and I were sup- areas of expenditures and practices got to know his family well, his wife posed to have dinner with him and his that needed to be addressed. Janet. She and my wife Martha, as we wife here in Washington, and with Subsequent to the roundtable, I left were Governors together, were spouses other friends, to celebrate his impend- there and came here to the Capitol together and were very good and close ing 80th birthday. Building and went to the office of the friends. I said earlier that George had the President pro tempore, Senator ORRIN I liked George. You know sometimes courage to keep out of step when ev- HATCH, where he was signing a docu- when you meet someone and you just eryone else was marching to the wrong ment relating to the adoption of legis- like them right away? I don’t believe tune. How do I say this? When faced lation the Presiding Officer and I and anybody in Ohio history ever won all 84 with the dilemma of maybe voting with others had worked on, which is focused counties, and with something like al- his caucus or voting with the President on how we do a better job in this coun- most two-thirds of the vote. He did on something he just thought was try when we transition from one ad- that. That was in 2004. I think in 2006, wrong, he was amazingly brave. He ministration—this President, the cur- I won every county in Delaware. We would say: What is the right thing to rent administration, President have three. He has 80 or so counties. I do? I heard him say this more than a Obama—to the next administration. would joke with him: Well, we both few times, as Governor, chairman of How do we do that in a way that we the National Governors Association, just don’t drop the ball and get further won every county in our State. It was and here. He would say: What is the behind, stop making progress in par- a little harder for him. He impacted this place, as I think right thing to do? He wouldn’t say: ticular areas, and undermine our na- relatively few people do. We served to- What is the easy thing to do? What is tional security? How do we transition gether on the Environment and Public the expedient thing to do? But what is in smarter ways? That legislation has been named Works Committee. We served together the right thing to do? He was a person of deep faith. We after two people—in honor of two peo- on the committee that was initially have a Bible study group that meets ple. One is Senator Ted Kaufman, who called Governmental Affairs and later here every Thursday, just upstairs, not was JOE BIDEN’s successor here. Ted Homeland Security and Governmental far from this floor. There are about was our Senator here for 2 years fol- Affairs. He was one of the leaders in seven or eight of us, who, I like to say, lowing Joe’s departure to become Vice each of those committees. need the most help. It is Democrats President and before CHRIS COONS was George was one of those people who and Republicans. It is not just all one elected and joined us here in the Sen- had the courage to keep out of step religion or the other. It is a meeting he ate. During the 2 years Ted Kaufman when everyone else was marching to came to just about every Thursday. He was our Senator from Delaware, one of the wrong tune. As a Republican, at a was a person of deep faith. the pieces of legislation he offered was time when we had a Republican Presi- George felt that the most important to make possible better transitions, dent—and by 2007 the war in Iraq was rule of law for us to follow, regardless more effective transitions, and smooth- not going well—he very bravely, within of what religion we were—whether er transitions from one administration his own caucus, called on President Protestant or Catholic or Jewish or to the other. George W. Bush to begin a phased with- Muslim or Hindu or Buddhist—they all Another person who had thought drawal of our troops. He basically said have some version of the golden rule. about that a whole lot was a fellow the Iraqis ought to be able to do a lit- Even Confucius in China had some- named Mike Leavitt, former Governor tle more for themselves, fend for them- thing like the golden rule 2,500 years of Utah and later a Cabinet Secretary selves. We will help them, but they ago, which goes something like this: in George W. Bush’s administration, should do more for themselves. Don’t do to others what you don’t want and a friend of mine. I succeeded He was one who believed we needed to have done to you. But George was George Voinovich as chairman of the to match revenues with expenditures, really the embodiment of the golden National Governors Association, and and he was a guy who really knew how rule: Treat other people like you want Mike Leavitt was the vice chairman, to squeeze a dime. He was very fiscally to be treated. and he then became the chairman. We very responsible. He was a big believer He had a temper, but, frankly, he lost were all very close friends and col- that States should be fiscally respon- it when he should have. He lost it when leagues then and right up until sible—and cities. He became mayor of he should have. George’s death. Cleveland when they were basically Today we had a roundtable, and the But we went over, literally, to the bankrupt. He helped guide them back roundtable included someone from the President pro tempore’s office and to prosperity and helped to rekindle Government Accountability Office. signed the documentation. We had Sen- the economy there and helped to foster Every 2 years, as the Presiding Officer ator Kaufman there, Governor Leavitt an extremely strong economy. That is knows, GAO puts out a high-risk list. I there, and we remembered George how he won every single county in describe it as high-risk ways of wasting Voinovich, because when the first Ohio. taxpayer money. They lay out all these version of that legislation was passed, George was a guy who would actually different things that should be done in Ted Kaufman was the Democratic lead vote against a tax break when he agencies and that, if done, would not and George Voinovich was the Repub- thought it wasn’t fiscally responsible only provide better service for citizens lican lead. to do, if it would further erode our rev- of this country but also do so in a more That is just one of dozens of exam- enue base and enlarge our budget def- cost-effective way. ples where he provided leadership for

VerDate Sep 11 2014 03:42 Jun 17, 2016 Jkt 059060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\G16JN6.071 S16JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 16, 2016 CONGRESSIONAL RECORD — SENATE S4325 this country, as he did for Ohio in the things here too, and one of them re- the House Foreign Relations Com- roles he held there. minds me of George Voinovich. Senator mittee. It was a bipartisan Commis- I really loved George Voinovich. I Alan Simpson used to talk about integ- sion. There were 9 or 11 people. They just loved the guy. I think when we rity, and he would say: Integrity—if went to work. They had a great staff, think of leaders, sometimes people in you have it, nothing else matters. In- and they worked for months to drill leadership positions say to others: Do tegrity—if you don’t have it, nothing down on what went wrong, what led to as I say. George actually said: Do as I else matters. Think about that. Integ- 9/11—that catastrophe and how could it do. He was a big believer in leading by rity, if you have it, nothing else mat- happen—and came up with a whole example. ters. Integrity, if you don’t have it, host of recommendations. I think there The other thing I loved and respected nothing else matters. George Voino- were about 40 recommendations. They about him was that he was very tena- vich did not have a partisan bone in his were unanimous. They adopted them cious. We have all met people who body, but he had a world of integrity— unanimously and gave them to us. could have done something, gotten just a world of integrity inside that They came before us and came before something done, and been somebody, body of his. our committee, the Committee on Gov- and they gave up. They gave up. The other thing I would say, I like to ernmental Affairs, and we adopted George never gave up. He was one of think that as important as integrity about 80 percent of them pretty much those people who, when he knew he was is—and it is—the other thing that is as unanimously. It was a time that rather right and he was sure he was right, he critically important for the success of than us being divided as a country, it never gave up. any organization, whether it is a State was a time we came together on the Tomorrow, people from all over or county or business or school, this heels of a terrible disaster. Ohio—actually from around the coun- body, the most important ingredient When I look at the political back and try—will gather in Cleveland not far for the success of that entity, any of forth that seems to flow out of the from the home where George and Janet them, is leadership, principled leader- tragedy in Orlando and I compare that and their family were raised and where ship, committed leadership, enlight- with what existed when we lost maybe they lived for many years—where ened leadership, and George Voinovich 60 times as many lives 15 years ago, I Janet still lives. It will be sad, but embodied those. would hope we would remember, as a there will also be a sense of joy. There So to the people of Delaware who people—I hope those of us who serve in are probably not many good ways to supported—not Delaware. Delaware is a this body and those who would like to die—but to die at the age of almost 80 little town just north of Columbus, OH. lead our country will remember the and to die in your sleep without pain When I was a student at Ohio State, I words right over the Presiding Officer’s and suffering, and to have a legacy of used to think Delaware was a town just head. I don’t know a lot of Latin, but wonderful children—children any of us north of Columbus. I later found out it the Latin words inscribed over the would be proud to call our own—and a was a whole State. When I got out of chair where the Presiding Officer sits, bunch of grandchildren—the same the Navy, I moved there. They were ‘‘E pluribus unum,’’ from many, one. thing, whom any of us would be proud good enough to let me serve in a couple From many, one. We are strong when to call our own. That is a great legacy different capacities, including here. we are united, and we need to be united if you just stopped right there. But the The people of Ohio were smart to just as we were 15 years ago. We need legacy goes well beyond that in terms elect him and smart to share him with to be united as a nation today. George of the way Ohio is governed today by us. We were just blessed that they did Voinovich, if he were here, would re- Governor John Kasich, who is another that, really blessed that they did that. mind us of that. Since he is not, I close friend. I felt the presence of George Voino- wanted to. John Kasich and I came to the House vich today at our roundtable working f together in 1983, and I am delighted he on the issues he loved. I felt his pres- ADJOURNMENT UNTIL 11 A.M. has had the opportunity to serve as ence at the signing ceremony in the TOMORROW Governor there—a worthy successor to President pro tempore’s office, when Mr. CARPER. Mr. President, I ask George Voinovich. Frankly, I might we signed into law the transition legis- unanimous consent that the Senate ad- add—and I will probably get in trouble lation he originally cosponsored a journ under the previous order. with my caucus for saying this—he number of years ago with Senator Ted There being no objection, the Senate, would have been a great nominee for Kaufman, and I feel his presence here at 6:15 p.m., adjourned until Friday, our friends in the Republican Party. today, and it is a good presence. While June 17, 2016, at 11 a.m. But apparently that is not in the cards. we mourn his loss and his death, we So I won’t go on much further, but just appreciate so much his life. f when people say bad things about f NOMINATIONS elected officials or unkind things about 9/11 MEMORIAL MUSEUM Executive nominations received by elected officials, I think it is too bad the Senate: they didn’t know the Presiding Officer Mr. CARPER. Mr. President, on a to- DEPARTMENT OF STATE and they didn’t know George Voino- tally different subject, my wife and I KAMALA SHIRIN LAKHDHIR, OF CONNECTICUT, A CA- vich, because they wouldn’t feel that had the opportunity to go to New York REER MEMBER OF THE SENIOR FOREIGN SERVICE, way if they knew him or had any idea last Saturday. We were invited up by CLASS OF COUNSELOR, TO BE AMBASSADOR EXTRAOR- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES of his commitment and his dedication our oldest son to visit with him and his OF AMERICA TO MALAYSIA. and his sacrifice and his leadership. roommate. We visited the 9/11 Memo- ANDREW ROBERT YOUNG, OF CALIFORNIA, A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF I will close with this. A fellow who rial Museum. For anybody who has a COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND used to serve here was a fellow named chance to go to New York City and PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO BURKINA FASO. Alan Simpson. He was a Senator from visit that memorial, I urge that they POSTAL REGULATORY COMMISSION Wyoming. We remembered him today do that. It was a walk back in time to MARK D. ACTON, OF KENTUCKY, TO BE A COMMIS- because he was the coauthor of the 9/11 and the horrors of that day and the SIONER OF THE POSTAL REGULATORY COMMISSION FOR Bowles-Simpson plan, the fiscally re- days and the weeks that followed, but A TERM EXPIRING OCTOBER 14, 2022. (REAPPOINTMENT) sponsible deficit reduction plan of out of that terrible disaster, our coun- CENTRAL INTELLIGENCE probably about 6 or 7 years ago. It was try came together. SHIRLEY WOODWARD, OF VIRGINIA, TO BE INSPECTOR established by President Obama. It was Our country came together in rather GENERAL, CENTRAL INTELLIGENCE AGENCY, VICE DAVID B. BUCKLEY, RESIGNED. a good roadmap then, and I still think remarkable ways. Instead of pointing IN THE AIR FORCE it is a good roadmap today. Alan Simp- fingers at each other, we decided to THE FOLLOWING NAMED OFFICER FOR APPOINTMENT son was the Republican part of that, in join hands and work together under the AS THE VICE CHIEF OF STAFF OF THE AIR FORCE AND tandem with Erskine Bowles. leadership of George W. Bush, and we APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION Alan Simpson used to say a lot of created a 9/11 Commission, chaired by OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, very funny things. He was probably as Republican Tom King of New Jersey U.S.C., SECTIONS 8034 AND 601: humorous as anybody who ever served and cochaired by Lee Hamilton, Con- To be general here, but he also said some serious gressman from Indiana, former chair of LT. GEN. STEPHEN W. WILSON

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THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JAMES P. BROWN AARON MCGILL COOPER IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- JERRAD H. BROWN PAUL M. COOPER CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE RICHARD ARAM BROWN LISA M. CORLEY AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION ROBERT J. BROWN ROBERT T. CORSI 601: JASON FORBES BROWNE PAULA C. COTTRELL KELLIE M. BROWNLEE BENJAMIN W. COUCHMAN To be lieutenant general ANDREW R. BRUCE KELLIE S. COURTLAND MAJ. GEN. VERALINN JAMIESON MATTHEW R. BRUCKNER ROBERT M. COWAN JARED JOSEPH BRUPBACHER ADAM V. COYNE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BENJAMIN T. BRYANT CASEY R. CRABILL TO THE GRADE INDICATED IN THE UNITED STATES AIR LEE W. BRYANT MARK A. CRAMER FORCE UNDER TITLE 10, U.S.C., SECTION 624: LUCAS EDWARD BUCKLEY DENNIS P. CRAWFORD To be lieutenant colonel CHRISTOPHER D. BULSON GREGORY S. CRESSWELL JOYCE A. BULSON GREGORY K. CREW NATHAN J. ABEL NATHAN D. BUMP JEFFREY S. CRIDER ADAM D. ACKERMAN DANIEL A. BUNCH JOSEPH PAUL CRISPEN JASON M. ADAMS ROGERNETTA BURBRIDGE DAMEN MARK CRISWELL ROBIN E. ADAMS ERIC W. BURGER BRIAN L. CROSBY JASON M. AFTANAS JOHN ERIC BURRELL SCOTT T. CROWELL ALLEN Y. AGNES BRIAN M. BUSCHUR BRIAN T. CRUM BRADFORD K. AIKENS DONALD R. BUTCHER, JR. MICHAEL J. CULHANE MICHAEL JOHN ALBRECHT BLAIR W. BYREM STEPHAN E. CUMMINGS SALVADOR ALEMAN JAYSON WILLIAM CABELL SEAN P. CUNNIFF SHANE W. ALFAR JONATHAN A. CABILLAN CHARLES R. CUNNINGHAM DAVID K. ALLAMANDOLA ROBIN E. CADOW IAN M. CUNNINGHAM SEAN R. AMES ERNEST L. CAGE JEFFREY G. CUNNINGHAM MATTHEW P. ANASTAS PATRICIA A. CALABRESE MATTHEW A. CUNNINGHAM ALISON M. ANDERS JAMES T. CALDWELL TERSHA LEE CURRIER ANDREW D. ANDERSON JESSE P. CALDWELL TONY L. CURTIS, JR. DAVID M. ANDERSON SHANNON D. CALEB JONATHAN R. CZARNEY JOHN P. ANDERSON NELSON D. CALIMLIM, JR. BRANDON JOSEPH DAIGLE KEITH M. ANDERSON CHARLES G. CAMERON BENJAMIN G. DAINTY MATTHEW K. ANDERSON GLENN S. CAMERON GABRIEL A. DAMICO ROBERT JAMES ANDREE ANTHONY P. CAMPBELL HOWARD K. DARLING SCOTT ANDRESEN JOHN M. CAMPBELL EDWARD DAVIES IV NATHAN P. ANDREWS JOSHUA S. CAMPBELL AARON L. DAVIS IONIO Q. ANDRUS PAUL A. CANCINO BRIAN SANDERS DAVIS JUSTIN A. ANHALT JAMES ANTHONY CANTRELL DONAVON R. DAVIS JASON P. ANNIS JAMES M. CARBONE II JASON A. DAVIS TONY S. APONTE DOMINIC A. CARDELLA MATTHEW JON DAVIS MATTHEW APRICENO MARCO A. CARDENAS JAMES M. DAVITCH JONATHAN L. ARD ROWLAND CARDONI JOHN G. DAYTON JOSHUA O. ARKI ANTHONY MAURICE CARISTI CHRISTOPHER M. DE WINNE PAUL M. ARKWELL CHRISTOPHER J. CARNDUFF NICHOLAS J. DEFAZIO GABRIEL S. ARRINGTON BRENT S. CARPENTER JULIO A. DELANOY JOHNATHAN M. ARTIS BRIAN N. CARPENTER JOHN G. DELION WILLIAM C. ATKINS PATRICK F. CARPIZO JAMES J. DEMIS KEVIN P. AUGER JOSEPH W. CARR, JR. NATHAN T. DENNEN ANDREW J. BABIARZ NATHAN J. CARRELL JOSHUA A. DEPAUL CHRISTIAN BACKHAUS JOHN J. CARROLL III DAVID DEPTULA RUSSELL S. BADOWSKI MARCUS JAMES CARROLL JACLYN N. DEROUSH JONATHAN B. BAIZE CHRISTOPHER M. CARSON JARED T. DETLOFF BRADLEY CHARLES BAKER JOSHUA L. CARTER DARIN D. DIAL BRIAN J. BAKER WILLIAM R. CASAREZ JESUS DIAZ JACOBY L. BAKER JOHN P. CASEY GEORGE S. DIBBLE EDWARD R. BALZER TIMOTHY B. CASEY II MATTHEW B. DIBBLE THOMAS J. BANASZAK TODD J. CASKEY JOHN M. DICKENS DANE M. BANNACH CHRISTOPHER M. CASS MARCKENSON DIEUJUSTE GREGORY R. BARBER BRETT J. CASSIDY STEVEN P. DILLENBURGER RICHARD BARBER JEREMIAH CASTILLO CHRISTOPHER B. DILLER KAREN D. BARBOUR CATHLEEN E. CASWELL DAVID T. DINAN KIMBERLY N. BARR DAVID C. CASWELL TAMILYN S. DISMUKES ARTHUR C. BARTON RYAN F. CAULK KENNETH E. DIXON III STEVEN F. BARYZA TODD A. CAYER PHILLIP M. DOBBERFUHL RUSSELL D. BASTIAN THOMAS ANDREW CECH MATTHEW C. DOBERMAN LUKE A. BATES DAVID L. CELESTE, JR. ERIC CHARLES DOCTOR BYRON F. BATEY SIOBHAN C. CELUSTA TIMOTHY E. DODSON DANIEL P. BEALL ADRIAN B. CERCENIA DYLAN D. DOMBRET MEREDITH A. BEAVERS GREGORY A. CHAMBERS BENJAMIN A. DONBERG ANDREW I. BECKETT JOSHUA CORY CHAMBERS BRIAN R. DONEHUE CARL F. BECKEY REYNALDO CHAMPION JOEL D. DOSS KENNETH B. BEEBE III PATRICK S. CHAPIN HARLEY K. DOUBET RYAN M. BEHRINGER JOHN L. CHAPMAN GREGORY S. DOUGLAS GARY SCOTT BEISNER II GARY W. CHARLAND, JR. SCOTT K. DOYER KRISTIN A. BEITZ CHARISSA V. CHERRINGTON JESSE S. DOYLE JOSEPH P. BELLUCCI MOLLY T. CHESTER JOSEPH A. DRUMMOND DEAR BELOVED KENNETH HANK CHILCOAT JOHN C. DUEMLER III CHRISTOPHER P. BENDIG JASON R. CHILDS ERIN M. DUNAGAN JOHN T. BENGTSON MARK J. CHIOFOLO DAVID JOHN DUNCAN ANDRES BENITEZ MICAH R. CHOLLAR CHRISTOPHER DUNSTON BRANDON S. BENNETT BENJAMIN DOUGLAS CHOWN ERICA M. DURBAN DANIEL RAY BENTLEY DEVON T. CHRISTENSEN TODD C. DYE BRIAN D. BENTON DANIEL P. CHRISTMAN WILLIAM P. DYER JAVIER L. BENTON STUART E. CHURCHILL SHAUN M. EASLEY GORDON E. BERAN II KATHLEEN MARIE CICHON DANIAL E. EASTMAN JOHN W. BERGER MARK E. CIPOLLA JOHNATHAN A. ECCLES TYRONE P. BESS ANDREW D. CLARK BRANDON B. EDGE BRYANT L. BEVAN BRIAN C. CLARK JOSEPH O. EDINGTON FRANK A. BIANCARDI II ADAM E. CLARY EDDIE EDWARDS, JR. JASON P. BIANCHI ANDREW G. CLEMMENSEN EUGENIA LOCKLAR EDWARDS ROBERT E. BITTNER, JR. JOSEPH G. CLEMMER RODERICK R. EDWARDS DAVID J. BLAIR JEFFREY JOHN CLESSE STEPHEN R. EDWARDS ERIC M. BLAKELY KYLE M. CLINTON JOSHUA W. EHMEN GREGORY R. BODENSTEIN THOMAS C. CO CHARLES L. EICHNER STEPHEN L. BONIN CHRISTOPHER J. COBB JOSEPH W. ELAM, JR. JODI A. BONNES DAVID A. COCHRAN KEVIN H. ELEY KEITH R. BONSER SHAWN E. COIL JEFFREY E. ELLIOTT JONATHAN BORTLE FELIX L. COLE JAMES C. ELLIS BRADLEY N. BOUDREAUX JEREMY W. COLE JASON M. ELLIS JOEL C. BOURNE LINCOLN T. COLEMAN KRISTINA L. ELLIS ANDREW PAUL BOWERS DANIEL M. COLLETTE JAKE ALAN ELSASS TRACI L. BOWMAN CHRISTOPHER M. COLLINS JAMES K. EMORY, JR. BRAD P. BOWYER KENYA E. COLON ANDREW N. EMSLIE KEVIN R. BRADLEY JAMES B. COMBS JESSE A. ENFIELD DAVID WILLIAM BRANDT, JR. JAMES V. COMPOLI ROSE A. ENGLEBERT OLGA H. BRANDT WILLIAM M. COMPTON SAMUEL J. ENSMINGER ROBERT G. BRANHAM NICHOLAS J. CONKLIN BRIAN C. EPPERSON JASON C. BRAUN PATRICK M. CONNELLAN BRIAN J. ERICKSON TIMOTHY K. BRAWNER VAIMANA CONNER CHARLES ALAN ERICKSON VAUGHN S. BRAZIL GEOFFREY BLAKE CONNICK JUSTIN WAYNE ERWIN ANTHONY WADE BRECK CHRISTOPHER J. CONOVER ALBERT M. ESPOSITO SARAH J. BREHM JOHN J. CONTRERAS AMY C. ESTES TAMMY LYNN BREINER DANIEL W. CONVERSE ERIC W. ETTESTAD DERRICK W. BREWER ANDREW L. COOK ANTHONY J. EWERS WILLIAM L. BRITTON DAVID M. COOK MATTHEW A. FAHRNER STEPHEN J. BROGAN LANE A. COOK JEREMY JAKE FARLAINO MICHAEL D. BROOKS EDITH D. COON BRANDON S. FARLEY

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ERIC C. FARQUHAR DUSTIN M. HART STEVE D. KOLY SHANNON M. FARRELL JON M. HART ROBERT KOO GERALD DAVID FENSTERER REBECCA ANNE HART KAZIMIR M. KOSTRUBALA NICHOLAS G. FERANEC JUSTIN K. HARVEY DAVID A. KREBS III GERALD J. FERDINAND RANDALL L. HARVEY II MICHAEL P. KREUZER MICHAEL B. FESSLER WILLIAM J. HASSEY MIRIAM A. KRIEGER DAMON G. FIELD DANA HATTABAUGH PATRICK F. KRIZ MANOLITO FIGUEROA ERIN P. HAYDE JEREMY T. KRUGER CHRISTOPHER J. FINCH JAMES H. HAYES III MICHAEL GREGG KRUK JEFFREY G. FISHER SCOTT M. HAZY MICHAEL A. KUMP THOMINA M. FITZGERALD DANIEL T. HEALEY JONATHAN W. KUNTZ BRIAN M. FITZPATRICK RICHARD M. HEBB ERIC A. KUT ROBERT J. FITZPATRICK DANIEL B. HEELY JOSEPH P. LACLEDE MATTHEW P. FLAHIVE NICHOLAS J. HELMS JOSEPH M. LADYMON ERIC A. FLEMING COLIN D. HENDERSON RUSTIN A. LAFURNEY KARI M. FLEMING JOSHUA JAMES HENDERSON BRYAN D. LAMB KEVIN JAMES FLETCHER MARK T. HENDERSON RODNEY A. LAMBERT THOMAS PIERSON FLOOD PAUL D. HENDRICKSON WILLIAM C. LAMBERT DAVID M. FLOWERS NAOMI Y. HENIGIN ANTHONY L. LANG JARED L. FLOYD SHELBY B. HENRY GLEN G. LANGDON MATTHEW T. FLYNN TRAVIS J. HERBRANSON JOHN D. LANGSHAW MATTHEW P. FOISY BRAD W. HICKEY KEVIN D. LARSON JACOB R. FOLEY DANIEL J. HILFERTY MIRANDA S. LASHINSKI JOHN E. FOLEY NATASHA A. HINKSON FREDERIC LATHROP PATRICK J. FOLEY MATTHEW J. HLIVKO ANTHONY T. LAU RAYMOND JEFFERY FORTNER JUSTIN A. HODGE PHILIP A. LAUGHLIN JASON M. FOWBLE LORI R. HODGE OLIVER R. LAUSE JONATHAN ALLEN FOX BRIAN P. HOELZEL CHRISTOPHER C. LAZIDIS RUSSELL E. FOXWORTH NATHAN N. HOEVELKAMP DAVID K. LEAHY ERIC D. FRAHM HANS G. HOFFMAN MICHAEL D. LEAVER JAMES CHIN KAB FRANCIS BRYAN J. HOGAN YOGI L. LEBBY TANYA A. C. FRAZIER LEE A. HOLFERT JOSE A. LEBRON STEPHEN E. FREEDMAN RICHARD J. HOLLINGER MICHAEL P. LECCO JONAS W. FREEL ETHAN D. HOLT JACOB D. LECK RAHSUL J. FREEMAN PAUL B. HOMAN BRANDON T. LEDBETTER WILLIAM E. FREIENMUTH ZOLTAN LUKE HOMONNAY JEFFREY A. LEDERHOUSE TIMOTHY J. FRYAR AUDREY L. HOPPE DARRICK B. LEE JOHN C. FUCCILLO RAMSEY MARTIN HORN JON C. LEE THOMAS P. GABRIELE MATTHEW I. HORNER SHAWN P. LEE GLENN A. GARCIA MATTHEW T. HORTON SIYEON LEE LUIS A. GARCIA MICHAEL J. HOVASTAK CHRISTOPHER LENYK HUGH E. GARDENIER SEAN F. HOWLETT MARC LEWIS JONATHAN M. GARNER KRISTIN M. HUBBARD MICHAEL J. LEWIS SHANE W. GARNER DONALD E. HUDSON, JR. SUMMER SONG LEWIS MICHAEL D. GARROTT BRYAN C. T. HUFFMAN VICTOR S. LEWIS RICARDO RAUL GARZA ANDREW W. HULL BRIAN P. LIGHTSEY JOHN D. GATTONE III GABRIEL M. HULL MATTHEW D. LILLY PHILLIP M. GEORGE SHAUN JOSEPH HUMPHREY DANIEL J. LINDLEY JASON A. GERBER SARAH L. HUMPHREYS DANIEL R. LINDSEY III MICHAEL P. GIACOMAZZI JAMIE L. HUMPHRIES EWELL D. LINGAR CHRISTON MICHAEL GIBB PAUL H. HUNKE STEVEN C. LIPINSKI MAXIM GIMELSHTEYN CASEY JONATHAN HUSTON ROYCE MICHAEL LIPPERT RYAN N. GIVENS DOUGLAS J. HUTTENLOCKER RYAN M. LIPPERT JASON E. GLANOVSKY NICHOLAS R. IHDE PATRICK W. LITTLE ANDREW L. GMYTRASIEWICZ JOSH T. IRVINE CHRISTINE R. LITTLEJOHN DANIEL R. GODWIN JONATHAN IZWORSKI REUBEN J. LITTON DAVID WAYNE GOLDEN AMBER LEIGH LYNN JACKSON ROBERT J. LITWIN ALISON R. GONZALEZ RANDY ALLEN JACOBSON ROBERT LIU ADOLFO U. GORBEA DARREN E. JAMES LARRY C. LLEWELLYN II JEREMY A. GORE RODERICK V. JAMES NICHOLAS S. LOFTHOUSE JOEL E. GORHAM CARLOS B. JAYME KEVIN B. LOMBARDO WALTER B. GOSS JULIA E. JEFFERSON MARK D. LONGENECKER JEREMY L. GOULD BILLY L. JEFFORDS, JR. JOSEPH J. LOPEZ ERICH F. GRADE CHRISTOPHER G. JEFFREYS NATHAN A. LOUCKS RYAN M. GRAF DAVID LEE JELTEMA KENNETH Y. LOUIE MONIQUE CHERIE GRAHAM SHAWN P. JENKINS DAVID L. LOUQUE, JR. DAVID J. GRASSO KIMBERLY A. JENNINGS DENNIS K. LOVIN JAMIE P. GRAY JOHN M. JEWELL LUIS P. LOZADA ZACHARY C. GRAY MATTHEW W. JOHANNING LUKE A. LUCERO FLOYD F. GREEN MONIKA MAILEYOSH JOHNCOUR MATHEW LUKACS KELLI R. GREEN ABBILLYN MARIE JOHNSON MICHAEL J. LYNCH TIMOTHY GRIFFITH DOUGLAS JOHNSON MICHAEL R. LYNCH LAURA L. GRIGGS ERIC B. JOHNSON PATRICK B. LYSAGHT LORINE A. GROSSO JAMIE J. JOHNSON DOUGLAS W. MABRY JOHN R. GROTH MAX C. JOHNSON JONATHAN H. MAGILL JARED N. GUDE PETER L. JOHNSON SCOTT ANTHONY MAJOR DAVID B. GUETTLER WILLIAM F. JOHNSON III BOHDAN MALETZ TRAVIS C. J. GUIDT TAYLOR J. JOHNSTON GENE M. MANNER JEROMY B. GUINTHER MICHAEL P. JOKHY DAVID MICHAEL MANRRIQUE ZACHARIAH C. GUMMERT EDWARD E. JONES KEEGAN K. MAPLE DAVID R. GUNTER JEFFREY E. JONES RYAN C. MARCOTTE JENNIFER L. GURGANUS REBB S. JONES MICHAEL P. MARIOTTI MENOLA M. GUTHRIE JEREMY D. JORDAN EMILY N. MARR ERIC J. GUTIERREZ KENNETH KOBEY JUHL STEPHEN THOMAS MARTENZ MARY M. GUTIERREZ JEFFREY R. KAEPP DAVID CHRISTIAN MARTINEZ MICHAEL A. GUY MATTHEW L. KAERCHER JOHN A. MARX SCOTT A. HAACK KURT LEE KAISER JASON A. MASCETTA THOMAS W. HAAS SARAH S. KAISER ROBINSON R. MATA JOHN M. HABBESTAD SERGEY M. KAPLAN DAVID E. MATHER JAMES E. HABECK LISA D. KEENA PETER J. MAURO SEAN P. HALL BRIAN S. KELLAM JASON E. MAYNE TREVOR N. HALL CHRISTOPHER J. KELLER MARC ANTHONY MAZZA, JR. JOSHUA M. HALLADA JONATHAN ABNER KELLER JONATHAN F. MCCALL STEVE HAMAMGIAN LATONYA R. KELLY JASON M. MCCANDLESS JERRY T. HAMBRIGHT WILLIAM J. KELLY THOMAS J. MCCARTY MARK L. HAMILTON JOHN W. KENDALL PETER A. MCCLELLAN OMAR J. HAMILTON JENNIFER E. KENNEDY EVE M. MCCLOUD JAMES A. HAMMAN SABRINE T. KENNEDY PHILIP R. MCCLURE GREGORY D. HAMMOND JASON D. KERBS JON D. MCCOMB JASON C. HANEY BARRY M. KETCHIE DO HUN MCCUTCHEON JASON T. HANSBERGER AMIT K. KHOSLA RYAN DAVID MCDANIEL AARON J. HANSEN NATHAN W. KIBBY WANDA M. MCDONALD CHARLES G. HANSEN DAVID T. KIM WILLIAM E. MCDOUGALL DUSTIN H. HANSEN AMBER L. KIMBRELL WILLIAM L. MCDOWELL BROOKE L. HANSON ALTON C. KINSEY PATRICK M. MCGARRY MICHAEL D. HANSON DANIELLE R. KIRK MARCUS A. MCGINN STEVEN C. HANSON RUSSELL HENRY KLAWITTER KATHARINE RUTCHKA MCGREGOR ADAM D. HARDER ROBERT J. KLINE JONTAE S. MCGREW JOSEPH J. HARDING CLAIR L. KLING KENNETH O. MCGREW DUSTIN D. HARMON JARROD E. KNAPP ROY KAIPO MCGUIRE EDMUND K. HARRINGTON RONALD A. KNIGHT, JR. RYAN M. MCGUIRE JAMES M. HARRINGTON JOSEPH A. KNOTHE JOSEPH M. MCHUGH EDWARD R. HARRIS AMANDA ELIZABETH KNOTTS SAMUEL G. MCINTYRE NEIL J. HARRIS ADAM GREGORY KNOX MICHAEL B. MCKENZIE RYAN J. HARRIS ROBERT M. KOCHAN KINDAL T. MCKINNEY NATHAN N. HARROLD PAUL I. KOECHER SCOTT M. MCMAHON RICHARD K. HARROP CHRISTOPHER A. KOELTZOW JEFF D. MCMASTER

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PATRICK MICHAEL MCSHERRY MICHAL P. POLIDOR BENJAMIN A. SHAUB CHRISTINE MARAL MCVANN MATTHEW A. POLUS KELLY W. SHELTON THOMAS F. MEAGHER NICHOLAS JOHN POPP SAMUAL P. SHIMP STEVIE MEDEIROS JASON A. POWELL BRANDY ANN SHIRLEY DOUGLAS P. MEDLEY NATHAN J. POWELL DENNY R. SHOFNER PHILIPPE K. MELBY DONALD W. POWERS BRANDON R. SHROYER MARK A. MELIN ROBERT G. PRAUSA MATTHEW G. SIKKINK DANIEL W. MELOTT MATTHEW M. PRICE YONG C. SIM MICHAEL E. MELTON WALTER H. PRIEBE III JAMES S. SIMMONS DANIEL E. MENDOZA JARRED L. PRIER JASMINE MARIE SIMMS STUART R. MENN MICHAEL L. PRIMIANO JONATHAN ALEXANDER SIRARD NEIL A. MENZIE MATTHEW J. PROVENCHER THANE A. SISSON WILLIAM G. MERCER ANTHONY J. PULEO RYAN DANIEL SKAGGS JAMES R. MERENDA JOSEPH C. PULLIAM STEVEN B. SKIPPER JASON K. MERRILL SKYLAR E. QUINN FRANK T. SKRYPAK JONATHAN L. MERRILL MATTHEW J. QUINTON ANDREW SLAUGHTER DAVID T. MERRITT MICHAEL L. RAABE JON P. SLAUGHTER SCOTT A. METZLER JAMES A. RAINS RYAN A. SLAUGHTER KYLE JAMES MEYER JOSE A. RAMIREZ JAMES N. SLEAR DERRICK CHARLES MICHAUD MATHEW W. RAMSTACK JONATHAN M. SLINKARD CHRISTOPHER A. MICHELE KENNETH M. RASZINSKI DENNIS R. SLOWINSKI MICHAEL G. MIDDENTS STACY M. RATHJE ADAM J. SMITH ANDREW C. MILLER DAVID J. RATLIFF ALLEN SMITH DAVID WESTLEY MILLER GRANT ANDERSON RAUP BENJAMIN M. SMITH GREGORY R. MILLER CECIL E. REDMON II CALEB T. SMITH JASON M. MILLER CHARLES W. REDMOND CHRISTOPHER C. SMITH AMBER LEE MILLERCHIP RONALD KEVIN REED GENE T. SMITH ANDREW A. MILLIGAN CHRISTOPHER L. REESE JAMES DANIEL SMITH DAVID G. MILLS RUSSELL T. REESE JEREMY R. SMITH CRISTINA M. MIRANDA JEFFREY S. REGAN LAWRENCE A. SMITH II ELI G. MITCHELL AARON D. REID PATRICK S. SMITH JOEL A. MITRE BRANT CONOR REILLY RIKKI D. SMITH BRIAN S. MIX DANIEL J. REISNER RYAN G. SMITH KRISTY L. MIX MICHAEL JOSEPH RENDOS EDWARD W. SMITHER JAMES E. MIXON CHRISTOPHER J. RETENELLER JENNIFER JEAN SNOW MICHELLE M. MOBLEY JOSEPH F. REVETERIANO SCOTT A. SNYDER MICHAEL R. MODESTO ERIN S. REYNOLDS ERIC M. SOBECKI ROSS A. MOL ANTHONY G. RHOADES SARA N. SOMERS ANTHONY R. MOLLISON BRIAN S. RHOADES DANIEL K. SORENSON DEREK C. MOLLOY MERLE G. RICHARD JUSTIN EDWARD SORICE JASON TODD MONACO CHAD M. RICHARDS ELIZABETH D. SORRELLS RUSSELL T. MONTANTE, JR. JASON S. RICHARDSON JOHN WILLARD SOUTHARD MICHAEL S. MONTIER MARGARET MARIE RIOS JEREMY S. SPARKS HOWARD THOMAS MOORE ALEXANDER M. RISEBOROUGH LUCAS D. SPATHES KRISTY L. MOORE CHRISTOPHER S. RITTER MICHAEL B. SPECK SAMUEL L. MORELAND BRENT G. RITZKE ALEC THOMAS SPENCER JAMES W. MORFORD TIFFANY N. RIVERA DAVID M. P. SPITLER ALLEN C. MORRIS, JR. BRIAN C. ROBBINS KATHRYN A. SPRINGER CHRISTOPHER A. MORRIS ADAM K. ROBERTS TODD J. SPRINGER DAVID C. MORRIS JAMES E. ROBERTS WESLEY N. SPURLOCK III DONALD A. MORRIS KENNETH A. ROBERTS, JR. ROBERT S. ST CYR JESSE K. MORSE MATTHEW C. ROBERTS GREGORY R. STACK ARNOLD R. MOSLEY BRIAN R. ROBERTSON CARRIE R. STAFFORD SCOTT D. MOTLEY SCOTT J. ROBERTSON BENJAMIN G. STALLARD GREGORY M. MOULTON TYLER STORER ROBERTSON RYAN L. STALLSWORTH FREDERICK G. MUELLER, JR. TIMOTHY M. ROBINSON LEE W. STANFORD MICHAEL SCOTT MULLIN JASON S. RODGERS TODD EDWARD STANIEWICZ DAVID T. MUNOZ JAMES A. RODRIGUEZ JOSHUA P. STANTON MARK A. MURPHY ERIC D. ROEHRKASSE SHAWN M. STAPPEN MICHAEL SCOTT MURPHY LOUIS P. ROGNONI III NIKOLAOS P. STATHOPOULOS EAMON R. MURRAY ANDREW C. ROLLINS ADAM R. STAUBACH RYAN E. MURRAY ADAM H. ROSADO RYAN L. STEBBINS SHANE PATRICK MUSCATO ROBERT C. ROSEBROUGH GREGORY M. STEENBERGE BRIAN D. MUTO JEFFREY RYAN ROSENBERRY EDWARD R. STEINFORT KIMBERLY A. MYERS MATTHEW C. ROSS ADRAIN E. STEMPLE II JEFFREY E. NAFF TIMOTHY J. ROTT MICHELLE L. STERLING RICARDO NAJERA METODI V. ROULEV SHAWN P. STERMER ERIC JOHN NAVARRE RAYMOND K. ROUNDS DAVID B. STEVENSON BRIAN B. NEAL NICHOLAS G. ROWE MARCUS U. STEVENSON ALEXANDER W. NELSON KEVIN P. ROWLETTE ANDREW B. STEWART QUOCNAM T. NGUYEN EDWIN RUCKWARDT GRAHAM R. STEWART ROBERT W. NICHOLS, JR. JULIE ANNE RUDY JAYSON STEWART THOMAS I. NIX JUSTIN R. RUFA TONY J. STIBRAL GENE H. NOH ANDREW D. RULE BRIAN A. STILES STEVEN NORRIS RICHARD G. W. RULIFFSON MICHAEL T. STONE RAY H. NORTON DAVID G. RUNELS SAMMY E. STOVER MICHAEL J. NORVELL RAYMOND M. RUSCOE MICHAEL K. STREET VRETTOS W. NOTARAS BRIAN M. RUSSELL AARON JOSEPH STRODE ANDREA M. OCONNOR ERIC J. RUSSELL NATHAN C. STUCKEY CHARLES V. OCONNOR III JERIMIAH D. RUSSIAN MATTHEW P. STUECK PATRICK L. OKEEFE REBECCA F. RUSSO ROBERT W. STURGILL, JR. JAIME OLIVARES ETHAN A. RUTELL MICHAEL WILLIAM SUDEN STEPHEN A. OLIVARES JAMES L. RUTLEDGE MATTHEW SUHRE TREY J. OLMAN KATHERINE ANNE RYAN FWAMAY L. SULLIVAN MARK T. OLMSTEAD SCOTT D. RYDER THOMAS RICHARD SULLIVAN MICAH V. ONEAL ETHAN E. SABIN KONSTANTIN SVERKOUNOV URIAH L. ORLAND JERMAINE S. SAILSMAN JOHN R. SWANSON JASON N. ORTOLANO TODD J. SALZWEDEL PETER M. SWEENEY RACHAEL MUNRO OTT GERARDO SANCHEZ KYLE A. SWOPE CHAD D. OVERTON NICHOLAS B. SANDERS ADAM N. SYLVAN NATHAN H. OWEN WILLIAM D. SANDERS DEREK J. SYSWERDA RICHARD L. OWENS CHARLES S. SANDUSKY GIORGIO AUGUSTIN SZABO DAVID O. PABST JAMES MICHAEL SATTLER JOHN T. SZCZEPANSKI MICHAEL P. PALIK NICHOLAS R. SAUCIER KYLE A. TAKAMURA KEVIN L. PARSONS ZACHARY T. SCHAFFER BRIAN C. TALIAFERRO RIMPA PATEL KYLE S. SCHLEWINSKY JUSTIN M. TARLTON DAVID L. PAYTON JOHN W. SCHMIDTKE EDWARD R. TAYLOR NATHANIEL A. PEACE KEITH M. SCHNEIDER MATTHEW SCOTT TAYLOR ERIC VERNET PEDERSON CHRISTOPHER A. SCHNIPKE MICHELLE L. TAYLOR JUSTIN T. PENDRY STEVEN A. SCHNOEBELEN TIFFANY S. TAYLOR JORGE N. PEREZBENITEZ MICHAEL W. SCHREINER TIMOTHY A. TENDALL NATHAN C. PERRY TYLER B. L. SCHROEDER CHRISTOPHER J. TERRY JOSHUA J. PERSING DAVID W. SCHUR CHRISTOPHER M. THACKABERRY CHRISTOPHER R. PETEK LAWRENCE F. SCHUTZ MILES PEYTON THAEMERT ANDREW J. PETERSON JOHN R. SCHWARTZ RYAN JAMES THEISEN ERIC M. PETERSON ERIK W. SCHWARZ FRANK A. THEISING JOSEF N. PETERSON SETH PETER SCHWESINGER GREGORY C. THERIOT KATHERINE L. PETREN JESSE M. SCOTT MARY A. THIGPEN BRIAN D. PHILLIPS LISA R. SCOTT DUSTIN T. THOMAS DEANNA M. PHILLIPS MICHAEL D. SEAL JEROME SAMUAL TERRELL THOMAS JENNIFER M. PHILLIPS KEVIN A. SEAY KELIE A. THOMAS THOMAS E. PHILLIPS, JR. RYAN N. SEEKINS STEVEN C. THOMAS SEAN P. PICCIRILLI CHARLES D. SENDRAL LINWOOD A. THOMPSON ANTHONY L. PICKETT CHAD A. SESSLER MICHAEL J. THOMPSON BRETT E. PLUMMER ANAND D. SHAH ROBERT E. THOMPSON ZOFIA A. PLUMMER THEODORE JOHN SHANKS MATTHEW B. THRIFT ARTIS M. POE III CHRISTOPHER MICHAEL SHARP RYAN C. THULIN

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CHRISTOPHER A. THUOTTE CHIRIGA O. WILSON AMANDA L. DENTON RENEE Z. THUOTTE DAVID C. WILSON MATTHEW R. FERRERI ANDREW CHARLES TIDGEWELL NEAL M. WILSON JENNIFER M. GIOVANNETTI AARON P. TILLMAN RICHARD N. WINFREY, JR. ELISA AMANTIAD HAMMER NELSON E. TIRADO CHRISTOPHER L. WINKLEPLECK JARRETT R. JACK WENDELL R. TONEY ALEXANDER D. WINN PAUL Y. KIM LEONARDO A. TONGKO NICHOLAS G. WISNEWSKI ADAM B. KLEMENS ELIUD E. TORRES WARREN ERIC WITHROW KEYE S. LATIMER STEPHEN A. TOTH PATRICK WOLVERTON JUNG B. LEE JONATHAN M. TOWNSEND RYAN T. WONG MONIKA LUNN JOHN M. TRAVIESO CHRISTOPHER C. WOOD TRAVIS J. MEIDINGER CATHERINE J. TREDWAY JASON LEWIS WOODRUFF MIKEL M. MERRITT CHARLES M. TRICKEY ABRAM M. WOODY CAROLANN MILLER STEVEN E. TRNKA GREGORY A. WOOLEY JEFFREY A. NEWSOM DAVID D. TROXELL SCOTT P. WUENSTEL CHRISTOPHER S. PECHACEK CHRISTOPHER M. TROYER WILLIAM L. WUNSCHEL JOSEPH N. PUGLIESE STEVEN A. TRUEBLOOD LAWRENCE WYATT, JR. CHRISTOPHER M. PUTNAM MAUREEN A. TRUJILLO MING XU CARY C. REGISTER BRENT GERALD TSCHIKOF AARON M. YAGER ALLISON R. ROGERS REBECCA A. TUBMAN VUE YANG TOMAO L. ROSE JASON L. TUCKER ALAN YEE ELLEN A. ROSKA BRYAN BERFENTI TUINMAN CHRISTOPHER W. YENGO EMBER RYALS GRANT M. TULLIUS MICHAEL D. YOUNG SEAN D. SARSFIELD MICHAEL R. TURNER BENJAMIN D. YOUNGQUIST JASON B. SHIRAH RICHARD J. TURNER PETER D. YULE JENNIFER L. SHIRLEY JAMES M. TUTHILL DENNIS A. ZABKA JOHN E. STUBBS JOSEPH BRIAN TUZZOLINO MATTHEW D. ZAKRI TISHA D. SUTTON MARK ALLEN TYLER JOSE L. ZAMBRANO BRIAN K. SYDNOR RYAN T. TYPOLT ARIC L. ZEESE MATTHEW T. TARANTO FRANCIS C. TYSON IV BAI LAN ZHU CHRISTINE L. TOLBERT CHRISTOPHER D. UHLAND THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CHARLES B. TOTH ANDREW GALO ULAT DAVID E. WAGNER DAVID B. UNDEUTSCH TO THE GRADE INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTION 624: ERICH W. WANAGAT CASEY L. UTTERBACK DANIEL J. WATSON ANDREW J. VAIL To be colonel AARON D. WEAVER MARKYVES J. VALENTIN DAVID C. WRIGHT DANIEL J. BESSMER JOSEPH S. VALENTINO RICHARD Y. K. YOO JAMES M. VALPIANI IMELDA M. CATALASAN KENDRA S. ZBIR GREGORY K. VAN DYK ANDREW A. CRUZ PETER A. VANAGAS DAVID H. DICKEY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MATTHEW J. VANGILDER MARK R. DUFFY TO THE GRADE INDICATED IN THE UNITED STATES AIR DONALD E. VANSLYKE MELANIE J. ELLIS FORCE UNDER TITLE 10, U.S.C., SECTION 624: DANIEL MOISES VEGA LARRY S. KROLL To be major GREGORY A. VICE MARTIN W. LAFRANCE MATTHEW BENJAMIN VICKERS DAVID J. LINKH OLUJIMISOLA M. ADELANI JESSE O. VIG CHERIE ANNE C. MAUNTEL JOSHUA P. ADILI MICHAEL A. VOLKERDING MICHAEL B. PEAKE DANIELLE N. ANDERSON STACIE L. VOORHEES SCOTT M. SONNEK SCOTT R. ANDERSON DREW T. J. VOSS CHRISTINE L. STABILE ERIN D. ARCHER NATHAN P. VOSTERS BERNARD L. VANPELT RICHARD S. BAKER, JR. CHRISTOPHER MICHAEL WADDELL CHRISTIE BARTON WALTON SCOTT A. BAKER KRISTOPHER L. WAECHTER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JEFFREY N. BARNES RUSSELL E. WAIGHT TO THE GRADE INDICATED IN THE UNITED STATES AIR TIMOTHY W. BATTEN RYAN G. WALINSKI FORCE UNDER TITLE 10, U.S.C., SECTION 624: NIKKI L. BEADLE EDWARD Y. WALKER SEAN W. BERENSEN HUGH E. WALKER III To be lieutenant colonel MARCUS B. BOONE JASON DOUGLAS WALKER JOANNA BORAWSKI DAVID B. BARKER KRYSTAL M. WALKER ANDREW J. BOSTIC DANISHIA A. BARTON VIRGINIA S. WALKER JOHN A. BOUCHARD MELISSA J. BEASLEY WILLIAM M. WALKER II TIFFANY A. BRAKEFIELD RANDOLPH T. BOSCH JAMES A. WALL CRYSTAL A. BROWN SCOTT JAMES M. CAMILLERI JOHN D. WALLACE CODY R. BUTLER BRIAN M. CARUTHERS JONATHON C. WALLER DANIELLE BUTLER MARIABETHY PULIDO CASH KEVIN WALSH RYAN D. BUTTON JOSHUA S. CURTIS THOMAS ALAN WALSH NICOLE M. CAMPBELL KELLY LYNN DETERING DANIEL P. WALTERS GABRIEL A. CANTU JOI BLYTHE DOZIER ANDRE M. WALTON DANIEL E. CATRAMBONE IAN C. ERSKINE LAWRENCE C. WARE LEAH D. CHAPMAN DAVID A. FERGUSON RYAN B. WARTMAN TODD J. CHRISTENSEN STEVEN M. FOX DANIEL C. WASSMUTH LEVI E. COLE RYAN A. GABEL ZACHARY R. WATERMAN DEBORAH E. COLON EMIRZA G. GRADIZ JOSHUA CHRISTMAN WATKINS PATRICK D. CORDING LISA FLORES GUZMAN WILLIAM J. WATKINS AMILEAH R. DAVIS FRED L. HARRIS JONATHAN N. WATSON MINDY A. DAVIS ADAM G. HENSON JOSEPH A. WATSON NANCY B. DELANEY KIRK D. HUNTSMAN TODD MICHAEL WATSON NICOLE C. DJANBATIAN PERRY J. JOHNS KEVIN L. WATTS JOHN S. DOLESKI VANESSA A. JOHNSON BEACHER R. WEBB III ALICIA M. DUDLEY ALEXEI KAMBALOV BRIAN RICHARD WEBB KYLE HUNTER EAST SYLVIA CHIHYUN KIM JASON D. WEBB RYAN G. EISWERTH JOSHUA J. LESLIE MICHAEL L. WEBBER IRENA F. FARLIK WENDY J. MORENO BRIAN E. WEBSTER RUDOLPH T. FRANCIN LINDSEY KAY OLESON CHRISTOPHER J. WEDEWER SHARA N. FRANCIN JOSHUA D. PETER SCOTT ALLEN WEED SHEONTEE C. FRANK KEVIN S. RAMSEY AARON W. WEEDMAN SHELTON J. FRASER DANIEL J. RIVAS PAUL R. WEME LESLEY ANN FRIEDHOFF TODD M. ROMAN HEATHER A. WEMPE IVETH A. GALVEZ GUZMAN JOSEPH H. ROUNTREE DANIELLE D. WEMYSS JASON M. GARCIA TANYA M. SIMULICK MATTHEW J. WEMYSS RYAN G. GARRISON STATWELL G. SINCLAIR, JR. MICHAEL F. WENDELKEN BRIANNE J. GEORGE JAMES A. STEWART BRANDON D. WENGERT TIMOTHY R. GEORGE LEWIS RANDOLPH TAYLOR JAMES T. WESTFALL JULIANNE J. GILLESPIE THOMAS JASON TELFER JACOB M. WESTWOOD JOSEPH GITERSONKE ALISON M. THOMAS TYSON KRISTOPHER WETZEL NATHAN W. GOEKE JASON T. TOMPKINS PHILLIP A. WHEELER JOSHUA M. HALL NEVA J. VANDERSCHAEGEN MARK D. WHISLER CHASE M. HAMILTON GLORIA JEN WALSKI GEOFFREY N. WHITAKER ROCHELLE K. HASE TOBIE A. WETHINGTON JONATHAN L. WHITAKER GLORIA J. HEATER JOCELYN M. WHALEN JOSHUA T. WHITE JEFFREY R. HERCHLER TANYA R. YELVERTON KEITH S. WHITE CHRISTOPHER G. HERMAN ANGELA M. YUHAS KEVIN E. WHITE EMILY N. HEWETT MARCUS J. WHITE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRANDON M. HEY THOMAS D. WHITE TO THE GRADE INDICATED IN THE UNITED STATES AIR RODNEY A. HO, JR. TIM RAY WHITELOCK FORCE UNDER TITLE 10, U.S.C., SECTION 624: ADAM M. HOLLINGSWORTH BISHANE ANTHONY WHITMORE To be lieutenant colonel CHARLES R. HOLT III JONATHAN L. WHITTAKER NATHAN H. HOWARTH DANIEL PHILLIP WIESNER EBON S. ALLEY MICHAEL J. HSU JOSHUA D. WIITALA JEFFREY D. ANDREOLI DANA M. HUBBARD MATTHEW S. WILCOXEN JOHN C. BATKA STEVEN M. HYER JOSHUA D. WILD PAUL W. BOTT ADAM P. IRVIN BROOKS A. WILKERSON MEGAN S. BRANDT KAMY C. JENKINS DAVID S. WILLIAMS ROBERT S. BROWN DAVID M. JOHNSON JUSTIN J. WILLIAMS KAREN J. BUIKEMA LAURA E. JOHNSON KEVIN CHARLES WILLIAMS, JR. BELINDA F. COLE PHILLIP J. KARSEN DANIEL CLYDE WILLIS WARREN G. CONROW ROBERT S. KENNEDY WARD G. WILLIS SCOTT A. COREY ERIC J. KIRWAN CARL B. WILSON JAMIE D. CORNETT MICHAEL R. KLINGSHIRN

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MARQUITA F. KNIGHT KRISTEN E. REDD BRIAN HUNTER WELLS SHAWN P. KNIGHT ELLIOT N. REED JUSTIN G. WHITAKER SARA E. KOEPKE PRESTON CARNELL REED RACHEL E. WILEY BENJAMIN F. KOLLE ERICA N. ROBINSON RYAN W. WILKES NATHAN A. KRZYANIAK AMBER N. RODGERS ANN E. WILKINS KATHIUSKA M. LAMBRODRIGUEZ MICHELLE M. RODRIGUEZ JOSHUA D. WILSON JAMES HAROLD LANDSBERGER MELANIE R. ROSERIE LORA WOLSKI KIMBERLY A. LANE JESSICA J. SAN FELIPPO HUETTE C. WONG GREGORY J. LATHBURY TRAVIS W. SCHMITT JAMIE MEREDITH WOODSON RYAN M. LEPPERT ANDREA B. SCHULTZ KELLIE J. ZENTZ MAIRA G. MALHABOUR DANNY A. SECOR BRYDON K. MANNING RYAN B. SHAVER IN THE ARMY DANIEL MARCIEL MICHAEL A. SHAW MARGARET E. MARTIN HEIDI L. SHELSTAD THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOHN W. MARUHN JORDAN L. SIMONSON TO THE GRADE INDICATED IN THE UNITED STATES ARMY JONATHAN B. MCQUAIG TREVOR W. SLEIGHT UNDER TITLE 10, U.S.C., SECTION 624: PATRICK M. MEADE TIFFANY V. SOMMERS JULIE L. MENEGAY NATHAN VINCENT STAFFORD To be major JACOB A. MOCK NICHOLAS ALLYN STASSEN BRIAN C. GARVER JAMES NATHANAEL MOORE CHARU STOKES WILLIAMS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PATRICK M. MUDIMBI JAMES GAYLE STOUFFLET, JR. TO THE GRADE INDICATED IN THE UNITED STATES ARMY MAYRIN C. MUNGUIA STELA S. STRILIGAS UNDER TITLE 10, U.S.C., SECTION 624: GERALD J. NOVACK MICHAEL P. SWEENEY KATHRYN H. OJA JUSTIN C. SZAJNECKI To be colonel ERIC A. OWENS JOYANNE E. TESEI BECKY L. PEDERSON HEATHER M. TEVEBAUGH EDWARD J. FISHER DANIELLE N. PENDER KATHRYN MARIE TIDWELL VICTOR I. PERRI, JR. JOSHUA J. VAN WYNGAARDEN IN THE NAVY JULIANNA M. PETRONE SEE S. VANG THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- JOHN P. PISTELLO MICHAEL A. VERNALE MENT TO THE GRADE INDICATED IN THE REGULAR NAVY JESSICA H. RACKLEY JERRY V. WALKER III UNDER TITLE 10, U.S.C., SECTION 531: JAMES W. RAFINER AMANDA R. WALSH TIMOTHY E. RALSTON JENNIFER P. WANG To be lieutenant commander KARLA J. RAMIREZVIGIL MADELYN F. WAYCHOFF KIMBERLY M. RANIERI BRIAN J. WELCH THOMAS W. LUTON

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